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You may copy it, give it away or re-use it under the terms +of the Project Gutenberg License included with this eBook or online +at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you +are not located in the United States, you will have to check the laws of the +country where you are located before using this eBook. +</div> +<div style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Title: Essays on the Constitution of the United States</div> +<div style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Author: Paul Leicester Ford</div> +<div style='display:block; margin:1em 0'>Release Date: April 5, 2010 [eBook #31891]<br /> +[Most recently updated: January 27, 2022]</div> +<div style='display:block; margin:1em 0'>Language: English</div> +<div style='display:block; margin:1em 0'>Character set encoding: UTF-8</div> +<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK ESSAYS ON THE CONSTITUTION OF THE UNITED STATES ***</div> + + </div> + <div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + + </div> + + <hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.73em"><span style="font-size: 173%">Essays on the Constitution of the United States</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.20em"><span style="font-size: 120%">Published During Its Discussion by the People</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.20em"><span style="font-size: 120%">1787-1788</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.20em"><span style="font-size: 120%">Edited by</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">Paul Leicester Ford</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Brooklyn, N.Y.</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Historical Printing Club</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">1892</p> + </div> + <hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Contents</span></h1> + <ul class="tei tei-index tei-index-toc"><li><a href="#toc1">Introduction.</a></li><li><a href="#toc3">The Letters Of Cassius, Written By James Sullivan.</a></li><li><a href="#toc5">The Letters Of Agrippa, Accredited To James Winthrop.</a></li><li><a href="#toc7">Replies To The Strictures Of A Landholder, By Elbridge Gerry.</a></li><li><a href="#toc9">The Letters Of A Landholder, Written By Oliver Ellsworth.</a></li><li><a href="#toc11">A Letter To The Landholder. By William Williams.</a></li><li><a href="#toc13">The Letters Of A Countryman. Written By Roger Sherman.</a></li><li><a href="#toc15">The Letters Of A Citizen Of New Haven, Written By Roger Sherman.</a></li><li><a href="#toc17">The Letters Of Cato, Written By George Clinton.</a></li><li><a href="#toc19">The Letters Of Cæsar, Written By Alexander Hamilton.</a></li><li><a href="#toc21">The Letters Of Sydney. Written By Robert Yates.</a></li><li><a href="#toc23">Cursory Remarks By Hugh Henry Brackenridge.</a></li><li><a href="#toc25">Letter Of Caution, Written By Samuel Chase.</a></li><li><a href="#toc27">Letter Of A Friend To The Constitution, Written By Daniel Carroll.</a></li><li><a href="#toc29">The Letters Of Luther Martin.</a></li><li><a href="#toc31">Letter Of A Plain Dealer, Accredited To Spencer Roane.</a></li><li><a href="#toc33">Remarks On The New Plan Of Government, By Hugh Williamson.</a></li><li><a href="#toc35">Letter Of A Steady And Open Republican, Written By Charles Pinckney.</a></li><li><a href="#toc37">Bibliography.</a></li><li><a href="#toc39">Index.</a></li><li><a href="#toc41">Footnotes</a></li></ul> + </div> + + </div> +<div class="tei tei-body" style="margin-bottom: 6.00em; margin-top: 6.00em"> + +<span class="tei tei-pb" id="pagev">[pg v]</span><a name="Pgv" id="Pgv" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc1" id="toc1"></a> +<a name="pdf2" id="pdf2"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Introduction.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In 1888 the editor selected from the pamphlet arguments published +during the discussion of the Constitution of the United +States, prior to its ratification by the States, a collection of fourteen +tracts, and printed them in a volume under the title of +<span class="tei tei-hi"><span style="font-style: italic">Pamphlets on the Constitution of the United States</span></span>. The reception +given that collection clearly proved that these writings were only +neglected because of their rarity and inaccessibility, and has induced +the editor to collect another, though largely similar class +of writings, which he believes of equal value and equally unknown. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the great discussion which took place in the years 1787 +and 1788 of the adoption or rejection of the Constitution of the +United States, one of the important methods of influencing +public opinion, resorted to by the partisans and enemies of the +proposed frame of government, was the contribution of essays to +the press of the period. The newspapers were filled with anonymous +articles on this question, usually the product of the great +statesmen and writers of that period. Often of marked ability, +and valuable as the personal views of the writers, the dispersion +and destruction of the papers that contained them have resulted +in their almost entire neglect as historical or legal writings, and +the difficulty of their proper use has been further increased by +their anonymous character, which largely destroyed the authority +and weight they would have carried, had their true writers +been known. +</p> + +<span class="tei tei-pb" id="pagevi">[pg vi]</span><a name="Pgvi" id="Pgvi" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From an examination of over forty files of newspapers and +many thousand separate issues, scattered in various public and +private libraries, from Boston to Charleston, the editor has +selected a series of these essays, and reprinted them in this +volume. From various sources he has obtained the name of the +writer of each. All here reprinted are the work of well-known +men. Five of the writers were Signers of the Declaration of Independence; +seven were members of the Federal Convention; +many were members of the State Conventions, and there discussed +the Constitution. All had had a wide experience in law +and government. Their arguments are valuable, not merely for +their reasoning, but from their statement of facts. New light is +thrown upon the proceedings in the Federal Convention, so large +a part of which is yet veiled in mystery; and personal motives, +and state interests, are mercilessly laid bare, furnishing clues of +both the support of and opposition to the Constitution. Subsequently +most of the writers were prominent in administering this +Constitution or opposing its development, and were largely responsible +for the resulting tendencies of our government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Paul Leicester Ford.</span></span><br /> +<span class="tei tei-hi"><span style="font-style: italic">Brooklyn, N. Y., April, 1892.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page001">[pg 001]</span><a name="Pg001" id="Pg001" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc3" id="toc3"></a> +<a name="pdf4" id="pdf4"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of Cassius, Written By James Sullivan.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In The Massachusetts Gazette,<br /> +September-December, 1787. +</p> + +<span class="tei tei-pb" id="page003">[pg 003]</span><a name="Pg003" id="Pg003" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The letters signed Cassius were, at the time of publication, +generally accredited to the pen of James Sullivan, and this opinion +is adopted in Amory's <span class="tei tei-hi"><span style="font-style: italic">Life of James Sullivan</span></span>. The letters +themselves bear out this opinion, being clearly written by a partisan +of the Hancock faction, of whom Sullivan was a warm +adherent, and constant newspaper essayist. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The first two letters were printed before the promulgation of +the proposed Constitution in Massachusetts, and chiefly relate to +the differences between the two parties headed by John Hancock +and James Bowdoin; but are included here to complete the +series. The letters are of particular value as giving the position +of Hancock, of whom Sullivan was the particular mouthpiece, +proving him to be a supporter of the adoption of the Constitution, +though the contrary has often been asserted. The early +letters were commented upon by <span class="tei tei-q">“Old Fog,”</span> in the <span class="tei tei-hi"><span style="font-style: italic">Massachusetts +Centinel</span></span> of Sept. 22 and Oct. 6, 1787. +</p> + +</div> + +<span class="tei tei-pb" id="page005">[pg 005]</span><a name="Pg005" id="Pg005" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, (Number 367). +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, September 18, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a great pity that such an able writer as Numa<a id="noteref_1" name="noteref_1" href="#note_1"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">1</span></span></a> should +take up the pen to distribute sentiments, which have a tendency +to create uneasiness in the minds of the misinformed and weak, +(for none other will be influenced by them) especially at this time +when the state is hardly recovered from those convulsions,<a id="noteref_2" name="noteref_2" href="#note_2"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">2</span></span></a> it +has so recently experienced. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The real well-wisher to peace and good government cannot +but execrate many of the ideas which that would be disturber of +tranquillity has lately proclaimed to the publick, through the channels of +the Hampshire Gazette, and Independent Chronicle.<a id="noteref_3" name="noteref_3" href="#note_3"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">3</span></span></a> +The man of sense, the true lover of his country, would, if a change +of officers was to take place in the government to which he was +subject, and men be placed in power, whom he thought not so +capable of the task as those who preceded them, endeavour, all +in his power, to extenuate the evil, and none but the ruthless incendiary, +or the disappointed tool, would, at such a period, conduct +in a manner the reverse. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is well known, that there is a party in this state whose +sentiments are in favour of aristocracy; who wish to see the constitution +dissolved, and another, which shall be more arbitrary +<span class="tei tei-pb" id="page006">[pg 006]</span><a name="Pg006" id="Pg006" class="tei tei-anchor"></a> +and tyrannical, established on its ruins. Perhaps a few of this +description were members of the last administration.<a id="noteref_4" name="noteref_4" href="#note_4"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">4</span></span></a> If so, +most happy for the commonwealth, they are now hurled from +seats of power, and unable to carry into effect plans laid for subverting +the liberties of the people.—Checked at once in their +horrid career—all those hopes blasted which they entertained of +concerting measures which would <span class="tei tei-q">“afford them matter for derision +at a future day,”</span>—they now put on the garb of hypocrisy, +and seem to weep for the terrible misfortunes which they pretend +are hovering around us. Such characters are, it is hoped, forever +banished from places of trust. Some of them pretend to be +mighty politicians,—they display a vast knowledge of ancient +times—and by their harangues about the conduct of Greece, +Rome and Athens, show their acquaintance with the pages of +antiquity. In some few instances, however, perhaps they are +a little mistaken. The learned Numa says, <span class="tei tei-q">“the degenerate +Romans banished Cicero for saving the commonwealth.”</span> Rome +did not banish Cicero—a faction, who wished to triumph over the +liberties of Rome, exiled that immortal orator; and to that, or a +similar one, he at last fell a sacrifice. If a faction can be styled +the people, with great propriety do the disappointed aristocraticks, +and their tools, in our day, style themselves, the great majority +of the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If Numa, and others of the like stamp, are politicians, they are +very short-sighted ones. If our government is weak, is it policy +to weaken it still more by false suggestions, and by a scandalous +abuse of our rulers? by endeavouring to spread a spirit of discontent +among the people, and prejudicing their minds against those +whom, by their suffrages, they have chosen to take the helm of +affairs? If this is policy, Numa is, indeed, an accomplished politician. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But the time of triumph for the aristocratick clan is now over. +The people have seen their folly in listening too much to them +already. Their conduct has involved the state in confusion; but +it is hoped, a conduct the reverse will place matters again upon a +right footing. The secret machinations, which were harboured +<span class="tei tei-pb" id="page007">[pg 007]</span><a name="Pg007" id="Pg007" class="tei tei-anchor"></a> +in the breasts of those aristocratick dupes, have been laid open to +publick inspection—their plans thoroughly investigated—and the +horrid tendency of them, had they taken effect, been fully manifested. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +They may weep, crocodile-like, till the source of their tears is +dried up, they never will get the prey into their jaws, which they +hoped to devour. The sting of remorse, it may be hoped, will +bring them to a sense of their guilt, and an upright conduct make +some amends for their high-handed offences. Should this take +place, an injured people may forgive, though they never can forget +them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let Numa reflect, that we now have, at the head of government, +those men who were the first to step forth in the great +cause of liberty—who risked their all to acquire the blessings of +freedom; though that freedom, through the influence of such +characters as himself, has been often abused. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The people know their rulers, and have confidence in them: +and can it be supposed, that they would have confidence in those, +whose dastardly souls, in time of danger, shrunk back from the +scene of action, and kept secure in their strong holds? and when +peace and independence had crowned the exertions of far more +noble souls, they groped out of darkness and obscurity, and intruded +themselves into places of power and trust? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Can it be expected, that the people should have confidence in +such men, or feel themselves secure under their government? +By no means. The bandage is taken from their eyes—they see +and detest them. They have displaced them, that they may return +to their former obscurity, and pass the remainder of their +days in philosophizing upon their conduct. Numa and his coadjutors +may exert themselves all in their power; but they cannot +again stir up sedition and rebellion. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The people now have too much penetration to be led away by +their falsehoods and scandal: they will, it is hoped, ere long, reap +the blessings of good government, under the direction of a wise +administration, and treat in a manner they deserve, every incendiary +attempt against their peace and happiness. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page008">[pg 008]</span><a name="Pg008" id="Pg008" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, (Number 371) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, October 2, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To Numa's long list of evils, which he says, in some of his +productions, are prevalent in the commonwealth, he might have +added, that when priests became Jesuits, the liberties of the people +were in danger—in almost all countries, we shall find, that +when sedition and discontent were brewing, Political Jesuits were +often at the bottom of the affair. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Unhappily for Numa, the citizens of Massachusetts are not so +blinded by ignorance, nor so devoted to prejudice and superstition, +as the common people in those arbitrary and despotick governments, +where clerical imposition reigns paramount almost to +everything else; where the freedom of speech is suppressed, and +the liberty of the people, with regard to examining for themselves, +totally restrained. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is, however, the case that, even in this country, the weak +and ignorant are often led too implicitly to put their faith wholly +upon what their spiritual teachers think proper to inform them, +and precipitately imbibe sentiments from them, which, if their +teacher is a designing knave, may prove detrimental to society. +The Jesuit will, however, find it very difficult, notwithstanding +many circumstances may seem to favor his views, to carry the +point of altering a free government to one more arbitrary, in such +a country as this. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The cloak of religion too often answers to promote plans detrimental +<span class="tei tei-pb" id="page009">[pg 009]</span><a name="Pg009" id="Pg009" class="tei tei-anchor"></a> +to the peace and happiness of mankind. The priests, who +accompanied the Spaniards when they first invaded the kingdoms +of Mexico and Peru, urged on those blood-hounds to perpetrate +scenes of cruelty and horror (at the bare recital of which human +nature shudders), with assurances that it would tend to promote +the cause of the Christian religion, if they effected the conquest +of those unhappy people, and that any conduct was justifiable to +bring infidels to a sense of their duty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The teacher of the benign and peaceable doctrine of the +Saviour of mankind, often thinks he can, with greater security, +on account of his profession, disseminate the seeds of sedition and +discontent, without being suspected. This thought no doubt occurred +to Numa before he exhibited his designing productions to +the publick. Sheltered under the sacred wing of religion, how +many an impious wretch stalks secure from publick justice, +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-lg" style="margin-bottom: 0.90em; margin-top: 0.90em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">“</span><span style="font-size: 90%">Whose mem'ries ought, and will perhaps yet live,</span></span></div> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">In all the glare which infamy can give.</span><span style="font-size: 90%">”</span></span></div> +</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Numa indicates that he means to prepare the minds of the +people for the reception of that government which the Federal +Convention shall think most proper for them to adopt. In the +name of common sense, what can that scribbler mean by this assertion? +Is a scandalous abuse of our rulers—the propagation +of sentiments which are calculated to set the publick mind in a +ferment—if they are so far attended to as to have any influence +among the people—a fit preparation for such a measure? Surely, +by no means, and every thinking mind will discover that the productions +of Numa are either intended to effect secret purposes, or +that they are merely effusions of the fanatick brain of that Quixote +of the day. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Instead of vile insinuations and falsehoods being spread among +the people, in regard to their rulers, in order to prepare their +minds for the reception of that form of government which the +Federal Convention may propose, sentiments the very reverse +ought to be propagated. The people ought to be inspired with +the highest confidence in those who preside over the affairs of the +state. It ought to be implanted in their minds, that their rulers +are men fit to conduct every plan which might be proposed, to +<span class="tei tei-pb" id="page010">[pg 010]</span><a name="Pg010" id="Pg010" class="tei tei-anchor"></a> +promote the general welfare of the people; and this with truth +may be asserted. But Numa has no more intention of preparing +the minds of the people for the government which the Federal +Convention may propose, than Queen Catharine has of abdicating +the throne of Russia. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The people of Massachusetts ought to be cautioned, above +everything, to be on their guard with respect to the conduct of +Political Jesuits. They have generally been the curse of almost +every country that has cherished; they have often been the promoters +of revolution and bloodshed. A set of infernal fiends, let +loose from the dreary mansions of Beelzebub, cannot be more +detrimental to the place and happiness of society, than a band of +Political Jesuits. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Citizens of Massachusetts! those men who now preside over +you are, and ever have been, the patrons of freedom and independence! +men whose exertions have been unceasing to promote +and secure to you the blessings of a free government; whose +grand stimulus to act is the advancement of your welfare and +happiness!—men whose conduct is not stinted by the narrow concerns +of self, and who, <span class="tei tei-q">“when their country calls, can yield their +treasure up, and know no wish beyond the publick good.”</span> Such +are the men who now wield the affairs of state, and whose deeds +will, when those of that vile clan of calumniators who exist in this +state are rotting in the tomb of oblivion, conspicuously adorn the +brightest pages of the American revolution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Numa<a id="noteref_5" name="noteref_5" href="#note_5"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">5</span></span></a> +and his band, the calumniators of true worth, may +bustle away for a while; but they will ere long be obliged to +retire from the bright flashes of patriotism and merit; and, after +finding their endeavours fruitless, to sully The Character of the Brightest Luminary +that ever Adorned the Hemisphere of Massachusetts,<a id="noteref_6" name="noteref_6" href="#note_6"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">6</span></span></a> +and many other illustrious patriots, who compose +the present administration, they will retire to gnash their teeth in +anguish and disappointment, in the caverns of obscurity—a punishment +their conduct most justly merits. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page011">[pg 011]</span><a name="Pg011" id="Pg011" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, III.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 383) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, November 16, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It was the saying of an eminent legislator, that if we had +angels to govern us, we should quarrel with them. The conduct +of some among us has repeatedly evinced, beyond a doubt, that +this would actually be the case; we have proof of this in a more +particular manner in the opposition now made by some (but I +sincerely hope the number is few) to the form of government +agreed upon by the late federal Convention. I firmly believe, if +a form of government was proposed to some of the inhabitants of +the United States by the great Author of Nature himself, founded +on the basis of eternal rectitude, and sanctioned in the courts +above, that they would object to it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a happy circumstance for the citizens of the United States +that they are acquainted with the motives which actuate the +present opposers to the plan of federal government; as they now, +instead of listening with candour to the dictates of mad frenzy +and wild ambition, will treat with the deserved contempt all their +productions. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The opposers to the plan of federal government, are composed +of such as are either deeply in debt and know not how to extricate +themselves, should a strict administration of law and justice take +place, or those who are determined not to be contented under any +form of government, or of such as mean to <span class="tei tei-q">“owe their greatness +to their country's ruin.”</span>—Are such fit men to point out objections +<span class="tei tei-pb" id="page012">[pg 012]</span><a name="Pg012" id="Pg012" class="tei tei-anchor"></a> +to a government, proposed by the first characters in the universe, +after a long and candid discussion of the subject?—Are such fit +characters to propose a government for ruling a free and enlightened +people?—Can those who are known to be divested of +honour, justice and integrity, expect to propagate sentiments that +will outweigh those of men whose character as true republicans +and wise statesmen, are known from pole to pole—men, whose +wisdom and firmness have emancipated the United States from +the yoke of bondage, and laid the foundation of an empire, which +(if the people will still follow their precepts) will last till time +shall be swallowed up in the <span class="tei tei-q">“wasteless ages of eternity?”</span>—Can +scribblers whose fame is but of a day, think to influence the +citizens of the United States so far as to cause them to respect a +form of government calculated to diffuse the blessings of civil +society far and wide?—If they can harbour ideas of such a nature, +I pity their weakness and despise their villainy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some writers in Pennsylvania, New York and Massachusetts, +have displayed their scribbling talents in opposition to the plan +of federal government; but it is easy to perceive by their arguments, +that they are men who are fearful of not being noticed in +a federal government, or are some of the stamp before mentioned. +Their arguments are without weight, and their assertions and +insinuations as foreign to the real state of facts as anything possibly +can be: they anticipate evils, which, in the nature of things, +it is almost impossible should ever happen, and, for the most part, +their reasoning (if it is not a degradation to reason to call such +jargon by its name) is incoherent, nonsensical and absurd. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some writers in Massachusetts have discovered such weakness, +inconsistency and folly in their productions, that it discovers +them to be entirely ignorant of the subject they pretend to discuss, +and totally unacquainted with the plan of government proposed +by the federal convention. Among this number, is a +scribbler under the signature of Vox Populi;<a id="noteref_7" name="noteref_7" href="#note_7"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">7</span></span></a> whose signature, to +have been consistent with his productions, should have been Vox +Insania. This pompous and very learned scribbler, goes on to +harangue the public about the danger, hazard, terror and destruction +<span class="tei tei-pb" id="page013">[pg 013]</span><a name="Pg013" id="Pg013" class="tei tei-anchor"></a> +which will attend the adoption of the federal Constitution. +He pleads, in a mournful strain, much about woful experience. +From this circumstance, I am induced to suppose Vox +Populi was an adherent of the celebrated Shays, in his unfortunate +expedition the last winter, and wofully experienced the misfortune +attendant on the insurgents, through the energy of government. +However, the inhabitants of Massachusetts may be +assured, that they will have Woful Experience with a witness, if +they suffer themselves to be led away by such ignorant, knavish +and designing numbheads as Vox Populi and his clan, so far as +to reject the plan of federal government proposed by the Convention. +Vox Populi complains that our source for taxes is exhausted, +and says we must have a new system for taxation: but +he must consider, that if the federal government is adopted, we +shall not have occasion to employ the legislature so great a part +of the year as we are now obliged to do; of consequence, government +will be able to apply their money to better uses than paying +anti-federalists, while they are spreading their poisonous vapours +through the already too much infected atmosphere. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. Vox Populi remarks, that some people are already taxed +more than their estates are worth; in this instance I sincerely believe +he speaks the truth. But what is the occasion of their being +thus taxed?—It is because they make a show as though they +have property, though in fact it belongs to another; they live +sumptuously, and riot in the property of their unfortunate creditors. +Perhaps Mr. Vox Populi is one of this class, and has wofully +experienced a taxation more than his whole estate is worth: +if he is, I would advise him, instead of employing his time in +belching out his <span class="tei tei-q">“de factos, plene proofs”</span> and other chit-chat of +the like kind, and disseminating his execrable <span class="tei tei-q">“ideas,”</span> to go +about adjusting his affairs, as it will tend more to his honour, +and perhaps be the means of saving him from the woful experience +of confinement in a place much more fit for him than that +in which he now is. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I pity Mr. Vox Populi's weakness and conceit, in thinking he +and others of his class have accents not less majestick than thunder, +as I really think he is very singular in his opinion. Instead +<span class="tei tei-pb" id="page014">[pg 014]</span><a name="Pg014" id="Pg014" class="tei tei-anchor"></a> +of his <span class="tei tei-q">“accents”</span> being majestick as thunder, they are as harmless +and insignificant as the feeble breeze. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Citizens of Massachusetts, look well about you; you are beset +by harpies, knaves and blockheads, who are employing every +artifice and falsehood to effect your ruin. The plan of federal +government is fraught with every thing favourable to your happiness, +your freedom and your future welfare: if you reject it, +posterity will execrate your memories, and ceaselessly insult +your ashes: if you adopt it, they will revere your departed +shades, and offer up libations of gratitude on your tombs. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +May that wisdom which is profitable to direct guide your +judgments—and may you, by adopting the federal government, +secure to yourselves and your posterity every social and religious +advantage, and every national blessing. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page015">[pg 015]</span><a name="Pg015" id="Pg015" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, IV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 385) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, November 23, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Anarchy, with her haggard cheeks and extended jaws, stands +ready, and all allow that unless some efficient form of government +is adopted she will soon swallow us. The opposers to the +plan of government lately agreed upon by the federal convention +have not spared their censures upon it: they have stigmatized it +with every odious appellation that can be named; but amidst all +their railing, have not so much as hinted at a form of government +that would be proper for us to adopt: and even if they had, it +would have remained for us to examine, whether they were men +of more honesty, greater abilities, and firmer patriots and friends +to their country, than the members of the late convention; and +whether the form of government, which they might propose, was +better adapted to our situation and circumstances, and freer from +imperfections, than the one which has already been proposed to +us. But it is not the intention of the opposers to the plan of federal +government, founded on firm and truly republican principles; +as, in that case, their aims would be entirely defeated, as it would +put it out of their power to stir up sedition and discontent; and +they would be lost in obscurity, or move in a most contemptible +sphere. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have before hinted, that the opposers of the plan of federal +government are composed of knaves, harpies and debtors; and, I +<span class="tei tei-pb" id="page016">[pg 016]</span><a name="Pg016" id="Pg016" class="tei tei-anchor"></a> +trust, it will soon appear, what I have said is not a bare assertion +only, but a matter of fact. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I shall now proceed to make a few remarks on the conclusion +of <span class="tei tei-q">“Vox Populi's,”</span> or rather Vox Insania's, production which appeared +in last Friday's paper. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Vox Populi requests the inhabitants of Massachusetts <span class="tei tei-q">“to pay +that attention to the federal constitution which the importance of +its nature demands;”</span> and informs them, that they <span class="tei tei-q">“have hazarded +their lives and fortunes (by the way, a wonderful piece of news) +to establish a government founded on the principles of genuine +civil liberty,”</span> &c. I join with him in his request. And am confident +if that attention which is requisite is paid to the proposed +plan of federal government, that it will meet with the hearty approbation +of every well wisher to the freedom and happiness of +his country. It is true, that the inhabitants of America have +hazarded their lives and fortunes to establish a free and efficient +government; but will Vox Populi, that moon-light prophet, pretend +to say that such a government is at present established? +Vox Populi goes on to inform us, that, by adopting the new plan +of government, we shall make inroads on the constitution of this +State, which he seems to think will be sacrilegious. His narrow +and contracted ideas, his weak, absurd, and contemptible arguments, +discover him to be possessed of a mind clouded with the +gloom of ignorance, and thick with the grossest absurdity. +Strange it is, that that babbler should suppose it unjustifiable for +the people to alter or amend, or even entirely abolish, what they +themselves have established. But says Vox Populi, perhaps the +new plan will not have the same number to approbate it, that the +constitution of this State had. Perhaps Vox Populi will be hung +for high treason. There is, in my opinion, as much probability +in the latter perhaps, as in the former. Pray, Mr. Vox Populi, if +I may be so bold, what reason have you to judge that there will +not be so many for adopting the constitution proposed by the +convention, as there were for adopting the constitution of this +State some years ago? Do you suppose the inhabitants of Massachusetts +have depreciated in their understanding? or do you +suppose that the sublimity of your jargon has blinded them with +<span class="tei tei-pb" id="page017">[pg 017]</span><a name="Pg017" id="Pg017" class="tei tei-anchor"></a> +respect to their best interests? If you suppose the former, I +think you have not been much conversant with them of late, or +that your intellects are something defective. If you suppose the +latter, in my opinion, you are no better than a downright Fool. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Vox Populi sets out to touch the consciences of men in office, +in representing the solemnity of an oath. It seems almost impossible +that any one should be so stupidly blinded to every dictate +of reason and common sense, as to start such things as have +been mentioned by Vox Populi, to deter men from using their +influence to effect the adoption of the new plan of government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Can that shallow-pated scribbler suppose that an oath taken +by rulers to stand by a form of government, adopted by the people, +can be of any force or consideration if the people choose to +change that form of government for another more agreeable to +their wishes? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But (in order without doubt to strike a greater dread upon +their minds) Vox Populi says, <span class="tei tei-q">“the oath is registered in Heaven.”</span> +Pray, Mr. Vox Populi, when was you there? and did you really +see the oath registered? The constitution of this state was +formed, and officers appointed under it, long since the awful battle +was fought in Heaven, between Michael and the Prince of +Darkness, and I cannot conceive of your admittance there in any +other way than under the banners of his Satanick Majesty, who +might suppose that such an unparalleled phenomenon would have +an effect on the archangel that would be favourable to his cause. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Vox Populi asserts that the General Court<a id="noteref_8" name="noteref_8" href="#note_8"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">8</span></span></a> acted merely +officially in laying the proposed plan of government before the people. +No man of candour, sense and foresight, Mr. Vox Populi, will +ask the reason of the General Court's laying the plan of government +proposed by the federal constitution before the people, as +their own minds will suggest to them the true reason for it, and +none but those who are as stupid and ignorant as yourself, would +suppose that the General Court acted merely officially in doing +as they did. The General Court were undoubtedly influenced by +motives of the best kind in what they did. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +They without doubt were anxious that the people should have +<span class="tei tei-pb" id="page018">[pg 018]</span><a name="Pg018" id="Pg018" class="tei tei-anchor"></a> +the new plan of government to consider of in due time, and, considering +the importance of it, and the tendency it had to promote +their happiness, liberty and security, took the first opportunity to +present it to them. 'Tis true, Mr. Vox Populi, that you are a +member of the legislature; it is also true that you are possessed +of a mind as emaciated as the mass of corrupt matter that encircles +it. But although you belong to the house of representatives, +I trust you are not the mouth of that honourable body; and, if +not, pray who authorised you to inform the publick of the motives +for their conduct? Did they in an official manner make their +motives known to you, and request you to lay them before the +publick? Indeed, Mr. Vox Populi, you seem to put on very assuming +airs, but I think you had better humble yourself, as your +station may, ere long, be lowered. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A writer under the signature of Examiner,<a id="noteref_9" name="noteref_9" href="#note_9"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">9</span></span></a> has several times +pointed out the fallacy of the writings of Vox Populi, and requested +that ghost-like scribbler to lay a form of government before +the publick in lieu of that which he has taken upon him to +condemn; and has informed him, that if he does not, and still +continues scribbling, his modesty will be called in question. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Examiner is entirely unacquainted with the babbler he +justly reproves, or he would not have mentioned anything to him +respecting modesty; as he must be sensible that screech-owls are +entirely divested of modesty, and he may be assured that Vox +Populi is one of those midnight squallers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Inhabitants of Massachusetts! be constantly on the watch—It +requires almost the eyes of an Argus to penetrate into all the +schemes of those designing wretches, who are waiting to see you +reject the federal system of government, and involve yourselves +in all the horrours of anarchy, then to riot with pleasure on your +miseries. Disappoint their expectations—adopt the proposed +plan of federal government—it will secure to you every blessing +which a free and enlightened people can expect to enjoy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some, who are now in office, but expect soon to leave it, and +bid adieu to power, unless they can effect the establishment of a +government which shall +</p> + +<span class="tei tei-pb" id="page019">[pg 019]</span><a name="Pg019" id="Pg019" class="tei tei-anchor"></a> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-lg" style="margin-bottom: 0.90em; margin-top: 0.90em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">“</span><span style="font-size: 90%">Cause treason, rapine, sacrilege and crimes,</span></span></div> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">To blot the annals of these western climes,</span><span style="font-size: 90%">”</span></span></div> +</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +are busy in spreading every false and malicious insinuation in +their power, to prejudice the people against the new plan of government; +but it is hoped they will see through their designs, and +treat them with contempt—and wisely agree to embrace the new +plan of government, which is favourable to every sentiment of republicanism, +and replete with every thing beneficial to their welfare. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page020">[pg 020]</span><a name="Pg020" id="Pg020" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, V.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 386) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, November 27, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Now there was a day when the sons of God came to present +themselves before the Lord, and Satan came also among them.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“And the Lord said unto Satan, Whence comest thou? Then +Satan answered the Lord, and said, From going to and fro in the +earth, and from walking up and down in it.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“And the Lord said unto Satan, Hast thou considered my servant +Job, that there is none like him in the earth, a perfect and +an upright man, one that feareth God, and escheweth evil?”</span> &c., +&c. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Citizens of Massachusetts! like the sons of God have the +members of the late federal convention assembled together; like +them too, have they been infested with the presence of Satan, or +such as were influenced by Satanick principles, and who wish to +thwart every design that has a tendency to promote the general +good of the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us take a short view of the characters who composed the +late federal convention. Are they not men who, from their infancy, +have been nurtured in the principles of liberty, and taught +to pay a sacred regard to the rights of human nature? Are they +not men who, when the poisonous breath of tyranny would have +blasted the flower of Independence in its bud, and veiled every +ray of freedom in the clouds of lawless despotism, nobly stepped +forth in defence of their injured country's rights, and through the +<span class="tei tei-pb" id="page021">[pg 021]</span><a name="Pg021" id="Pg021" class="tei tei-anchor"></a> +influence of whose exertions, favoured by the protection of an +over-ruling Power, the thick fog of despotism vanished like the +early dew before the powerful rays of the resplendent luminary of +the universe? Are they not honest, upright and just men, who +fear God and eschew evil? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +With few exceptions, they are mostly men of this character; +and, Citizens of Massachusetts, they have formed a government +adequate to the maintaining and supporting the rank and dignity +of America in the scale of nations; a government which, if adopted, +will protect your trade and commerce, and cause business of +every kind rapidly to increase and flourish; it is a government +which wants only a candid perusal and due attention paid to it, +to recommend it to every well-wisher to his country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Brethren and citizens, hearken to the voice of men who have +dictated only for your and posterity's good; men who ever +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-lg" style="margin-bottom: 0.90em; margin-top: 0.90em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">“</span><span style="font-size: 90%">Have made the publick good their only aim,</span></span></div> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">And on that basis mean to build their fame.</span><span style="font-size: 90%">”</span></span></div> +</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Listen not to the insinuations of those who will glory only in +your destruction, but wisely persevere in the paths of rectitude. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page022">[pg 022]</span><a name="Pg022" id="Pg022" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, VI.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 387) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, November 30, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Mr. Allen:</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Through the channel of your Paper, I beg leave to offer one or +two short remarks on a production which appeared in your last, +under the signature of Agrippa.<a id="noteref_10" name="noteref_10" href="#note_10"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">10</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Without saying anything concerning the justness of the learned +Agrippa's observations on past events, I shall confine myself +chiefly to a small part of his uncommonly ingenious essay. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Agrippa says, <span class="tei tei-q">“the attempt has been made to deprive us,”</span> &c., +<span class="tei tei-q">“by exalting characters on the one side, and vilifying them on +the other.”</span> And goes on, <span class="tei tei-q">“I wish to say nothing of the merits +or demerits of individuals, such arguments always do hurt.”</span> Immediately +after this he insinuates that the members of the late +federal convention have, <span class="tei tei-q">“from their cradles, been incapable of +comprehending any other principles of government than those of +absolute power, and who have, in this instance (meaning the form +of government proposed by them) attempted to deprive the people +of their constitutional liberty by a pitiful trick.”</span> Thus the ignorant +loggerhead blunders directly into the very same thing +which he himself, just before, takes upon him to censure. Perhaps +Agrippa thinks that excusable in anti-federalists, which in a +federalist he beholds as criminal; justly thinking, without doubt, +<span class="tei tei-pb" id="page023">[pg 023]</span><a name="Pg023" id="Pg023" class="tei tei-anchor"></a> +that as absurdity, knavery and falsehood, is the general characteristick +of anti-federalists, he might indulge himself in either of +them, without meriting censure. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I apprehend, that Agrippa has a new budget of political ideas, +centered in his pericranium, which he will, in his own due time, +lay before the publick; for he insinuates, that the members of the +late federal convention are incapable of comprehending any other +principles of government than those of absolute power. Was it +the dictates of absolute power, that inspired the immortal Washington +to lead forth a band of freemen to oppose the inroads of +despotism, and establish the independence of his country? Was +it the dictates of arbitrary power, that induced the celebrated +Franklin to cross the wide Atlantick to procure succours for his +injured countrymen and citizens? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Blush and tremble, Agrippa! thou ungrateful monster!—Charon's +boat now waits on the borders of the Styx, to convey you to +those mansions where guilt of conscience will prey upon your intellects, +at least for a season! +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-lg" style="margin-bottom: 0.90em; margin-top: 0.90em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">“</span><span style="font-size: 90%">Is there not some chosen curse,</span></span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">Some hidden thunder in the stores of heaven,</span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">Red with uncommon wrath, to blast the wretch,</span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">Who dares pollute such names</span></div> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">So sacred, and so much belov'd?</span><span style="font-size: 90%">”</span></span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">Methinks I hear each freeman cry,</span></div> +<div class="tei tei-l" style="text-align: left; margin-left: 5.40em"><span style="font-size: 90%">Most certainly there is.</span></div> +</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page024">[pg 024]</span><a name="Pg024" id="Pg024" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, VII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 387) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, November 30, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I believe it may be asserted for fact, that since the foundations +of the universe were laid, there has no kind of government been +formed, without opposition being made to it, from one quarter or +another. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There always has been, and ever will be, in every country, men +who have no other aim in view than to be in direct opposition to +every thing which takes place, or which is proposed to be adopted.—This +class of beings always wish to make themselves important, +and to incur notice; and, conscious of their inability to +obtain that notice which is bestowed on the patriot and the just +man, they put up (because they cannot help it) with being noticed +only for their absurdity and folly. When you hear this +class of Would Be's engaged in condemning any form of government, +or any thing else, ask them this simple question—What do +you think would be better than that which you condemn?—O! +that is quite another matter, would most probably be the answer; +we are not adequate to the task of fabricating a government, we +leave that to wiser heads—but, they will continue, it is easy for +any one to discover the imperfections in this form of government +we are condemning. Strange absurdity!—inadequate to the task +of constructing, yet capable of criticizing upon, and pointing out +the defects of, anything which is constructed. Well may we say, +in the words of another— +</p> + +<span class="tei tei-pb" id="page025">[pg 025]</span><a name="Pg025" id="Pg025" class="tei tei-anchor"></a> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-lg" style="margin-bottom: 0.90em; margin-top: 0.90em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">“</span><span style="font-size: 90%">Some are bewilder'd in the maze of schools,</span></span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">And some made criticks Nature meant but fools:</span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">In search of wit these lose their common sense,</span></div> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">And then turn critics in their own defence.</span><span style="font-size: 90%">”</span></span></div> +</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is not, in the extensive circle of human nature, objects +more completely despicable than those who take upon them to +censure and condemn a work, without being able to substitute +any thing preferable in lieu of it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In those objects, last mentioned, this country considerably +abounds, as the newspaporial pages fully evince. They have +been busily employed of late, in finding fault with the plan of +government proposed by the federal convention; they have almost +exhausted their folly, knavery, absurdity, and ridiculous, inconclusive, +non-applicable arguments on the subject; and, in my +opinion, was this question asked them, What do you mean by all +your learned farrago about this matter? they could not give any +other reasonable answer, than that their intent was, to exhibit +specimens of their scribbling talents.—But I will dismiss this subject +for the present, in order to make a few remarks on the conduct +of some others, since the proposed form of government made +its appearance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In some assemblies, where the necessity of calling a state convention +to consider of the merits of the new constitution has been +debated, some gentlemen, who were opposed to the plan of federal +government, while they reprobated it, at the same time declared +that none were more truly federal than themselves.—What +a pity it is, for these patriots in theory, that actions speak louder +than words—and that the people are so incredulous as not to believe +a thing which they know to be directly the reverse of +truth.— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It ever prejudices people against arguments, even if they should +happen to be just, if they are prefaced by a glaring falsehood—this, +sharpers do not always consider, when they are attempting +to carry their favourite points.—It is something to be wondered +at, that a certain theoretical patriot,<a id="noteref_11" name="noteref_11" href="#note_11"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">11</span></span></a> instead of saying he would +<span class="tei tei-pb" id="page026">[pg 026]</span><a name="Pg026" id="Pg026" class="tei tei-anchor"></a> +sooner have lost his hand than subscribed his name to the plan of +federal government, had not have declared, that he would sooner +have lost his head, and the amazing fund of federal wisdom it +contains, before he would have been guilty of so horrid an act. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Look around you, inhabitants of America! and see of what characters +the anti-federal junto are composed.—Are any of them +men of that class, who, in the late war, made bare their arms and +girded on the helmet in your defence?—few, very few indeed, of +the antifederalists, are men of this character. But who are they +that are supporters of that grand republican fabrick, the Federal +Constitution?—Are they not the men who were among the first +to assert the rights of freemen, and put a check to the invasions +of tyranny? Are they not, many of them, men who have fought +and bled under the banners of liberty?—Most certainly this is the +case.—Will you then, countrymen and fellow-citizens, give heed +to these infamous, anti-federal slanderers, who, in censuring the +proposed plan of federal government, have dared, basely dared to +treat even the characters of a Washington and a Franklin with +reproach?—Surely you will not. Your good sense and discernment +will lead you to treat with abhorrence and contempt every +artifice which is put in practice to sap the confidence you have in +men who are the boast of their country, and an honour to human +nature. You certainly cannot harbour an idea so derogatory to +reason and the nature of things, as that men, who, for eight years, +have fought and struggled, to obtain and secure to you freedom +and independence, should now be engaged in a design to subvert +your liberties and reduce you to a state of servitude. Reason revolts +at the thought, ... and none but the infamous incendiary, +or the unprincipled monster, would insinuate a thing so vile. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page027">[pg 027]</span><a name="Pg027" id="Pg027" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, VIII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 391) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, December 14, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Inhabitants of this State:</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In some former publications, I have confined myself chiefly to +pointing out the views of the opposers to the plan of federal +government; the reason why I did not enter particularly into the +merits of the new constitution is, that I conceived if it was candidly +read, and properly attended to, that alone would be sufficient +to recommend it to the acceptance of every rational and +thinking mind that was interested in the happiness of the United +States of America. Some babblers of the opposition junto have, +however, complained that nothing has been said, except in general +terms, in favour of the federal constitution; in consequence +of this, incompetent as I am to the undertaking, I have been induced +to lay the following remarks before the publick. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sect. first, of the new constitution, says, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“All legislative powers Herein Granted shall be vested in a +congress of the United States.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I beg the reader to pay particular attention to the words herein +granted, as perhaps there may be occasion for me to recur to +them more than once in the course of my observations. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The second section of the federal constitution says, that the +members of the house of representatives shall be chosen every +<span class="tei tei-pb" id="page028">[pg 028]</span><a name="Pg028" id="Pg028" class="tei tei-anchor"></a> +second year, and the electors shall have the qualifications requisite +for electors of the most numerous branch of the state legislature. +Some have made objections to the time for which the +representatives are to be chosen; but it is to be considered, that +the convention, in this particular, meant to accommodate the time +for which the representatives should stand elected, to the constitutions +of the different states. If it had been provided, that the +time should have been of shorter duration, would not a citizen of +Maryland or South-Carolina had reason to murmur? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The weakness the anti-federalists discover in insinuating that +the federal government will have it in their power to establish a +despotick government, must be obvious to every one; for the +time for which they are elected is so short, as almost to preclude +the possibility of their effecting plans for enslaving so vast an +empire as the United States of America, even if they were so +base as to hope for anything of the kind. The representatives of +the people would also be conscious, that their good conduct +alone, would be the only thing which could influence a free +people to continue to bestow on them their suffrages: the representatives +of the people would not, moreover, dare to act contrary +to the instructions of their constituents; and if any one can +suppose that they would, I would ask them, why such clamour is +made about a bill of rights, for securing the liberties of the subject? +for if the delegates dared to act contrary to their instructions, +would they be afraid to encroach upon a bill of rights? If +they determined among themselves to use their efforts to effect +the establishment of an aristocratical or despotick government, +would a bill of rights be any obstacle to their proceedings? If +they were guilty of a breach of trust in one instance, they would +be so in another. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The second section also says, no person shall be elected a representative +who shall not have been seven years an inhabitant +of the United States. This clause effectually confounds all the +assertions of the anti-federalists, respecting the representatives not +being sufficiently acquainted with the different local interests of +their constituents; for a representative, qualified as the constitution +directs, must be a greater numbskull than a Vox Populi or +<span class="tei tei-pb" id="page029">[pg 029]</span><a name="Pg029" id="Pg029" class="tei tei-anchor"></a> +an Agrippa,<a id="noteref_12" name="noteref_12" href="#note_12"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">12</span></span></a> not to have a knowledge of the different concerns +of the Confederation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The objection that the representation will not be sufficient, is +weak in the highest degree. It is supposed, that there are sufficient +inhabitants in the state of Massachusetts to warrant the +sending of six delegates, at least, to the new Congress—To suppose +that three gentlemen, of the first characters and abilities, +were inadequate to represent the concerns of this state in a just +manner, would be absurd in the highest degree, and contradictory +to reason and common sense. The weakness of the anti-federalists, +in regard to the point just mentioned, sufficiently +shews their delinquency with respect to rational argument. +They have done nothing more than barely to assert, that the representation +would not be sufficient: it is a true saying, that +assertions are often the very reverse of facts. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sect. third, of the new constitution, says, each state shall +choose two senators, &c. The liberalty of this clause is sufficient, +any reasonable person would suppose, to damp all opposition. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Can any thing be more consistent with the strictest principles +of republicanism? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Each state is here upon an equal footing; for the house of representatives +can of themselves do nothing without the concurrence +of the senate. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The third section further provides, that the senate shall choose +their own officers. This is so congenial with the constitution of +our own state, that I need not advance any argument to induce +the free citizens of Massachusetts to approbate it. And those +who oppose this part of the federal plan, act in direct opposition +to what the anti-federalists often profess, for the excellency of +our constitution has been their favourite theme. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The third section also provides, that the senate shall have the +sole power to try all impeachments. This clause seems to be +peculiarly obnoxious to anti-federal sycophants. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +They have declared it to be arbitrary and tyrannical in the +highest degree. But, fellow-citizens, your own good sense will +<span class="tei tei-pb" id="page030">[pg 030]</span><a name="Pg030" id="Pg030" class="tei tei-anchor"></a> +lead you to see the folly and weakness contained in such assertions. +You have experienced the tyranny of such a government; +that under which you now live is an exact model of it. In Massachusetts, +the house of representatives impeach, and the senate +try, the offender. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That part of the proposed form of government, which is to be +styled the senate, will not have it in their power to try any person, +without the consent of two-thirds of the members. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In this respect, therefore, the new constitution is not more +arbitrary than the constitution of this state. This clause does +not, therefore, savour in the least of any thing more arbitrary +than what has already been experienced: so that the horrours +the anti-federal junto pretend to anticipate on that head, must +sink into nothing. Besides, when the house of representatives +have impeached, and the senate tried any one, and found him +guilty of the offence for which he is impeached, they can only +disqualify him from holding any office of power and trust in the +United States: and after that he comes within the jurisdiction of +the law of the land. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +How such a proceeding can be called arbitrary, or thought +improper, I cannot conceive. I leave it to the gentlemen in opposition +to point out the tyranny of such conduct, and explain +the horrid tendency it will have, for the government of the +United States to determine whether any one or more of their own +body are worthy to continue in the station to which they were +elected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Another clause, which the anti-federal junto labour to prove +to be arbitrary and tyrannical, is contained in the fourth section, +which provides, that the time and place for electing senators and +representatives shall be appointed by the different state legislatures, +except Congress shall at any time make a law to alter such +regulation in regard to the place of choosing representatives. +The former part of this clause, gives not the least opportunity for +a display of anti-federal scandal, and the latter, only by misrepresentation, +and false construction, is by them made a handle of. +What is intended, by saying that Congress shall have power to +appoint the place for electing representatives, is, only to have a +<span class="tei tei-pb" id="page031">[pg 031]</span><a name="Pg031" id="Pg031" class="tei tei-anchor"></a> +check upon the legislature of any state, if they should happen to +be composed of villains and knaves, as is the case in a sister +state;<a id="noteref_13" name="noteref_13" href="#note_13"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">13</span></span></a> and should take upon themselves to appoint a place for +choosing delegates to send to Congress; which place might be +the most inconvenient in the whole state; and for that reason be +appointed by the legislature, in order to create a disgust in the +minds of the people against the federal government, if they themselves +should dislike it. The weakness of their arguments on +this head, must therefore be obvious to every attentive mind. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is one thing, however, which I might mention, as a +reason why the opposition junto dread the clause aforementioned—they +may suppose, that Congress, when the people are assembled +for the choice of their rulers, in the place they have appointed, +will send their terrible standing army (which I shall +speak of in its place) and, Cesar Borgia like, massacre the whole, +in order to render themselves absolute. This is so similar to +many of the apprehensions they have expressed, that I could not +pass it by unnoticed. Indeed the chief of their productions +abound with improbabilities and absurdities of the like kind; for +having nothing reasonable to alledge against a government +founded on the principles of staunch republicanism, and which, if +well supported, will establish the glory and happiness of our +country. They resort to things the most strange and fallacious, +in order to blind the eyes of the unsuspecting and misinformed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">To be continued.</span></span>) +</p> + +</div> + +<span class="tei tei-pb" id="page032">[pg 032]</span><a name="Pg032" id="Pg032" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, IX.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 392) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, December 18, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Inhabitants of this State.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">Continued from our last.</span></span>) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 5, of the new constitution, says, Each house shall be a +judge of the elections, returns and qualifications of its own members—a +majority shall constitute a quorum, and be authorized to +compel the attendance of absent members, in such manner and +under such penalties as the law may provide. Each house shall +determine the rules of its proceedings—punish its members for +disorderly behaviour—and with the consent of two-thirds, expel +a member. Each house shall keep a journal of its proceedings, +and from time to time publish the same, &c. No one, who professes +to be governed by reason, will dispute the propriety of any +assembly's being the judge of the qualifications requisite to constitute +a member of their own body. That part of the fifth section +which says a majority shall constitute a quorum, has been +an object against which many anti-federal shafts have been levelled. +It has been asserted by some, that this clause empowers +a majority of members present, to transact any business relating +to the affairs of the United States, and that eight or ten members +of the house of representatives, and an equal number of the senate, +might pass a law which would benefit themselves, and injure +the community at large. The fallacy of such assertions is sufficiently +<span class="tei tei-pb" id="page033">[pg 033]</span><a name="Pg033" id="Pg033" class="tei tei-anchor"></a> +conspicuous to render them ridiculous and contemptible +in the eyes of every unprejudiced mind—for the section further +expresses, That a smaller number than a quorum may adjourn +from day to day, and be authorised to compel attendance of absent +members. This is all the power that is vested in a smaller +number than the majority. It is therefore evident, that when it +says a majority shall constitute a quorum to do business, it means +a majority of the whole number of members that belong to either +house. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sect. 5, further provides, That each house shall keep a journal +of its proceedings, and from time to time publish the same, &c. +This clause is so openly marked with every feature of republicanism, +and expressed in such liberal and comprehensive terms, that +it needs no comment to render it acceptable to the enlightened +citizens of Massachusetts. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sect. 6, provides, That the senators and representatives shall +receive a compensation for their services, to be ascertained by +law—they shall, except in cases of treason, felony, or breach of +peace, be privileged from arrest during their session.—The necessity +of such regulations must appear plain to every one; the +inhabitants of Massachusetts, fully convinced of the justness of +such provision, made it in the constitution of this state. The 6th +section further says, No member shall be called to account for +sentiments delivered in either house, at any other place. In this +clause, the freedom of debate, so essential to the preservation of +liberty and the support of a republican form of government, is +amply provided for. Impeded by no obstacle whatever, the patriot +may here proclaim every sentiment that glows within his +breast. How far despotism can encroach upon such a government +I leave the antifederal junto to declare. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 6th section further provides, that no senator or representative +shall, during the time he is in office, be elected or appointed +to any office under the United States—nor shall any person, +holding any office under the government, be elected a member +of either house during his continuance in that station. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This clause at once confutes every assertion of the antifederalists +respecting the new congress being able to secure to themselves +<span class="tei tei-pb" id="page034">[pg 034]</span><a name="Pg034" id="Pg034" class="tei tei-anchor"></a> +all offices of power, profit and trust. This section is even +more rigidly republican than the constitution of this commonwealth; +for in the general assembly of Massachusetts, a civil officer +is not excluded a seat; whereas the new constitution expressly +asserts that no person in civil office under the United States shall +be eligible to a seat in either house. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sect. 7 provides that all bills for raising revenues shall originate +in the house of representatives. Here again must the anti-federalists +appear weak and contemptible in their assertions that the +senate will have it in their power to establish themselves a complete +aristocratick body; for this clause fully evinces that if their +inclinations were ever so great to effect such an establishment, it +would answer no end, for being unable to levy taxes, or collect a +revenue, is a sufficient check upon every attempt of such a nature. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 7th section further provides, That every bill which passes +the house of representatives and the senate, before it becomes a +law, shall be presented to the president of the United States; if he +objects to it the sense of both houses will be again taken on the +subject, and if two-thirds of the members are in favour of the bill, +it passes into a law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Much clamour has been made about the power of the president; +it has been asserted that his influence would be such as to +enable him to continue in office during life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Such insinuations are founded on a very slender basis. If the +president opposes the sense of both houses, without sufficient +reasons for his conduct, he will soon become obnoxious, and his +influence vanish like the fleeting smoke; and his objection to +anything which the house and senate may think calculated for +the promotion of the publick good, will be of no effect. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sect. 8 provides, That Congress shall have power to lay and +collect taxes, duties, imposts, excises, &c.—to pay debts, to provide +for the common defence and general welfare of the United +States—that all duties, imposts and excises shall be uniform +throughout the Union—they shall have power to coin money, +and to fix the value thereof, &c.—The impotency of the present +Congress sufficiently indicates the necessity of granting greater +powers to a federal head; and it is highly requisite such a head +<span class="tei tei-pb" id="page035">[pg 035]</span><a name="Pg035" id="Pg035" class="tei tei-anchor"></a> +should be enabled to establish a fund adequate to the exigencies +of the Union. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The propriety of all duties and imposts being uniform throughout +the states, cannot be disputed. It is also highly requisite +that Congress should be enabled to establish a coin which shall +circulate the same throughout all the states. The necessity of +such arrangements is certainly very obvious. For other particulars +contained in the 8th section, I must refer my readers to the +Constitution, and am confident they will find it replete with nothing +more than what is absolutely necessary should be vested in +the guardians of a free country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Can, then, those murmuring sycophants, who oppose the plan +of federal government, wish for anything more liberal than what +is contained in the aforementioned section? If the powers of a +federal head were to be established on as weak a frame as that on +which the present confederation is founded, what effect would +any constitution have in giving energy to measures designed to +promote the glory of the Union, and for establishing its honour +and credit? One great object of the federal Convention was, to +give more power to future Assemblies of the States. In this they +have done liberally, without partiallity to the interests of the +states individually; and their intentions were known before the +honourable body was dissolved. And now that a form of government, +every way adequate to the purposes of the Union, has been +proposed by them, in which proper powers are to be vested in +the supreme head, a hue and cry is raised by the sons of sedition +and dishonesty, as though an army of uncircumcised Philistines +were upon us! +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +They are bellowing about, that tyranny will inevitably follow +the adoption of the proposed constitution. It is, however, an old +saying, that the greatest rogue is apt to cry rogue first. This we +may rely upon, that if we follow perfidious counsels, as those +are, I dare affirm, of the anti-federalists, every evil which that +sapp brood anticipates, will befall us. Besides, foreign creditors +will not be cheated out of their property; nor will the creditors +of our own country be tame spectators of the sacrifice of their +interest at the shrine of villainy. +</p> + +<span class="tei tei-pb" id="page036">[pg 036]</span><a name="Pg036" id="Pg036" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 9th says, The writ of habeus corpus shall not be suspended, +unless in case of rebellion, or the invasion of the publick +safety may require it. It has been asserted by some, that a person +accused of a crime, would be obliged to ruin himself, in order +to prove his innocence; as he would be obliged to repair to the +seat of federal government, in order to have his cause tried before +a federal court, and be liable to pay all expenses which might be +incurred in the undertaking. But the section beforementioned +proves that assertion to be futile and false, as it expressly provides +for securing the right of the subjects, in regard to his being +tried in his own state. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 9th section further provides, that a regular statement and +account of the receipts and expenditures of all publick monies, +shall be published from time to time. Thus the people will have +it in their power to examine the appropriations made of the +revenues and taxes collected by Congress; and if they are not +satisfied in regard to the conduct of their rulers in this respect, +they will be able to effect a change agreeable to their wishes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The last section of this article provides, that no state shall enter +into any treaty, alliance, &c., coin money, emit bills of credit, +make any other but gold and silver coin a tender in payment of +debts—all laws respecting imposts, duties, and excises, shall be +subject to the revision and controul of Congress. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The absolute necessity of powers of this nature being vested in +a federal head is indisputable. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For want of such a power, what vile proceedings have of late +disgraced almost every legislative measure of Rhode Island! +For want of such a power, some honest creditors in Massachusetts +have been paid in old horses and enormous rocks, in return +for money loaned upon interest. With respect to the controul of +Congress over laws of the afore-mentioned description, it is +highly requisite that it should take place: nor have the people +any thing to fear from such a proceeding; for their controul +cannot be extended farther than the powers granted in the new +constitution; the words of which are, <span class="tei tei-q">“all powers Herein +Granted.”</span> If any act originates contrary to this, it will be of no +effect, and a mere nullity. +</p> + +<span class="tei tei-pb" id="page037">[pg 037]</span><a name="Pg037" id="Pg037" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section one, of article second, provides that the executive +power shall be vested in a president of the United States. The +necessity of such a provision must appear reasonable to any one; +and further remarks, therefore, on this head will be needless. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the same section it is provided, (among other things which +to argue upon would be unnecessary, as they are founded on the +firmest principles of republicanism) that Congress shall determine +the time for choosing electors, and the day of election shall be the +same throughout the Union. Can anything more strongly mark +a liberal and free government than this clause? No one state will +in the least be influenced in their choice by that of another; and +Congress cannot have the least controul in regard to the appointment +of any particular men for electors. This, among other +things, proves that all requisite power will still remain in the +hands of the people, and any insinuation to the contrary, must be +a mere chicane to blind the judgments of the misinformed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">To be continued.</span></span>) +</p> + +</div> + +<span class="tei tei-pb" id="page038">[pg 038]</span><a name="Pg038" id="Pg038" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, X.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 393) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, December 21, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Inhabitants of this State.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">Continued from our last.</span></span>) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section I, of article II. further provides, That the president +shall, previous to his entering upon the duties of his office, take +the following oath or affirmation: I do solemnly swear (or affirm) +that I will faithfully execute the office of president of the +United States, and will, to the best of my ability, preserve, protect, +and defend the constitution of the United States. Thus we +see that instead of the president's being vested with all the powers +of a monarch, as has been asserted, that he is under the immediate +controul of the constitution, which if he should presume to +deviate from, he would be immediately arrested in his career and +summoned to answer for his conduct before a federal court, where +strict justice and equity would undoubtedly preside. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 3, of article II. provides, That the president of the United +States shall, from time to time, give Congress information of +the state of the union, and recommend to their consideration such +measures as he shall judge necessary and expedient—he may, on +extraordinary occasions, convene both houses or either of them, +and adjourn them to such time as he may think proper—he shall +take care that the laws be faithfully executed, and shall commission +all officers of the United States. +</p> + +<span class="tei tei-pb" id="page039">[pg 039]</span><a name="Pg039" id="Pg039" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Very little more power is granted to the president of the United +States, by the above section, than what is vested in the governours +of the different states. The propriety of vesting such powers +in a supreme executive cannot be doubted. What would it signify +to appoint an executive officer, and immediately after to +make laws which would be a barrier to the execution of his commission? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It would answer the same end that the nominal power which +is vested in the different states answers, that is, it would answer +the end of paying for the support of a shaddow, without reaping +the benefit of the substance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is certainly requisite that proper powers should be vested in +an executive (and certainly no more than necessary powers are +vested in the executive of the United States by the new constitution) +or else the establishment of such a branch is needless. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 4, of article II. says, The president, vice-president, and +all civil officers of the United States, shall be removed from office +on impeachment for, and conviction of treason, bribery, or other +high crimes and misdemeanors.—Thus we see that no office, however +exalted, can protect the miscreant, who dares invade the liberties +of his country, or countenance in his crimes the impious villain +who sacrilegiously attempts to trample upon the rights of freemen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Who will be absurd enough to affirm, that the section alluded +to, does not sufficiently prove that the federal convention have +formed a government which provides that we shall be ruled by +laws and not by men? None, surely, but an anti-federalist—and +from them falsehood receives constant homage; for it is on the +basis of falsehood and the summit of ignorance, that all opposition +to the federal government is founded. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1, of article III. provides, That the judicial power of +the United States shall be vested in one supreme court, and in +such inferiour courts as Congress may from time to time appoint.—It +has been asserted, that a federal court would be an engine of +partiality in the government, a source of oppression and injustice +to the poorer part of the community; but how far consistency influenced +the conduct of the authors of such assertions, the publick +must determine. The anti-federalists have said, that if a +<span class="tei tei-pb" id="page040">[pg 040]</span><a name="Pg040" id="Pg040" class="tei tei-anchor"></a> +cause should come before one of state judicial courts, and judgment +be given against the person who possessed most interest, +that he would immediately appeal to the federal court, whose residence +would be at the seat of government, and consequently at +so great a distance that an inhabitant of the state of Georgia or +New-Hampshire, if he was in low circumstances, would not be +able to carry his cause before the federal court, and would, therefore, +be obliged to give it up to his wealthier antagonist. The +glaring improbability with which such insinuations abound, must +be obvious to every one. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Can it be supposed, that any person would be so inconsistent, +after a cause was given against him, in a court where judges presided +whose characters, as honest and just men, were unrivalled, +as to attempt to have the cause re-heard before the federal court? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Indeed if such a thing was to take place, the man in low circumstances +would have nothing to fear, as the payment of all charges +would fall upon the person who lost the cause, and there is not the +shadow of a doubt, with respect to the person's losing the cause, +who had lost it before in a court of justice in either of the states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In regard to the equal administration of justice in all the states, +a rattle brained anti-federalist, in the last Mass. Gazette, under +the signature of Agrippa,<a id="noteref_14" name="noteref_14" href="#note_14"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">14</span></span></a> +has asserted, that the inequality of the +administration of justice throughout the states, was a favourite +argument in support of the new constitution—an assertion founded +on as impudent and barefaced a falsehood as ever was uttered, +for the very reverse is the case. The equality of the administration +of justice in the different states, has ever been dwelt upon as +recommendatory of the new plan of government. I am induced +to think that Agrippa is non compos, and this might proceed +from his close application to study, while the library of a celebrated +university was under his care<a id="noteref_15" name="noteref_15" href="#note_15"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">15</span></span></a>—he +seems to be one of +those whom Pope describes when he says, +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Some are bewilder'd in the maze of schools,</span><span style="font-size: 90%">”</span></span><span style="font-size: 90%"> &c. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I hope my readers will forgive this digression, when they consider +<span class="tei tei-pb" id="page041">[pg 041]</span><a name="Pg041" id="Pg041" class="tei tei-anchor"></a> +that such scandalous lies, absurdities, and misrepresentations +as the productions of Agrippa, that political Quixote, +abound with, may have a tendency to prejudice the minds of +the misinformed against the new constitution, unless they are +properly noticed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2, of Article III. provides, among other things, that +the trial of all crimes, except in cases of impeachment, shall be +by jury; and such trial shall be held in the state where the crime +shall have been committed; but when not committed within any +state, the trial shall be at such place or places, as Congress may +by law have directed. It has been frequently asserted that the new +constitution deprived the subject of the right of trial by jury; on +what grounds such an assertion could be founded, is to me a +mystery; for the constitution expressly says, that the trial shall +be by jury, except in cases of impeachment. In our own state, if a +civil officer is impeached he will not be tried by a jury, but by +that branch of our legislature styled the senate. Tired, no doubt, +with a repetition of arguments, upon parts of the constitution +which did not appear quite plain till investigated and rightly +construed, the anti-federalists have taken upon them to assert +things which the proposed system does not afford them the least +grounds for. Presumptuous, indeed, must they be in the highest +degree, if they suppose any will be so blind as to listen to the +most palpable falsehoods, uttered by them. Their conduct seems +to evince, that they harbour sentiments similar to those of the +Romish priests, in countries where the common people have +scarcely any knowledge of things wherein their interests are insuperably +connected, and imbibe their principles wholly from +what the priests think proper to inform them. But such artifices +will not avail to practice upon the inhabitants of America; for +here, almost all have some knowledge of government, derived +from their own study and experience; and very few are so stupidly +ignorant as to believe all that is circulated by minions and +miscreants. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 3, of article III. provides, that Congress shall have +power to declare the punishment of treason, but no attainder of +treason shall work corruption of blood, or forfeiture, except +<span class="tei tei-pb" id="page042">[pg 042]</span><a name="Pg042" id="Pg042" class="tei tei-anchor"></a> +during the life of the person attainted.—This section is truly republican +in every sense of the expression, and is of itself fully +adequate to proving that the members of the federal convention +were actuated by principles the most liberal and free—this single +section alone is sufficient to enroll their proceedings on the records +of immortal fame. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Contrast this section with the laws of England, in regard to +treason, and, notwithstanding the boasted rights of the subject in +that isle, we shall find our own in this, as well as almost every +other particular, far to exceed them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1, of article IV. says, full faith and credit shall be given +in each state, to the publick acts, records and judicial proceedings +of every other state. The benefit to be derived from such a +regulation must be great, especially to those who are sometimes +obliged to have recourse to law, for the settlement of their affairs. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2, of article IV. provides, that the citizens of each state +shall be intitled to all the privileges and immunities of citizens in +the several states. This section must also be a source of much +advantage to the inhabitants of the different states, who may have +business to transact in various parts of the continent, as being +equally intitled to the rights of citizenship in one as well as another. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +They will find less difficulty in pursuing their various concerns +than if it were otherwise. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the same article, section 3, it is provided, That new states +may be admitted into the Union; but no new state shall be +formed or erected within the jurisdiction of any other state, nor +any states be formed by the sanction of two or more states, or +parts of states, without the consent of the legislatures of the states +concerned, as well as of Congress. This section can be opposed +by none who have the peace and happiness of the states at heart; +for, by this section, the designs of those who wish to effect the +disunion of the states, in order to get themselves established in +posts of honour and profit, are entirely defeated. The majority +of the citizens of Massachusetts, in particular, will see the good +effects to be derived from such a regulation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">To be Continued.</span></span>) +</p> + +</div> + +<span class="tei tei-pb" id="page043">[pg 043]</span><a name="Pg043" id="Pg043" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cassius, XI.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 394) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, December 25, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Inhabitants of this State.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">Concluded from our last.</span></span>) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 3d section, in article IV. also provides, that Congress shall +have power to dispose of and make all needful rules and regulations +respecting the territory or other property of the United +States; and nothing in this constitution shall be construed as a +prejudice to the claims of the United States, or any particular +state. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is not, certainly, anything contained in the aforementioned +clause, which can be opposed on reasonable grounds. It +is certainly necessary that Congress should have power to make +all needful rules and regulations respecting the concerns of the +Union; and if they exceed what is necessary, their regulations +will be of no effect; for whatever is done by them, which the +constitution does not warrant, is null and void, and can be no +more binding on the inhabitants of America, than the edicts of +the grand signior of Turkey. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You will remember, my countrymen, that the words of the +constitution are, <span class="tei tei-q">“All Powers Herein Granted.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 4, of article IV. says, The United States shall guarantee +to every state in the Union a Republican Form of Government; +<span class="tei tei-pb" id="page044">[pg 044]</span><a name="Pg044" id="Pg044" class="tei tei-anchor"></a> +and shall protect each of them against invasion; and on +application of the legislature, or of the executive (when the legislature +cannot be convened) against domestic violence.—At the +perusal of this clause, anti-federalism must blush, and opposition +hide its head. Could anything have more openly, or more +plainly evinced to the world, the noble motives which influenced +the conduct of the delegates of America, than the clause aforementioned? +it provides, that a republican form of government +shall be guaranteed to each state in the Union. The inhabitants +of America are surely acquainted with the principles of republicanism, +and will certainly demand the establishment of them, +in their fullest extent. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The section just mentioned, secures to us the full enjoyment +of every thing which freemen hold dear, and provides for protecting +us against every thing which they can dread. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This article, my countrymen, is sufficient to convince you of +the excellency of that constitution which the federal convention +have formed; a constitution founded on the broad basis of liberty, +and, should the citizens of America happily concur in adopting +it, its pillars may be as fixed as the foundations of created nature. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Say, ye mighty cavillers, ye inconsistent opposers of the new +plan of government, of what avail, to the thinking part of the +community, do you suppose will be all your clamours about a +bill of rights? Does not the abovementioned section provide for +the establishment of a free government in all the states? and if +that freedom is encroached upon, will not the constitution be violated? +It certainly will; and its violators be hurled from the +seat of power, and arraigned before a tribunal where impartial +justice will no doubt preside, to answer for their high-handed +crime. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Article V. of the new constitution, says, That Congress, whenever +two-thirds of both houses shall deem it necessary, shall propose +amendments to this constitution; or on the application of +the legislatures of two-thirds of the states, shall call a convention +for proposing amendments, which in either case shall be valid to +all intents and purposes, as part of the constitution, when ratified +by the legislatures of three-fourths of the states, or by conventions +<span class="tei tei-pb" id="page045">[pg 045]</span><a name="Pg045" id="Pg045" class="tei tei-anchor"></a> +in three-fourths thereof; as one or the other modes of ratification +may be proposed by Congress; provided that no amendments +which may be made prior to the year one thousand eight +hundred and eight, shall in any manner affect the first and fourth +clauses in the ninth section of the first article, and that no state, +without its consent, shall be deprived of its equal suffrage in the +senate.— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +On what grounds can the opposers to the new plan found their +assertions that Congress will have it in their power to make what +laws they please, and what alterations they think proper in the +constitution, after the people have adopted it? The constitution +expressly says, that any alterations in the constitution must be +ratified by three-fourths of the states. The 5th article also provides, +that the states may propose any alterations which they see +fit, and that Congress shall take measures for having them carried +into effect. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If this article does not clearly demonstrate that all power is in +the hands of the people, then the language by which we convey +our ideas, is shockingly inadequate to its intended purposes, and +as little to be understood by us, as Hebrew to the most illiterate. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 6th section provides, that this constitution, and the laws +which shall be made in pursuance thereof, and all treaties made, +or which shall be made, in pursuance thereof, under the authority +of the United States, shall be the supreme law of the land, and the +judges in every state shall be bound thereby, anything in the +constitution or laws of any state to the contrary notwithstanding. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is the article, my countrymen, which knaves and blockheads +have so often dressed up in false colours, and requested +your attention to the construction of it. Adopt not a constitution, +say they, which stipulates that the laws of Congress shall +be the supreme law of the land—or, in other words, they request +of you not to obey laws of your own making. This is the article +which they say is so arbitrary and tyrannical, that unless you +have a bill of rights to secure you, you are ruined forever. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But in the name of common sense I would ask, of what use +would be a bill of rights, in the present case?... It can only be +to resort to when it is supposed that Congress have infringed the +<span class="tei tei-pb" id="page046">[pg 046]</span><a name="Pg046" id="Pg046" class="tei tei-anchor"></a> +unalienable rights of the people: but would it not be much easier +to resort to the federal constitution, to see if therein power is +given to Congress to make the law in question? If such power +is not given, the law is in fact a nullity, and the people will not +be bound thereby. For let it be remembered, that such laws, +and such only, as are founded on this constitution, are to be the +supreme law of the land;—and it would be absurd indeed, if the +laws which are granted in the constitution, were not to be, without +reserve, the supreme law of the land. To give Congress +power to make laws for the Union, and then to say they should +not have force throughout the Union, would be glaringly inconsistent:—Such +an inconsistency, however, has hitherto been the +evil which the whole continent have complained of, and which +the new constitution is designed to remedy.—Let us reverse the +proposition, and see how it will then stand.—This constitution, +and the laws of the United States which shall be made in pursuance +thereof, and all treaties made, or which shall be made under +their authority, shall not be the supreme law of the land—and +the judges in the several states shall not be bound thereby.—This +is exactly what the anti-federalists wish to be the case; this, +and in this alone would they glory.—But, fellow citizens, you +will discern the excellency of the aforementioned clause; you +will perceive that it is calculated, wisely calculated, to support +the dignity of this mighty empire, to restore publick and private +credit, and national confidence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Article IV. further provides, That the senators and representatives +before mentioned, and the members of the several state legislatures +and all executive and judicial officers, both of the United +States and of the several states, shall be bound, by oath or affirmation, +to support this constitution; but no religious test shall ever +be required as a qualification to any office or publick trust under +the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus, my fellow-citizens, we see that our rulers are to be +bound by the most sacred ties, to support our rights and liberties, +to secure to us the full enjoyment of every privilege which we +can wish for; they are bound by the constitution to guarantee to +us a republican form of government in its fullest extent; and +what is there more that we can wish for? +</p> + +<span class="tei tei-pb" id="page047">[pg 047]</span><a name="Pg047" id="Pg047" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus the people of the United States, <span class="tei tei-q">“in order to form a more +perfect Union, establish justice, insure domestick tranquillity, +provide for the common defence, promote the general welfare, +and secure the blessings of liberty to ourselves and our posterity,”</span> +have appointed a federal convention to <span class="tei tei-q">“ordain and establish,”</span> +with the concurrence of the people, a constitution for the United +States of America. That federal convention have assembled together, +and after a full investigation of the different concerns of +the Union, have proposed a form of government, calculated to +support, and transmit, inviolate, to the latest posterity, all the +blessings of civil and religious liberty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Citizens of Massachusetts! consider, O consider well, these important +matters, and weigh them deliberately in the scale of reason! +Consider at what a vast expense of toil, difficulty, treasure +and blood, you have emancipated yourselves from the yoke of +bondage, and established yourselves an independent people! +Consider that those immortal characters, who first planned the +event of the revolution, and with arms in their hands stepped +forth in the glorious cause of human nature, have now devised a +plan for supporting your freedom, and increasing your strength, +your power and happiness. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Will you then, O my countrymen! listen to the mad dictates +of men, who are aiming, by every artifice and falsehood, which +the emissaries of hell can invent, to effect your total destruction +and overthrow? who wish to ascend the chariot of anarchy, and +ride triumphant over your smoking ruins, which they hope to +effect, by their more than hellish arts: in your misery they hope +to glory, and establish their own greatness <span class="tei tei-q">“on their country's +ruin.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If they can effect this, they will laugh at your calamity, and +mock your misfortunes—the language of each brother in iniquity, +when they meet, will be, <span class="tei tei-q">“hail damn'd associates,”</span> see our high +success! +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Think, O my countrymen! think, before it is too late!—The +important moment approaches, when these states must, by the +most wise of all conduct, forever establish their glory and happiness, +on the firmest basis, by adopting the constitution, or by the +<span class="tei tei-pb" id="page048">[pg 048]</span><a name="Pg048" id="Pg048" class="tei tei-anchor"></a> +most foolish and inconsistent of all conduct, in rejecting it, entail +on themselves and on their posterity, endless infamy. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-lg" style="margin-bottom: 0.90em; margin-top: 0.90em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">“</span><span style="font-size: 90%">There is a tide in the affairs of men,</span></span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">Which taken at the flood, leads on to fortune;</span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">Omitted, all the voyage of their life</span></div> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">Is bound in shallowness.</span><span style="font-size: 90%">”</span></span><span style="font-size: 90%">——</span></div> +</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If you embrace not the golden moment now before you, and +refuse to receive that which only can establish the dignity of your +towering Eagle, this and generations yet unborn, will curse, with +an anathema, your dying fame, and breathe, with imprecations +and just indignation, vengeance and insults on your sleeping +ashes! But should you, on the contrary, with energy and vigour, +push your fortune, and, with earnestness and gratitude, clasp +to your arms this great blessing which Heaven has pointed to +your view, posterity, made happy by your wisdom and exertions, +will honour and revere your memories. Secure in their prosperity, +they will weep for joy, that Heaven had given them—Fathers! +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cassius.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page049">[pg 049]</span><a name="Pg049" id="Pg049" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc5" id="toc5"></a> +<a name="pdf6" id="pdf6"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of Agrippa, Accredited To James Winthrop.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In The Massachusetts Gazette,<br /> +November, 1787-January, 1788. +</p> + +<span class="tei tei-pb" id="page051">[pg 051]</span><a name="Pg051" id="Pg051" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The letters of Agrippa were the ablest anti-federal publications +printed in Massachusetts, and showed especial ability in arguing +the dangers and defects of a plan of government which was both +so peculiarly needed, and so specially advantageous to the State +of Massachusetts, that its adoption was only endangered by certain +questions of local politics, which could not even enter into +the discussion. They were noticed, or replied to, in the Massachusetts +Gazette, Dec. 21, 1787, by <span class="tei tei-q">“Charles James Fox;”</span> Dec. +28, 1787, and Jan. 4, 1788, by <span class="tei tei-q">“Kempis O'Flanagan,”</span> Jan. 22, +and 25, 1788, by <span class="tei tei-q">“Junius,”</span> and in the letters of Cassius, printed +in this volume. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +At the time of publication they were accredited to the pen of +James Winthrop, of Cambridge, and he was repeatedly attacked +as the author, without denying it; while his supposed authorship +and general opposition to the Constitution contributed to +defeat his election by Cambridge to the Massachusetts Convention +for considering the proposed government, receiving only one +vote in the whole town. On the contrary, the writer, in his +tenth letter, states that the surmises as to the authorship are not +correct, and in the Massachusetts Gazette of Dec. 21, 1787, the +following appeared: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +I feel myself </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">greatly hurt</span></em><span style="font-size: 90%"> at the liberties lately taken by certain +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">scribblers</span></em><span style="font-size: 90%"> with the characters of the </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">hon.</span></span><span style="font-size: 90%"> E. Gerry +and James Winthrop, </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">esquire</span></span><span style="font-size: 90%">, of Cambridge, two gentlemen, no +less distinguished for their </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">honesty</span></em><span style="font-size: 90%">, </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">patriotism</span></em><span style="font-size: 90%">, and +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">extensive abilities</span></em><span style="font-size: 90%">, than +a Washington or a Franklin. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +... In regard to J. Winthrop, </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">esquire</span></span><span style="font-size: 90%">, (of said Cambridge) +it has been insinuated, that that gentleman is the author of the +pieces in the Massachusetts Gazette, signed Agrippa—but every +one who can </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">boast the pleasure of his acquaintance</span></em><span style="font-size: 90%">, must +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">know that insinuation</span></em><span style="font-size: 90%"> is grounded on </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">falsehood</span></span><span style="font-size: 90%">. +</span></p> + +<span class="tei tei-pb" id="page052">[pg 052]</span><a name="Pg052" id="Pg052" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The heterogenous compound of nonsense and absurdity with +which the compositions of </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Agrippa</span></span><span style="font-size: 90%"> are so replete, are certainly +not the productions of a man so celebrated for his superior knowledge +and </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">understanding</span></em><span style="font-size: 90%">. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +In short, Mr. Printer, I hope you and your brother typographers +will be very careful how you are </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">guilty</span></em><span style="font-size: 90%"> of </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">exposing</span></em><span style="font-size: 90%"> such +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">exalted characters</span></em><span style="font-size: 90%"> in future. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-variant: small-caps">Ocrico.</span></span> +</p> +</div> + +</div> + +<span class="tei tei-pb" id="page053">[pg 053]</span><a name="Pg053" id="Pg053" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 385) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, November 23, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Many inconveniences and difficulties in the new plan of government +have been mentioned by different writers on that subject. +Mr. Gerry has given the publick his objections against it, with a +manly freedom.<a id="noteref_16" name="noteref_16" href="#note_16"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">16</span></span></a> The seceding members from the Pennsylvania +Assembly also published theirs.<a id="noteref_17" name="noteref_17" href="#note_17"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">17</span></span></a> Various anonymous writers +have mentioned reasons of great weight. Among the many objections +have been stated the unlimited right of taxation—a standing +army—an inadequate representation of the people—a right to destroy +the constitution of the separate states, and all the barriers +that have been set up in defence of liberty—the right to try +causes between private persons in many cases without a jury; +without trying in the vicinity of either party; and without any +limitation of the value which is to be tried. To none of these or +any other objections has any answer been given, but such as have +acknowledged the truth of the objection while they insulted the +objector. This conduct has much the appearance of trying to +force a general sentiment upon the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The idea of promoting the happiness of the people by opposing +<span class="tei tei-pb" id="page054">[pg 054]</span><a name="Pg054" id="Pg054" class="tei tei-anchor"></a> +all their habits of business, and by subverting the laws to which +they are habituated, appears to me to be at least a mistaken proceeding. +If to this we add the limitations of trade, restraints on +its freedom, and the alteration of its course, and <em class="tei tei-emph"><span style="font-style: italic">transfer of the +market</span></em>, all under the pretence of regulation for <em class="tei tei-emph"><span style="font-style: italic">federal purposes</span></em>, +we shall not find any additional reason to be pleased with the +plan. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is now conceded on all sides that the laws relating to civil +causes were never better executed than at present. It is confessed +by a warm federalist in answer to Mr. Gerry's sensible +letter, that the courts are so arranged at present that no inconvenience +is found, and that if the new plan takes place great difficulties +may arise. With this confession before him, can any +reasonable man doubt whether he shall exchange a system, found +by experience to be convenient, for one that is in many respects +inconvenient and dangerous? The expense of the new plan is +terrifying, if there was no other objection. But they are multiplied. +Let us consider that of the representation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is to be one representative for every thirty thousand +people. Boston would nearly send one, but with regard to another +there is hardly a county in the state which would have +one. The representatives are to be chosen for two years. In +this space, when it is considered that their residence is from two +hundred to five hundred miles from their constituents, it is difficult +to suppose that they will retain any great affection for the +welfare of the people. They will have an army to support them, +and may bid defiance to the clamours of their subjects. Should +the people cry aloud the representative may avail himself of the +right to alter the <em class="tei tei-emph"><span style="font-style: italic">time of election</span></em> and postpone it for another +year. In truth, the question before the people is, <em class="tei tei-emph"><span style="font-style: italic">whether they +will have a limited government or an absolute one</span></em>! +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a fact justified by the experience of all mankind from the +earliest antiquity down to the present time, that freedom is necessary +to industry. We accordingly find that in absolute governments, +the people, be the climate what it may, are general [sic] +lazy, cowardly, turbulent, and vicious to an extreme. On the +other hand, in free countries are found in general, activity, industry, +arts, courage, generosity, and all the manly virtues. +</p> + +<span class="tei tei-pb" id="page055">[pg 055]</span><a name="Pg055" id="Pg055" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Can there be any doubt which to choose? He that Hesitates +must be base indeed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A favourite objection against a free government is drawn from +the irregularities of the Greek and Roman republicks. But it is +to be considered that war was the employment which they considered +as most becoming freemen. Agriculture, arts, and most +domestick employment were committed chiefly to slaves. But +Carthage, the great commercial republick of antiquity, though +resembling Rome in the form of its government, and her rival for +power, retained her freedom longer than Rome, and was never +disturbed by sedition during the long period of her duration. +This is a striking proof that the fault of the Greek and Roman +republicks was not owing to the form of their government, and +that the spirit of commerce is the great bond of union among +citizens. This furnishes employment for their activity, supplies +their mutual wants, defends the rights of property, and producing +reciprocal dependencies, renders the whole system harmonious +and energetick. Our great object therefore ought to be to encourage +this spirit. If we examine the present state of the world +we shall find that most of the business is done in the freest states, +and that industry decreases in proportion to the rigour of government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page056">[pg 056]</span><a name="Pg056" id="Pg056" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 386) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, November 27, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People of Massachusetts.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the Gazette of the 23d instant, I ascertained from the state +of other countries and the experience of mankind, that free +countries are most friendly to commerce and to the rights of +property. This produces greater internal tranquility. For every +man, finding sufficient employment for his active powers in the +way of trade, agriculture and manufactures, feels no disposition +to quarrel with his neighbour, nor with the government which +protects him, and of which he is a constituent part. Of the truth +of these positions we have abundant evidence in the history of +our own country. Soon after the settlement of Massachusetts, +and its formation into a commonwealth, in the earlier part of the +last century, there was a sedition at Hingham and Weymouth. +The governour passing by at that time with his guard, seized +some of the mutineers and imprisoned them. This was complained +of as a violation of their rights, and the governour lost +his election the next year; but the year afterwards was restored +and continued to be re-elected for several years. The government +does not appear to have been disturbed again till the revocation +of the charter in 1686, being a period of about half a +century. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Connecticut set out originally on the same principles, and has +<span class="tei tei-pb" id="page057">[pg 057]</span><a name="Pg057" id="Pg057" class="tei tei-anchor"></a> +continued uniformly to exercise the powers of government to this +time. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +During the last year,<a id="noteref_18" name="noteref_18" href="#note_18"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">18</span></span></a> +we had decisive evidences of the vigour +of this kind of government. In Connecticut, the treason was restrained +while it existed only in the form of conspiracy. In Vermont, +the conspirators assembled in arms, but were suppressed +by the exertions of the militia, under the direction of their sheriffs. +In New-Hampshire, the attack was made on the legislature, but +the insurrection was in a very few hours suppressed, and has +never been renewed. In Massachusetts, the danger was by delay +suffered to increase. One judicial court after another was stopped, +and even the capital trembled. Still, however, when the supreme +executive gave the signal, a force of many thousands of active, +resolute men, took the field, during the severities of winter, and +every difficulty vanished before them. Since that time we have +been continually coalescing. The people have applied with diligence +to their several occupations, and the whole country wears +one face of improvement. Agriculture has been improved, manufactures +multiplied, and trade prodigiously enlarged. These are +the advantages of freedom in a growing country. While our +resources have been thus rapidly increasing, the courts have set +in every part of the commonwealth, without any guard to defend +them; have tried causes of every kind, whether civil or criminal, +and the sheriffs, have in no case been interrupted in the execution +of their office. In those cases indeed, where the government was +more particularly interested, mercy has been extended; but in +civil causes, and in the case of moral offences, the law has been +punctually executed. Damage done to individuals, during the +tumults, has been repaired, by judgment of the courts of law, and +the award has been carried into effect. This is the present state +of affairs, when we are asked to relinquish that freedom which +produces such happy effects. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The attempt has been made to deprive us of such a beneficial +system, and to substitute a rigid one in its stead, by criminally +alarming our fears, exalting certain characters on one side, and +vilifying them on the other. I wish to say nothing of the merits +<span class="tei tei-pb" id="page058">[pg 058]</span><a name="Pg058" id="Pg058" class="tei tei-anchor"></a> +or demerits of individuals; such arguments always do hurt. But +assuredly my countrymen cannot fail to consider and determine +who are the most worthy of confidence in a business of this magnitude. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whether they will trust persons, who have from their cradles +been incapable of comprehending any other principles of government, +than those of absolute power, and who have, in this very +affair, tried to deprive them of their constitutional liberty, by a +pitiful trick. They cannot avoid prefering those who have uniformly +exerted themselves to establish a limited government, and +to secure to individuals all the liberty that is consistent with justice, +between man and man, and whose efforts, by the smiles of +Providence, have hitherto been crowned with the most splendid +success. After the treatment we have received, we have a right to +be jealous, and to guard our present constitution with the strictest +care. It is the right of the people to judge, and they will do +wisely to give an explicit instruction to their delegates in the proposed +convention, not to agree to any proposition that will in +any degree militate with that happy system of government under +which Heaven has placed them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">November 24, 1787.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page059">[pg 059]</span><a name="Pg059" id="Pg059" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, III.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 387) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, November 30, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been proved from the clearest evidence, in two former +papers, that a free government, I mean one in which the power +frequently returns to the body of the people, is in principle the +most stable and efficient of any kind; that such a government +affords the most ready and effectual remedy for all injuries done +to persons and the rights of property. It is true we have had a +tender act.<a id="noteref_19" name="noteref_19" href="#note_19"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">19</span></span></a> +But what government has not some law in favour +of debtors? The difficulty consists in finding one that is not more +unfriendly to the creditors than ours. I am far from justifying +such things. On the contrary, I believe that it is universally +true, that acts made to favour a part of the community are wrong +in principle. All that is now intended is, to remark that we are +not worse than other people in that respect which we most condemn. +Probably the inquiry will be made, whence the complaints +arise. This is easily answered. Let any man look round +his own neighbourhood, and see if the people are not, with a very +few exceptions, peaceable and attached to the government; if the +country had ever within their knowledge more appearance of industry, +improvement and tranquillity; if there was ever more of +<span class="tei tei-pb" id="page060">[pg 060]</span><a name="Pg060" id="Pg060" class="tei tei-anchor"></a> +the produce of all kinds together for the market; if their stock +does not rapidly increase; if there was ever a more ready vent +for their surplus; and if the average of prices is not about as high +as was usual in a plentiful year before the war. These circumstances +all denote a general prosperity. Some classes of citizens +indeed suffer greatly. Two descriptions I at present recollect. +The publick creditors form the first of these classes, and they +ought to, and will be provided for. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us for a moment consider their situation and prospects. +The embarrassments consequent upon a war, and the usual reduction +of prices immediately after a war, necessarily occasioned +a want of punctuality in publick payments. Still, however, the +publick debt has been very considerably reduced, not by the dirty +and delusive scheme of depreciation, but the nominal sum. Applications +are continually making for purchases in our eastern +and western lands. Great exertions are making for clearing off +the arrears of outstanding taxes, so that the certificates<a id="noteref_20" name="noteref_20" href="#note_20"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">20</span></span></a> for interest +on the state debt have considerably increased in value. +This is a certain indication of returning credit. Congress this +year disposed of a large tract of their lands towards paying the +principal of their debt.<a id="noteref_21" name="noteref_21" href="#note_21"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">21</span></span></a> Pennsylvania has discharged the whole +of their part of the continental debt. New York has nearly +cleared its state debt, and has located a large part of their new +lands towards paying the continental demands.<a id="noteref_22" name="noteref_22" href="#note_22"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">22</span></span></a> Other states +have made considerable payments. Every day from these considerations +the publick ability and inclination to satisfy their +creditors increases. The exertions of last winter were as much +to support public as private credit. The prospect therefore of +the publick creditors is brightening under the present system. If +the new system should take effect without amendments, which +however is hardly probable, the increase of expense will be death +<span class="tei tei-pb" id="page061">[pg 061]</span><a name="Pg061" id="Pg061" class="tei tei-anchor"></a> +to the hopes of all creditors, both of the continental and of the +state. With respect, however, to our publick delays of payment +we have the precedent of the best established countries in +Europe. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The other class of citizens to which I alluded was the ship-carpenters. +All agree that their business is dull; but as nobody +objects against a system of commercial regulations for the whole +continent, that business may be relieved without subverting all +the ancient foundations and laws which have the respect of the +people. It is a very serious question whether giving to Congress +the unlimited right to regulate trade would not injure them still +further. It is evidently for the interest of the state to encourage +our own trade as much as possible. But in a very large empire, +as the whole states consolidated must be, there will always be a +desire of the government to increase the trade of the capital, and +to weaken the extremes. We should in that case be one of the +extremes, and should feel all the impoverishment incident to that +situation. Besides, a jealousy of our enterprising spirit, would +always be an inducement to cramp our exertions. We must then +be impoverished or we must rebel. The alternative is dreadful. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +At present this state is one of the most respectable and one of +the most influential in the union. If we alone should object to +receiving the system without amendments, there is no doubt but +it would be amended. But the case is not quite so bad. New York +appears to have no disposition even to call a convention. +If they should neglect, are we to lend our assistance to compel +them by arms, and thus to kindle a civil war without any provocation +on their part? Virginia has put off their convention till +May, and appears to have no disposition to receive the new plan +without amendments. Pennsylvania does not seem to be disposed +to receive it as it is. The same objections are made in all +the states, that the civil government which they have adopted +and which secures their rights will be subverted. All the defenders +of this system undertake to prove that the rights of the +states and of the citizens are kept safe. The opposers of it agree +that they will receive the least burdensome system which shall +defend those rights. +</p> + +<span class="tei tei-pb" id="page062">[pg 062]</span><a name="Pg062" id="Pg062" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Both parties therefore found their arguments on the idea that +these rights ought to be held sacred. With this disposition is it +not in every man's mind better to recommit it to a new convention, +or to Congress, which is a regular convention for the +purpose, and to instruct our delegates to confine the system to +the general purposes of the union, than the endeavour to force +it through in its present form, and with so many opposers as +it must have in every state on the continent? The case is not +of such pressing necessity as some have represented. Europe +is engaged, and we are tranquil. Never therefore was an happier +time for deliberation. The supporters of the measure are by no +means afraid of insurrections taking place, but they are afraid +that the present government will prove superiour to their assaults. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page063">[pg 063]</span><a name="Pg063" id="Pg063" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, IV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 388) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, December 3, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Having considered some of the principal advantages of the +happy form of government under which it is our peculiar good +fortune to live, we find by experience, that it is the best calculated +of any form hitherto invented, to secure to us the rights of +our persons and of our property, and that the general circumstances +of the people shew an advanced state of improvement +never before known. We have found the shock given by the +war, in a great measure obliterated, and the public debt contracted +at that time to be considerably reduced in the nominal +sum. The Congress lands are full adequate to the redemption +of the principal of their debt, and are selling and populating very +fast. The lands of this state, at the west, are, at the moderate +price of eighteen pence an acre, worth near half a million +pounds in our money. They ought, therefore, to be sold as quick +as possible. An application was made lately for a large tract at +that price, and continual applications are made for other lands in +the eastern part of the state. Our resources are daily augmenting. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We find, then, that after the experience of near two centuries +our separate governments are in full vigor. They discover, for +all the purposes of internal regulation, every symptom of strength, +and none of decay. The new system is, therefore, for such purposes, +useless and burdensome. +</p> + +<span class="tei tei-pb" id="page064">[pg 064]</span><a name="Pg064" id="Pg064" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us now consider how far it is practicable consistent with +the happiness of the people and their freedom. It is the opinion +of the ablest writers on the subject, that no extensive empire can +be governed upon republican principles, and that such a government +will degenerate to a despotism, unless it be made up of a +confederacy of smaller states, each having the full powers of internal +regulation. This is precisely the principle which has hitherto +preserved our freedom. No instance can be found of any +free government of considerable extent which has been supported +upon any other plan. Large and consolidated empires may indeed +dazzle the eyes of a distant spectator with their splendour, +but if examined more nearly are always found to be full of misery. +The reason is obvious. In large states the same principles of +legislation will not apply to all the parts. The inhabitants of +warmer climates are more dissolute in their manners, and less +industrious, than in colder countries. A degree of severity is, +therefore, necessary with one which would cramp the spirit of the +other. We accordingly find that the very great empires have +always been despotick. They have indeed tried to remedy the +inconveniences to which the people were exposed by local regulations; +but these contrivances have never answered the end. +The laws not being made by the people, who felt the inconveniences, +did not suit their circumstances. It is under such tyranny +that the Spanish provinces languish, and such would be our misfortune +and degradation, if we should submit to have the concerns +of the whole empire managed by one legislature. To promote +the happiness of the people it is necessary that there should be +local laws; and it is necessary that those laws should be made by +the representatives of those who are immediately subject to the +want of them. By endeavouring to suit both extremes, both are +injured. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is impossible for one code of laws to suit Georgia and +Massachusetts. They must, therefore, legislate for themselves. +Yet there is, I believe, not one point of legislation that is not +surrendered in the proposed plan. Questions of every kind +respecting property are determinable in a continental court, and +so are all kinds of criminal causes. The continental legislature +<span class="tei tei-pb" id="page065">[pg 065]</span><a name="Pg065" id="Pg065" class="tei tei-anchor"></a> +has, therefore, a right to make rules in all cases by which their +judicial courts shall proceed and decide causes. No rights are +reserved to the citizens. The laws of Congress are in all cases +to be the supreme law of the land, and paramount to the constitutions +of the individual states. The Congress may institute +what modes of trial they please, and no plea drawn from the constitution +of any state can avail. This new system is, therefore, a +consolidation of all the states into one large mass, however diverse +the parts may be of which it is to be composed. The idea of an +uncompounded republick, on an average one thousand miles in +length, and eight hundred in breadth, and containing six millions +of white inhabitants all reduced to the same standard of morals, +of habits, and of laws, is in itself an absurdity, and contrary to +the whole experience of mankind. The attempt made by Great +Britain to introduce such a system, struck us with horrour, and +when it was proposed by some theorist that we should be represented +in parliament, we uniformly declared that one legislature +could not represent so many different interests for the purposes of +legislation and taxation. This was the leading principle of the +revolution, and makes an essential article in our creed. All that +part, therefore, of the new system, which relates to the internal +government of the states, ought at once to be rejected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page066">[pg 066]</span><a name="Pg066" id="Pg066" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, V.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 390) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, December 11, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the course of inquiry it has appeared, that for the purposes +of internal regulation and domestick tranquillity, our small and +separate governments are not only admirably suited in theory, +but have been remarkably successful in practice. It is also +found, that the direct tendency of the proposed system, is to consolidate +the whole empire into one mass, and, like the tyrant's +bed, to reduce all to one standard. Though this idea has been +started in different parts of the continent, and is the most important +trait of this draft, the reasoning ought to be extensively +understood. I therefore hope to be indulged in a particular +statement of it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Causes of all kinds, between citizens of different states, are to +be tried before a continental court. This court is not bound to +try it according to the local laws where the controversies happen; +for in that case it may as well be tried in a state court. The +rule which is to govern the new courts, must, therefore, be made +by the court itself, or by its employers, the Congress. If by the +former, the legislative and judicial departments will be blended; +and if by the Congress, though these departments will be kept +separate, still the power of legislation departs from the state in all +those cases. The Congress, therefore, have the right to make +rules for trying all kinds of questions relating to property between +<span class="tei tei-pb" id="page067">[pg 067]</span><a name="Pg067" id="Pg067" class="tei tei-anchor"></a> +citizens of different states. The sixth article of the new constitution +provides, that the continental laws shall be the supreme law +of the land, and that all judges in the separate states shall be bound +thereby, anything in the constitution or laws of any state to the +contrary notwithstanding. All the state officers are also bound +by oath to support this constitution. These provisions cannot be +understood otherwise than as binding the state judges and other +officers, to execute the continental laws in their own proper departments +within the state. For all questions, other than those +between citizens of the same state, are at once put within the jurisdiction +of the continental courts. As no authority remains to the +state judges, but to decide questions between citizens of the same +state, and those judges are to be bound by the laws of Congress, +it clearly follows, that all questions between citizens of the same +state are to be decided by the general laws and not by the local +ones. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Authority is also given to the continental courts, to try all +causes between a state and its own citizens. A question of property +between these parties rarely occurs. But if such questions +were more frequent than they are, the proper process is not to +sue the state before an higher authority; but to apply to the supreme +authority of the state, by way of petition. This is the +universal practice of all states, and any other mode of redress destroys +the sovereignty of the state over its own subjects. The +only case of the kind in which the state would probably be sued, +would be upon the state notes. The endless confusion that +would arise from making the estates of individuals answerable, +must be obvious to every one. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is another sense in which the clause relating to causes +between the state and individuals is to be understood, and it is +more probable than the other, as it will be eternal in its duration, +and increasing in its extent. This is the whole branch of the law +relating to criminal prosecutions. In all such cases, the state is +plaintiff, and the person accused is defendant. The process, +therefore, will be, for the attorney-general of the state to commence +his suit before a continental court. Considering the state +as a party, the cause must be tried in another, and all the expense +<span class="tei tei-pb" id="page068">[pg 068]</span><a name="Pg068" id="Pg068" class="tei tei-anchor"></a> +of transporting witnesses incurred. The individual is to take +his trial among strangers, friendless and unsupported, without +its being known whether he is habitually a good or a bad man; +and consequently with one essential circumstance wanting by +which to determine whether the action was performed maliciously +or accidentally. All these inconveniences are avoided by the +present important restriction, that the cause shall be tried by a +jury of the vicinity, and tried in the county where the offence was +committed. But by the proposed <em class="tei tei-emph"><span style="font-style: italic">derangement</span></em>, I can call it by +no softer name, a man must be ruined to prove his innocence. +This is far from being a forced construction of the proposed form. +The words appear to me not intelligible, upon the idea that it is +to be a <em class="tei tei-emph"><span style="font-style: italic">system</span></em> of government, unless the construction now given, +both for civil and criminal processes, be admitted. I do not say +that it is intended that all these changes should take place within +one year, but they probably will in the course of half a dozen +years, if this system is adopted. In the meantime we shall be +subject to all the horrors of a divided sovereignty, not knowing +whether to obey the Congress or the State. We shall find it impossible +to please two masters. In such a state frequent broils +will ensue. Advantage will be taken of a popular commotion, +and even the venerable forms of the state be done away, while the +new system will be enforced in its utmost rigour by an army.—I +am the more apprehensive of a standing army, on account of a +clause in the new constitution which empowers Congress to keep +one at all times; but this constitution is evidently such that it +cannot stand any considerable time without an army. Upon this +principle one is very wisely provided. Our present government +knows of no such thing. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page069">[pg 069]</span><a name="Pg069" id="Pg069" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, VI.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 391) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, December 14, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To prevent any mistakes, or misapprehensions of the argument, +stated in my last paper, to prove that the proposed constitution is +an actual consolidation of the separate states into one extensive +commonwealth, the reader is desired to observe, that in the course +of the argument, the new plan is considered as an entire system. +It is not dependent on any other book for an explanation, and +contains no references to any other book. All the defences of it, +therefore, so far as they are drawn from the state constitutions, +or from maxims of the common law, are foreign to the purpose. +It is only by comparing the different parts of it together, that the +meaning of the whole is to be understood. For instance— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We find in it, that there is to be a legislative assembly, with +authority to constitute courts for the trial of all kinds of civil +causes, between citizens of different states. The right to appoint +such courts necessarily involves in it the right of defining their +powers, and determining the rules by which their judgment shall +be regulated; and the grant of the former of those rights is nugatory +without the latter. It is vain to tell us, that a maxim of +common law requires contracts to be determined by the law existing +where the contract was made: for it is also a maxim, that +the legislature has a right to alter the common law. Such a +power forms an essential part of legislation. Here, then, a declaration +<span class="tei tei-pb" id="page070">[pg 070]</span><a name="Pg070" id="Pg070" class="tei tei-anchor"></a> +of rights is of inestimable value. It contains those +principles which the government never can invade without an +open violation of the compact between them and the citizens. +Such a declaration ought to have come to the new constitution +in favour of the legislative rights of the several states, by which +their sovereignty over their own citizens within the state should +be secured. Without such an express declaration the states are +annihilated in reality upon receiving this constitution—the forms +will be preserved only during the pleasure of Congress. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The idea of consolidation is further kept up in the right given +to regulate trade. Though this power under certain limitations +would be a proper one for the department of Congress; it is in +this system carried much too far, and much farther than is necessary. +This is, without exception, the most commercial state +upon the continent. Our extensive coasts, cold climate, small +estates, and equality of rights, with a variety of subordinate and +concurring circumstances, place us in this respect at the head of +the Union. We must, therefore, be indulged if a point which so +nearly relates to our welfare be rigidly examined. The new constitution +not only prohibits vessels, bound from one state to another, +from paying any duties, but even from entering and clearing. +The only use of such a regulation is, to keep each state in +complete ignorance of its own resources. It certainly is no hardship +to enter and clear at the custom house, and the expense is +too small to be an object. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The unlimited right to regulate trade, includes the right of +granting exclusive charters. This, in all old countries, is considered +as one principal branch of prerogative. We find hardly +a country in Europe which has not felt the ill effects of such a +power. Holland has carried the exercise of it farther than any +other state, and the reason why that country has felt less evil +from it is, that the territory is very small, and they have drawn +large revenues from their colonies in the East and West Indies. +In this respect, the whole country is to be considered as a trading +company, having exclusive privileges. The colonies are +large in proportion to the parent state; so that, upon the whole, +the latter may gain by such a system. We are also to take into +<span class="tei tei-pb" id="page071">[pg 071]</span><a name="Pg071" id="Pg071" class="tei tei-anchor"></a> +consideration the industry which the genius of a free government +inspires. But in the British islands all these circumstances together +have not prevented them from being injured by the monopolies +created there. Individuals have been enriched, but the +country at large has been hurt. Some valuable branches of +trade being granted to companies, who transact their business +in London, that city is, perhaps, the place of the greatest trade in +the world. But Ireland, under such influence, suffers exceedingly, +and is impoverished; and Scotland is a mere bye-word. +Bristol, the second city in England, ranks not much above this +town in population. These things must be accounted for by the +incorporation of trading companies; and if they are felt so severely +in countries of small extent, they will operate with ten-fold +severity upon us, who inhabit an immense tract; and living +towards one extreme of an extensive empire, shall feel the evil, +without retaining that influence in government, which may enable +us to procure redress. There ought, then, to have been inserted +a restraining clause which might prevent the Congress +from making any such grant, because they consequentially +defeat the trade of the out-ports, and are also injurious to the +general commerce, by enhancing prices and destroying that +rivalship which is the great stimulus to industry. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page072">[pg 072]</span><a name="Pg072" id="Pg072" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, VII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 392) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, December 18, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There cannot be a doubt, that, while the trade of this continent +remains free, the activity of our countrymen will secure +their full share. All the estimates for the present year, let them +be made by what party they may, suppose the balance of trade +to be largely in our favour. The credit of our merchants is, +therefore, fully established in foreign countries. This is a sufficient +proof, that when business is unshackled, it will find out that +channel which is most friendly to its course. We ought, therefore, +to be exceedingly cautious about diverting or restraining it. +Every day produces fresh proofs, that people, under the immediate +pressure of difficulties, do not, at first glance, discover the +proper relief. The last year, a desire to get rid of embarrassments +induced many honest people to agree to a tender act, and many +others, of a different description, to obstruct the courts of justice. +Both these methods only increased the evil they were intended to +cure. Experience has since shown that, instead of trying to lessen +an evil by altering the present course of things, that every endeavor +should have been applied to facilitate the course of law, and thus +to encourage a mutual confidence among the citizens, which increases +the resources of them all, and renders easy the payment of +debts. By this means one does not grow rich at the expense of +another, but all are benefited. The case is the same with the +<span class="tei tei-pb" id="page073">[pg 073]</span><a name="Pg073" id="Pg073" class="tei tei-anchor"></a> +States. Pennsylvania, with one port and a large territory, is less +favourably situated for trade than the Massachusetts, which has +an extensive coast in proportion to its limits of jurisdiction. Accordingly +a much larger proportion of our people are engaged in +maritime affairs. We ought therefore to be particularly attentive +to securing so great an interest. It is vain to tell us that we +ought to overlook local interests. It is only by protecting local +concerns that the interest of the whole is preserved. No man +when he enters into society does it from a view to promote the +good of others, but he does it for his own good. All men having +the same view are bound equally to promote the welfare of +the whole. To recur then to such a principle as that local interests +must be disregarded, is requiring of one man to do more +than another, and is subverting the foundation of a free government. +The Philadelphians would be shocked with a proposition +to place the seat of general government and the unlimited right +to regulate trade in the Massachusetts. There can be no greater +reason for our surrendering the preference to them. Such sacrifices, +however we may delude ourselves with the form of words, +always originate in folly, and not in generosity. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let me now request your attention a little while to the actual +state of publick credit, that we may see whether it has not been +as much misrepresented as the state of our trade. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +At the beginning of the present year, the whole continental +debt was about twelve millions of pounds in our money. About +one-quarter part of this sum was due to our foreign creditors. +Of these France was the principal, and called for the arrears of +interest. A new loan of one hundred and twenty thousand +pounds was negotiated in Holland, at five per cent., to pay the +arrears due to France. At first sight this has the appearance of +bad economy, and has been used for the villainous purpose of +disaffecting the people. But in the course of this same year, +Congress have negotiated the sale of as much of their western +lands on the Ohio and Mississippi, as amount nearly to the whole +sum of the foreign debt; and instead of a dead loss by borrowing +money at five per cent. to the amount of an hundred and twenty +thousand pounds in one sum, they make a saving of the interest +<span class="tei tei-pb" id="page074">[pg 074]</span><a name="Pg074" id="Pg074" class="tei tei-anchor"></a> +at six per cent. on three millions of their domestick debt, which +is an annual saving of an hundred and eighty thousand pounds. +It is easy to see how such an immense fund as the western territory +may be applied to the payment of the foreign debt. Purchasers +of the land would as willingly procure any kind of the +produce of the United States as they would buy loan office certificates +to pay for the land. The produce thus procured would +easily be negotiated for the benefit of our foreign creditors. I do +not mean to insinuate that no other provision should be made for +our creditors, but only to shew that our credit is not so bad in +other countries as has been represented, and that our resources +are fully equal to the pressure. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The perfection of government depends on the equality of its +operation, as far as human affairs will admit, upon all parts of the +empire, and upon all the citizens. Some inequalities indeed will +necessarily take place. One man will be obliged to travel a few +miles further than another man to procure justice. But when he +has travelled, the poor man ought to have the same measure of +justice as the rich one. Small enqualities [sic] may be easily +compensated. There ought, however, to be no inequality in the +law itself, and the government ought to have the same authority +in one place as in another. Evident as this truth is, the most +plausible argument in favour of the new plan is drawn from the +inequality of its operation in different states. In Connecticut, +they have been told that the bulk of the revenue will be raised +by impost and excise, and, therefore, they need not be afraid to +trust Congress with the power of levying a dry tax at pleasure. +New York and Massachusetts are both more commercial states +than Connecticut. The latter, therefore, hopes that the other two +will pay the bulk of the continental expense. The argument is, +in itself, delusive. If the trade is not over-taxed, the consumer +pays it. If the trade is over-taxed, it languishes, and by the ruin +of trade the farmer loses his market. The farmer has, in truth, +no other advantage from imposts than that they save him the +trouble of collecting money for the government. He neither gets +nor loses money by changing the mode of taxation. The government +indeed finds it the easiest way to raise the revenue; and the +<span class="tei tei-pb" id="page075">[pg 075]</span><a name="Pg075" id="Pg075" class="tei tei-anchor"></a> +reason is that the tax is by this means collected where the money +circulates most freely. But if the argument was not delusive, it +ought to conclude against the plan, because it would prove the +unequal operation of it; and if any saving is to be made by the +mode of taxing, the saving should be applied towards our own +debt, and not to the payment of that part of the continental +burden which Connecticut ought to discharge. It would be impossible +to refute in writing all the delusions made use of to force +this system through. Those respecting the publick debt, and +the benefit of imposts, are the most important, and these I have +taken pains to explain. In one instance, indeed, the impost does +raise money at the direct expense of the seaports. This is when +goods are imported subject to a duty, and re-exported without a +drawback. Whatever benefit is derived from this source, surely +should not be transferred to another state, at least till our own +debts are cleared. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Another instance of unequal operation is, that it establishes +different degrees of authority in different states, and thus creates +different interests. The lands in New Hampshire having been +formerly granted by this state, and afterwards by that state, to +private persons, the whole authority of trying titles becomes +vested in a continental court, and that state loses a branch of authority, +which the others retain, over their own citizens. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have now gone through two parts of my argument, and have +proved the efficiency of the state governments for internal regulation, +and the disadvantages of the new system, at least some of +the principal. The argument has been much longer than I at +first apprehended, or possibly I should have been deterred from +it. The importance of the question has, however, prevented me +from relinquishing it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page076">[pg 076]</span><a name="Pg076" id="Pg076" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, VIII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 394) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, December 25, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been proved, by indisputable evidence, that power is not +the grand principle of union among the parts of a very extensive +empire; and that when this principle is pushed beyond the degree +necessary for rendering justice between man and man, it debases +the character of individuals, and renders them less secure in +their persons and property. Civil liberty consists in the consciousness +of that security, and is best guarded by political liberty, +which is the share that every citizen has in the government. +Accordingly all our accounts agree, that in those empires which +are commonly called despotick, and which comprehend by far the +greatest part of the world, the government is most fluctuating, and +property least secure. In those countries insults are borne by the +sovereign, which, if offered to one of our governours, would fill +us with horrour, and we should think the government dissolving. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The common conclusion from this reasoning is an exceedingly +unfair one, that we must then separate, and form distinct confederacies. +This would be true if there was no principle to substitute +in the room of power. Fortunately there is one. This is +commerce. All the states have local advantages, and in a considerable +degree separate interests. They are, therefore, in a situation +to supply each other's wants. Carolina, for instance, is +inhabited by planters, while the Massachusetts is more engaged +<span class="tei tei-pb" id="page077">[pg 077]</span><a name="Pg077" id="Pg077" class="tei tei-anchor"></a> +in commerce and manufactures. Congress has the power of deciding +their differences. The most friendly intercourse may +therefore be established between them. A diversity of produce, +wants and interests, produces commerce; and commerce, where +there is a common, equal and moderate authority to preside, produces +friendship. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The same principles apply to the connection with the new settlers +in the west. Many supplies they want for which they must +look to the older settlements, and the greatness of their crops enables +them to make payments. Here, then, we have a bond of +union which applies to all parts of the empire, and would continue +to operate if the empire comprehended all America. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We are now, in the strictest sense of the terms, a federal republick. +Each part has within its own limits the sovereignty over +its citizens, while some of the general concerns are committed to +Congress. The complaints of the deficiency of the Congressional +powers are confined to two articles. They are not able to raise a +revenue by taxation, and they have not a complete regulation of +the intercourse between us and foreigners. For each of these +complaints there is some foundation, but not enough to justify the +clamour which has been raised. Congress, it is true, owes a debt +which ought to be paid. A considerable part of it has been paid. +Our share of what remains would annually amount to about sixty +or seventy thousand pounds. If, therefore, Congress were put in +possession of such branches of the impost as would raise this +sum in our state, we should fairly be considered as having done +our part towards their debt; and our remaining resources, whether +arising from impost, excise, or dry tax, might be applied to the +reduction of our own debt. The principal of this last amounts to +about thirteen hundred thousand pounds, and the interest to between +seventy or eighty thousand. This is, surely, too much +property to be sacrificed; and it is as reasonable that it should be +paid as the continental debt. But if the new system should be +adopted, the whole impost, with an unlimited claim to excise +and dry tax, will be given to Congress. There will remain no +adequate found for the state debt, and the state will still be subject +to be sued on their notes. This is, then, an article which +<span class="tei tei-pb" id="page078">[pg 078]</span><a name="Pg078" id="Pg078" class="tei tei-anchor"></a> +ought to be limited. We can, without difficulty, pay as much +annually as shall clear the interest of our state debt, and our share +of the interest on the continental one. But if we surrender the +impost, we shall still, by this new constitution, be held to pay our +full proportion of the remaining debt, as if nothing had been +done. The impost will not be considered as being paid by this +state, but by the continent. The federalists, indeed, tell us that +the state debts will all be incorporated with the continental debt, +and all paid out of one fund. In this as in all other instances, they +endeavour to support their scheme of consolidation by delusion. +Not one word is said in the book in favour of such a scheme, and +there is no reason to think it true. Assurances of that sort are +easily given, and as easily forgotten. There is an interest in forgetting +what is false. No man can expect town debts to be united +with that of the state; and there will be as little reason to +expect that the state and continental debts will be united together. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page079">[pg 079]</span><a name="Pg079" id="Pg079" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, IX.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 395) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, December 28, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We come now to the second and last article of complaint +against the present confederation, which is, that Congress has +not the sole power to regulate the intercourse between us and +foreigners. Such a power extends not only to war and peace, +but to trade and naturalization. This last article ought never to +be given them; for though most of the states may be willing for +certain reasons to receive foreigners as citizens, yet reasons of +equal weight may induce other states, differently circumstanced, +to keep their blood pure. Pennsylvania has chosen to receive +all that would come there. Let any indifferent person judge +whether that state in point of morals, education, energy is equal +to any of the eastern states; the small state of Rhode Island only +excepted. Pennsylvania in the course of a century has acquired +her present extent and population at the expense of religion and +good morals. The eastern states have, by keeping separate from +the foreign mixtures, acquired their present greatness in the +course of a century and an half, and have preserved their religion +and morals. They have also preserved that manly virtue which +is equally fitted for rendering them respectable in war, and industrious +in peace. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The remaining power for peace and trade might perhaps be +safely enough lodged with Congress under some limitations. +<span class="tei tei-pb" id="page080">[pg 080]</span><a name="Pg080" id="Pg080" class="tei tei-anchor"></a> +Three restrictions appear to me to be essentially necessary to +preserve that equality of rights to the states, which it is the object +of the state governments to secure to each citizen. 1st. It ought +not to be in the power of Congress, either by treaty or otherwise, +to alienate part of any state without the consent of the legislature. +2d. They ought not to be able, by treaty or other law, to +give any legal preference to one part above another. 3d. They +ought to be restrained from creating any monopolies. Perhaps +others may propose different regulations and restrictions. One +of these is to be found in the old confederation, and another in +the newly proposed plan. The third scenes [sic] to be equally +necessary. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +After all that has been said and written on this subject, and on +the difficulty of amending our old constitution so as to render it +adequate to national purposes, it does not appear that any thing +more was necessary to be done, than framing two new articles. +By one a limited revenue would be given to Congress with a +right to collect it, and by the other a limited right to regulate +our intercourse with foreign nations. By such an addition we +should have preserved to each state its power to defend the +rights of the citizens, and the whole empire would be capable of +expanding and receiving additions without altering its former +constitution. Congress, at the same time, by the extent of their +jurisdiction, and the number of their officers, would have acquired +more respectability at home, and a sufficient influence +abroad. If any state was in such a case to invade the rights of +the Union, the other states would join in defence of those rights, +and it would be in the power of Congress to direct the national +force to that object. But it is certain that the powers of Congress +over the citizens should be small in proportion as the +empire is extended; that, in order to preserve the balance, each +state may supply by energy what is wanting in numbers. Congress +would be able by such a system as we have proposed to +regulate trade with foreigners by such duties as should effectually +give the preference to the produce and manufactures of our own +country. We should then have a friendly intercourse established +between the states, upon the principles of mutual interest. A +<span class="tei tei-pb" id="page081">[pg 081]</span><a name="Pg081" id="Pg081" class="tei tei-anchor"></a> +moderate duty upon foreign vessels would give an advantage to +our own people, while it would avoid all the disadvantages arising +from a prohibition, and the consequent deficiency of vessels to +transport the produce of the southern states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Our country is at present upon an average a thousand miles +long from north to south, and eight hundred broad from the Mississippi +to the Ocean. We have at least six millions of white inhabitants, +and the annual increase is about two hundred and fifty +thousand souls, exclusive of emigrants from Europe. The greater +part of our increase is employed in settling the new lands, while +the older settlements are entering largely into manufactures of +various kinds. It is probable that the extraordinary exertions of +this state in the way of industry for the present year only, exceed +in value five hundred thousand pounds. The new settlements, if +all made in the same tract of country, would form a large state +annually; and the time seems to be literally accomplished when +a nation shall be born in a day. Such an immense country is not +only capable of yielding all the produce of Europe, but actually +does produce by far the greater part of the raw materials. The +restrictions on our trade in Europe, necessarily oblige us to make +use of those materials, and the high price of labour operates as an +encouragement to mechanical improvements. In this way we +daily make rapid advancements towards independence in resources +as well as in empire. If we adopt the new system of +government we shall, by one rash vote, lose the fruit of the toil +and expense of thirteen years, at the time when the benefits of +that toil and expense are rapidly increasing. Though the imposts +of Congress on foreign trade may tend to encourage manufactures, +the excise and dry tax will destroy all the beneficial effects of the +impost, at the same time that they diminish our capital. Be careful +then to give only a limited revenue, and the limited power of +managing foreign concerns. Once surrender the rights of internal +legislation and taxation, and instead of being respected +abroad, foreigners will laugh at us, and posterity will lament our +folly. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page082">[pg 082]</span><a name="Pg082" id="Pg082" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, X.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 396) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, January 1, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Friends and Brethren</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a duty incumbent on every man, who has had opportunities +for inquiry, to lay the result of his researches on any matter +of publick importance before the publick eye. No further +apology will be necessary with the generality of my readers, for +having so often appeared before them on the subject of the lately +proposed form of government. It has been treated with that +freedom which is necessary for the investigation of truth, and +with no greater freedom. On such a subject, extensive in its +nature, and important in its consequences, the examination has +necessarily been long, and the topicks treated of have been +various. We have been obliged to take a cursory, but not inaccurate +view of the circumstances of mankind under the different +forms of government to support the different parts of our argument. +Permit me now to bring into one view the principal propositions +on which the reasoning depends. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is shewn from the example of the most commercial republick +of antiquity, which was never disturbed by a sedition for +above seven hundred years, and at last yielded after a violent +struggle to a foreign enemy, as well as from the experience of +our own country for a century and an half, that the republican, +<span class="tei tei-pb" id="page083">[pg 083]</span><a name="Pg083" id="Pg083" class="tei tei-anchor"></a> +more than any other form of government is made of durable +materials. It is shewn from a variety of proof, that one consolidated +government is inapplicable to a great extent of country; is +unfriendly to the rights both of persons and property, which +rights always adhere together; and that being contrary to the interest +of the extreme of an empire, such a government can be +supported only by power, and that commerce is the true bond of +union for a free state. It is shewn from a comparison of the +different parts of the proposed plan, that it is such a consolidated +government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By article 3, section 2, Congress are empowered to appoint +courts with authority to try civil causes of every kind, and even +offences against particular states. By the last clause of Article 1, +section 8, which defines their legislative powers, they are authorised +to make laws for carrying into execution all the <span class="tei tei-q">“powers +vested by this constitution in the government of the United States, +or in <em class="tei tei-emph"><span style="font-style: italic">any department</span></em> or officer thereof;”</span> and by article 6, the +judges in every state are to be bound by the laws of Congress. +It is therefore a complete consolidation of all the states into one, +however diverse the parts of it may be. It is also shewn that it +will operate unequally in the different states, taking from some of +them a greater share of wealth; that in this last respect it will +operate more to the injury of this commonwealth than of any +state in the union; and that by reason of its inequality it is subversive +of the principles of a free government, which requires +every part to contribute an equal proportion. For all these +reasons this system ought to be rejected, even if no better plan +was proposed in the room of it. In case of a rejection we must +remain as we are, with trade extending, resources opening, settlements +enlarging, manufactures increasing, and publick debts +diminishing by fair payment. These are mighty blessings, and +not to be lost by the hasty adoption of a new system. But great +as these benefits are, which we derive from our present system, +it has been shewn, that they may be increased by giving Congress +a limited power to regulate trade, and assigning to them those +branches of the impost on our foreign trade only, which shall be +equal to our proportion of their present annual demands. While +<span class="tei tei-pb" id="page084">[pg 084]</span><a name="Pg084" id="Pg084" class="tei tei-anchor"></a> +the interest is thus provided for, the sale of our lands in a very +few years will pay the principal, and the other resources of the +state will pay our own debt. The present mode of assessing the +continental tax is regulated by the extent of landed property in +each state. By this rule the Massachusetts [sic] has to pay one +eighth. If we adopt the new system, we shall surrender the +whole of our impost and excise, which probably amount to a +third of those duties of the whole continent, and must come in +for about a sixth part of the remaining debt. By this means we +shall be deprived of the benefit arising from the largeness of our +loans to the continent, shall lose our ability to satisfy the just demands +on the state. Under the limitations of revenue and commercial +regulation contained in these papers, the balance will be +largely in our favour; the importance of the great states will be +preserved, and the publick creditors both of the continent and +state will be satisfied without burdening the people. For a more +concise view of my proposal, I have thrown it into the form of a +resolve, supposed to be passed by the convention which is shortly +to set in this town. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Commonwealth of Massachusetts. <span class="tei tei-hi"><span style="font-style: italic">Resolved</span></span>, That the +form of government lately proposed by a federal convention, held in +the city of Philadelphia, is so far injurious to the interests of this +commonwealth, that we are constrained by fidelity to our constituents +to reject it; and we do hereby reject the said proposed +form and every part thereof. But in order that the union of these +states may, as far as possible, be promoted, and the federal business +as little obstructed as may be, we do agree on the part of this +commonwealth, that the following addition be made to the present +articles of confederation:</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“XIV. The United States shall have power to regulate the intercourse +between these states and foreign dominions, under the +following restrictions; viz.: 1st. No treaty, ordinance, or law shall +alienate the whole or part of any state, without the consent of the +legislature of such state. 2d. The United States shall not by +treaty or otherwise give a preference to the ports of one state over +those of another; nor, 3d, create any monopolies or exclusive +companies; nor, 4th, extend the privileges of citizenship to any +<span class="tei tei-pb" id="page085">[pg 085]</span><a name="Pg085" id="Pg085" class="tei tei-anchor"></a> +foreigner. And for the more convenient exercise of the powers +hereby and by the former articles given, the United States shall +have authority to constitute judicatories, whether supreme or +subordinate, with power to try all piracies and felonies done on +the high seas, and also all civil causes in which a foreign state, or +subject thereof, actually resident in a foreign country and not being +British absentees, shall be one of the parties. They shall also +have authority to try all causes in which ambassadors shall be +concerned. All these trials shall be by jury and in some sea-port +town. All imposts levied by Congress on trade shall be confined +to foreign produce or foreign manufactures imported, and to foreign +ships trading in our harbours, and all their absolute prohibitions +shall be confined to the same articles. All imposts and +confiscations shall be to the use of the state in which they shall +accrue, excepting in such branches as shall be assigned by any +state as a fund for defraying their proportion of the continental. +And no powers shall be exercised by Congress but such as are +expressly given by this and the former articles. And we hereby +authorize our delegates in Congress to sign and ratify an article +in the foregoing form and words, without any further act of this +state for that purpose, provided the other states shall accede to +this proposition on their part on or before the first day of January, +which will be in the year of our Lord 1790. All matters of +revenue being under the controul of the legislature, we recommend +to the general court of this commonwealth, to devise, as +early as may be, such funds arising from such branches of foreign +commerce, as shall be equal to our part of the current charges of +the continent, and to put Congress in possession of the revenue +arising therefrom, with a right to collect it, during such term as +shall appear to be necessary for the payment of the principal of +their debt, by the sale of the western lands.”</span><a id="noteref_23" name="noteref_23" href="#note_23"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">23</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By such an explicit declaration of the powers given to Congress, +we shall provide for all federal purposes, and shall at the +same time secure our rights. It is easier to amend the old confederation, +defective as it has been represented, than it is to correct +<span class="tei tei-pb" id="page086">[pg 086]</span><a name="Pg086" id="Pg086" class="tei tei-anchor"></a> +the new form. For with whatever view it was framed, +truth constrains me to say, that it is insidious in its form, +and ruinous in its tendency. Under the pretence of different +branches of the legislature, the members will in fact be chosen +from the same general description of citizens. The advantages +of a check will be lost, while we shall be continually exposed to +the cabals and corruption of a British election. There cannot be +a more eligible mode than the present, for appointing members of +Congress, nor more effectual checks provided than our separate +state governments, nor any system so little expensive, in case of +our adopting the resolve just stated, or even continuing as we +are. We shall in that case avoid all the inconvenience of concurrent +jurisdictions, we shall avoid the expensive and useless establishments +of the Philadelphia proposition, we shall preserve our +constitution and liberty, and we shall provide for all such institutions +as will be useful. Surely then you cannot hesitate, whether +you will chuse freedom or servitude. The object is now well defined. +By adopting the form proposed by the convention, you +will have the derision of foreigners, internal misery, and the +anathemas of posterity. By amending the present confederation, +and granting limited powers to Congress, you secure the admiration +of strangers, internal happiness, and the blessings and prosperity +of all succeeding generations. Be wise, then, and by preserving +your freedom, prove, that Heaven bestowed it not in +vain. Many will be the efforts to delude the convention. The +mode of judging is itself suspicious, as being contrary to the +antient and established usage of the commonwealth. But since +the mode is adopted, we trust, that the members of that venerable +assembly will not so much regard the greatness of their power, +as the sense and interest of their constituents. And they will do +well to remember that even a mistake in adopting it, will be destructive, +while no evils can arise from a total, and much less, +probably, from such a partial rejection as we have proposed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have now gone through my reasonings on this momentous +subject, and have stated the facts and deductions from them, which +you will verify for yourselves. Personal interest was not my object, +or I should have pursued a different line of conduct. Though +<span class="tei tei-pb" id="page087">[pg 087]</span><a name="Pg087" id="Pg087" class="tei tei-anchor"></a> +I conceived that a man who owes allegiance to the state is bound, +on all important occasions, to propose such inquiries as tend to +promote the publick good; yet I did not imagine it to be any +part of my duty to present myself to the fury of those who appear +to have other ends in view. For this cause, and for this only, I +have chosen a feigned signature. At present all the reports concerning +the writer of these papers are merely conjectural. I +should have been ashamed of my system if it had needed such +feeble support as the character of individuals. It stands on the +firm ground of the experience of mankind. I cannot conclude +this long disquisition better than with a caution derived from the +words of inspiration—<em class="tei tei-emph"><span style="font-style: italic">Discern the things of your peace now in the +days thereof, before they be hidden from your eyes</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page088">[pg 088]</span><a name="Pg088" id="Pg088" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, XI.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 398) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, January 8, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +My last address contained the outlines of a system fully adequate +to all the useful purposes of the union. Its object is to +raise a sufficient revenue from the foreign trade, and the sale of +our publick lands, to satisfy all the publick exigencies, and to encourage, +at the same time, our internal industry and manufactures. +It also secures each state in its own separate rights, while the +continental concerns are thrown into the general department. +The only deficiencies that I have been able to discover in the +plan, and in the view of federalists they are very great ones, are, +that it does not allow the interference of Congress in the domestick +concerns of the state, and that it does not render our national +councils so liable to foreign influence. The first of these articles +tends to guard us from that infinite multiplication of officers +which the report of the Convention of Philadelphia proposes. +With regard to the second, it is evidently not of much importance +to any foreign nation to purchase, at a very high price, a majority +of votes in an assembly, whose members are continually exposed +to a recall. But give those members a right to sit six, or +even two years, with such extensive powers as the new system +proposes, and their friendship will be well worth a purchase. +This is the only sense in which the Philadelphia system will render +<span class="tei tei-pb" id="page089">[pg 089]</span><a name="Pg089" id="Pg089" class="tei tei-anchor"></a> +us more respectable in the eyes of foreigners. In every other +view they lose their respect for us, as it will render us more like +their own degraded models. It is a maxim with them, that every +man has his price. If, therefore, we were to judge of what passes +in the hearts of the federalists when they urge us, as they continually +do, <em class="tei tei-emph"><span style="font-style: italic">to be like other nations</span></em>, and when they assign mercenary +motives to the opposers of their plan, we should conclude very +fairly they themselves wish to be provided for at the publick expense. +However that may be, if we look upon the men we shall +find some of their leaders to have formed pretty strong attachments +to foreign nations. Whether those attachments arose from +their being educated under a royal government, from a former +unfortunate mistake in politicks, or from the agencies for foreigners, +or any other cause, is not in my province to determine. But +certain it is that some of the principal fomenters of this plan have +never shown themselves capable of that generous system of policy +which is founded in the affections of freemen. Power and high +life are their idols, and national funds are necessary to support +them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some of the principal powers of Europe have already entered +into treaties with us, and that some of the rest have not done it, is +not owing, as is falsely pretended, to the want of power in Congress. +Holland never found any difficulty of this kind from the +multitude of sovereignties in that country, which must all be consulted +on such an occasion. The resentment of Great Britain for +our victories in the late war has induced that power to restrain +our intercourse with their subjects. Probably an hope, the only +solace of the wretched, that their affairs would take a more favourable +turn on this continent, has had some influence on their proceedings. +All their restrictions have answered the end of securing +our independence, by driving us into many valuable manufactures. +Their own colonies in the mean time have languished +for want of an intercourse with these states. The new settlement +in Nova Scotia has miserably decayed, and the West India Islands +have suffered for want of our supplies, and by the loss of +our market. This has affected the revenue; and, however contemptuously +some men may affect to speak of our trade, the supply +<span class="tei tei-pb" id="page090">[pg 090]</span><a name="Pg090" id="Pg090" class="tei tei-anchor"></a> +of six millions of people is an object worth the attention of +any nation upon earth. Interest in such a nation as Britain will +surmount their resentment. However their pride may be stung, +they will pursue after wealth. Increase of revenue to a nation +overwhelmed with a debt of near <em class="tei tei-emph"><span style="font-style: italic">two hundred and ninety millions</span></em> +sterling is an object to which little piques must give way; and +there is no doubt that their interest consists in securing as much +of our trade as they can. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These are the topicks from which are drawn some of the most +plausible reasons that have been given by the federalists in favour +of their plan, as derived from the sentiments of foreigners. We +have weighed them and found them wanting. That they had not +themselves full confidence in their own reasons at Philadelphia is +evident from the method they took to bias the State Convention. +Messrs. Wilson and M'Kean, two Scottish names, were repeatedly +worsted in the argument. To make amends for their own incapacity, +the gallery was filled with a rabble,<a id="noteref_24" name="noteref_24" href="#note_24"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">24</span></span></a> who shouted their +applause, and these heroes of aristocracy were not ashamed, +though modesty is their national virtue, to vindicate such a violation +of decency. Means not less criminal, but not so flagrantly +indecent, have been frequently mentioned among us to secure a +majority. But those who vote for a price can never sanctify +wrong, and treason will still retain its deformity. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page091">[pg 091]</span><a name="Pg091" id="Pg091" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, XII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 399) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, January 11, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Massachusetts Convention.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Suffer an individual to lay before you his contemplations on +the great subject that now engages your attention. To you it +belongs, and may Heaven direct your judgment to decide on the +happiness of all future generations, as well as the present. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is universally agreed that the object of every just government +is to render the people happy, by securing their persons and +possessions from wrong. To this end it is necessary that there +should be local laws and institutions; for a people inhabiting +various climates will unavoidably have local habits and different +modes of life, and these must be consulted in making the laws. +It is much easier to adapt the laws to the manners of the people, +than to make manners conform to laws. The idle and dissolute +inhabitants of the south require a different regimen from the +sober and active people of the north. Hence, among other reasons, +is derived the necessity of local governments, who may enact, +repeal, or alter regulations as the circumstances of each part of +the empire may require. This would be the case, even if a very +great state was to be settled at once. But it becomes still more +needful when the local manners are formed, and usages sanctified, +by the practice of a century and a half. In such a case, to attempt +to reduce all to one standard is absurd in itself and cannot +<span class="tei tei-pb" id="page092">[pg 092]</span><a name="Pg092" id="Pg092" class="tei tei-anchor"></a> +be done but upon the principle of power, which debases the people +and renders them unhappy till all dignity of character is put +away. Many circumstances render us an essentially different +people from the inhabitants of the southern states. The unequal +distribution of property, the toleration of slavery, the ignorance +and poverty of the lower classes, the softness of the climate and +dissoluteness of manners, mark their character. Among us, the +care that is taken of education, small and nearly equal estates, +equality of rights, and the severity of the climate, renders the +people active, industrious and sober. Attention to religion and +good morals is a distinguishing trait in our character. It is plain, +therefore, that we require for our regulation laws which will not +suit the circumstances of our southern brethren, and that laws +made for them would not apply to us. Unhappiness would be +the uniform product of such laws; for no state can be happy +when the laws contradict the general habits of the people, nor can +any state retain its freedom while there is a power to make and +enforce such laws. We may go further, and say, that it is impossible +for any single legislature so fully to comprehend the +circumstances of the different parts of a very extensive dominion +as to make laws adapted to those circumstances. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hence arises in most nations of extensive territory, the necessity +of armies, to cure the defect of the laws. It is actually under the +pressure of such an absurd government, that the Spanish provinces +have groaned for near three centuries; and such will be +our misfortune and degradation, if we ever submit to have all the +business of the empire done by one legislature. The contrary +principle of local legislation by the representatives of the people, +who alone are to be governed by the laws, has raised us to our +present greatness; and an attempt on the part of Great Britain to +invade this right, brought on the revolution, which gave us a separate +rank among the nations. We even declared, that we would +not be represented in the national legislature, because one assembly +was not adequate to the purposes of internal legislation +and taxation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +[<span class="tei tei-hi"><span style="font-style: italic">Remainder next Tuesday.</span></span>] +</p> + +</div> + +<span class="tei tei-pb" id="page093">[pg 093]</span><a name="Pg093" id="Pg093" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, XIII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 400) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, January 14, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">Concluded from our last.</span></span>) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Massachusetts Convention.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The question then arises, what is the kind of government best +adapted to the object of securing our persons and possessions +from violence? I answer, a <span class="tei tei-hi"><span style="font-style: italic">Federal Republick</span></span>. By this kind of +government each state reserves to itself the right of making and +altering its laws for internal regulation, and the right of executing +those laws without any external restraint, while the general concerns +of the empire are committed to an assembly of delegates, +each accountable to his own constituents. This is the happy +form under which we live, and which seems to mark us out as a +people chosen of God. No instance can be produced of any +other kind of government so stable and energetick as the republican. +The objection drawn from the Greek and Roman states +does not apply to the question. Republicanism appears there in +its most disadvantageous form. Arts and domestic employments +were generally committed to slaves, while war was almost the +only business worthy of a citizen. Hence arose their internal +dissensions. Still they exhibited proofs of legislative wisdom +and judicial integrity hardly to be found among their monarchick +neighbors. On the other hand we find Carthage cultivating +commerce, and extending her dominions for the long space of +seven centuries, during which term the internal tranquillity was +<span class="tei tei-pb" id="page094">[pg 094]</span><a name="Pg094" id="Pg094" class="tei tei-anchor"></a> +never disturbed by her citizens. Her national power was so respectable, +that for a long time it was doubtful whether Carthage +or Rome should rule. In the form of their government they +bore a strong resemblance to each other. Rome might be reckoned +a free state for about four hundred and fifty years. We +have then the true line of distinction between those two nations, +and a strong proof of the hardy materials which compose a republican +government. If there was no other proof, we might +with impartial judges risk the issue upon this alone. But our +proof rests not here. The present state of Europe, and the +vigour and tranquillity of our own governments, after experiencing +this form for a century and an half, are decided proofs in +favour of those governments which encourage commerce. A +comparison of our own country, first with Europe and then with +the other parts of the world, will prove, beyond a doubt, that the +greatest share of freedom is enjoyed by the citizens, so much +more does commerce flourish. The reason is, that every citizen +has an influence in making the laws, and thus they are conformed +to the general interests of the state; but in every other kind of +government they are frequently made in favour of a part of the +community at the expense of the rest. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The argument against republicks, as it is derived from the +Greek and Roman states, is unfair. It goes on the idea that no +other government is subject to be disturbed. As well might we +conclude, that a limited monarchy is unstable, because that +under the feudal system the nobles frequently made war upon +their king, and disturbed the publick peace. We find, however, +in practice, that limited monarchy is more friendly to commerce, +because more friendly to the rights of the subject, than an absolute +government; and that it is more liable to be disturbed than +a republick, because less friendly to trade and the rights of individuals. +There cannot, from the history of mankind, be produced +an instance of rapid growth in extent, in numbers, in arts, and in +trade, that will bear any comparison with our country. This is +owing to what the friends of the new system, and the enemies of +the revolution, for I take them to be nearly the same, would term +<em class="tei tei-emph"><span style="font-style: italic">our extreme liberty</span></em>. Already, have our ships visited every part of +<span class="tei tei-pb" id="page095">[pg 095]</span><a name="Pg095" id="Pg095" class="tei tei-anchor"></a> +the world, and brought us their commodities in greater perfection, +and at a more moderate price, than we ever before experienced. +The ships of other nations crowd to our ports, seeking +an intercourse with us. All the estimates of every party make +the balance of trade for the present year to be largely in our +favour. Already have some very useful, and some elegant manufactures +got established among us, so that our country every +day is becoming independent in her resources. Two-thirds of +the continental debt has been paid since the war, and we are in +alliance with some of the most respectable powers of Europe. +The western lands, won from Britain by the sword, are an ample +fund for the principal of all our public debts; and every new sale +excites that manly pride which is essential to national virtue. +All this happiness arises from the freedom of our institutions and +the limited nature of our government; a government that is respected +from principles of affection, and obeyed with alacrity. +The sovereigns of the old world are frequently, though surrounded +with armies, treated with insult; and the despotick monarchies +of the east, are the most fluctuating, oppressive and +uncertain governments of any form hitherto invented. These +considerations are sufficient to establish the excellence of our +own form, and the goodness of our prospects. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us now consider the probable effects of a consolidation of +the separate states into one mass; for the new system extends so +far. Many ingenious explanations have been given of it; but +there is this defect, that they are drawn from maxims of the common +law, while the system itself cannot be bound by any such +maxims. A legislative assembly has an inherent right to alter +the common law, and to abolish any of its principles, which are +not particularly guarded in the constitution. Any system therefore +which appoints a legislature, without any reservation of the +rights of individuals, surrenders all power in every branch of legislation +to the government. The universal practice of every government +proves the justness of this remark; for in every doubtful +case it is an established rule to decide in favour of authority. +The new system is, therefore, in one respect at least, essentially +inferior to our state constitutions. There is no bill of rights, and +<span class="tei tei-pb" id="page096">[pg 096]</span><a name="Pg096" id="Pg096" class="tei tei-anchor"></a> +consequently a continental law may controul any of those principles, +which we consider at present as sacred; while not one of +those points, in which it is said that the separate governments +misapply their power, is guarded. Tender acts and the coinage +of money stand on the same footing of a consolidation of power. +It is a mere fallacy, invented by the deceptive powers of Mr. +Wilson, that what rights are not given are reserved. The contrary +has already been shewn. But to put this matter of legislation +out of all doubt, let us compare together some parts of the +book; for being an independent system, this is the only way to +ascertain its meaning. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In article III, section 2, it is declared, that <span class="tei tei-q">“the judicial power +shall extend to all cases in law and equity arising under this constitution, +the laws of the United States, and treaties made or +which shall be made under their authority.”</span> Among the cases +arising under this new constitution are reckoned, <span class="tei tei-q">“all controversies +between citizens of different states,”</span> which include all kinds +of civil causes between those parties. The giving Congress a +power to appoint courts for such a purpose is as much, there +being no stipulation to the contrary, giving them power to legislate +for such causes, as giving them a right to raise an army, is +giving them a right to direct the operations of the army when +raised. But it is not left to implication. The last clause of article +I, section 8, expressly gives them power <span class="tei tei-q">“to make all laws +which shall be needful and proper for carrying into execution +the foregoing powers, and all other powers vested by this constitution +in the government of the United States, or in any department +or officer thereof.”</span> It is, therefore, as plain as words can +make it, that they have a right by this proposed form to legislate +for all kinds of causes respecting property between citizens of +different states. That this power extends to all cases between +citizens of the same state, is evident from the sixth article, which +declares all continental laws and treaties to be the <em class="tei tei-emph"><span style="font-style: italic">supreme law</span></em> +of the land, and that all state judges are bound thereby, <span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">anything +in the constitution or laws of any state to the contrary notwithstanding</span></em>.”</span> +If this is not binding the judges of the separate states in +their own office, by continental rules, it is perfect nonsense. +</p> + +<span class="tei tei-pb" id="page097">[pg 097]</span><a name="Pg097" id="Pg097" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is then a complete consolidation of the legislative powers +in all cases respecting property. This power extends to all cases +between a state and citizens of another state. Hence a citizen, +possessed of the notes of another state, may bring his action, and +there is no limitation that the execution shall be levied on the +publick property of the state; but the property of individuals is +liable. This is a foundation for endless confusion and discord. +This right to try causes between a state and citizens of another +state, involves in it all criminal causes; and a man who has accidentally +transgressed the laws of another state, must be transported, +with all his witnesses, to a third state, to be tried. He +must be ruined to prove his innocence. These are necessary +parts of the new system, and it will never be complete till they +are reduced to practice. They effectually prove a consolidation +of the states, and we have before shewn the ruinous tendency of +such a measure. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By sect. 8 of article I, Congress are to have the unlimited right +to regulate commerce, external and <em class="tei tei-emph"><span style="font-style: italic">internal</span></em>, and may therefore +create monopolies which have been universally injurious to all +the subjects of the countries that have adopted them, excepting +the monopolists themselves. They have also the unlimited right +to imposts and all kinds of taxes, as well to levy as to collect +them. They have indeed very nearly the same powers claimed +formerly by the British parliament. Can we have so soon forgot +our glorious struggle with that power, as to think a moment of +surrendering it now? It makes no difference in principle whether +the national assembly was elected for seven years or for six. +In both cases we should vote to great disadvantage, and therefore +ought never to agree to such an article. Let us make provision +for the payment of the interest of our part of the debt, and we +shall be fairly acquitted. Let the fund be an impost on our foreign +trade, and we shall encourage our manufactures. But if we +surrender the unlimited right to regulate trade, and levy taxes, +imposts will oppress our foreign trade for the benefit of other +states, while excises and taxes will discourage our internal industry. +The right to regulate trade, without any limitations, +will, as certainly as it is granted, transfer the trade of this state +<span class="tei tei-pb" id="page098">[pg 098]</span><a name="Pg098" id="Pg098" class="tei tei-anchor"></a> +to Pennsylvania. That will be the seat of business and of wealth, +while the extremes of the empire will, like Ireland and Scotland, +be drained to fatten an overgrown capital. Under our present +equal advantages, the citizens of this state come in for their full +share of commercial profits. Surrender the rights of taxation +and commercial regulation, and the landed states at the southward +will all be interested in draining our resources; for whatever +can be got by impost on our trade and excises on our +manufactures, will be considered as so much saved to a state inhabited +by planters. All savings of this sort ought surely to be +made in favour of our own state; and we ought never to surrender +the unlimited powers of revenue and trade to uncommercial +people. If we do, the glory of the state from that moment departs, +never to return. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The safety of our constitutional rights consists in having the +business of governments lodged in different departments, and in +having each part well defined. By this means each branch is +kept within the constitutional limits. Never was a fairer line of +distinction than what may be easily drawn between the continental +and state governments. The latter provide for all cases, +whether civil or criminal, that can happen ashore, because all +such causes must arise within the limits of some state. Transactions +between citizens may all be fairly included in this idea, even +although they should arise in passing by water from one state to +another. But the intercourse between us and foreign nations +properly forms the department of Congress. They should have +the power of regulating trade under such limitations as should +render their laws equal. They should have the right of war and +peace, saving the equality of rights, and the territory of each +state. But the power of naturalization and internal regulation +should not be given them. To give my scheme a more systematick +appearance, I have thrown it into the form of a resolve, +which is submitted to your wisdom for amendment, but not as +being perfect. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Resolved, that the form of government proposed by the federal +convention, lately held in Philadelphia, be rejected on the +part of this commonwealth; and that our delegates in Congress +<span class="tei tei-pb" id="page099">[pg 099]</span><a name="Pg099" id="Pg099" class="tei tei-anchor"></a> +are hereby authorised to propose on the part of this commonwealth, +and, if the other states for themselves agree thereto, to +sign an article of confederation, as an addition to the present +articles, in the form following, provided such agreement be made +on or before the first day of January, which will be in the year of +our Lord 1790; the said article shall have the same force and +effect as if it had been inserted in the original confederation, and +is to be construed consistently with the clause in the former +articles, which restrains the United States from exercising such +powers as are not expressly given.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“XIV. The United States shall have power to regulate, whether +by treaty, ordinance or law, the intercourse between these +states and foreign dominions and countries, under the following +restrictions. No treaty, ordinance, or law shall give a preference +to the ports of one state over those of another; nor 2d. impair the +territory or internal authority of any state; nor 3d. create any +monopolies or exclusive companies; nor 4th. naturalize any foreigners. +All their imposts and prohibitions shall be confined to +foreign produce and manufactures imported, and to foreign ships +trading in our harbours. All imposts and confiscations shall be +to the use of the state where they shall accrue, excepting only +such branches of impost as shall be assigned by the separate +states to Congress for a fund to defray the interest of their debt, +and their current charges. In order the more effectually to execute +this and the former articles, Congress shall have authority +to appoint courts, supreme and subordinate, with power to try all +crimes, not relating to state securities, between any foreign state, +or subject of such state, actually residing in a foreign country, +and not being an absentee or person who has alienated himself +from these states on the one part, and any of the United States or +citizens thereof on the other part; also all causes in which foreign +ambassadours or other foreign ministers resident here shall be +immediately concerned, respecting the jurisdiction or immunities +only. And the Congress shall have authority to execute the +judgment of such courts by their own affairs. Piracies and felonies +committed on the high seas shall also belong to the department +of Congress for them to define, try, and punish, in the same +<span class="tei tei-pb" id="page100">[pg 100]</span><a name="Pg100" id="Pg100" class="tei tei-anchor"></a> +manner as the other causes shall be defined, tried, and determined. +All the before-mentioned causes shall be tried by jury +and in some sea-port town. And it is recommended to the general +court at their next meeting to provide and put Congress in +possession of funds arising from foreign imports and ships sufficient +to defray our share of the present annual expenses of the +continent.”</span><a id="noteref_25" name="noteref_25" href="#note_25"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">25</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Such a resolve, explicitly limiting the powers granted, is the +farthest we can proceed with safety. The scheme of accepting +the report of the Convention, and amending it afterwards, is +merely delusive. There is no intention among those who make +the proposition to amend it at all. Besides, if they have influence +enough to get it accepted in its present form, there is no probability +that they will consent to an alteration when possessed of an +unlimited revenue. It is an excellence in our present confederation, +that it is extremely difficult to alter it. An unanimous vote +of the states is required. But this newly proposed form is +founded in injustice, as it proposes that a fictitious consent of +only nine states shall be sufficient to establish it. Nobody can +suppose that the consent of a state is any thing more than a fiction, +in the view of the federalists, after the mobbish influence +used over the Pennsylvania convention. The two great leaders +of the plan, with a modesty of Scotsmen, placed a rabble in the +gallery to applaud their speeches, and thus supplied their want of +capacity in the argument. Repeatedly were Wilson and M'Kean +worsted in the argument by the plain good sense of Findly and +Smilie. But reasoning or knowledge had little to do with the +federal party. Votes were all they wanted, by whatever means +obtained. Means not less criminal have been mentioned among +us. But votes that are bought can never justify a treasonable +conspiracy. Better, far better, would it be to reject the whole, +and remain in possession of present advantages. The authority +of Congress to decide disputes between states is sufficient to prevent +their recurring to hostility: and their different situation, +wants and produce is a sufficient foundation for the most friendly +intercourse. All the arts of delusion and legal chicanery will be +<span class="tei tei-pb" id="page101">[pg 101]</span><a name="Pg101" id="Pg101" class="tei tei-anchor"></a> +used to elude your vigilance, and obtain a majority. But keeping +the constitution of the state and the publick interest in view, +will be your safety. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +[We are obliged, contrary to our intention, to postpone the remainder +of Agrippa till our next.] +</p> + +</div> + +<span class="tei tei-pb" id="page102">[pg 102]</span><a name="Pg102" id="Pg102" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, XIV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 401) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, January 18, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">Concluded from our last.</span></span>) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Massachusetts Convention.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To tell us that we ought to look beyond local interests, and +judge for the good of the empire, is sapping the foundation of a +free state. The first principle of a just government is, that it shall +operate equally. The report of the convention is extremely unequal. +It takes a larger share of power from some, and from +others, a larger share of wealth. The Massachusetts will be +obliged to pay near three times their present proportion +towards continental charges. The proportion is now ascertained +by the quantity of landed property, then it will be by the number +of persons. After taking the whole of our standing revenue, by +impost and excise, we must still be held to pay a sixth part of the +remaining debt. It is evidently a contrivance to help the other +states at our expense. Let us then be upon our guard, and do +no more than the present confederation obliges. While we make +that our beacon we are safe. It was framed by men of extensive +knowledge and enlarged ability, at a time when some of the framers +of the new plan were hiding in the forests to secure their +precious persons. It was framed by men who were always in +favor of a limited government, and whose endeavours Heaven has +crowned with success. It was framed by men whose idols were +<span class="tei tei-pb" id="page103">[pg 103]</span><a name="Pg103" id="Pg103" class="tei tei-anchor"></a> +not power and high life, but industry and constitutional liberty, +and who are now in opposition to this new scheme of oppression. +Let us then cherish the old confederation like the apple of our eye. +Let us confirm it by such limited powers to Congress, and such +an enlarged intercourse, founded on commercial and mutual want, +with the other states, that our union shall outlast time itself. It +is easier to prevent an evil than to cure it. We ought therefore +to be cautious of innovations. The intrigues of interested politicians +will be used to seduce even the elect. If the vote passes in +favour of the plan, the constitutional liberty of our country is gone +forever. If the plan should be rejected, we always have it in our +power, by a fair vote of the people at large, to extend the authority +of Congress. This ought to have been the mode pursued. +But our antagonists were afraid to risk it. They knew that the +plan would not bear examining. Hence we have seen them insulting +all who were in opposition to it, and answering arguments +only with abuse. They have threatened and they have insulted +the body of the people. But I may venture to appeal to +any man of unbiassed judgment, whether his feelings tell him, +that there is any danger at all in rejecting the plan. I ask not +the palsied or the jaundiced, nor men troubled with bilious or +nervous affections, for they can see danger in every thing. But +I apply to men who have no personal expectations from a change, +and to men in full health. The answer of all such men will be, +that never was a better time for deliberation. Let us then, while +we have it in our power, secure the happiness and freedom of the +present and future ages. To accept of the report of the convention, +under the idea that we can alter it when we please, will be +sporting with fire-brands, arrows and death. It is a system which +must have an army to support it, and there can be no redress but +by a civil war. If, as the federalists say, there is a necessity of +our receiving it, for heaven's sake let our liberties go without our +making a formal surrender. Let us at least have the satisfaction +of protesting against it, that our own hearts may not reproach us +for the meanness of deserting our dearest interests. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Our present system is attended with the inestimable advantage +of preventing unnecessary wars. Foreign influence is assuredly +<span class="tei tei-pb" id="page104">[pg 104]</span><a name="Pg104" id="Pg104" class="tei tei-anchor"></a> +smaller in our publick councils, in proportion as the members +are subject to be recalled. At present, their right to sit continues +no longer than their endeavours to secure the publick interest. +It is therefore not an object for any foreign power to give a large +price for the friendship of a delegate in Congress. If we adopt +the new system, every member will depend upon thirty thousand +people, mostly scattered over a large extent of country, for his +election. Their distance from the seat of government will make +it extremely difficult for the electors to get information of his +conduct. If he is faithful to his constituents, his conduct will be +misrepresented, in order to defeat his influence at home. Of this +we have a recent instance, in the treatment of the dissenting +members of the late federal convention.<a id="noteref_26" name="noteref_26" href="#note_26"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">26</span></span></a> Their fidelity to their +constituents was their whole fault. We may reasonably expect +similar conduct to be adopted, when we shall have rendered the +friendship of the members valuable to foreign powers, by giving +them a secure seat in Congress. We shall too have all the intrigues, +cabals and bribery practiced, which are usual at elections +in Great Britain. We shall see and lament the want of publick +virtue; and we shall see ourselves bought at a publick market, +in order to be sold again to the highest bidder. We must +be involved in all the quarrels of European powers, and oppressed +with expense, merely for the sake of being like the nations round +about us. Let us then, with the spirit of freemen, reject the +offered system, and treat as it deserves the proposition of men +who have departed from their commission; and let us deliver to +the rising generation the liberty purchased with our blood. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page105">[pg 105]</span><a name="Pg105" id="Pg105" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, XV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 402) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, January 22, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Massachusetts Convention.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Truly deplorable, in point of argument, must be that cause, +in whose defence persons of acknowledged learning and ability +can say nothing pertinent. When they undertake to prove that +the person elected is the safest person in the world to control the +exercise of the elective powers of his constituents, we know what +dependence is to be had upon their reasonings. Yet we have +seen attempts to shew, that the fourth section of the proposed constitution +is an additional security to our rights. It may be such +in the view of a Rhode Island family (I think that state is quoted) +who have been of some time in the minority: but it is extraordinary +that an enlightened character<a id="noteref_27" name="noteref_27" href="#note_27"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">27</span></span></a> +in the Massachusetts [convention] +should undertake to prove, that, from a single instance of +abuse in one state, another state ought to resign its liberty. Can +an [sic] man, in the free exercise of his reason, suppose, that he is +perfectly represented in the legislature, when that legislature may +at pleasure alter the time, manner and place of election? By +altering the time they may continue a representive during his +whole life; by altering the manner, they may fill up the vacancies +by their own votes without the consent of the people; and by altering +the place, all the elections may be made at the seat of the +federal government. Of all the powers of government perhaps +<span class="tei tei-pb" id="page106">[pg 106]</span><a name="Pg106" id="Pg106" class="tei tei-anchor"></a> +this is the most improper to be surrendered. Such an article at +once destroys the whole check which the constituents have upon +their rulers. I should be less zealous upon this subject, if the +power had not been often abused. The senate of Venice, the +regencies of Holland, and the British Parliament have all abused +it. The last have not yet perpetuated themselves; but they have +availed themselves repeatedly of popular commotions to continue +in power. Even at this day we find attempts to vindicate the usurpation +by which they continued themselves from three to seven +years. All the attempts, and many have been made, to return to +triennial elections, have proved abortive. These instances are +abundantly sufficient to shew with what jealousy this right ought +to be guarded. No sovereign on earth need be afraid to declare +his crown elective, while the possessor has the right to regulate +the time, manner, and place of election. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is vain to tell us, that the proposed government guarantees +to each state a republican form. Republicks are divided into +democraticks, and aristocraticks. The establishment of an order +of nobles, in whom should reside all the power of the state, would +be an aristocratick republick. Such has been for five centuries +the government of Venice, in which all the energies of government, +as well as of individuals, have been cramped by a distressing +jealousy that the rulers have of each other. There is nothing +of that generous, manly confidence that we see in the democratick +republicks of our own country. It is a government of force, +attended with perpetual fear of that force. In Great Britain, since +the lengthening of parliaments, all our accounts agree, that their +elections are a continued scene of bribery, riot and tumult; often +a scene of murder. These are the consequences of choosing +seldom, and or extensive districts. When the term is short +nobody will give an high price for a seat. It is an insufficient +answer to these objections to say, that there is no power of government +but may sometimes be applied to bad purposes. Such +a power is of no value unless it is applied to a bad purpose. It +ought always to remain with the people. The framers of our +state constitution were so jealous of this right, that they fixed the +days for election, meeting and dissolving of the legislature, and +<span class="tei tei-pb" id="page107">[pg 107]</span><a name="Pg107" id="Pg107" class="tei tei-anchor"></a> +of the other officers of government. In the proposed constitution +not one of these points is guarded, though more numerous +and extensive powers are given them than to any state legislature +upon the continent. For Congress is at present possessed of the +direction of the national force, and most other national powers, +and in addition to them are to be vested with all the powers of +the individual states, unrestrained by any declarations of right. +If these things are for the security of our constitutional liberty, +I trust we shall soon see an attempt to prove that the government +by an army will be more friendly to liberty than a system founded +in consent, and that five states will make a majority of thirteen. +The powers of controuling elections, of creating exclusive companies +in trade, of internal legislation and taxations ought, upon +no account, to be surrendered. I know it is a common complaint, +that Congress want more power. But where is the limited +government that does not want it? Ambition is in a +governour what money is to a misar [sic]—.... he can never +accumulate enough. But it is as true in politicks as in morals, he +that is unfaithful in little, will be unfaithful also in much. He +who will not exercise the powers he has, will never properly use +more extensive powers. The framing entirely new systems, is a +work that requires vast attention; and it is much easier to guard +an old one. It is infinitely better to reject one that is unfriendly +to liberty, and rest for a while satisfied with a system that is in +some measure defective, than to set up a government unfriendly +to the rights of states, and to the rights of individuals—one that +is undefined in its powers and operations. Such is the government +proposed by the federal convention, and such, we trust, you +will have the wisdom and firmness to reject. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page108">[pg 108]</span><a name="Pg108" id="Pg108" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, XV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 403) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, January 25, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To The Massachusetts Convention.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That the new system, proposed for your adoption, is not +founded in argument, but in party spirit, is evident from the +whole behaviour of that party, who favour it. The following is +a short, but genuine specimen of their reasoning. The South +Carolina legislature have established an unequal representation, +and will not alter it: therefore Congress should be invested with +an unrestrained power to alter the time, manner and place of +electing members into that body. Directly the contrary position +should have been inferred. An elected assembly made an improper +use of their right to controul elections, therefore such a +right ought not to be lodged with them. It will be abused in ten +instances, for one in which it will serve any valuable purpose. It +is said also that the Rhode Island assembly <em class="tei tei-emph"><span style="font-style: italic">intend</span></em> to abuse their +power in this respect, therefore we should put Congress in a situation +to abuse theirs. Surely this is not a kind of reasoning that, +in the opinion of any indifferent person, can vindicate the fourth +section. Yet we have heard it publickly advanced as being conclusive. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The unlimited power over trade, domestick as well as foreign, +is another power that will more probably be applied to a bad +than to a good purpose. That our trade was for the last year +much in favour of the commonwealth is agreed by all parties. +<span class="tei tei-pb" id="page109">[pg 109]</span><a name="Pg109" id="Pg109" class="tei tei-anchor"></a> +The freedom that every man, whether his capital is large or +small, enjoys of entering into any branch that pleases him, +rouses a spirit of industry and exertion, that is friendly to commerce. +It prevents that stagnation of business which generally +precedes publick commotions. Nothing ought to be done to +restrain this spirit. The unlimited power over trade, however, +is exceedingly apt to injure it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In most countries of Europe, trade has been more confined by +exclusive charters. Exclusive companies are, in trade, pretty +much like an aristocracy in government, and produce nearly as +bad effects. An instance of it we have ourselves experienced. +Before the Revolution, we carried on no direct trade to India. +The goods imported from that country came to us through the +medium of an exclusive company. Our trade in that quarter is +now respectable, and we receive several kinds of their goods at +about half the former price. But the evil of such companies does +not terminate there. They always, by the greatness of their capital, +have an undue influence on the government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In a republick, we ought to guard, as much as possible, against +the predominance of any particular interest. It is the object of +government to protect them all. When commerce is left to take +its own course, the advantage of every class will be nearly equal. +But when exclusive privileges are given to any class, it will +operate to the weakening of some other class connected with +them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(<span class="tei tei-hi"><span style="font-style: italic">Remainder next Tuesday.</span></span>) +</p> + +</div> + +<span class="tei tei-pb" id="page110">[pg 110]</span><a name="Pg110" id="Pg110" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, XVII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 404) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, January 20, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Massachusetts Convention.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As it is essentially necessary to the happiness of a free people, +that the constitution of government should be established in +principles of truth, I have endeavoured, in a series of papers, to +discuss the proposed form with that degree of freedom which becomes +a faithful citizen of the commonwealth. It must be obvious +to the most careless observer that the friends of the new plan +appear to have nothing more in view than to establish it by a +popular current, without any regard to the truth of its principles. +Propositions, novel, erroneous and dangerous, are boldly advanced +to support a system, which does not appear to be founded in, but +in every instance to contradict, the experience of mankind. We +are told that a constitution is in itself a bill of rights; that all +power not expressly given, is reserved; that no powers are given +to the new government which are not already vested in the state +governments, and that it is for the security of liberty that the persons +elected should have the absolute controul over the time, +manner and place of election. These, and an hundred other +things of a like kind, though they have gained the hasty assent +of men, respectable for learning and ability, are false in themselves +and invented merely to serve a present purpose. This will, I +trust, clearly appear from the following considerations: +</p> + +<span class="tei tei-pb" id="page111">[pg 111]</span><a name="Pg111" id="Pg111" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is common to consider man at first as in a state of nature, +separate from all society. The only historical evidence, that the +human species ever actually existed in this state, is derived from +the book of Gen. There it is said, that Adam remained a +while alone. While the whole species was comprehended in his +person was the only instance in which this supposed state of +nature really existed. Ever since the completion of the first +pair, mankind appear as natural to associate with their own +species, as animals of any other kind herd together. Wherever +we meet with their settlements, they are found in clans. We are +therefore justified in saying, that a state of society is the natural +state of man. Wherever we find a settlement of men, we find +also some appearance of government. The state of government +is therefore as natural to mankind as a state of society. Government +and society appear to be co-eval. The most rude and artless +form of government is probably the most ancient. This we +find to be practised among the Indian tribes in America. With +them the whole authority of government is vested in the whole +tribe. Individuals depend upon their reputation of valour and +wisdom to give them influence. Their government is genuinely +democratical. This was probably the first kind of government +among mankind, as we meet with no mention of any other kind, +till royalty was introduced in the person of Nimrod. Immediately +after that time, the Asiatick nations seem to have departed +from the simple democracy, which is still retained by their +American brethren, and universally adopted the kingly form. +We do indeed meet with some vague rumors of an aristocracy +in India so late as the time of Alexander the Great. But such +stories are altogether uncertain and improbable. For in the time +of Abraham, who lived about sixteen hundred years before +Alexander, all the little nations mentioned in the Mosaick history +appear to be governed by kings. It does not appear from any +accounts of the Asiatick kingdoms that they have practised at +all upon the idea of a limited monarchy. The whole power of +society has been delegated to the kings; and though they may +be said to have constitutions of government, because the succession +to the crown is limited by certain rules, yet the people +<span class="tei tei-pb" id="page112">[pg 112]</span><a name="Pg112" id="Pg112" class="tei tei-anchor"></a> +are not benefitted by their constitutions, and enjoy no share of +civil liberty. The first attempt to reduce republicanism to a system, +appears to be made by Moses when he led the Israelites out +of Egypt. This government stood a considerable time, about +five centuries, till in a frenzy the people demanded a king, that +they might resemble the nations about them. They were dissatisfied +with their judges, and instead of changing the administration, +they madly changed their constitution. However they +might flatter themselves with the idea, that an high-spirited people +could get the power back again when they pleased; they +never did get it back, and they fared like the nations about them. +Their kings tyrannized over them for some centuries, till they +fell under a foreign yoke. This is the history of that nation. +With a change of names, it describes the progress of political +changes in other countries. The people are dazzled with the +splendour of distant monarchies, and a desire to share their glory +induces them to sacrifice their domestick happiness. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From this general view of the state of mankind it appears that +all the powers of government originally reside in the body of the +people; and that when they appoint certain persons to administer +the government, they delegate all the powers of government not +expressly reserved. Hence it appears that a constitution does +not in itself imply any more than a declaration of the relation +which the different parts of the government bear to each other, +but does not in any degree imply security to the rights of individuals. +This has been the uniform practice. In all doubtful cases +the decision is in favour of the government. It is therefore impertinent +to ask by what right government exercises powers not +expressly delegated. Mr. Wilson, the great oracle of federalism, +acknowledges, in his speech to the Philadelphians,<a id="noteref_28" name="noteref_28" href="#note_28"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">28</span></span></a> the truth of +these remarks, as they respect the state governments, but attempts +to set up a distinction between them and the continental government. +To anybody who will be at the trouble to read the new +system, it is evidently in the same situation as the state constitutions +now possess. It is a compact among the <em class="tei tei-emph"><span style="font-style: italic">people</span></em> for the purposes +<span class="tei tei-pb" id="page113">[pg 113]</span><a name="Pg113" id="Pg113" class="tei tei-anchor"></a> +of government, and not a compact between states. It begins +in the name of the people, and not of the states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been shown in the course of this paper, that when people +institute government, they of course delegate all rights not +expressly reserved. In our state constitution the bill of rights +consists of thirty articles. It is evident therefore that the new +constitution proposes to delegate greater powers than are granted +to our own government, sanguine as the person was who denied +it. The complaints against the separate governments, even by +the friends of the new plan, are not that they have not power +enough, but that they are disposed to make a bad use of what +power they have. Surely then they reason badly, when they +purpose to set up a government possess'd of much more extensive +powers than the present, and subjected to much smaller checks. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Bills of rights, reserved by authority of the people, are, I believe, +peculiar to America. A careful observance of the abuse +practised in other countries has had its just effect by inducing +our people to guard against them. We find the happiest consequences +to flow from it. The separate governments know their +powers, their objects, and operations. We are therefore not perpetually +tormented with new experiments. For a single instance +of abuse among us there are thousands in other countries. On +the other hand, the people know their rights, and feel happy in +the possession of their freedom, both civil and political. Active +industry is the consequence of their security, and within one year +the circumstances of the state and of individuals have improved +to a degree never before known in this commonwealth. Though +our bill of rights does not, perhaps, contain all the cases in which +power might be safely reserved, yet it affords a protection to the +persons and possessions of individuals not known in any foreign +country. In some respects the power of government is a little +too confined. In many other countries we find the people resisting +their governours for exercising their power in an unaccustomed +mode. But for want of a bill of rights the resistance is +always, by the principles of their government, a rebellion which +nothing but success can justify. In our constitution we have +aimed at delegating the necessary powers of government and +<span class="tei tei-pb" id="page114">[pg 114]</span><a name="Pg114" id="Pg114" class="tei tei-anchor"></a> +confining their operation to beneficial purposes. At present we +appear to have come very near the truth. Let us therefore have +wisdom and virtue enough to preserve it inviolate. It is a stale +contrivance, to get the people into a passion, in order to make +them sacrifice their liberty. Repentance always comes, but it +comes too late. Let us not flatter ourselves that we shall always +have good men to govern us. If we endeavour to be like other +nations we shall have more bad men than good ones to exercise +extensive powers. That circumstance alone will corrupt them. +While they fancy themselves the viceregents of God, they will +resemble him only in power, but will always depart from his +wisdom and goodness. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page115">[pg 115]</span><a name="Pg115" id="Pg115" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Agrippa, XVIII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Gazette, +(Number 406) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, February 5, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Massachusetts Convention.</span></span> +</p> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Gentlemen</span></span>,</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In my last address I ascertained, from historical records, the +following principles: that, in the original state of government, the +whole power resides in the whole body of the nation, that when +a people appoint certain persons to govern them, they delegate +their whole power; that a constitution is not in itself a bill of +rights; and that, whatever is the form of government, a bill of +rights is essential to the security of the persons and property of +the people. It is an idea favourable to the interest of mankind +at large, that government is founded in compact. Several instances +may be produced of it, but none is more remarkable than our +own. In general, I have chosen to apply to such facts as are in +the reach of my readers. For this purpose I have chiefly confined +myself to examples drawn from the history of our own +country, and to the Old Testament. It is in the power of every +reader to verify examples thus substantiated. Even in the remarkable +arguments on the fourth section, relative to the power +over election I was far from stating the worst of it, as it respects +the adverse party. A gentleman, respectable in many points, +but more especially for his systematick and perspicuous reasoning +in his profession, has repeatedly stated to the Convention, +among his reasons in favour of that section, that <em class="tei tei-emph"><span style="font-style: italic">the Rhode Island +assembly have for a considerable time past had a bill lying on their +</span><span class="tei tei-pb" id="page116">[pg 116]</span><a name="Pg116" id="Pg116" class="tei tei-anchor"></a><span style="font-style: italic"> +table for altering the manner of elections for representatives in that +state</span></em>.<a id="noteref_29" name="noteref_29" href="#note_29"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">29</span></span></a> +He has stated it with all the zeal of a person who believed +his argument to be a good one. But surely a <em class="tei tei-emph"><span style="font-style: italic">bill lying +on a table</span></em> can never be considered as any more than an <em class="tei tei-emph"><span style="font-style: italic">intention</span></em> +to pass it, and nobody pretends that it ever actually did pass. It +is in strictness only the intention of a part of the assembly, for +nobody can aver that it ever will pass. I write not with an intention +to deceive, but that the whole argument may be stated +fairly. Much eloquence and ingenuity have been employed in +shewing that side of the argument in favor of the proposed constitution, +but it ought to be considered that if we accept it upon mere +verbal explanations, we shall find ourselves deceived. I appeal to +the knowledge of every one, if it does not frequently happen, +that a law is interpreted in practice very differently from the intention +of the legislature. Hence arises the necessity of acts to +amend and explain former acts. This is not an inconvenience in +the common and ordinary business of legislation, but is a great +one in a constitution. A constitution is a legislative act of the +whole people. It is an excellence that it should be permanent, +otherwise we are exposed to perpetual insecurity from the fluctuation +of government. We should be in the same situation as +under absolute government, sometimes exposed to the pressure of +greater, and sometimes unprotected by the weaker power in the +sovereign. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is now generally understood that it is for the security of the +people that the powers of the government should be lodged in +different branches. By this means publick business will go on +when they all agree, and stop when they disagree. The advantage +of checks in government is thus manifested where the concurrence +of different branches is necessary to the same act, but +the advantage of a division of business is advantageous in other +respects. As in every extensive empire, local laws are necessary +to suit the different interests, no single legislature is adequate to +the business. All human capacities are limited to a narrow +space, and as no individual is capable of practising a great variety +of trades, no single legislature is capable of managing all the +<span class="tei tei-pb" id="page117">[pg 117]</span><a name="Pg117" id="Pg117" class="tei tei-anchor"></a> +variety of national and state concerns. Even if a legislature was +capable of it, the business of the judicial department must, from +the same cause, be slovenly done. Hence arises the necessity of +a division of the business into national and local. Each department +ought to have all the powers necessary for executing its +own business, under such limitations as tend to secure us from +any inequality in the operations of government. I know it is +often asked against whom in a government by representation is a +bill of rights to secure us? I answer, that such a government is +indeed a government by ourselves; but as a just government protects +all alike, it is necessary that the sober and industrious part +of the community should be defended from the rapacity and violence +of the vicious and idle. A bill of rights, therefore, ought to +set forth the purposes for which the compact is made, and serves +to secure the minority against the usurpation and tyranny of the +majority. It is a just observation of his excellency, doctor +Adams, in his learned defence of the American constitutions that +unbridled passions produce the same effect, whether in a king, +nobility, or a mob. The experience of all mankind has proved +the prevalence of a disposition to use power wantonly. It is +therefore as necessary to defend an individual against the majority +in a republick as against the king in a monarchy. Our state constitution +has wisely guarded this point. The present confederation +has also done it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I confess that I have yet seen no sufficient reason for not +amending the confederation, though I have weighed the argument +with candour; I think it would be much easier to amend it +than the new constitution. But this is a point on which men of +very respectable character differ. There is another point in +which nearly all agree, and that is, that the new constitution +would be better in many respects if it had been differently framed. +Here the question is not so much what the amendments ought +to be, as in what manner they shall be made; whether they +shall be made as conditions of our accepting the constitution, or +whether we shall first accept it, and then try to amend it. I can +hardly conceive that it should seriously be made a question. If +the first question, whether we will receive it as it stands, be +<span class="tei tei-pb" id="page118">[pg 118]</span><a name="Pg118" id="Pg118" class="tei tei-anchor"></a> +negatived, as it undoubtedly ought to be, while the conviction +remains that amendments are necessary; the next question will +be, what amendments shall be made? Here permit an individual, +who glories in being a citizen of Massachusetts, and who is +anxious that her character may remain undiminished, to propose +such articles as appear to him necessary for preserving the rights +of the state. He means not to retract anything with regard to +the expediency of amending the old confederation, and rejecting +the new one totally; but only to make a proposition which he +thinks comprehends the general idea of all parties. If the new +constitution means no more than the friends of it acknowledge, +they certainly can have no objection to affixing a declaration in +favor of the rights of states and of citizens, especially as a majority +of the states have not yet voted upon it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Resolved, that the constitution lately proposed for the United +States be received only upon the following conditions:</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“1. Congress shall have no power to alter the time, place or +manner of elections, nor any authority over elections, otherwise +than by fining such state as shall neglect to send its representatives +or senators, a sum not exceeding the expense of supporting +its representatives or senators one year.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“2. Congress shall not have the power of regulating the intercourse +between the states, nor to levy any direct tax on polls or +estates, or any excise.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“3. Congress shall not have power to try causes between a +state and citizens of another state, nor between citizens of different +states; nor to make any laws relative to the transfer of property +between those parties, nor any other matter which shall +originate in the body of any state.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“4. It shall be left to every state to make and execute its own +laws, except laws impairing contracts, which shall not be made +at all.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“5. Congress shall not incorporate any trading companies, nor +alienate the territory of any state. And no treaty, ordinance or +law of the United States shall be valid for these purposes.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“6. Each state shall have the command of its own militia.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“7. No continental army shall come within the limits of any +<span class="tei tei-pb" id="page119">[pg 119]</span><a name="Pg119" id="Pg119" class="tei tei-anchor"></a> +state, other than garrison to guard the publick stores, without +the consent of such states in time of peace.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“8. The president shall be chosen annually and shall serve but +one year, and shall be chosen successively from the different +states, changing every year.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“9. The judicial department shall be confined to cases in which +ambassadours are concerned, to cases depending upon treaties, +to offences committed upon the high seas, to the capture of +prizes, and to cases in which a foreigner residing in some foreign +country shall be a party, and an American state or citizen shall +be the other party, provided no suit shall be brought upon a state +note.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“10. Every state may emit bills of credit without making them +a tender, and may coin money, of silver, gold or copper, according +to the continental standard.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“11. No powers shall be exercised by Congress or the president +but such as are expressly given by this constitution and not +excepted against by this declaration. And any officer of the +United States offending against an individual state shall be held +accountable to such state, as any other citizen would be.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“12. No officer of Congress shall be free from arrest for debt +[but] by authority of the state in which the debt shall be due.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“13. Nothing in this constitution shall deprive a citizen of any +state of the benefit of the bill of rights established by the constitution +of the state in which he shall reside, and such bill of rights +shall be considered as valid in any court of the United States +where they shall be pleaded.</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“14. In all those causes which are triable before the continental +courts, the trial by jury shall be held sacred.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These at present appear to me the most important points to be +guarded. I have mentioned a reservation of excise to the separate +states, because it is necessary, that they should have some +way to discharge their own debts, and because it is placing them +in an humiliating & disgraceful situation to depute them to transact +the business of international government without the means +to carry it on. It is necessary also, as a check on the national +government, for it has hardly been known that any government +<span class="tei tei-pb" id="page120">[pg 120]</span><a name="Pg120" id="Pg120" class="tei tei-anchor"></a> +having the powers of war, peace, and revenue, has failed to engage +in needless and wanton expense. A reservation of this +kind is therefore necessary to preserve the importance of the state +governments: without this the extremes of the empire will in a +very short time sink into the same degradation and contempt +with respect to the middle state as Ireland, Scotland, & Wales, +are in with regard to England. All the men of genius and wealth +will resort to the seat of government, that will be center of revenue, +and of business, which the extremes will be drained to +supply. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is not mere vision, it is justified by the whole course of +things. We shall, therefore, if we neglect the present opportunity +to secure ourselves, only increase the number of proofs already +too many, that mankind are incapable of enjoying their +liberty. I have been the more particular in stating the amendments +to be made, because many gentlemen think it would be +preferable to receive the new system with corrections. I have +by this means brought the corrections into one view, and shown +several of the principal points in which it is unguarded. As it is +agreed, at least professedly, on all sides, that those rights should +be guarded, it is among the inferior questions in what manner it +is done, provided it is absolutely and effectually done. For my +own part, I am fully of opinion that it would be best to reject +this plan, and pass an explicit resolve, defining the powers of +Congress to regulate the intercourse between us and foreign nations, +under such restrictions as shall render their regulations +equal in all parts of the empire. The impost, if well collected, +would be fully equal to the interest of the foreign debt, and the +current charges of the national government. It is evidently for +our interest that the charges should be as small as possible. It is +also for our interest that the western lands should, as fast as possible, +be applied to the purpose of paying the home debt. Internal +taxation and that fund have already paid two-thirds of the +whole debt, notwithstanding the embarrassments usual at the end +of a war. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We are now rising fast above our difficulties; everything at +home has the appearance of improvement, government is well +<span class="tei tei-pb" id="page121">[pg 121]</span><a name="Pg121" id="Pg121" class="tei tei-anchor"></a> +established, manufactures increasing rapidly, and trade expanding. +Till since the peace we never sent a ship to India, and the +present year, it is said, sends above a dozen vessels from this state +only, to the countries round the Indian ocean. Vast quantities +of our produce are exported to those countries. It has been so +much the practice of European nations to farm out this branch of +trade, that we ought to be exceedingly jealous of our right. The +manufactures of the state probably exceed in value one million +pounds for the last year. Most of the useful and some ornamental +fabricks are established. There is great danger of these improvements +being injured unless we practice extreme caution at +setting out. It will always be for the interest of the southern +states to raise a revenue from the more commercial ones. It is +said that the consumer pays it. But does not a commercial state +consume more foreign goods than a landed one? The people +are more crowded, and of consequence the land is less able to +support them. We know it is to be a favourite system to raise +the money where it is. But the money is to be expended at another +place, and is therefore so much withdrawn annually from +our stock. This is a single instance of the difference of interest; +it would be very easy to produce others. Innumerable as the +differences of manners, and these produce differences in the laws. +Uniformity in legislation is of no more importance than in religion. +Yet the framers of this new constitution did not even think +it necessary that the president should believe that there is a God, +although they require an oath of him. It would be easy to shew +the propriety of a general declaration upon that subject. But this +paper is already extended to so far [sic]. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Another reason which I had in stating the amendments to be +made, was to shew how nearly those who are for admitting the +system with the necessary alterations, agree with those who are +for rejecting this system and amending the confederation. In +point of convenience, the confederation amended would be infinitely +preferable to the proposed constitution. In amending the +former, we know the powers granted, and are subject to no perplexity; +but in reforming the latter, the business is excessively +intricate, and great part of the checks on Congress are lost. It +<span class="tei tei-pb" id="page122">[pg 122]</span><a name="Pg122" id="Pg122" class="tei tei-anchor"></a> +is to be remembered too, that if you are so far charmed with eloquence, +and misled by fair representations and charitable constructions, +as to adopt an undefined system, there will be no saying +afterwards that you were mistaken, and wish to correct it. +<em class="tei tei-emph"><span style="font-style: italic">It will then be the constitution of our country, and entitled to defence.</span></em> +If Congress should chuse to avail themselves of a popular +commotion to continue in being, as the fourth section justifies, +and as the British parliament has repeatedly done, the only answer +will be, that it is the constitution of our country, and the +people chose it. It is therefore necessary to be exceedingly critical. +Whatsoever way shall be chosen to secure our rights, the +same resolve ought to contain the whole system of amendment. +If it is rejected, the resolve should contain the amendations of the +old system; and if accepted, it should contain the corrections of +the new one. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Agrippa.</span></span> +</p> + +<div class="tei tei-tb"><hr style="width: 50%" /></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">A writer in the Gazette of 29th January, under the signature of Captain +M</span><span class="tei tei-hi"><span style="font-style: italic; vertical-align: super">c</span></span><span style="font-style: italic">Daniel, +having with civility and apparent candour, called for an explanation +of what was said in one of my former papers, I have chosen to mention him with +respect, as the only one of my reviewers who deserves an answer.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page123">[pg 123]</span><a name="Pg123" id="Pg123" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc7" id="toc7"></a> +<a name="pdf8" id="pdf8"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Replies To The Strictures Of A Landholder, By Elbridge Gerry.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In +The Massachusetts Centinel,<br /> +And<br /> +The American Herald,<br /> +January-April 1788. +</p> + +<span class="tei tei-pb" id="page125">[pg 125]</span><a name="Pg125" id="Pg125" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The refusal of Gerry to sign or support the Constitution, being +the only northern member of the federal convention to do so, +made him the general target of attack by the federal writers of +New England. To most of these Gerry paid no attention, but +the charges of <span class="tei tei-q">“A Landholder”</span> were so positive, and so evidently +written by a fellow member of the federal convention, that an +answer was necessary. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To neither of the two pieces here printed did Gerry put his +name, but the subject and internal evidence are both conclusive +that they were written by him. Not being able to find a copy of +the <span class="tei tei-hi"><span style="font-style: italic">American Herald</span></span>, I have been compelled to reprint the +second article from the <span class="tei tei-hi"><span style="font-style: italic">New York Journal</span></span>. For more on this +subject see the letters of A Landholder and of Luther Martin in +this collection. +</p> + +</div> + +<span class="tei tei-pb" id="page127">[pg 127]</span><a name="Pg127" id="Pg127" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Reply To A Landholder, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Massachusetts Centinel, +(Number 32 of Volume VIII) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Saturday, January 5, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Mr. Russell</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You are desired to inform the publick from good authority, +that Mr. <span class="tei tei-hi"><span style="font-variant: small-caps">Gerry</span></span>, by giving his dissent to the proposed +Constitution, could have no motives for preserving an office, for he +holds none under the United States, or any of them; that he has +not, as has been asserted, exchanged Continental for State Securities, +and if he had, it would have been for his interest to have +supported the new system, because thereby the states are restrained +from impairing the obligation of contracts, and by a +transfer of such securities, they may be recovered in the new +federal court; that he never heard, in the Convention, a motion +made, much less did make any, <span class="tei tei-q">“for the redemption of the old +continental money;”</span> but that he proposed the public debt should +be made neither better nor worse by the new system, but stand +precisely on the same ground by the Articles of Confederation; +that had there been such a motion, he was not interested in it, as +he did not then, neither does he now, own the value of ten pounds +in continental money; that he neither was called on for his reasons +for not signing, but stated them fully in the progress of the +business. His objections are chiefly contained in his letter to the +Legislature; that he believes his colleagues men of too much +honour to assert what is not truth; that his reasons in the Convention +<span class="tei tei-q">“were totally different from those which he published,”</span> +that his only motive for dissenting from the Constitution, was a +<span class="tei tei-pb" id="page128">[pg 128]</span><a name="Pg128" id="Pg128" class="tei tei-anchor"></a> +firm persuasion that it would endanger the liberties of America; +that if the people are of a different opinion, they have a right to +adopt; but he was not authorized to an act, which appeared to +him was a surrender of their liberties; that a representative of a +free state, he was bound in honour to vote according to his idea +of her true interest, and that he should do the same in similar +circumstances. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Cambridge, January 3, 1788.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page129">[pg 129]</span><a name="Pg129" id="Pg129" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Reply To A Landholder, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2282) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Wednesday, April 30, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From the American Herald, printed at Boston. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Mr. Greenleaf</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As the Connecticut Landholder's publications are dispersed +throughout the state, it will be useful for the sake of truth to +publish the following. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Public.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An elegant writer, under the signature of <span class="tei tei-q">“A Landholder,”</span> +having in a series of publications, with a modesty and delicacy +peculiar to himself, undertaken to instruct members of legislatures, +executives, and conventions, in their duty respecting the +new constitution, is, in stating facts, unfortunate, in being repeatedly +detected in errors; but his perseverance therein does honor +<span class="tei tei-q">“to his magnanimity,”</span> and reminds me of Dr. Sangerado (in Gil +Blas) who being advised to alter his practice, as it was founded +on false principles and destructive to his patients, firmly determined +to pursue it, because he had written a book in support of +it. Had our learned author, the modern Sangerado, confined +himself to facts and to reasoning on the constitution, he might +have continued to write without interruption from its opposers, +until by instructing others, he had obtained that instruction which +he seems to need, or a temporary relief from the inenviable malady, +the cacoethes scribendi; but his frequent misrepresentations +having exposed him to suspicions that as a disciple of Mandeville +<span class="tei tei-pb" id="page130">[pg 130]</span><a name="Pg130" id="Pg130" class="tei tei-anchor"></a> +he was an advocate for vice, or that to correct his curiosity +some humourist has palmed on him a spurious history of the +proceedings of the federal convention, and exhibited his credulity +as a subject of ridicule, it is proper to set him right in facts, +which, in almost every instance he has misstated. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In a late address to the honorable Luther Martin, Esquire, the +Landholder has asserted, that Mr. Gerry <span class="tei tei-q">“uniformly opposed Mr. +Martin's principles,”</span> but this is a circumstance wholly unknown +to Mr. Gerry, until he was informed of it by the Connecticut +Landholder; indeed Mr. Gerry from the first acquaintance with +Mr. Martin, has <span class="tei tei-q">“uniformly had a friendship for him.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This writer has also asserted, <span class="tei tei-q">“that the day Mr. Martin took +his seat in convention, without requesting information, or to be +let into the reasons of the adoption of what he might not approve, +he opened against them in a speech which held during +two days.”</span> But the facts are, that Mr. Martin had been a considerable +time in convention before he spoke; that when he entered +into the debates he appeared not to need <span class="tei tei-q">“information,”</span> as he +was fully possessed of the subject; and that his speech, if published, +would do him great honor. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Another assertion of this famous writer is, that Mr. Gerry in +<span class="tei tei-q">“a sarcastical reply, admired the strength of Mr. Martin's lungs, +and his profound knowledge in the first principles of government;”</span> +that <span class="tei tei-q">“this reply”</span> <span class="tei tei-q">“left him a prey to the most humiliating +reflections; but these did not teach him to bound his future +speeches by the lines of moderation; for the very next day he exhibited, +without a blush, another specimen of eternal volubility.”</span> +This is so remote from the truth, that no such reply was made by +Mr. Gerry to Mr. Martin, or to any member of the convention; +on the contrary, Mr. Martin, on the first day he spoke, about the +time of adjournment, signified to the convention that the heat of +the season, and his indisposition prevented his proceeding, and +the house adjourned without further debate, or a reply to Mr. +Martin from any member whatever. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Again, the Landholder has asserted that Mr. Martin voted <span class="tei tei-q">“an +appeal should lay to the supreme judiciary of the United States +for the correction of all errors both in law and fact,”</span> and <span class="tei tei-q">“agreed +<span class="tei tei-pb" id="page131">[pg 131]</span><a name="Pg131" id="Pg131" class="tei tei-anchor"></a> +to the clause that declares nine states to be sufficient to put the +government in motion;”</span> and in a note says, <span class="tei tei-q">“Mr. Gerry agreed +with Mr. Martin on these questions.”</span> Whether there is any truth +in the assertions as they relate to Mr. Martin, he can best determine; +but as they respect Mr. Gerry, they reverse the facts; for +he not only voted against the first proposition (which is not stated +by the Landholder, with the accuracy requisite for a writer on government) +but contended for jury trials in civil cases, and declared +his opinion, that a federal judiciary with the powers above mentioned, +would be as oppressive and dangerous, as the establishment +of a star-chamber, and as to the clause that <span class="tei tei-q">“declares nine +states to be sufficient to put the government in motion,”</span> Mr. +Gerry was so much opposed to it, as to vote against it in the first +instance, and afterwards to move for a reconsideration of it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Landholder having in a former publication asserted <span class="tei tei-q">“that +Mr. Gerry introduced a motion, respecting the redemption of old +continental money”</span> and the public having been informed by a +paragraph in the Massachusetts Centinel, No. 32, of vol. 8, as +well as by the honorable Mr. Martin, that neither Mr. Gerry, or +any other member, had introduced such a proposition, the Landholder +now says that <span class="tei tei-q">“out of 126 days, Mr. Martin attended only +66,”</span> and then enquires <span class="tei tei-q">“whether it is to be presumed that Mr. +Martin could have been minutely informed, of all that happened +in convention, and committees of convention, during the sixty +days of absence?”</span> and <span class="tei tei-q">“Why is it that we do not see Mr. McHenry's +verification of his assertion, who was of the committee +for considering a provision for the debts of the union?”</span> But if +these enquiries were intended for subterfuges, unfortunately for +the Landholder, they will not avail him: for, had Mr. Martin not +been present at the debates on this subject, the fact is, that Mr. +Gerry was not on a committee with Mr. McHenry, or with any +other person, for considering a provision for the debts of the +union, or any provision that related to the subject of old continental +money; neither did he make any proposition, in convention, +committee, or on any occasion, to any member of convention +or other person, respecting the redemption of such money; +and the assertions of the Landholder to the contrary, are altogether +destitute of the shadow of truth. +</p> + +<span class="tei tei-pb" id="page132">[pg 132]</span><a name="Pg132" id="Pg132" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Landholder addressing Mr. Martin, further says, <span class="tei tei-q">“Your +reply to my second charge against Mr. Gerry, may be soon dismissed: +compare his letter to the legislature of his state, with +your defence, and you will find, that you have put into his mouth, +objections different from anything it contains, so that if your representation +be true, his must be false.”</span> The objections referred +to, are those mentioned by Mr. Martin, as being made by Mr. +Gerry, against the supreme power of Congress over the militia. +Mr. Gerry, in his letter to the legislature, states as an objection, +<span class="tei tei-q">“That some of the powers of the federal legislature are ambiguous, +and others (meaning the unlimited power of Congress, to +keep up a standing army, in time of peace, and their entire controul +of the militia) are indefinite and dangerous.”</span> Against both +these did Mr. Gerry warmly contend, and why his representations +must be false, if Mr. Martin's are true, which particularized +what Mr. Gerry's stated generally, can only be discovered by +such a profound reasoner, as the Connecticut Landholder. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The vanity of this writer, in supposing that his charges would +be the subject of constitutional investigation, can only be equalled +by his impertinence, in interfering with the politics of other states, +or by his ignorance, in supposing a state convention could take +cognizance of such matters as he calls charges, and that Mr. +Gerry required a formal defence, or the assistance of his colleagues, +to defeat the unprovoked and libellous attacks of the +Landholder, or any other unprincipled reviler. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The landholder says: <span class="tei tei-q">“That Mr. Martin thought the deputy +attorney-general of the United States, for the state of Maryland, +destined for a different character, and that inspired him with the +hope that he might derive from a desperate opposition, what he +saw no prospect of gaining by a contrary conduct;”</span> but the landholder +ventures to predict, <span class="tei tei-q">“that though Mr. Martin was to double +his efforts he would fail in his object.”</span> By this we may form +some estimate of the patriotism of the landholder, for, whilst he +so readily resolves Mr. Martin's conduct into a manœuvre for +office, he gives too much reason to suppose, that he himself has +no idea of any other motive in conducting politicks. But how +can the landholder ascertain, that <span class="tei tei-q">“Mr. Martin thought”</span> the +<span class="tei tei-pb" id="page133">[pg 133]</span><a name="Pg133" id="Pg133" class="tei tei-anchor"></a> +office mentioned <span class="tei tei-q">“destined for a different character?”</span> Was the +landholder present at the destination? If so, it was natural for +him, knowing there was a combination against Mr. Martin (however +remote this gentleman was from discovering it) to suppose +his accidental opposition to the complotters, proceeded from a +discovery of the plot. Surely the landholder must have some +reason for his conjecture respecting the motives of Mr. Martin's +conduct, or to be subject to the charge of publishing calumny, +knowing it to be such. If then, this great statesman was in a +secret, which has been long impenetrable, he is now entitled to +the honor of giving the public the most important information +they have received, concerning the origin of the new constitution, +and having candidly informed them who is not, he ought to inform +who is to fill that office, and all others of the new federal +government. It may then, in some measure be ascertained, what +individuals have supported the constitution on principles of patriotism, +and who under this guise have been only squabbling for +office. Perhaps we shall find that the landholder is to have the +contract for supplying the standing army under the new government, +and that many others, who have recurred to abuse on this +occasion, have some such happy prospects; indeed the landholder +puts it beyond a doubt, if we can believe him, that it was +determined in the privy council of this federal convention, that +however Mr. Martin might advocate the new constitution, he +should not have the office mentioned; for if this was not the case, +how can the landholder so roundly assert that Mr. Martin could +have no prospect by a contrary conduct of gaining the office, and +so remarkably sanguine is the landholder, that the members of +the privy council would be senators of the new Congress, in +which case the elections would undoubtedly be made according +to the conventional list of nominations, as that he ventures to +predict, though Mr. Martin was to double his efforts, he would +fail in his object. Thus whilst this blazing star of federalism is +taking great pains to hold up Mr. Gerry and Mr. Mason, as having +held private meetings <span class="tei tei-q">“to aggrandize old Massachusetts and +the antient dominion”</span> he has confessed enough to shew that his +private meetings were solely to aggrandize himself. +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page135">[pg 135]</span><a name="Pg135" id="Pg135" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc9" id="toc9"></a> +<a name="pdf10" id="pdf10"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of A Landholder, Written By Oliver Ellsworth.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The Connecticut Courant<br /> +And<br /> +The American Mercury,<br /> +November, 1787-March, 1788. +</p> + +<span class="tei tei-pb" id="page137">[pg 137]</span><a name="Pg137" id="Pg137" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The letters of a Landholder were so obviously written by a +a member of the federal convention, that their authorship could +not long remain a secret. They were published simultaneously in +the <span class="tei tei-hi"><span style="font-style: italic">Connecticut Courant</span></span> at Hartford +and the <span class="tei tei-hi"><span style="font-style: italic">American Mercury</span></span> +at Litchfield, and this so clearly indicated Oliver Ellsworth as +the writer that they were at once credited to his pen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The letters had a very wide circulation, numbers being reprinted +as far north as New Hampshire, and as far south as +Maryland. They called out several replies, three of which, by +Gerry, Williams and Martin, are printed in this collection. +</p> + +</div> + +<span class="tei tei-pb" id="page139">[pg 139]</span><a name="Pg139" id="Pg139" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Landholder, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1189) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, November 5, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Holders and Tillers of Land.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The writer of the following passed the first part of his life in +mercantile employments, and by industry and economy acquired +a sufficient sum on retiring from trade to purchase and stock a +decent plantation, on which he now lives in the state of a farmer. +By his present employment he is interested in the prosperity of +agriculture, and those who derive a support from cultivating the +earth. An acquaintance with business has freed him from many +prejudices and jealousies, which he sees in his neighbors, who +have not intermingled with mankind, nor learned by experience +the method of managing an extensive circulating property. Conscious +of an honest intention he wishes to address his brethren +on some political subjects which now engage the public attention, +and will in the sequel greatly influence the value of landed property. +The new constitution for the United States is now before +the public, the people are to determine, and the people at large +generally determine right, when they have had means of information. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It proves the honesty and patriotism of the gentlemen who +composed the general Convention, that they chose to submit their +system to the people rather than the legislatures, whose decisions +are often influenced by men in the higher departments of government, +who have provided well for themselves and dread any +change least they should be injured by its operation. I would +<span class="tei tei-pb" id="page140">[pg 140]</span><a name="Pg140" id="Pg140" class="tei tei-anchor"></a> +not wish to exclude from a State Convention those gentlemen who +compose the higher branches of the assemblies in the several +states, but choose to see them stand on an even floor with their +brethren, where the artifice of a small number cannot negative a +vast majority of the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This danger was foreseen by the Federal Convention, and they +have wisely avoided it by appealing directly to the people. The +landholders and farmers are more than any other men concerned +in the present decision whether the proposed alteration is best +they are to determine; but that an alteration is necessary an +individual may assert. It may be assumed as a fixed truth that +the prosperity and riches of the farmer must depend on the prosperity, +and good national regulation of trade. Artful men may +insinuate the contrary—tell you let trade take care of itself, and +excite your jealousy against the merchant because his business +leads him to wear a gayer coat, than your economy directs. +But let your own experience refute such insinuations. Your +property and riches depend on a ready demand and generous +price for the produce you can annually spare. When and where +do you find this? Is it not where trade flourishes, and when the +merchant can freely export the produce of the country to such +parts of the world as will bring the richest return? When the +merchant doth not purchase, your produce is low, finds a dull +market—in vexation you call the trader a jocky, and curse the +men whom you ought to pity. A desire of gain is common to +mankind, and the general motive to business and industry. You +cannot expect many purchases when trade is restricted, and your +merchants are shut out from nine-tenths of the ports in the world. +While you depend on the mercy of foreign nations, you are the +first persons who will be humbled. Confined to a few foreign +ports they must sell low, or not at all; and can you expect they +will greedily buy in at a high price, the very articles which they +must sell under every restriction. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every foreign prohibition on American trade is aimed in the +most deadly manner against the holders and tillers of the land, +and they are the men made poor. Your only remedy is such a +national government as will make the country respectable; such +<span class="tei tei-pb" id="page141">[pg 141]</span><a name="Pg141" id="Pg141" class="tei tei-anchor"></a> +a supreme government as can boldly meet the supremacy of +proud and self-interested nations. The regulation of trade ever +was and ever will be a national matter. A single state in the +American union cannot direct much less control it. This must +be a work of the whole, and requires all the wisdom and force of +the continent, and until it is effected our commerce may be insulted +by every overgrown merchant in Europe. Think not the +evil will rest on your merchants alone; it may distress them, but +it will destroy those who cultivate the earth. Their produce will +bear a low price, and require bad pay; the laborer will not find +employment; the value of lands will fall, and the landholder become +poor. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +While our shipping rots at home by being prohibited from +ports abroad, foreigners will bring you such articles and at such +price as they please. Even the necessary article of salt has the +present year, been chiefly imported in foreign bottoms, and you +already feel the consequence, your flax-seed in barter has not returned +you more than two-thirds of the usual quantity. From +this beginning learn what is to come. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Blame not our merchants, the fault is not in them but in the +public. A Federal government of energy is the only means +which will deliver us, and now or never is your opportunity to +establish it, on such a basis as will preserve your liberty and +riches. Think not that time without your own exertions will +remedy the disorder. Other nations will be pleased with your +poverty; they know the advantage of commanding trade, and +carrying in their own bottoms. By these means they can govern +prices and breed up a hardy race of seamen, to man their +ships of war when they wish again to conquer you by arms. It +is strange the holders and tillers of the land have had patience so +long. They are men of resolution as well as patience, and will +I presume be no longer deluded by British emissaries, and those +men who think their own offices will be hazarded by any change +in the constitution. Having opportunity, they will coolly demand +a government which can protect what they have bravely defended +in war. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page142">[pg 142]</span><a name="Pg142" id="Pg142" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Landholder, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1190) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, November 12, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Holder and Tillers of Land.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You were told in the late war that peace and Independence +would reward your toil, and that riches would accompany the +establishment of your liberties, by opening a wider market, and +consequently raising the price of such commodities as America +produces for exportation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Such a conclusion appeared just and natural. We had been +restrained by the British to trade only with themselves, who often +re-exported to other nations, at a high advance, the raw materials +they have procured from us. This advance we designed to +realize, but our expectation has been disappointed. The produce +of the country is in general down to the old price, and bids fair +to fall much lower. It is time for those who till the earth in the +sweat of their brow to enquire the cause. And we shall find it +neither in the merchant or farmer, but in a bad system of policy +and government, or rather in having no system at all. When we +call ourselves an independent nation it is false, we are neither a +nation, nor are we independent. Like thirteen contentious neighbors +we devour and take every advantage of each other, and are +without that system of policy which gives safety and strength, +and constitutes a national structure. Once we were dependent +only on Great Britain, now we are dependent on every petty state +<span class="tei tei-pb" id="page143">[pg 143]</span><a name="Pg143" id="Pg143" class="tei tei-anchor"></a> +in the world and on every custom house officer of foreign ports. +If the injured apply for redress to the assemblies of the several +states, it is in vain, for they are not, and cannot be known abroad. +If they apply to Congress, it is also vain, for however wise and +good that body may be, they have not power to vindicate either +themselves or their subjects. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Do not my countrymen fall into a passion on hearing these +truths, nor think your treatment unexampled. From the beginning +it hath been the case that people without policy will find +enough to take advantage of their weakness, and you are not the +first who have been devoured by their wiser neighbours, but perhaps +it is not too late for a remedy, we ought at least to make a +trial, and if we still die shall have this consolation in our last +hours, that we tried to live. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I can foresee that several classes of men will try to alarm your +fears, and however selfish their motives, we may expect that liberty, +the encroachments of power, and the inestimable privileges +of dear posterity will with them be fruitful topicks of argument. +As holy scripture is used in the exorcisms of Romish priests to +expel imaginary demons; so the most sacred words will be conjured +together to oppose evils which have no existence in the +new constitution, and which no man dare attempt to carry into +execution, among a people of so free a spirit as the Americans. +The first to oppose a federal government will be the old friends +Great Britain, who in their hearts cursed the prosperity of your +arms, and have ever since delighted in the perplexity of your +councils. Many of these men are still among us, and for several +years their hopes of a reunion with Britain have been high. +They rightly judge that nothing will so soon effect their wishes +as the deranged state we are now in, if it should continue. They +see that the merchant is weary of a government which cannot +protect his property, and that the farmer finding no benefit from +the revolution, begins to dread much evil; and they hope the +people will soon supplicate the protection of their old masters. +We may therefore expect that all the policy of these men will +center in defeating those measures which will protect the people, +and give system and force to American councils. I was lately +<span class="tei tei-pb" id="page144">[pg 144]</span><a name="Pg144" id="Pg144" class="tei tei-anchor"></a> +in a circle where the new constitution was discussed. All but +one man approved. He was full of trembling for the liberties of +poor America. It was strange! It was wondorous strange to +see his concern! After several of his arguments had been refuted +by an ingenious farmer in the company, but, says he, it is against +the treaty of peace, we received independence from Great Britain +on condition of our keeping the old constitution. Here the man +came out! We had beat the British with a bad frame of government, +and with a good one he feared we should eat them up. +Debtors in desperate circumstances, who have not resolution to +be either honest or industrious, will be the next men to take the +alarm. They have long been upheld by the property of their +creditors and the mercy of the public, and daily destroy a thousand +honest men who are unsuspicious. Paper money and tender +acts, is the only atmosphere in which they can breathe, and live. +This is now so generally known that by being a friend to such +measures a man effectually advertises himself as a bankrupt. +The opposition of these we expect, but for the sake of all honest +and industrious debtors, we most earnestly wish the proposed +constitution may pass, for whatever gives a new spring to business +will extricate them from their difficulties. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is another kind of people will be found in the opposition. +Men of much self importance and supposed skill in politics, who +are not of sufficient consequence to obtain public employment, +but can spread jealousies in the little districts of country where +they are placed. These are always jealous of men in place and +of public measures, and aim at making themselves consequential +by distrusting every one in the higher offices of society. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a strange madness of some persons, immediately to distrust +those who are raised by the free suffrages of the people, to +sustain powers which are absolutely necessary for public safety. +Why were they elevated but for a general reputation of wisdom +and integrity; and why should they be distrusted, until by ignorance +or some base action they have forfeited a right to our confidence? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To fear a general government or energetic principles least it +should create tyrants, when without such a government all have +<span class="tei tei-pb" id="page145">[pg 145]</span><a name="Pg145" id="Pg145" class="tei tei-anchor"></a> +an opportunity to become tyrants and avoid punishment, is fearing +the possibility of one act of oppression, more than the real +exercise of a thousand. But in the present case, men who have +lucrative and influential state offices, if they act from principles of +self-interest, will be tempted to oppose an alteration, which would +doubtless be beneficial to the people. To sink from a controlment +of finance, or any other great department of the state, thro' +want of ability or opportunity to act a part in the federal system, +must be a terrifying consideration. Believe not those who insinuate +that this is a scheme of great men to grasp more power. +The temptation is on the other side. Those in great offices never +wish to hazard their places by such a change. This is the +scheme of the people, and those high and worthy characters who +in obedience to the public voice offer the proposed amendment +of our federal constitution thus esteemed it, or they would have +determined state Conventions as the tribunal of ultimate decision. +This is the last opportunity you may have to adopt a government +which gives all protection to personal liberty, and at the same +time promises fair to afford you all the advantages of a sovereign +empire. While you deliberate with coolness, be not duped by +the artful surmises of such as from their own interest or prejudice +are blind to the public good. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page146">[pg 146]</span><a name="Pg146" id="Pg146" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Landholder, III.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1191) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, November 19, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Holders and Tillers of Land.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When we rushed to arms for preventing British usurpation, liberty +was the argument of every tongue. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This word would open all the resources of the country and +draw out a brigade of militia rapidly as the most decisive orders +of a despotic government. Liberty is a word which, according +as it is used, comprehends the most good and the most evil of +any in the world. Justly understood it is sacred next to those +which we appropriate in divine adoration; but in the mouths of +some it means anything, which enervate a necessary government; +excite a jealousy of the rulers who are our own choice, and keep +society in confusion for want of a power sufficiently concentered to +promote its good. It is not strange that the licentious should tell +us a government of energy is inconsistent with liberty, for being +inconsistent with their wishes and their vices, they would have us +think it contrary to human happiness. In the state this country +was left by the war, with want of experience in sovereignty, and +the feelings which the people then had; nothing but the scene +we had passed thro' could give a general conviction that an internal +government of strength is the only means of repressing external +violence, and preserving the national rights of the people +against the injustice of their own brethren. Even the common +duties of humanity will gradually go out of use, when the constitution +<span class="tei tei-pb" id="page147">[pg 147]</span><a name="Pg147" id="Pg147" class="tei tei-anchor"></a> +and laws of a country do not insure justice from the public +and between individuals. American experience, in our present +deranged state, hath again proved these great truths, which +have been verified in every age since men were made and became +sufficiently numerous to form into public bodies. A government +capable of controlling the whole, and bringing its force to +a point, is one of the prerequisites for national liberty. We combine +in society, with an expectation to have our persons and +properties defended against unreasonable exactions either at home +or abroad. If the public are unable to protest against the unjust +impositions of foreigners, in this case we do not enjoy our natural +rights, and a weakness of government is the cause. If we +mean to have our natural rights and properties protected, we +must first create a power which is able to do it, and in our case +there is no want of resources, but a civil constitution which may +draw them out and point their force. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The present question is, shall we have such a constitution or +not? We allow it to be a creation of power; but power when +necessary for our good is as much to be desired as the food we +eat or the air we breathe. Some men are mightily afraid of giving +power lest it should be improved for oppression; this is doubtless +possible, but where is the probability? The same objection +may be made against the constitution of every state in the union, +and against every possible mode of government; because a +power of doing good always implies a power to do evil if the +person or party be disposed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The right of the legislature to ordain laws binding on the +people, gives them a power to make bad laws. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The right of the judge to inflict punishment, gives him both +power and opportunity to oppress the innocent; yet none but +crazy men will from thence determine that it is best to have +neither a legislature nor judges. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If a power to promote the best interest of the people, necessarily +implies a power to do evil, we must never expect such a constitution +in theory as will not be open in some respects to the objections +of carping and jealous men. The new Constitution is +perhaps more cautiously guarded than any other in the world, +<span class="tei tei-pb" id="page148">[pg 148]</span><a name="Pg148" id="Pg148" class="tei tei-anchor"></a> +and at the same time creates a power which will be able to protect +the subject; yet doubtless objections may be raised, and so +they may against the constitution of each state in the union. In +Connecticut the laws are the constitution by which the people +are governed, and it is generally allowed to be the most free and +popular in the thirteen states. As this is the state in which I live +and write, I will instance several things which with a proper coloring +and a spice of jealousy appear most dangerous to the natural +rights of the people, yet they have never been dangerous in +practice, and are absolutely necessary at some times to prevent +much greater evil. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The right of taxation or of assessing and collecting money out of +the people, is one of those powers which may prove dangerous +in the exercise, and which by the new constitution is vested solely +in representatives chosen for that purpose. But by the laws of +Connecticut, this power called so dangerous may be exercised by +selectmen of each town, and this not only without their consent +but against their express will, where they have considered the +matter, and judge it improper. This power they may exercise +when and so often as they judge necessary! Three justices of the +quorum may tax a whole county in such sums as they think +meet, against the express will of all the inhabitants. Here we see +the dangerous power of taxation vested in the justices of the +quorum and even in selectmen, men whom we should suppose as +likely to err and tyrannize as the representatives of three millions +of people in solemn deliberation, and amenable to the vengeance of +their constituents, for every act of injustice. The same town officers +have equal authority where personal liberty is concerned, in +a matter more sacred than all the property in the world, the disposal +of your children. When they judge fit, with the advice of +one justice of the peace, they may tear them from the parent's embrace, +and place them under the absolute control of such masters +as they please; and if the parent's reluctance excites their resentment, +they may place him and his property under overseers. +Fifty other instances fearfull as these might be collected from the +laws of the state, but I will not repeat them lest my readers +should be alarmed where there is no danger. These regulations +<span class="tei tei-pb" id="page149">[pg 149]</span><a name="Pg149" id="Pg149" class="tei tei-anchor"></a> +are doubtless best; we have seen much good and no evil come +from them. I adduce these instances to shew, that the most free +constitution when made the subject of criticism may be exhibited +in frightful colors, and such attempts we must expect against that +now proposed. If, my countrymen, you wait for a constitution +which absolutely bars a power of doing evil, you must wait long, +and when obtained it will have no power of doing good. I allow +you are oppressed, but not from the quarter that jealous and +wrongheaded men would insinuate. You are oppressed by the +men, who to serve their own purposes would prefer the shadow +of government to the reality. You are oppressed for the want of +power which can protect commerce, encourage business, and create +a ready demand for the productions of your farms. You are +become poor; oppression continued will make wise men mad. +The landholders and farmers have long borne this oppression, we +have been patient and groaned in secret, but can promise for ourselves +no longer; unless relieved, madness may excite us to actions +we now dread. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page150">[pg 150]</span><a name="Pg150" id="Pg150" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, IV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1192) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, November 26, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Remarks on the objections made by the Hon. Elbridge Gerry, to +the new Constitution.</span></span><a id="noteref_30" name="noteref_30" href="#note_30"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">30</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Landholders and Farmers.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To censure a man for an opinion in which he declares himself +honest, and in a matter of which all men have a right to judge, is +highly injurious; at the same time, when the opinions even of +honorable men are submitted to the people, a tribunal before +which the meanest citizen hath a right to speak, they must abide +the consequence of public stricture. We are ignorant whether +the honorable gentlemen possesses state dignities or emoluments +which will be endangered by the new system, or hath motives of +personality to prejudice his mind and throw him into the opposition; +or if it be so, do not wish to evade the objections by such +a charge. As a member of the General Convention, and deputy +from a great state, this honorable person hath a right to speak +and be heard. It gives pleasure to know the extent of what may +be objected or even surmised, by one whose situation was the +best to espy danger, and mark the defective parts of the constitution +if any such there be. Mr. Gerry, tho' in the character of an +objector, tells us <span class="tei tei-q">“he was fully convinced that to preserve the +union an efficient government was indispensibly necessary, and +that it would be difficult to make proper amendments to the old +<span class="tei tei-pb" id="page151">[pg 151]</span><a name="Pg151" id="Pg151" class="tei tei-anchor"></a> +articles of confederation,”</span> therefore by his own confession there was +an indispensible necessity of a system, in many particulars entirely +new. He tells us further <span class="tei tei-q">“that if the people reject this altogether, +anarchy may ensue,”</span> and what situation can be pictured more +awful than a total dissolution of all government? Many defects +in the constitution had better be risked than to fall back into that +state of rude violence, in which every man's hand is against his +neighbor, and there is no judge to decide between them, or +power of justice to control. But we hope to shew that there are +no alarming defects in the proposed structure of government, and +that while a public force is created, the liberties of the people +have every possible guard. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Several of the honourable Gentlemen's objections are expressed +in such vague and indecisive terms, that they rather deserve the +name of insinuations, and we know not against what particular +parts of the system they are pointed. Others are explicit, and if +real deserve serious attention. His first objection is <span class="tei tei-q">“that there +is no adequate provision for representation of the people.”</span> This +must have respect either to the number of representatives, or to +the manner in which they are chosen. The proper number to +constitute a safe representation is a matter of judgment, in which +honest and wise men often disagree. Were it possible for all the +people to convene and give their personal assent, some would +think this the best mode of making laws, but in the present instance +it is impracticable. In towns and smaller districts where +all the people may meet conveniently and without expense this is +doubtless preferable. The state representation is composed of +one or two from every town and district, which composes an assembly +not so large as to be unwieldy in acting, nor so expensive +as to burden the people. But if so numerous a representation +were made from every part of the United States, with our +present population, the new Congress would consist of three +thousand men; with the population of Great Britain, to which we +may arrive in half a century, of ten thousand; and with the population +of France, which we shall probably equal in a century +and a half, of thirty thousand. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Such a body of men might be an army to defend the country +<span class="tei tei-pb" id="page152">[pg 152]</span><a name="Pg152" id="Pg152" class="tei tei-anchor"></a> +in case of foreign invasion, but not a legislature, and the expense +to support them would equal the whole national revenue. By +the proposed constitution the new Congress will consist of nearly +one hundred men; when our population is equal to Great Britain +of three hundred men, and when equal to France of nine hundred. +Plenty of Lawgivers! why any gentlemen should wish for +more is not conceivable. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Considering the immense territory of America, the objection +with many will be on the other side; that when the whole is +populated it will constitute a legislature unmanageable by its +numbers. Convention foreseeing this danger, have so worded +the article, that if the people should at any future time judge +necessary, they may diminish the representation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As the state legislatures have to regulate the internal policy of +every town and neighborhood, it is convenient enough to have +one or two men, particularly acquainted with every small district +of country, its interests, parties and passions. But the federal +legislature can take cognizance only of national questions and interests +which in their very nature are general, and for this purpose +five or ten honest and wise men chosen from each state; +men who have had previous experience in state legislation, will +be more competent than an hundred. From an acquaintance +with their own state legislatures, they will always know the sense +of the people at large, and the expense of supporting such a +number will be as much as we ought to incur. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If the Hon. gentleman, in saying <span class="tei tei-q">“there is not adequate provision +for the representation of the people,”</span> refers to the manner +of choosing them, a reply to this is naturally blended with its +second objection, that <span class="tei tei-q">“they would have no security for the right +of election.”</span> It is impossible to conceive what greater security +can be given, by any form of words, than we here find. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The federal representatives are to be chosen by the votes of the +people. Every freeman is an elector. The same qualification +which enables you to vote for state representatives, gives you a +federal voice. It is a right you cannot lose, unless you first +annihilate the state legislature, and declare yourself incapable of +electing, which is a degree of infatuation improbable as a second +deluge to drown the world. +</p> + +<span class="tei tei-pb" id="page153">[pg 153]</span><a name="Pg153" id="Pg153" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Your own assemblies are to regulate the formalities of this +choice, and unless they betray you, you cannot be betrayed. +But perhaps it may be said, Congress have a power to control +this formality as to the time and places of electing, and we allow +they have: but this objection which at first looks frightful was +designed as a guard to the privileges of the electors. Even state +assemblies may have their fits of madness and passion, this tho' +not probable is possible. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We have a recent instance in the state of Rhode Island, where +a desperate junto are governing contrary to the sense of a great +majority of the people. It may be the case in any other state, +and should it happen, that the ignorance or rashness of the state +assemblies, in a fit of jealousy, should deny you this sacred right, +the deliberate justice of the continent is enabled to interpose and +restore you a federal voice. This right is therefore more inviolably +guarded than it can be by the government of your state, for +it is guaranteed by the whole empire. Tho' out of the order in +which the Hon. gentleman proposes his doubts, I wish here to +notice some questions which he makes. The proposed plan +among others he tells us involves these questions: <span class="tei tei-q">“Whether the +several state governments, shall be so altered as in effect to be +dissolved? Whether in lieu of the state governments the national +constitution now proposed shall be substituted?”</span> I wish for sagacity +to see on what these questions are founded. No alteration +in the state governments is even now proposed, but they are to +remain identically the same that they are now. Some powers are +to be given into the hands of your federal representatives, but +these powers are all in their nature general, such as must be exercised +by the whole or not at all, and such as are absolutely +necessary; or your commerce, the price of your commodities, +your riches and your safety, will be the sport of every foreign adventurer. +Why are we told of the dissolution of our state governments, +when by this plan they are indissolubly linked? They +must stand or fall, live or die together. The national legislature +consists of two houses, a senate and house of representatives. +The senate is to be chosen by the assemblies of the particular +states; so that if the assemblies are dissolved, the senate dissolves +<span class="tei tei-pb" id="page154">[pg 154]</span><a name="Pg154" id="Pg154" class="tei tei-anchor"></a> +with them. The national representatives are to be chosen by the +same electors, and under the same qualifications, as choose the +state representatives; so that if the state representation be dissolved, +the national representation is gone of course. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +State representation and government is the very basis of the +congressional power proposed. This is the most valuable link in +the chain of connection, and affords double security for the rights +of the people. Your liberties are pledged to you by your own +state, and by the power of the whole empire. You have a voice +in the government of your own state, and in the government of +the whole. Were not the gentleman on whom the remarks are +made very honorable, and by the eminence of office raised above +a suspicion of cunning, we should think he had, in this instance, +insinuated merely to alarm the fears of the people. His other +objections will be mentioned in some future number of the: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Landholder</span></span>. +</p> + +</div> + +<span class="tei tei-pb" id="page155">[pg 155]</span><a name="Pg155" id="Pg155" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, V.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1193) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, December 3, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Continuation of Remarks on the Hon. Elbridge Gerry's Objections +to the new Constitution.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Landholders and Farmers.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is unhappy both for Mr. Gerry and the public, that he was +not more explicit in publishing his doubts. Certainly this must +have been from inattention, and not thro' any want of ability; as +all his honorable friends allow him to be a politician even of metaphysical +nicety. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In a question of such magnitude, every candid man will consent +to discuss objections, which are stated with perspicuity; but to +follow the honorable writer into the field of conjecture, and combat +phantoms, uncertain whether or not they are the same which +terrified him, is a task too laborious for patience itself. Such +must be the writer's situation in replying to the next objection, +<span class="tei tei-q">“that some of the powers of the legislature are ambiguous, and +others indefinite and dangerous.”</span> There are many powers given +to the legislature; if any of them are dangerous, the people have +a right to know which they are, and how they will operate, that +we may guard against the evil. The charge of being ambiguous +and indefinite may be brought against every human composition, +and necessarily arises from the imperfection of language. Perhaps +no two men will express the same sentiment in the same manner, +and by the same words; neither do they connect precisely the +same ideas with the same words. From hence arises an ambiguity +<span class="tei tei-pb" id="page156">[pg 156]</span><a name="Pg156" id="Pg156" class="tei tei-anchor"></a> +in all language, with which the most perspicuous and precise +writers are in a degree chargeable. Some persons never attain to +the happy art of perspicuous expression, and it is equally true +that some persons thro' a mental defect of their own, will judge +the most correct and certain language of others to be indefinite +and ambiguous. As Mr. Gerry is the first and only man who has +charged the new Constitution with ambiguousness, is there not +room to suspect that his understanding is different from other +men's, and whether it be better or worse, the Landholder presumes +not to decide. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is an excellency of this Constitution that it is expressed with +brevity, and in the plain, common language of mankind. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Had it swelled into the magnitude of a volume, there would +have been more room to entrap the unwary, and the people who +are to be its judges would have had neither patience nor opportunity +to understand it. Had it been expressed in the scientific language +of law, or those terms of art which we often find in political +compositions, to the honorable gentleman it might have appeared +more definite and less ambiguous; but to the great body of the +people altogether obscure, and to accept it they must leap into +the dark. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The people to whom in this case the great appeal is made, best +understand those compositions which are concise and in their +own language. Had the powers given to the legislature been +loaded with provisos, and such qualifications as a lawyer who is +so cunning as even to suspect himself, would probably have intermingled; +there would have been much more of a deception in the +case. It would not be difficult to shew that every power given +to the legislature is necessary for national defence and justice, and +to protect the rights of the people who create this authority for +their own advantage; but to consider each one particularly would +exceed the limits of my design. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I shall, therefore, select two powers given them, which have +been more abused to oppress and enslave mankind, than all the +others with which this or any legislature on earth is cloathed—the +right of taxation or of collecting money from the people; +and of raising and supporting armies. +</p> + +<span class="tei tei-pb" id="page157">[pg 157]</span><a name="Pg157" id="Pg157" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These are the powers which enable tyrants to scourge their +subjects; and they are also the very powers by which good rulers +protect the people against the violence of wicked and overgrown +citizens, and invasion by the rest of mankind. Judge candidly +what a wretched figure the American empire will exhibit in the +eye of other nations, without a power to array and support a +military force for its own protection. Half a dozen regiments +from Canada or New-Spain, might lay whole provinces under +contribution, while we were disputing who has power to pay and +raise an army. This power is also necessary to restrain the violence +of seditious citizens. A concurrence of circumstances frequently +enables a few disaffected persons to make great revolutions, +unless government is vested with the most extensive powers +of self-defence. Had Shays, the malcontent of Massachusetts, +been a man of genius, fortune and address, he might have conquered +that state, and by the aid of a little sedition in the other +states, and an army proud by victory, become the monarch and +tyrant of America. Fortunately he was checked; but should +jealousy prevent vesting these powers in the hands of men +chosen by yourselves, and who are under every constitutional +restraint, accident or design will in all probability raise up some +future Shays to be the tyrant of your children. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A people cannot long retain their freedom, whose government +is incapable of protecting them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The power of collecting money from the people, is not to be +rejected because it has sometimes been oppressive. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Public credit is as necessary for the prosperity of a nation as +private credit is for the support and wealth of a family. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We are this day many millions poorer than we should have +been had a well arranged government taken place at the conclusion +of the war. All have shared in this loss, but none in so great +proportion as the landholders and farmers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The public must be served in various departments. Who +will serve them without a meet recompense? Who will +go to war and pay the charges of his own warfare? What man +will any longer take empty promises of reward from those, who +have no constitutional power to reward or means of fulfilling +<span class="tei tei-pb" id="page158">[pg 158]</span><a name="Pg158" id="Pg158" class="tei tei-anchor"></a> +them? Promises have done their utmost, more than they ever +did in any other age or country. The delusive bubble has broke, +and in breaking has beggared thousands, and left you an unprotected +people; numerous without force, and full of resources but +unable to command one of them. For these purposes there +must be a general treasury, with a power to replenish it as often +as necessity requires. And where can this power be more safely +vested, than in the common legislature, men chosen by yourselves +from every part of the union, and who have the confidence +of their several states; men who must share in the burdens they +impose on others; men who by a seat in Congress are incapable +of holding any office under the states, which might prove a +temptation to spoil the people for increasing their own income? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We find another objection to be <span class="tei tei-q">“that the executive is blended +with and will have an undue influence over the legislature.”</span> On +examination you will find this objection unfounded. The supreme +executive is vested in a President of the United States; +every bill that hath passed the senate and representatives, must +be presented to the president, and if he approve it becomes law. +If he disapproves, but makes no return within ten days, it still +becomes law. If he returns the bill with his objections, the senate +and representatives consider it a second time, and if two-thirds +of them adhere to the first resolution it becomes law notwithstanding +the president's dissent. We allow the president +hath an influence, tho' strictly speaking he hath not a legislative +voice; and think such an influence must be salutary. In the +president all the executive departments meet, and he will be a +channel of communication between those who make and those +who execute the laws. Many things look fair in theory which in +practice are impossible. If lawmakers, in every instance, before +their final decree, had the opinion of those who are to execute +them, it would prevent a thousand absurd ordinances, which are +solemnly made, only to be repealed, and lessen the dignity of +legislation in the eyes of mankind. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The vice-president is not an executive officer while the president +is in discharge of his duty, and when he is called to preside +his legislative voice ceases. In no other instance is there even +the shadow of blending or influence between the two departments. +</p> + +<span class="tei tei-pb" id="page159">[pg 159]</span><a name="Pg159" id="Pg159" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We are further told <span class="tei tei-q">“that the judicial departments, or those +courts of law, to be instituted by Congress, will be oppressive.”</span> +We allow it to be possible, but from whence arises the probability +of this event? State judges may be corrupt, and juries may be +prejudiced and ignorant, but these instances are not common; +and why shall we suppose they will be more frequent under a +national appointment and influence, when the eyes of a whole +empire are watching for their detection? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Their courts are not to intermeddle with your internal policy, +and will have cognizance only of those subjects which are placed +under the control of a national legislature. It is as necessary +there should be courts of law and executive officers, to carry into +effect the laws of the nation, as that there be courts and officers to +execute the laws made by your state assemblies. There are many +reasons why their decisions ought not to be left to courts instituted +by particular states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A perfect uniformity must be observed thro' the whole union, +or jealousy and unrighteousness will take place; and for a uniformity +one judiciary must pervade the whole. The inhabitants +of one state will not have confidence in judges appointed by the +legislature of another state, in which they have no voice. Judges +who owe their appointment and support to one state, will be unduly +influenced, and not reverence the laws of the union. It will +at any time be in the power of the smallest state, by interdicting +their own judiciary, to defeat the measures, defraud the revenue, +and annul the most sacred laws of the whole empire. A legislative +power, without a judicial and executive under their own control, +is in the nature of things a nullity. Congress under the old +confederation had power to ordain and resolve, but having no +judicial or executive of their own, their most solemn resolves +were totally disregarded. The little state of Rhode Island was +purposely left by Heaven to its present madness, for a general +conviction in the other states, that such a system as is now proposed +is our only preservation from ruin. What respect can any +one think would be paid to national laws, by judicial and executive +officers who are amenable only to the present assembly of Rhode +Island? The rebellion of Shays and the present measures of +<span class="tei tei-pb" id="page160">[pg 160]</span><a name="Pg160" id="Pg160" class="tei tei-anchor"></a> +Rhode Island ought to convince us that a national legislature, +judiciary and executive, must be united, or the whole is but a +name; and that we must have these, or soon be hewers of wood +and drawers of water for all other people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In all these matters and powers given to Congress, their ordinances +must be the supreme law of the land, or they are nothing. +They must have authority to enact any laws for executing their +own powers, or those powers will be evaded by the artful and +unjust, and the dishonest trader will defraud the public of its revenue. +As we have every reason to think this system was honestly +planned, we ought to hope it may be honestly and justly +executed. I am sensible that speculation is always liable to +error. If there be any capital defects in this constitution, it is +most probable that experience alone will discover them. Provision +is made for an alteration if, on trial, it be found necessary. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When your children see the candor and greatness of mind, +with which you lay the foundation, they will be inspired with +equity to furnish and adorn the superstructure. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page161">[pg 161]</span><a name="Pg161" id="Pg161" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, VI.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1194) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, December 10, 1787.</span></span> +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +He that is first in his own cause seemeth just; but his neighbor cometh and searcheth +him. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Landholders and Farmers:</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The publication of Col. Mason's<a id="noteref_31" name="noteref_31" href="#note_31"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">31</span></span></a> +reasons for not signing the +new Constitution, has extorted some truths that would otherwise +in all probability have remained unknown to us all. His reasons, +like Mr. Gerry's, are most of them <span class="tei tei-hi"><span style="font-style: italic">ex post facto</span></span>, have been revised +in New Y——k by R. H. L.<a id="noteref_32" name="noteref_32" href="#note_32"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">32</span></span></a> +and by him brought into their present +artful and insidious form. The factious spirit of R. H. L., his +implacable hatred to General Washington, his well-known intrigues +against him in the late war, his attempts to displace him +and give the command of the American army to General Lee, is +so recent in your minds it is not necessary to repeat them. He +is supposed to be the author of most of the scurrility poured out +in the New-York papers against the new constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Just at the close of the Convention, whose proceedings in general +were zealously supported by Mr. Mason, he moved for a +clause that no navigation act should ever be passed but with the +consent of two thirds of both branches;<a id="noteref_33" name="noteref_33" href="#note_33"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">33</span></span></a> +urging that a navigation +act might otherwise be passed excluding foreign bottoms from +<span class="tei tei-pb" id="page162">[pg 162]</span><a name="Pg162" id="Pg162" class="tei tei-anchor"></a> +carrying American produce to market, and throw a monopoly of +the carrying business into the hands of the eastern states who +attend to navigation, and that such an exclusion of foreigners +would raise the freight of the produce of the southern states, and +for these reasons Mr. Mason would have it in the power of the +southern states to prevent any navigation act. This clause, as +unequal and partial in the extreme to the southern states, was +rejected; because it ought to be left on the same footing with +other national concerns, and because no state would have a right +to complain of a navigation act which should leave the carrying +business equally open to them all. Those who preferred cultivating +their lands would do so; those who chose to navigate and +become carriers would do that. The loss of this question determined +Mr. Mason against the signing the doings of the convention, +and is undoubtedly among his reasons as drawn for the +southern states; but for the eastern states this reason would not +do.<a id="noteref_34" name="noteref_34" href="#note_34"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">34</span></span></a> +It would convince us that Mr. Mason preferred the subjects +of every foreign power to the subjects of the United States who +live in New-England; even the British who lately ravaged Virginia—that +Virginia, my countrymen, where your relations lavished +their blood—where your sons laid down their lives to secure +to her and us the freedom and independence in which we +now rejoice, and which can only be continued to us by a firm, +equal and effective union. But do not believe that the people of +Virginia are all thus selfish: No, there is a Washington, a Blair, +a Madison and a Lee, (not R. H. L.) and I am persuaded there is +a majority of liberal, just and federal men in Virginia, who, whatever +their sentiments may be of the new constitution, will despise +the artful injustice contained in Col. Mason's reasons as published +in the Connecticut papers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">The President of the United States has no council, etc.</span></span>, says Col. +Mason. His proposed council<a id="noteref_35" name="noteref_35" href="#note_35"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">35</span></span></a> would have been expensive—they +<span class="tei tei-pb" id="page163">[pg 163]</span><a name="Pg163" id="Pg163" class="tei tei-anchor"></a> +must constantly attend the president, because the president +constantly acts. This council must have been composed of great +characters, who could not be kept attending without great salaries, +and if their opinions were binding on the president his responsibility +would be destroyed—if divided, prevent vigor and +dispatch—if not binding, they would be no security. The states +who have had such councils have found them useless, and complain +of them as a dead weight. In others, as in England, the +supreme executive advises when and with whom he pleases; if +any information is wanted, the heads of the departments who are +always at hand can best give it, and from the manner of their appointment +will be trustworthy. Secrecy, vigor, dispatch and responsibility, +require that the supreme executive should be one +person, and unfettered otherwise than by the laws he is to execute. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">There is no Declaration of Rights.</span></em> Bills of Rights were introduced +in England when its kings claimed all power and jurisdiction, +and were considered by them as grants to the people. They +are insignificant since government is considered as originating +from the people, and all the power government now has is a +grant from the people. The constitution they establish with +powers limited and defined, becomes now to the legislator and +magistrate, what originally a bill of rights was to the people. To +have inserted in this constitution a bill of rights for the states, +would suppose them to derive and hold their rights from the federal +government, when the reverse is the case. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">There is to be no ex post facto laws.</span></em> This was moved by Mr. +Gerry and supported by Mr. Mason,<a id="noteref_36" name="noteref_36" href="#note_36"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">36</span></span></a> and is exceptional only as +being unnecessary; for it ought not to be presumed that government +will be so tyrannical, and opposed to the sense of all modern +civilians, as to pass such laws: if they should, they would be +void. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">The general legislature is restrained from prohibiting the further +importation of slaves for twenty odd years.</span></em> But every state legislature +may restrain its own subjects; but if they should not, shall +<span class="tei tei-pb" id="page164">[pg 164]</span><a name="Pg164" id="Pg164" class="tei tei-anchor"></a> +we refuse to confederate with them? their consciences are their +own, tho' their wealth and strength are blended with ours. Mr. +Mason has himself about three hundred slaves, and lives in Virginia, +where it is found by prudent management they can breed +and raise slaves faster than they want them for their own use, and +could supply the deficiency in Georgia and South Carolina; and +perhaps Col. Mason may suppose it more humane to breed than +import slaves—those imported having been bred and born free, +may not so tamely bear slavery as those born slaves, and from +their infancy inured to it; but his objections are not on the side +of freedom, nor in compassion to the human race who are slaves, +but that such importations render the United States weaker, +more vulnerable, and less capable of defence. To this I readily +agree, and all good men wish the entire abolition of slavery, as +soon as it can take place with safety to the public, and for the +lasting good of the present wretched race of slaves. The only +possible step that could be taken towards it by the convention +was to fix a period after which they should not be imported. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">There is no declaration of any kind to preserve the liberty of the +press, etc.</span></em> Nor is liberty of conscience, or of matrimony, or of +burial of the dead; it is enough that congress have no power to +prohibit either, and can have no temptation. This objection is +answered in that the states have all the power originally, and +congress have only what the states grant them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">The judiciary of the United States is so constructed and extended +as to absorb and destroy the judiciaries of the several states; +thereby rendering law as tedious, intricate and expensive, and justice +as unattainable by a great part of the community, as in England; +and enable the rich to oppress and ruin the poor.</span></em> It extends +only to objects and cases specified, and wherein the national peace +or rights, or the harmony of the states is concerned, and not to +controversies between citizens of the same state (except where +they claim under grants of different states); and nothing hinders +but the supreme federal court may be held in different districts, +or in all the states, and that all the cases, except the few in which +it has original and not appellate jurisdiction, may in the first instance +be had in the state courts and those trials be final except +<span class="tei tei-pb" id="page165">[pg 165]</span><a name="Pg165" id="Pg165" class="tei tei-anchor"></a> +in cases of great magnitude; and the trials be by jury also in +most or all the causes which were wont to be tried by them, as +congress shall provide, whose appointment is security enough for +their attention to the wishes and convenience of the people. In +chancery courts juries are never used, nor are they proper in admiralty +courts, which proceed not by municipal laws, which they +may be supposed to understand, but by the civil law and law of +nations. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. Mason deems the president and senate's power to make +treaties dangerous, because they become laws of the land. If the +president and his proposed council had this power, or the president +alone, as in England and other nations is the case, could the +danger be less?—or is the representative branch suited to the making +of treaties, which are often intricate, and require much negotiation +and secrecy? The senate is objected to as having too +much power, and bold unfounded assertions that they will destroy +any balance in the government, and accomplish what usurpation +they please upon the rights and liberties of the people; to +which it may be answered, they are elective and rotative, to the +mass of the people; the populace can as well balance the senatorial +branch there as in the states, and much better than in England, +where the lords are hereditary, and yet the commons preserve +their weight; but the state governments on which the constitution +is built will forever be security enough to the people +against aristocratic usurpations:—The danger of the constitution +is not aristocracy or monarchy, but anarchy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I intreat you, my fellow citizens, to read and examine the +new constitution with candor—examine it for yourselves: you +are, most of you, as learned as the objector, and certainly as +able to judge of its virtues or vices as he is. To make the +objections the more plausible, they are called <span class="tei tei-hi"><span style="font-style: italic">The objections of +the Hon. George Mason, etc.</span></span>—They may possibly be his, but be +assured they were not those made in convention, and being +directly against what he there supported in one instance ought +to caution you against giving any credit to the rest; his violent +opposition to the powers given congress to regulate trade, was an +open decided preference of all the world to you. A man governed +<span class="tei tei-pb" id="page166">[pg 166]</span><a name="Pg166" id="Pg166" class="tei tei-anchor"></a> +by such narrow views and local prejudices, can never be +trusted; and his pompous declaration in the House of Delegates +in Virginia that no man was more federal than himself, amounts +to no more than this, <span class="tei tei-q">“Make a federal government that will secure +Virginia all her natural advantages, promote all her interests +regardless of every disadvantage to the other states, and I will +subscribe to it.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It may be asked how I came by my information respecting +Col. Mason's conduct in convention, as the doors were shut? To +this I answer, no delegate of the late convention will contradict +my assertions, as I have repeatedly heard them made by others +in presence of several of them, who could not deny their truth. +Whether the constitution in question will be adopted by the +United States in our day is uncertain; but it is neither aristocracy +or monarchy can grow out of it, so long as the present descent of +landed estates last, and the mass of the people have, as at present, +a tolerable education; and were it ever so perfect a scheme of +freedom, when we become ignorant, vicious, idle, and regardless +of the education of our children, our liberties will be lost—we +shall be fitted for slavery, and it will be an easy business to reduce +us to obey one or more tyrants. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page167">[pg 167]</span><a name="Pg167" id="Pg167" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, VII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1195) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, December 17, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Landholders and Farmers.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have often admired the spirit of candour, liberality, and justice, +with which the Convention began and completed the important +object of their mission. <span class="tei tei-q">“In all our deliberation on this +subject,”</span> say they, <span class="tei tei-q">“we kept steadily in our view, that which appears +to us the greatest interest of every true American, the +consolidation of our union, in which is involved our prosperity, +felicity, safety, perhaps our national existence. This important +consideration, seriously and deeply impressed on our minds, led +each state in the Convention to be less rigid on points of inferior +magnitude, than might otherwise have been expected; +and thus the Constitution which we now present, is the result of +a spirit of amity, and of that mutual deference and concession, +which the peculiarity of our political situation rendered indispensible.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us, my fellow citizens, take up this constitution with the +same spirit of candour and liberality; consider it in all its parts; +consider the important advantages which may be derived from +it; let us obtain full information on the subject, and then weigh +these objections in the balance of cool impartial reason. Let us +see if they be not wholly groundless; but if upon the whole they +appear to have some weight, let us consider well, whether they be +so important, that we ought on account of them to reject the +whole constitution. Perfection is not the lot of human institutions; +<span class="tei tei-pb" id="page168">[pg 168]</span><a name="Pg168" id="Pg168" class="tei tei-anchor"></a> +that which has the most excellencies and fewest faults, is +the best that we can expect. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some very worthy persons, who have not had great advantages +for information, have objected against that clause in the +constitution which provides, that no religious test shall ever be required +as a qualification to any office or public trust under the +United States.<a id="noteref_37" name="noteref_37" href="#note_37"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">37</span></span></a> +They have been afraid that this clause is unfavorable +to religion. But my countrymen, the sole purpose and effect +of it is to exclude persecution, and to secure to you the important +right of religious liberty. We are almost the only people in the +world, who have a full enjoyment of this important right of +human nature. In our country every man has a right to worship +God in that way which is most agreeable to his conscience. If +he be a good and peaceable person he is liable to no penalties or +incapacities on account of his religious sentiments; or in other +words, he is not subject to persecution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But in other parts of the world, it has been, and still is, far different. +Systems of religious error have been adopted, in times of +ignorance. It has been the interest of tyrannical kings, popes, +and prelates, to maintain these errors. When the clouds of ignorance +began to vanish, and the people grew more enlightened, +there was no other way to keep them in error, but to prohibit +their altering their religious opinions by severe persecuting laws. +In this way persecution became general throughout Europe. It +was the universal opinion that one religion must be established +by law; and that all who differed in their religious opinions, +must suffer the vengeance of persecution. In pursuance of this +opinion, when popery was abolished in England, and the Church +of England was established in its stead, severe penalties were inflicted +upon all who dissented from the established church. In +the time of the civil wars, in the reign of Charles I., the presbyterians +got the upper hand, and inflicted legal penalties upon all +who differed from them in their sentiments respecting religious +doctrines and discipline. When Charles II. was restored, the +Church of England was likewise restored, and the presbyterians +and other dissenters were laid under legal penalties and incapacities. +<span class="tei tei-pb" id="page169">[pg 169]</span><a name="Pg169" id="Pg169" class="tei tei-anchor"></a> +It was in this reign, that a religious test was established +as a qualification for office; that is, a law was made requiring +all officers civil and military (among other things) to +receive the Sacrament of the Lord's Supper, according to the +usage of the Church of England, written [within?] six months +after their admission to office under the penalty of 500£ and disability +to hold the office. And by another statute of the same +reign, no person was capable of being elected to any office relating +to the government of any city or corporation, unless, within +a twelvemonth before, he had received the sacrament according +to the rites of the Church of England. The pretence for making +these severe laws, by which all but churchmen were made incapable +of any office civil or military, was to exclude the papists; +but the real design was to exclude the protestant dissenters. +From this account of test-laws, there arises an unfavorable presumption +against them. But if we consider the nature of them +and the effects which they are calculated to produce, we shall +find that they are useless, tyrannical, and peculiarly unfit for the +people of this country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A religious test is an act to be done, or profession to be made, +relating to religion (such as partaking of the sacrament according +to certain rites and forms, or declaring one's belief of certain doctrines,) +for the purpose of determining whether his religious +opinions are such, that he is admissable to a publick office. A +test in favour of any one denomination of Christians would be to +the last degree absurd in the United States. If it were in favour +of either congregationalists, presbyterians, episcopalians, baptists, +or quakers, it would incapacitate more than three-fourths of the +American citizens for any publick office; and thus degrade them +from the rank of freemen. There need no argument to prove that +the majority of our citizens would never submit to this indignity. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If any test-act were to be made, perhaps the least exceptionable +would be one, requiring all persons appointed to office to declare, +at the time of their admission, their belief in the being of a God, +and in the divine authority of the scriptures. In favour of such a +test, it may be said, that one who believes these great truths, will +not be so likely to violate his obligations to his country, as one +<span class="tei tei-pb" id="page170">[pg 170]</span><a name="Pg170" id="Pg170" class="tei tei-anchor"></a> +who disbelieves them; we may have greater confidence in his +integrity. But I answer: His making a declaration of such a +belief is no security at all. For suppose him to be an unprincipled +man, who believes neither the word nor the being of God; +and to be governed merely by selfish motives; how easy is it for +him to dissemble! how easy is it for him to make a public declaration +of his belief in the creed which the law prescribes; and excuse +himself by calling it a mere formality. This is the case +with the test-laws and creeds in England. The most abandoned +characters partake of the sacrament, in order to qualify themselves +for public employments. The clergy are obliged by law to +administer the ordinance unto them, and thus prostitute the most +sacred office of religion, for it is a civil right in the party to receive +the sacrament. In that country, subscribing to the thirty-nine +articles is a test for administration into holy orders. And it +is a fact, that many of the clergy do this, when at the same time +they totally disbelieve several of the doctrines contained in them. +In short, test-laws are utterly ineffectual: they are no security at +all; because men of loose principles will, by an external compliance, +evade them. If they exclude any persons, it will be honest +men, men of principle, who will rather suffer an injury, than act +contrary to the dictates of their consciences. If we mean to have +those appointed to public offices, who are sincere friends to religion, +we, the people who appoint them, must take care to choose +such characters; and not rely upon such cob-web barriers as test-laws +are. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But to come to the true principle by which this question ought +to be determined: The business of a civil government is to protect +the citizen in his rights, to defend the community from hostile +powers, and to promote the general welfare. Civil government +has no business to meddle with the private opinions of +the people. If I demean myself as a good citizen, I am accountable, +not to man, but to God, for the religious opinions which I +embrace, and the manner in which I worship the supreme being. +If such had been the universal sentiments of mankind, and they +had acted accordingly, persecution, the bane of truth and nurse +of error, with her bloody axe and flaming hand, would never +have turned so great a part of the world into a field of blood. +</p> + +<span class="tei tei-pb" id="page171">[pg 171]</span><a name="Pg171" id="Pg171" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But while I assert the rights of religious liberty, I would not +deny that the civil power has a right, in some cases, to interfere +in matters of religion. It has a right to prohibit and punish +gross immoralities and impieties; because the open practice of +these is of evil example and detriment. For this reason, I +heartily approve of our laws against drunkenness, profane swearing, +blasphemy, and professed atheism. But in this state, we +have never thought it expedient to adopt a test-law; and yet I +sincerely believe we have as great a proportion of religion and +morality, as they have in England, where every person who holds +a public office, must either be a saint by law, or a hypocrite by +practice. A test-law is the parent of hypocrisy, and the offspring +of error and the spirit of persecution. Legislatures have +no right to set up an inquisition, and examine into the private +opinions of men. Test-laws are useless and ineffectual, unjust +and tyrannical; therefore the Convention have done wisely in +excluding this engine of persecution, and providing that no religious +test shall ever be required. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page172">[pg 172]</span><a name="Pg172" id="Pg172" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, VIII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1196) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, December 24, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Hon. Elbridge Gerry, Esquire.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Sir</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When a man in public life first deviates from the line of truth +and rectitude, an uncommon degree of art and attention becomes +necessary to secure him from detection. Duplicity of conduct in +him requires more than double caution, a caution which his +former habits of simplicity have never furnished him the means +of calculating; and his first leap into the region of treachery and +falsehood is often as fatal to himself as it was designed to be to +his country. Whether you and Mr. Mason may be ranked in +this class of transgressors I pretend not to determine. Certain it +is, that both your management and his for a short time before +and after the rising of the federal convention impress us with a +favorable opinion, that you are great novices in the arts of dissimulation. +A small degree of forethought would have taught +you both a much more successful method of directing the rage +of resentment which you caught at the close of the business at +Philadelphia, than the one you took. You ought to have considered +that you reside in regions very distant from each other, +where different parts were to be acted, and then made your cast +accordingly. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. Mason was certainly wrong in telling the world that he +acted a double part—he ought not to have published two setts of +reasons for his dissent to the constitution. His New England +<span class="tei tei-pb" id="page173">[pg 173]</span><a name="Pg173" id="Pg173" class="tei tei-anchor"></a> +reasons would have come better from you. He ought to have +contented himself with haranguing in the southern states, that it +was too popular, and was calculated too much for the advantage +of the eastern states. At the same time you might have come +on, and in the Coffee-House at New York you might have found +an excellent sett of objections ready made to your hand, a sett +that with very little alteration would have exactly suited the latitude +of New England, the whole of which district ought most +clearly to have been submitted to your protection and patronage. +A Lamb, a Willet, a Smith, a Clinton, a Yates,<a id="noteref_38" name="noteref_38" href="#note_38"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">38</span></span></a> or any other +gentleman whose salary is paid by the state impost, as they had +six months the start of you in considering the subject, would +have furnished you with a good discourse upon the <span class="tei tei-q">“liberty of +the press,”</span> the <span class="tei tei-q">“bill of rights,”</span> the <span class="tei tei-q">“blending of the executive and +legislative,”</span> <span class="tei tei-q">“internal taxation,”</span> or any other topic which you +did not happen to think of while in convention. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is evident that this mode of proceeding would have been +well calculated for the security of Mr. Mason; he there might +have vented his antient enmity against the independence of +America, and his sore mortification for the loss of his favorite +motion respecting the navigation act, and all under the mask of +sentiments, which with a proper caution in expressing them, +might have gained many adherents in his own state. But, +although Mr. Mason's conduct might have been easily guarded +in this particular, your character would not have been entirely +safe even with the precaution above mentioned. Your policy, +Sir, ought to have led you one step farther back. You have been +so precipitate and unwary in your proceedings, that it will be impossible +to set you right, even in idea, without recurring to +previous transactions and recalling to your view the whole history +of your conduct in the convention, as well as the subsequent +display of patriotism contained in your publication. I undertake +this business, not that I think it possible to help you out of your +present embarrassments; but, as those transactions have evidently +slipt your memory, the recollection of the blunder into which +<span class="tei tei-pb" id="page174">[pg 174]</span><a name="Pg174" id="Pg174" class="tei tei-anchor"></a> +your inexperience has betrayed you, may be of eminent service +in forming future schemes of popularity, should the public ever +give you another opportunity to traduce and deceive them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You will doubtless recollect the following state of facts—if you +do not, every member of the convention will attest them—that +almost the whole time during the setting of the convention, and +until the constitution had received its present form, no man was +more plausible and conciliating upon every subject than Mr. +Gerry—he was willing to sacrifice every private feeling and opinion—to +concede every state interest that should be in the least +incompatible with the most substantial and permanent system +of general government—that mutual concession and unanimity +were the whole burden of his song; and although he originated +no idea himself, yet there was nothing in the system as it now +stands to which he had the least objection—indeed, Mr. Gerry's +conduct was agreeably surprising to all his acquaintance, and +very unlike that turbulent obstinacy of spirit which they had +formerly affixed to his character. Thus stood Mr. Gerry, till +toward the close of the business, he introduced a motion respecting +the redemption of the old Continental Money—that it should +be placed upon a footing with other liquidated securities of the +United States.<a id="noteref_39" name="noteref_39" href="#note_39"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">39</span></span></a> +As Mr. Gerry was supposed to be possessed of +large quantities of this species of paper, his motion appeared to be +founded in such barefaced selfishness and injustice, that it at once +accounted for all his former plausibility and concession, while the +rejection of it by the convention inspired its author with the utmost +rage and intemperate opposition to the whole system he had +formerly praised. His resentment could no more than embarrass +and delay the completion of the business for a few days; when he +refused signing the constitution and was called upon for his reasons. +These reasons were committed to writing by one of his +colleagues and likewise by the Secretary, as Mr. Gerry delivered +them.<a id="noteref_40" name="noteref_40" href="#note_40"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">40</span></span></a> These reasons were totally different from those which +he has published, neither was a single objection which is contained +<span class="tei tei-pb" id="page175">[pg 175]</span><a name="Pg175" id="Pg175" class="tei tei-anchor"></a> +in his letter to the legislature of Massachusetts ever +offered by him in convention. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now, Mr. Gerry, as this is generally known to be the state of +facts, and as neither the reasons which you publish nor those retained +on the Secretary's files can be supposed to have the least +affinity to truth, or to contain the real motives which induced +you to withhold your name from the constitution, it appears to me +that your plan was not judiciously contrived. When we act +without principle, we ought to be prepared against embarrassments. +You might have expected some difficulties in realizing +your continental money; indeed the chance was rather against +your motion, even in the most artful shape in which it could have +been proposed. An experienced hand would therefore have laid +the whole plan beforehand, and have guarded against a disappointment. +You should have begun the business with doubts, +and expressed your sentiments with great ambiguity upon every +subject as it passed. This method would have secured you +many advantages. Your doubts and ambiguities, if artfully managed, +might have passed, like those of the Delphic Oracle, for +wisdom and deliberation; and at the close of the business you +might have acted either for or against the constitution, according +to the success of your motion, without appearing dishonest or inconsistent +with yourself. One farther precaution would have +brought you off clear. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Instead of waiting till the convention rose, before you consulted +your friends at New York, you ought to have applied +to them at an earlier period, to know what objections you should +make. They could have instructed you as well in August as +October. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +With these advantages you might have past for a complete +politician, and your duplicity might never have been detected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The enemies of America have always been extremely unfortunate +in concerting their measures. They have generally betrayed +great ignorance of the true spirit and feeling of the country, +and they have failed to act in concert with each other. This +is uniformly conspicuous, from the first Bute Parliament in London +to the last Shays Parliament at Pelham. +</p> + +<span class="tei tei-pb" id="page176">[pg 176]</span><a name="Pg176" id="Pg176" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The conduct of the enemies of the new constitution compares +with that of the other enemies above mentioned only in two particulars, +its object and its tendency. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Its object was self interest built on the ruins of the country, +and its tendency is the disgrace of its authors and the final prosperity +of the same country they meant to depress. Whether the +constitution will be adopted at the first trial in the conventions +of nine states is at present doubtful. It is certain, however, that +its enemies have great difficulties to encounter arising from their +disunion: in the different states where the opposition rages the +most, their principles are totally opposite to each other, and their +objections discordant and irreconcilable, so that no regular system +can be formed among you, and you will betray each other's +motives. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Massachusetts the opposition began with you, and from +motives most pitifully selfish and despicable, you addressed yourself +to the feelings of the Shays faction, and that faction will be +your only support. In New York the opposition is not to this +constitution in particular, but to the federal impost, it is confined +wholly to salary-men and their connections, men whose salary +is paid by the state impost. This class of citizens are endeavoring +to convince the ignorant part of the community that +an annual income of fifty thousand pounds, extorted from the +citizens of Massachusetts, Connecticut and New Jersey, is a great +blessing to the state of New York. And although the regulation +of trade and other advantages of a federal government +would secure more than five times that sum to the people of that +state, yet, as this would not come through the same hands, these +men find fault with the constitution. In Pennsylvania the old +quarrel respecting their state constitution has thrown the state +into parties for a number of years. One of these parties happened +to declare for the new federal constitution, and this was +a sufficient motive for the other to oppose it; the dispute there is +not upon the merits of the subject, but it is their old warfare carried +on with different weapons, and it was an even chance that +the parties had taken different sides from what they have taken, +for there is no doubt but either party would sacrifice the whole +<span class="tei tei-pb" id="page177">[pg 177]</span><a name="Pg177" id="Pg177" class="tei tei-anchor"></a> +country to the destruction of their enemies. In Virginia the opposition +wholly originated in two principles; the madness of +Mason, and the enemity of the Lee faction to General Washington. +Had the General not attended the convention nor given his +sentiments respecting the constitution, the Lee party would undoubtedly +have supported it, and Col. Mason would have vented +his rage to his own negroes and to the winds. In Connecticut, +our wrongheads are few in number and feeble in their influence. +The opposition here is not one-half so great to the federal government +as it was three years ago to the federal impost, and the +faction, such as it is, is from the same blindfold party. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I thought it my duty to give you these articles of information, +for the reasons above mentioned. Wishing you more caution +and better success in your future manœuvers, I have the honor +to be, Sir, with great respect, your very humble servant. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page178">[pg 178]</span><a name="Pg178" id="Pg178" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, IX.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1197) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, December 31, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Hon. Gentlemen chosen to serve in the State +Convention.</span><a id="noteref_41" name="noteref_41" href="#note_41"><span class="tei tei-noteref"><span style="font-size: 60%; font-variant: small-caps; vertical-align: super">41</span></span></a></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Gentlemen</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When the deputies of a free people are met to deliberate on a +constitution for their country; they must find themselves in a +solemn situation. Few persons realize the greatness of this business, +and none can certainly determine how it will terminate. A +love of liberty in which we have all been educated, and which +your country expects on you to preserve sacred, will doubtless +make you careful not to lay such foundations as will terminate +in despotism. Oppression and a loss of liberty arise from very +different causes, and which at first blush appear totally different +from another. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If you had only to guard against vesting an undue power in +certain great officers of state your work would be comparatively +easy. This some times occasions a loss of liberty, but the +history of nations teacheth us that for one instance from this +cause, there are ten from the contrary, a want of necessary power +in some public department to protect and to preserve the true +interests of the people. America is at this moment in ten-fold +greater danger of slavery than ever she was from the councils +of a British monarchy, or the triumph of British arms. She +<span class="tei tei-pb" id="page179">[pg 179]</span><a name="Pg179" id="Pg179" class="tei tei-anchor"></a> +is in danger from herself and her own citizens, not from giving +too much, but from denying all power to her rulers—not from a +constitution on despotic principles, but from having no constitution +at all. Should this great effort to organize the empire prove +abortive, heaven only knows the situation in which we shall find +ourselves; but there is reason to fear it will be troublesome enough. +It is awful to meet the passions of a people who not only believe +but feel themselves uncontrouled—who not finding from government +the expected protection of their interests, tho' otherwise +honest, become desperate, each man determining to share by the +spoils of anarchy, what he would wish to acquire by industry under +an efficient national protection. It becomes the deputies of +the people to consider what will be the consequence of a miscarriage +in this business. Ardent expectation is waiting for its +issue—all allow something is necessary—thousands of sufferers +have stifled their rights in reverence to the public effort—the industrious +classes of men are waiting with patience for better +times, and should that be rejected on which they make dependance, +will not the public convulsion be great? Or if the civil +state should survive the first effects of disappointment, what will +be the consequences of slower operations? The men who have +done their best to give relief, will despair of success, and gloomily +determine that greater sufferings must open the eyes of the +deluded—the men who oppose, tho' they may claim a temporary +triumph, will find themselves totally unable to propose, and much +less to adopt a better system; the narrowness of policy that they +have pursued will instantly appear more ridiculous than at present, +and the triumph will spoil that importance, which nature designed +them to receive not by succeeding, but by impeding +national councils. These men cannot, therefore, be the saviours +of their country. While those who have been foremost in the +political contention disappear either thro' despondence or neglect, +every man will do what is right in his own eyes and his hand +will be against his neighbor—industry will cease—the states will +be filled with jealousy—some opposing and others endeavoring +to retaliate—a thousand existing factions, and acts of public injustice, +thro' the temporary influence of parties, will prepare the +<span class="tei tei-pb" id="page180">[pg 180]</span><a name="Pg180" id="Pg180" class="tei tei-anchor"></a> +way for chance to erect a government, which might now be established +by deliberate wisdom. When government thus arises, +it carries an iron hand. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Should the states reject a union upon solid and efficient principles, +there needs but some daring genius to step forth, and +impose an authority which future deliberation never can correct. +Anarchy, or a want of such government as can protect the interests +of the subjects against foreign and domestic injustice, is the +worst of all conditions. It is a condition which mankind will +not long endure. To avoid its distress they will resort to any +standard which is erected, and bless the ambitious usurper as a +messenger sent by heaven to save a miserable people. We must +not depend too much on the enlightened state of the country; in +deliberation this may preserve us, but when deliberation proves +abortive, we are immediately to calculate on other principles, and +enquire to what may the passions of men lead them, when they +have deliberated to the utmost extent of patience, and been foiled +in every measure, by a set of men who think their emoluments +more safe upon a partial system, than upon one which regards +the national good. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Politics ought to be free from passion—we ought to have +patience for a certain time with those who oppose a federal system. +But have they not been indulged until the state is on the +brink of ruin, and they appear stubborn in error? Have they +not been our scourge and the perplexers of our councils for +many years? Is it not thro' their policy that the state of New +York draws an annual tribute of forty thousand pounds from the +citizens of Connecticut? Is it not by their means that our foreign +trade is ruined, and the farmer unable to command a just +price for his commodities? The enlightened part of the people +have long seen their measures to be destructive, and it is only +the ignorant and jealous who give them support. The men who +oppose this constitution are the same who have been unfederal +from the beginning. They were as unfriendly to the old confederation +as to the system now proposed, but bore it with more patience +because it was wholly inefficacious. They talk of amendments—of +dangerous articles which must be corrected—that +<span class="tei tei-pb" id="page181">[pg 181]</span><a name="Pg181" id="Pg181" class="tei tei-anchor"></a> +they will heartily join in a safe plan of federal government; +but when we look on their past conduct can we think them sincere? +Doubtless their design is to procrastinate, and by this +carry their own measures; but the artifice must not succeed. +The people are now ripe for a government which will do justice +to their interests, and if the honourable convention deny them, +they will despair of help. They have shewn a noble spirit in appointing +their first citizens for this business—when convened +you will constitute the most august assembly that were ever collected +in the State, and your duty is the greatest that can be expected +from men, the salvation of your country. If coolness and +magnanimity of mind attend your deliberations, all little objections +will vanish, and the world will be more astonished by your +political wisdom than they were by the victory of your arms. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page182">[pg 182]</span><a name="Pg182" id="Pg182" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, X.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 1016) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, February 29, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Maryland Journal, etc. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Honourable Luther Martin, Esq.</span></span><a id="noteref_42" name="noteref_42" href="#note_42"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">42</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Sir</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have just met with your performance in favour of the Honourable +Mr. Gerry, published in the Maryland Journal of the 18th +January, 1788. As the Public may be ignorant of the Sacrifice +you have made of your resentments on this occasion, you will +excuse me for communicating what your extreme modesty must +have induced you to conceal. You, no doubt, remember that +you and Mr. Gerry never voted alike in Convention, except in +the instances I shall hereafter enumerate. He uniformly opposed +your principles, and so far did you carry your abhorrence of his +politics, as to inform certain members to be on their guard +against his wiles, so that, he and Mr. Mason held private meetings, +where plans were concerted <span class="tei tei-q">“to aggrandise, at the expence +of the small States, Old Massachusetts and the Ancient Dominion.”</span> +After having thus opposed him and accused him, to appear +his Champion and intimate acquaintance, has placed you +beyond the reach of ordinary panegyric. Having done this justice +<span class="tei tei-pb" id="page183">[pg 183]</span><a name="Pg183" id="Pg183" class="tei tei-anchor"></a> +to your magnanimity, I cannot resist drawing the veil of the +Convention a little farther aside; not, I assure you, with any intention +to give pain to your Constituents, but merely to induce +them to pity you for the many piercing mortifications you met +with in the discharge of your duty. The day you took your +seat<a id="noteref_43" name="noteref_43" href="#note_43"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">43</span></span></a> +must be long remembered by those who were present; nor +will it be possible for you to forget the astonishment your behaviour +almost instantaneously produced. You had scarcely +time to read the propositions which had been agreed to after the +fullest investigation, when, without requesting information, or to +be let into the reasons of the adoption of what you might not approve, +you opened against them in a speech which held during +two days, and which might have continued two months, but for +those marks of fatigue and disgust you saw strongly expressed +on whichever side of the house you turned your mortified eyes. +There needed no other display to fix your character and the rank +of your abilities, which the Convention would have confirmed by +the most distinguished silence, had not a certain similarity in +genius provoked a sarcastic reply from the pleasant Mr. Gerry; +in which he admired the strength of your lungs and your profound +knowledge in the first principles of government; mixing +and illustrating his little remarks with a profusion of those hems, +that never fail to lengthen out and enliven his oratory. This +reply (from your intimate acquaintance), the match being so equal +and the contrast so comic, had the happy effect to put the house +in good humor, and leave you a prey to the most humiliating reflections. +But this did not teach you to bound your future +speeches by the lines of moderation; for the very next day you +exhibited without a blush another specimen of eternal volubility. +It was not, however, to the duration of your speeches you owed +the perfection of your reputation. You, alone, advocated the political +heresy, that the people ought not to be trusted with the +election of representatives.<a id="noteref_44" name="noteref_44" href="#note_44"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">44</span></span></a> +You held the jargon, that notwithstanding +<span class="tei tei-pb" id="page184">[pg 184]</span><a name="Pg184" id="Pg184" class="tei tei-anchor"></a> +each state had an equal number of votes in the Senate; +yet the states were unequally represented in the Senate. You +espoused the tyrannic principle, that where a State refused to +comply with a requisition of Congress for money, that an army +should be marched into its bowels, to fall indiscriminately upon +the property of the innocent and the guilty, instead of having it +collected as the Constitution proposed, by the mild and equal +operation of laws. One hour you sported the opinion that Congress, +afraid of the militia resisting their measures, would neither +arm nor organize them, and the next, as if men required no time +to breathe between such contradictions, that they would harass +them by long and unnecessary marches, till they wore down their +spirit and rendered them fit subjects for despotism. You, too, +contended that the powers and authorities of the new Constitution +must destroy the liberties of the people; but that the same +powers and authorities might be safely trusted with the Old Congress. +You cannot have forgotten, that by such ignorance in +politics and contradictory opinions, you exhausted the politeness +of the Convention, which at length prepared to slumber when +you rose to speak; nor can you have forgotten, you were only +twice appointed a member of a Committee, or that these appointments +were made merely to avoid your endless garrulity, and if +possible, lead you to reason, by the easy road of familiar conversation. +But lest you should say that I am a record only of the +bad, I shall faithfully recognize whatever occurred to your advantage. +You originated that clause in the Constitution which +enacts, that <span class="tei tei-q">“This Constitution and the laws of the United States +Which shall be made in pursuance thereof, and all treaties made +or which shall be made, under the authority of the United States, +shall be the supreme law of the land, and the judges in every +State shall be bound thereby, anything in the Constitution or the +law of any State to the contrary notwithstanding.”</span> You voted +that an appeal should lay to the Supreme Judiciary of the United +States, for the correction of all errors, both in law and fact. You +also agreed to the clause that declares nine States to be sufficient +to put the government in motion.<a id="noteref_45" name="noteref_45" href="#note_45"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">45</span></span></a> These are among the greater +<span class="tei tei-pb" id="page185">[pg 185]</span><a name="Pg185" id="Pg185" class="tei tei-anchor"></a> +positive virtues you exhibited in the Convention; but it would +be doing you injustice were I to omit those of a negative nature. +Since the publication of the Constitution, every topic of vulgar +declamation has been employed to persuade the people, that it +will destroy the trial by jury, and is defective for being without a +bill of rights. You, sir, had more candour in the Convention +than we can allow to those declaimers out of it; there you never +signified by any motion or expression whatever, that it stood in +need of a bill of rights, or in any wise endangered the trial by +jury. In these respects the Constitution met your entire approbation; +for had you believed it defective in these essentials, you +ought to have mentioned it in Convention, or had you thought it +wanted further guards, it was your indispensable duty to have +proposed them. I hope to hear that the same candour that influenced +you on this occasion, has induced you to obviate any +improper impressions such publications may have excited in +your constituents, when you had the honor to appear before the +General Assembly.<a id="noteref_46" name="noteref_46" href="#note_46"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">46</span></span></a> +From such high instances of your approbation +(for every member, like you, had made objections to parts +of the Constitution) the Convention were led to conclude that +you would have honored it with your signature, had you not +been called to Maryland upon some indispensable business; nor +ought it to be withheld from you, that your colleagues informed +many Gentlemen of the House, that you told them you intended +to return before its completion. Durst I proceed beyond these +facts, to which the whole Convention can witness, I would ask +you why you changed your opinion of the Constitution after +leaving Philadelphia. I have it from good authority that you +complained to an intimate acquaintance, that nothing grieved +you so much as the apprehension of being detained in Maryland +longer than you could wish; for that you had rather lose one +hundred guineas, than not have your name appear to the Constitution. +But as this circumstance seems to have been overlooked +when you composed your defence of Mr. Gerry, you may have +<span class="tei tei-pb" id="page186">[pg 186]</span><a name="Pg186" id="Pg186" class="tei tei-anchor"></a> +your recollection of it revived by applying to Mr. Young, of +Spruce street, Philadelphia, to whom you made your complaint. +But leaving this curious piece of human vanity to such further +investigation as you may think it deserves, let us come to those +matters more particularly between us. You have said, that you +never heard Mr. Gerry, or any other member, introduce a proposition +for the redemption of Continental money according to +its nominal or any other value; nor did you ever hear that such +a proposition had been offered to the Convention, or had been +thought of. That the Public may clearly comprehend what degree +of credit ought to be given to this kind of evidence, they +should know the time you were absent from the Convention, as +well as the time you attended. If it should appear that you were +only a few days absent, when unimportant business was the +object, they will conclude in your favour, provided they entertain +a good opinion of your veracity; on the other hand, should it +appear that you were absent nearly half the session, however +your veracity may be esteemed, they must reject your evidence. +As you have not stated this necessary information, I shall do it +for you. The Session of Convention commenced the 14th of +May, and ended the 17th of September, which makes 126 days. +You took your seat the 10th of June,<a id="noteref_47" name="noteref_47" href="#note_47"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">47</span></span></a> +and left it the 4th of September, +of which period you were absent at Baltimore ten days, +and as many at New York, so that you attended only 66 days +out of 126. Now, sir, is it to be presumed that you could have +been minutely informed of all that happened in Convention, and +committees of Convention, during the 60 days of your absence? +or does it follow by any rule of reasoning or logic, that because +a thing did not happen in the 66 days you were present, that it +did not happen in the 60 days which you did not attend? Is it +anywise likely that you could have heard what passed, especially +during the last 13 days, within which period the Landholder has +fixed the apostacy of Mr. Gerry? or if it is likely that your particular +intimacy with Mr. Gerry would stimulate to inquiries respecting +his conduct, why is it that we do not see Mr. McHenry's +<span class="tei tei-pb" id="page187">[pg 187]</span><a name="Pg187" id="Pg187" class="tei tei-anchor"></a> +verification of your assertion, who was of the Committee +for considering a proposition for the debts of the union? Your +reply to my second charge against this gentleman may be soon +dismissed. Compare his letter to the Legislature of his State +with your defence, and you will find that you have put into his +mouth objections different from anything it contains, so that if +your representation be true, his must be false. But there is +another circumstance which militates against your new friend. +Though he was face to face with his colleagues at the State Convention +of Massachusetts,<a id="noteref_48" name="noteref_48" href="#note_48"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">48</span></span></a> +he has not ventured to call upon them +to clear him either of this charge, or that respecting the Continental +money. But as the Public seemed to require that something +should be said on this occasion, an anonymous writer +denies that he made such a motion, and endeavours to abate the +force of my second allegation, merely by supposing that <span class="tei tei-q">“his +colleagues were men of too much honor to assert that his reasons +in Convention were totally different from those which he has published.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But alas, his colleagues would not acquit him in this way, and +he was of too proud a spirit to ask them to do it in person.<a id="noteref_49" name="noteref_49" href="#note_49"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">49</span></span></a> +Hence the charge remains on its original grounds, while you, for +want of proper concert, have joined his accusers and reduced him +to the humiliating necessity of endeavouring to stifle your justification. +These points being dismissed, it remains only to reconcile +the contradictory parts you have acted on the great political +stage. You entered the convention without a sufficient knowledge +<span class="tei tei-pb" id="page188">[pg 188]</span><a name="Pg188" id="Pg188" class="tei tei-anchor"></a> +in the science of government, where you committed a succession +of memorable blunders, as the work advanced. Some +rays of light penetrated your understanding, and enabled you (as +has been shown) to assist in raising some of its pillars, when the +desire of having your name enrolled with the other laborers +drew from you that remarkable complaint so expressive of vanity +and conviction. But self-interest soon gained the ascendant, +you quickly comprehended the delicacy of your situation, and +this restored your first impressions in all their original force. +You thought the Deputy Attorney General of the United States +for the state of Maryland, destined for a different character, and +that inspired you with the hope that you might derive from a +desperate opposition what you saw no prospect of gaining by a +contrary conduct. But I will venture to predict, that though +you were to double your efforts, you would fail in your object. +I leave you now to your own reflections, under a promise, however, +to give my name to the public, should you be able to procure +any indifferent testimony to contradict a single fact I have +stated. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +February, 1788. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page189">[pg 189]</span><a name="Pg189" id="Pg189" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, X.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +[This number duplicates the preceding one, for an explanation of which see the +foot-note to the first Number X.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span>] +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1206) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, March 3, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of New Hampshire.</span></span><a id="noteref_50" name="noteref_50" href="#note_50"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">50</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The opposition in your state to the new federal constitution, is +an event surprising to your New England brethren, yet we are +not disposed to criminate a people, which made such gallant +efforts in the establishment of the American Empire. It is the +prerogative of freemen to determine their own form of government, +and if this constitution is not addressed to your interest, +if it is not calculated to preserve your freedom and make you +glorious, we wish you not to accept it. We have fought by your +side, we have long been connected in interest, and with many of +you by consanguinity, and wish that you may share with us in all +the benefits of a great and free empire. Brethren who differ in +their opinions how a common interest may be best governed, +ought to deliberate with coolness, and not wantonly accuse each +other, either of folly or design. Massachusetts and Connecticut +have decidedly judged the new government well calculated not +only for the whole but for the northern states. Either you or +these states have judged wrong. Your interests are similar to +theirs, and cannot be separated from them without counteracting +nature. +</p> + +<span class="tei tei-pb" id="page190">[pg 190]</span><a name="Pg190" id="Pg190" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If there be any one state more interested than the others in +the adoption of this system, it is New Hampshire. Your local +situation, which can never be altered, is a solemn argument in its +favor. Tho' separated from the government of Britain at no less +price than the blood of your bravest sons, you border on her dominions. +She is your enemy, and wishes nothing more than your +submission to her laws, and to the will of her proud servants. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Her force may easily be pointed thro' your whole territory +and a few regiments would effectually banish resistance. New +Hampshire, tho' growing in population, and amongst the first +states in personal bravery, cannot yet stand alone. Should a disunion +of the states tempt Britain to make another effort for recovering +her former greatness, you will be the first to fall under +her sway. In such case you will have nothing to expect from +the other states. Dispirited with a fruitless attempt to unite in +some plan of general government and protection, they will say, +let the dissenting states abide the consequence of their own false +opinions. Though such a reply might not be wise, it would be +exactly comfortable to what we have ever found in human nature; +and nature will have its course, let policy be what it may. You +are the northern barrier of the United States, and by your situation, +must first meet any hostile animosity from that quarter designed +against any part of them. It is certainly for the interest +of a barrier country, to have a general government on such efficient +principles, as can point the force of the whole for its relief +when attacked. The old constitution could not do this; that now +under consideration, if accepted, we trust will produce a circulation +of riches and the powers of protection to the most extreme +parts of the body. On these principles it has generally been +said that New Hampshire and Georgia would be amongst the +first in adopting. Georgia has done it, not, perhaps, because +they were more wise than New Hampshire, but being pressed +with a dangerous war in the very moment of decision, they felt +its necessity; and feeling is an argument none can resist. Trust +not to any complaisance of those British provinces on your +northern borders, or those artful men who govern them, who +were selected on purpose to beguile your politicks, and divide and +<span class="tei tei-pb" id="page191">[pg 191]</span><a name="Pg191" id="Pg191" class="tei tei-anchor"></a> +weaken the union. When the hour for a permanent connection +between the states is past, the teeth of the lion will be again +made bare, and you must be either devoured, or become its +jackal to hunt for prey in the other states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We believe those among you who are opposed to the system, +as honest and brave as any part of the community, and cannot +suspect them of any design against American Independence; but +such persons ought to consider what will be the probable consequence +of their dissent; and whether this is not the only hour in +which this community can be saved from a condition, which +is, on all hands, allowed to be dangerous and unhappy. There +are certain critical periods in which nations, as well as individuals, +who have fallen into perplexity, by a wise exertion may save +themselves and be glorious. Such is the present era in American +policy, but if we do not see the hour of our salvation, there is no +reason to expect that heaven will repeat it. The unexpected harmony +of the federal Convention—their mutual condescension in +the reconcilement of jarring interests and opposing claims between +the several States—the formation of a system so efficient in appearance, +at the same time so well guarded against an oppression +of the subject—the concurring sentiments of a vast majority thro' +the United States, of those persons who have been most experienced +in policy, and most eminent in wisdom and virtue; are +events which must be attributed to the special influence of heaven. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To be jealous of our liberties is lawful, but jealously in excess +is a deliriam [sic] of the imagination, by no means favourable to +liberty. If you would be free and happy a power must be created +to protect your persons and properties; otherwise you are +slaves to all mankind. Your British neighbors have long known +these truths, and will not fail by their emissaries to seminate such +jealousies as favor their own designs. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To prophesy evil is ungrateful business; but forgive me when +I predict, that the adoption of this Constitution is the only probable +means of saving the greatest part of your State from becoming +an appendage of Canada or Nova Scotia. In some future +paper I shall assign other reasons why New Hampshire, more +than any other State, is interested in this event. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page192">[pg 192]</span><a name="Pg192" id="Pg192" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, XI.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1207) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, March 10, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of New Hampshire.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Those who wish to enjoy the blessings of society must be willing +to suffer some restraint of personal liberty, and devote some +part of their property to the public that the remainder may be +secured and protected. The cheapest form of government is not +always best, for parsimony, though it spends little, generally gains +nothing. Neither is that the best government which imposes the +least restraint on its subjects; for the benefit of having others restrained +may be greater than the disadvantage of being restrained +ourselves. That is the best form of government which returns +the greatest number of advantages in proportion to the disadvantages +with which it is attended. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Measured by this rule, the state of New Hampshire cannot expect +a Constitution preferable to that now proposed for the union. +In point of defence it gives you the whole force of the empire, so +arranged as to act speedily and in concert, which is an article of +greatest importance to the frontier states. With the present +generation of men, national interest is the measure by which war +or peace are determined; and when we see the British nation, by +a late treaty, paying an enormous annual subsidy to the little +principality of Hesse-Cassel for the purpose of retaining her in +military alliance, it should teach us the necessity of those parts in +the Constitution which enable the efficient force of the whole to +be opposed to an invasion of any part. +</p> + +<span class="tei tei-pb" id="page193">[pg 193]</span><a name="Pg193" id="Pg193" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A national revenue and the manner of collecting it is another +very interesting matter, and here the citizens of New Hampshire +have better terms offered them, than their local situation can ever +enable them to demand or enforce. Impost and duties on trade, +which must be collected in the great importing towns, are the +means by which an American revenue will be principally, and +perhaps wholly raised. But a point of your state comes near the +sea, and that point so situated that it never can collect commerce, +and become an emporium for the whole state. Nineteen parts in +twenty of New Hampshire are greatly inland, so that local situation +necessitates you to be an agricultural people; and this is +not a hard necessity, if you now form such a political connection +with other states, as will entitle you to a just share in that revenue +they raise on commerce. New York, the trading towns on Connecticut +River, and Boston, are the sources from which a great +part of your foreign supplies will be obtained, and where your +produce will be exposed for market. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In all these places an impost is collected, of which, as consumers, +you pay a share without deriving any public benefit. You +cannot expect any alteration in the private systems of these +states, unless effected by the proposed governments, neither to +remedy the evil can you command trade from the natural channels, +but must sit down contented under the burden, if the present +hour of deliverance be not accepted. This argument alone, +if there were no other, ought to decide you in favour of adoption. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been said that you object to the number of inhabitants +being a ratio to determine your proportion of the national expence—that +your lands are poor, but the climate favourable to +population, which will draw a share of expence beyond your ability +to pay. I do not think this objection well founded. Long +experience hath taught that the number of industrious inhabitants +in any climate is not only the strength, but the wealth of a +state, and very justly measures their ability of defraying public +expences, without encroaching on the necessary support of life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If a great proportion of your lands are barren, you ought likewise +to remember another rule of nature; that the population +and fertility in many tracts of country will be proportioned to +<span class="tei tei-pb" id="page194">[pg 194]</span><a name="Pg194" id="Pg194" class="tei tei-anchor"></a> +each other. Accidental causes for a short time may interrupt +the rule, but they cannot be of dangerous continuance. Force +may controul a despotic government, and commerce may interrupt +it in an advantageous situation for trade; but from the first +of these causes you have no reason to fear, and the last, should it +happen, will increase wealth with numbers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The fishery is a source of wealth and an object of immense +consequence to all the eastern coasts. The jealousy of European +nations ought to teach us its value. So far as you become +a navigating people, the fishery should be an object of your first +attention. It cannot flourish until patronized and protected by +the general government. All the interests of navigation and +commerce must be protected by the union or come to ruin, and +in our present system where is the power to do it? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When Americans are debarred the fishery, as will soon be the +case unless a remedy is provided, all the eastern shores will become +miserably poor. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Your forests embosom an immense quantity of timber for ship-building +and the lumber trade, but of how little value at present +you cannot be ignorant, and the value cannot increase until +American navigation and commerce are placed on a respectable +footing, which no single state can do for itself. The embarrassments +of trade lower the price of your produce, which with the +distance of transportation almost absorbs the value; and when by +a long journey we have arrived at the place of market, even the +finest of your grain will not command cash, at that season of the +year most convenient for you to transport. Hence arises that +scarcity of specie of which you complain. Your interest is intimately +connected with that of the most commercial states, and +you cannot separate it. When trade is embarrassed the merchant +is the first to complain, but the farmer in event bears more +than his share of the loss. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let the citizens of New Hampshire candidly consider these +facts, and they must be convinced that no other state is so much +interested in adopting that system of government now under consideration. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +<span class="tei tei-pb" id="page195">[pg 195]</span><a name="Pg195" id="Pg195" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Landholder presents his most respectful compliments to +Hon W. Williams,<a id="noteref_51" name="noteref_51" href="#note_51"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">51</span></span></a> +and begs leave to remind him that many dispensations +in this world, which have the appearance of judgment, +are designed in goodness. Such was the short address to you, +and though at first it might excite an exquisite sensibility of injury, +will in its consequence prove to your advantage, by giving +you an honorable opportunity to come out and declare your sentiments +to the people. It had been represented in several parts +of the state, to the great surprise of your friends, that you wished +some religious test as an introduction to office, but as you have +explained the matter, it is only a religious preamble which you +wish—against preambles we have no animosity. Every man +hath a sovereign right to use words in his own sense, and when +he hath explained himself, it ought to be believed that he uses +them conscientiously. The Landholder, for the sake of his honourable +friend, regrets that he denies his having used his name +publicly as a writer, for, though the honourable gentleman doubtless +asserts the truth, there are a great number of those odd people +who really think they were present on that occasion, and +have such a strong habit of believing their senses, that they will +not be convinced even by evidence which is superior to all sense. +But it must be so in this imperfect world. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +P. S. The Landholder begs his honourable friend not to be +surprised at his former address, as he can assure him most seriously, +that he does not even conjecture by whom it was written. +</p> + +</div> + +<span class="tei tei-pb" id="page196">[pg 196]</span><a name="Pg196" id="Pg196" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, XII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1208) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, March 17, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Rhode Island Friends of Paper Money, Tender Acts +and Anti-federalism.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The singular system of policy adopted by your state, no +longer excites either the surprise or indignation of mankind. +There are certain extremes of iniquity, which are beheld with patience, +from a fixed conviction that the transgressor is inveterate, +and that his example from its great injustice hath no longer a +seducing influence. Milton's lapse of the angels and their expulsion +from Heaven, produces deeper regret in a benevolent mind +than all the evil tricks they have played or torments they have +suffered since the bottomless pit became their proper home. +Something similar to this is excited in beholding the progress of +human depravity. Our minds cannot bear to be always pained; +the Creator hath, therefore wisely provided that our tender sentiments +should subside, in those desperate cases where there is no +longer a probability that any effort to which we may be excited, +will have a power to reclaim. But though our benevolence is no +longer distressed with the injustice of your measures, as philosophers +above the feelings of passion, we can speculate on them to +our advantage. The sentiment thrown out by some of our adventurous +divines, that the permission of sin is the highest display +of supreme wisdom, and the greatest blessing to the universe, +is most successfully illustrated by the effects of your general +policy. +</p> + +<span class="tei tei-pb" id="page197">[pg 197]</span><a name="Pg197" id="Pg197" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In point of magnitude, your little state bears much the same +proportion to the united American empire, as the little world +doth to the immense intelligent universe; and if the apostacy of +man hath conveyed such solemn warning and instruction to the +whole, as your councils have to every part of the union, no one +will doubt the usefulness of Adam's fall. At the commencement +of peace, America was placed in a singular situation. Fear of a +common danger could no longer bind us together; patriotism +had done its best and was wearied with exertion rewarded only +by ingratitude—our federal system was inadequate for national +government and justice, and from inexperience the great body +of the people were ignorant what consequences should flow from +the want of them. Experiments in public credit, though ruinous +to thousands, and a disregard to the promises of government +had been pardoned in the moment of extreme necessity, and +many honest men did not realize that a repetition of them in an +hour less critical would shake the existence of society. Men +full of evil and desperate fortune were ready to propose every +method of public fraud that can be effected by a violation of public +faith and depreciating promises. This poison of the community +was their only preservation from deferred poverty, and +from prisons appointed to be the reward of indolence and +knavery. An easement of the poor and necessitous was plead as +a reason for measures which have reduced them to more extreme +necessity. Most of the states have had their prejudices against +an efficient and just government, and have made their experiments +in a false policy; but it was done with a timorous mind, +and seeing the evil they have receded. A sense of subordination +and moral right was their check. Most of the people were convinced, +and but few remained who wished to establish iniquity by +law. To silence such opposition as might be made to the new +constitution, it was fit that public injustice should be exhibited in +its greatest degree and most extreme effects. For this end +Heaven permitted your apostacy from all the principles of good +and just government. By your system we see unrighteousness in +the essence, in effects, and in its native miseries. The rogues of +every other state blush at the exhibition, and say you have betrayed +<span class="tei tei-pb" id="page198">[pg 198]</span><a name="Pg198" id="Pg198" class="tei tei-anchor"></a> +them by carrying the matter too far. The very naming of +your measures is a complete refutation of anti-federalism, paper +money and tender acts, for no man chooses such company in argument. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The distress to which many of your best citizens are reduced—the +groans of ruined creditors, of widows and orphans, demonstrates +that unhappiness follows vice by the unalterable laws of +nature and society. I did not mention the stings of conscience, +but the authors of public distress ought to remember that there +is a world where conscience will not sleep. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Is it now at length time to consider. The great end for which +your infatuation was permitted is now become complete. The +whole union has seen and fears, and while history gives true information, +no other people will ever repeat the studied process of +fraud. You may again shew the distorted features of injustice, +but never in more lively colors, or by more able hands than has +been done already. As virtue and good government has derived all +possible advantage from your experiment, and every other state +thanks you for putting their own rogues and fools out of countenance, +begin to have mercy on yourselves. You may not expect +to exist in this course any longer than is necessary for public +good; and there is no need that such a kind of warning as +you set before us should be eternal. Secure as you may feel in +prosecuting what all the rest of mankind condemn, the hour of +your political revolution is at hand. The cause is within to +yourselves, and needs but the permission of your neighbors to take +its full effect. Every moral and social law calls for a review, and +a volume of penal statutes cannot prevent it. They are in the first +instance nullified by injustice, and five years hence not a man in +your territories will presume their vindication. Passion and obstinacy, +which were called in to aid injustice, have had their +reign, and can support you no longer. By a change of policy +give us evidence that you are returned to manhood and honour. +The inventors of such councils can never be forgiven in this +world, but the people at large who acted by their guidance may +break from the connection and restore themselves to virtue. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are among you legislators eminent, through the union +<span class="tei tei-pb" id="page199">[pg 199]</span><a name="Pg199" id="Pg199" class="tei tei-anchor"></a> +for their wisdom and integrity. Penetrated with grief and astonishment +they stand in silence, waiting the return of your reason. +They are the only men who can remove the impassable gulph +that is between you and the rest of mankind. In your situation +there must be some sacrifice. It is required by the necessity +of the case, and for the dignity of government. You have +guilty victims enough for whom even benevolence will not +plead; let them make the atonement and save your state. The +large body of a people are rarely guilty of any crime greater than +indiscretion, in following those who have no qualification to lead +but an unblushing assurance infraud. Acknowledge the indiscretion, +and leave those whom you have followed into the quicksands +of death to the infamy prepared for them, and from which they +cannot be reserved. Your situation admits no compounding of +opposite systems, or halving with justice, but to make the cure +there must be an entire change of measures. The Creator of +nature and its laws made justice as necessary for nations as for +individuals, and this necessity hath been sealed by the fate of all +obstinate offenders. If you will not hear your own groans, nor +feel the pangs of your own torture, it must continue until removed +by a political annihilation. Such as do not pity themselves cannot +be long be pitied. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Determined that our feelings shall be no longer wounded by +any thing to which despair may lead you, with philosophic coolness +we wait to continue our speculations on the event. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page200">[pg 200]</span><a name="Pg200" id="Pg200" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Landholder, XIII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Connecticut Courant, +(Number 1209) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, March 24, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The attempt to amend our federal Constitution, which for some +time past hath engrossed the public regard, is doubtless become +an old and unwelcome topic to many readers, whose opinions are +fixed, or who are concerned for the event. There are other subjects +which claim a share of attention, both from the public and +from private citizens. It is good government which secures the +fruits of industry and virtue; but the best system of government +cannot produce general happiness unless the people are virtuous, +industrious and economical. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The love of wealth is a passion common to men, and when +justly regulated it is conducive to human happiness. Industry +may be encouraged by good laws; wealth may be protected by +civil regulations; but we are not to depend on these to create it +for us, while we are indolent and luxurious. Industry is most +favourable to the moral virtue of the world; it is therefore wisely +ordered by the Author of Nature, that the blessings of this world +should be acquired by our own application in some business useful +to society; so that we have no reason to expect any climate +or soil will be found, or any age take place, in which plenty and +wealth will be spontaneously produced. The industry and +labour of a people furnish a general rule to measure their wealth, +and if we use the means we may promise ourselves the reward. +The present state of America will limit the greatest part of its inhabitants +to agriculture; for as the art of tilling the earth is +easily acquired, the price of land low, and the produce immediately +<span class="tei tei-pb" id="page201">[pg 201]</span><a name="Pg201" id="Pg201" class="tei tei-anchor"></a> +necessary for life, greater encouragement to this is offered +here than in any country on earth. But still suffer me to enquire +whether we are not happily circumstanced and actually able to +manage some principal manufactories with success, and increase +our wealth by increasing the labour of the people, and saving the +surplus of our earnings for a better purpose than to purchase the +labour of the European nations. It is a remark often made, and +generally believed, that in a country so new as this, where the +price of land is low and the price of labour high, manufactories +cannot be conducted with profit. This may be true of some manufactures, +but of others it is grossly false. It is now in the power +of New England to make itself more formidable to Great Britain +by rivaling some of her principal manufactures, than ever it was +by separating from her government. Woolen cloaths, the principal +English manufacture, may more easily be rivaled than any +other. Purchasing all the materials and labour at the common +price of the country, cloths of three-quarters width, may be fabricated +for six shillings per yard, of fineness and beauty equal to +English cloths of six quarters width, which fell at twenty shillings. +The cost of our own manufacture is little more than half +of the imported, and for service it is allowed to be much preferable. +It is found that our wool is of equal quality with the English, +and that what we once supposed the defect in our wool, is +only a deficiency in cleaning, sorting and dressing it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It gives me pleasure to hear that a number of gentlemen in +Hartford and the neighboring towns are forming a fund for the +establishment of a great woolen manufactory. The plan will +doubtless succeed; and be more profitable to the stockholders +that money deposited in trade. As the manufacture of cloths is +introduced, the raising of wool and flax, the raw materials, will +become an object of the farmer's attention. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sheep are the most profitable part of our stock, and the breed +is much sooner multiplied than horses or cattle. Why do not +our opulent farmers avail themselves of the profit? An experience +would soon convince them there is no better method of advancing +property, and their country would thank them for the +trial. Sheep are found to thrive and the wool to be of good +<span class="tei tei-pb" id="page202">[pg 202]</span><a name="Pg202" id="Pg202" class="tei tei-anchor"></a> +quality in every part of New England, but as this animal delights +in grazing, and is made healthy by coming often to the earth, +our sea-coasts with the adjacent country, where snow is of short +continuance, are particularly favourable to their propagation. +Our hilly coasts were designed by nature for this, and every part +of the country that abounds in hills ought to make an experiment +by which they will be enriched. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Connecticut, the eastern and southern counties, with the +highlands on Connecticut river towards the sea, ought to produce +more wool than would cloath the inhabitants of the state. +At present the quantity falls short of what is needed by our own +consumption; if a surplusage could be produced, it would find a +ready market and the best pay. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The culture of flax, another principal material for manufacturing, +affords great profit to the farmer. The seed of this crop +when it succeeds will pay the husbandman for his labour, and return +a better ground-rent than many other crops which are cultivated. +The seed is one of our best articles for remittance and +exportation abroad. Dressing and preparing the flax for use is +done in the most leisure part of the year, when labour is cheap, +and we had better work for sixpence a day and become wealthy, +than to be idle and poor. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is not probable the market can be overstocked, or if it should +chance for a single season to be the case, no article is more +meliorated by time, or will better pay for keeping by an increase +of quality. A large flax crop is one most certain sign of a thrifty +husbandman. The present method of agriculture in a course of +different crops is well calculated to give the husbandman a sufficiency +of flax ground, as it is well known that this vegetable will +not thrive when sown successively in the same place. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The nail manufacture might be another source of wealth to +the northern states. Why should we twice transport our own +iron, and pay other nations for labour which our boys might perform +as well? The art of nail-making is easily acquired. Remittances +have actually been made from some parts of the state in +this article; the example is laudable, and ought to be imitated. +The sources of wealth are open to us, and there needs but industry +to become as rich as we are free. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Landholder.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page203">[pg 203]</span><a name="Pg203" id="Pg203" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc11" id="toc11"></a> +<a name="pdf12" id="pdf12"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">A Letter To The Landholder. By William Williams.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The American Mercury,<br /> +February 1788. +</p> + +<span class="tei tei-pb" id="page205">[pg 205]</span><a name="Pg205" id="Pg205" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This letter was occasioned by the following communication, +which was printed in the <span class="tei tei-hi"><span style="font-style: italic">Connecticut Courant</span></span> for Monday, February +4, 1788, (number 1202): +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Hon. William Williams, Esq.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Sir</span></span>:—Whenever one man makes a charge against another, +reason and justice require that he should be able to support the +charge. In some late publications, I have offered my sentiments +on the new constitution, have adduced some arguments in favour +of it, and answered objections to it. I did not wish to enter into +a controversy with any man. But I am unwilling to have accusations +publickly thrown out against me, without an opportunity +to answer them. In the late convention, when a <em class="tei tei-emph"><span style="font-style: italic">religious test</span></em> was +the subject of debate, you took the liberty of saying <em class="tei tei-emph"><span style="font-style: italic">that the +Landholder</span></em> (in treating of the same subject) <em class="tei tei-emph"><span style="font-style: italic">had missed the point; +that he had raised up a man of straw, and kicked it over again</span></em>. +Now, Sir, I wish this matter may be fairly cleared up. I wish to +know, what is the real point? Who and what the <em class="tei tei-emph"><span style="font-style: italic">real</span></em> man is? +Or in other words, what a religious test is? I certainly have a +right to expect that you will answer these questions, and let me +know wherein I am in the wrong. Perhaps you may show that +my ideas on the subject are erroneous. In order to do this, it +would not be amiss to offer a few reasons and arguments. You +doubtless had such as were convincing, at least to yourself, +though you happen to omit them at the time of the debate. If +you will shew that I am in the wrong, I will candidly acknowledge +my mistake. If on the contrary you should be unable to +prove your assertions, the public will judge, whether <em class="tei tei-emph"><span style="font-style: italic">you or I +have missed the point</span></em>; and which of us has <em class="tei tei-emph"><span style="font-style: italic">committed the crime of +making a man of straw</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Not doubting but you will have the candour to come to an explanation +on this subject, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am, Sir, your humble servant, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">The Landholder</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From The Landholder's statement printed at page 195 of this +volume, it appears that this signature was employed by another +man, in this instance. +</p> + +</div> + +<span class="tei tei-pb" id="page207">[pg 207]</span><a name="Pg207" id="Pg207" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Letter Of William Williams.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The American Mercury, +(Number 88) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, February 11th, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Mr. Babcock</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Since the Federal Constitution has had so calm, dispassionate +and so happy an issue, in the late worthy Convention of this +State; I did not expect any members of that hon. body to be +challenged in a News-paper, and especially by name, and by +anonymous writers, on account of their opinion, or decently expressing +their sentiments relative to the great subject then under +consideration, or any part of it. Nor do I yet see the propriety, +or happy issue of such a proceeding. However as a gentleman +in your Paper feels uneasy, that every sentiment contained in his +publications, (tho' in general they are well written) is not received +with perfect acquiescence and submission, I will endeavour +to satisfy him, or the candid reader, by the same channel, +that I am not so reprehensible as he supposes, in the matter +refer'd to. When the clause in the 6th article, which provides +that <span class="tei tei-q">“no religious test should ever be required as a +qualification to any office or trust, &c.”</span> came under consideration, +I observed I should have chose that sentence and anything +relating to a religious test, had been totally omitted rather than +stand as it did, but still more wished something of the kind +should have been inserted, but with a reverse sense, so far as to +require an explicit acknowledgment of the being of a God, his +perfections and his providence, and to have been prefixed to, and +stand as, the first introductory words of the Constitution, in the +<span class="tei tei-pb" id="page208">[pg 208]</span><a name="Pg208" id="Pg208" class="tei tei-anchor"></a> +following or similar terms, viz. <span class="tei tei-hi"><span style="font-style: italic">We the people of the United +States, in a firm belief of the being and perfections of the one living +and true God, the creator and supreme Governour of the world, in +his universal providence and the authority of his laws; that he will +require of all moral agents an account of their conduct; that all +rightful powers among men are ordained of, and mediately derived +from God; therefore in a dependence on his blessing and acknowledgment +of his efficient protection in establishing our Independence, +whereby it is become necessary to agree upon and settle a Constitution +of federal government for ourselves</span></span>, and in order to form a +more perfect union &c., as it is expressed in the present introduction, +do ordain &c., and instead of none, that no other religious +test should ever be required &c., and that supposing, but not +granting, this would <em class="tei tei-emph"><span style="font-style: italic">be no security at all</span></em>, that it would make +hypocrites, &c. yet this would not be a sufficient reason against +it; as it would be a public declaration against, and disapprobation +of men, who did not, even with sincerity, make such a profession, +and they must be left to the searcher of hearts; that it +would however, be the voice of the great body of the people, and +an acknowledgment proper and highly becoming them to express +on this great and only occasion, and according to the course of +Providence, one mean of obtaining blessings from the most high. +But that since it was not, and so difficult and dubious to get inserted, +I would not wish to make it a capital objection; that I +had no more idea of a religious test, which should restrain offices +to any particular sect, class, or denomination of men or +Christians in the long list of diversity, than to regulate their bestowments +by the stature or dress of the candidate, nor did I +believe one sensible catholic man in the state wished for such a +limitation; and that therefore the News-Paper observations, and +reasonings (I named no author) against a test, in favour of any +one denomination of Christians, and the sacrilegious injunctions +of the test laws of England &c., combatted objections which did +not exist, and <em class="tei tei-emph"><span style="font-style: italic">was building up a man of straw and knocking him +down again</span></em>. These are the same and only ideas and sentiments +I endeavoured to communicate on that subject, tho' perhaps not +precisely in the same terms; as I had not written, nor preconceived +<span class="tei tei-pb" id="page209">[pg 209]</span><a name="Pg209" id="Pg209" class="tei tei-anchor"></a> +them, except the proposed test, and whether there is any +reason in them or not, I submit to the public. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I freely confess such a test and acknowledgment would have +given me great additional satisfaction; and I conceive the arguments +against it, on the score of hypocrisy, would apply with +equal force against requiring an oath from any officer of the +united or individual states; and with little abatement, to any oath +in any case whatever; but divine and human wisdom, with universal +experience, have approved and established them as useful, +and a security to mankind. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I thought it was my duty to make the observations, in this behalf, +which I did, and to bear my testimony for God; and that +it was also my duty to say <span class="tei tei-hi"><span style="font-style: italic">the Constitution</span></span>, with this, and some +other faults of another kind, was yet too wise and too necessary +to be rejected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">W. Williams.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +P. S.—I could not have suspected the Landholder (if I know +him) to be the author of the piece referred to; but if he or any +other is pleased to reply, without the signature of his proper +name, he will receive no further answer or notice from me. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Feb. 2d, 1788. +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page211">[pg 211]</span><a name="Pg211" id="Pg211" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc13" id="toc13"></a> +<a name="pdf14" id="pdf14"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of A Countryman. Written By Roger Sherman.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The New Haven Gazette,<br /> +November-December, 1787. +</p> + +<span class="tei tei-pb" id="page213">[pg 213]</span><a name="Pg213" id="Pg213" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the file of The New Haven Gazette formerly owned by +Simeon Baldwin, an intimate friend, and afterwards executor of +Roger Sherman, it is noted by the former that the essays of A +Countryman were written by the latter. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Following this series are two essays written by Sherman under +a different signature, after the adoption of the Constitution, which +are an interesting contrast to these. It will be noted in the first +of these, that Sherman alludes to what he <span class="tei tei-q">“had endeavored to +show in a former piece.”</span> +</p> + +</div> + +<span class="tei tei-pb" id="page215">[pg 215]</span><a name="Pg215" id="Pg215" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Countryman, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New Haven Gazette, +(Number 39) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, November 14, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People of Connecticut.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You are now called on to make important alterations in your +government, by ratifying the new federal constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are, undoubtedly, such advantages to be expected from +this measure, as will be sufficient inducement to adopt the proposal, +provided it can be done without sacrificing more important +advantages, which we now do or may possess. By a wise provision +in the constitution of man, whenever a proposal is made +to change any present habit or practice, he much more minutely +considers what he is to <em class="tei tei-emph"><span style="font-style: italic">lose</span></em> by the alterations, what effect it is to +have on what he at present possesses, than what is to be <em class="tei tei-emph"><span style="font-style: italic">hoped</span></em> +for in the proposed expedient. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus people are justly cautious how they exchange present +advantages for the hope of others in a system not yet experienced. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hence all large states have dreaded a division into smaller +parts, as being nearly the same thing as ruin; and all smaller +states have predicted endless embarrassment from every attempt +to unite them into larger. It is no more than probable that if +any corner of this State of ten miles square, was now, and long +had been independent of the residue of the State, that they would +consider a proposal to unite them to the other parts of the State, +as a violent attempt to wrest from them the only security for their +persons or property. They would lament how little security they +<span class="tei tei-pb" id="page216">[pg 216]</span><a name="Pg216" id="Pg216" class="tei tei-anchor"></a> +should derive from sending one or two members to the legislature +at Hartford & New Haven, and all the evils that the Scots predicted +from the proposed union with England, in the beginning +of the present century, would be thundered with all the vehemence +of American politics, from the little ten miles district. But surely +no man believes that the inhabitants of this district would be less +secure when united to the residue of the State, than when independent. +Does any person suppose that the people would be +more safe, more happy, or more respectable, if every town in this +State was independent, and had no State government? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Is it not certain that government would be weak and irregular, +and that the people would be poor and contemptible? And still +it must be allowed, that each town would entirely surrender its +boasted independence if they should unite in State government, +and would retain only about one-eightieth part of the administration +of their own affairs. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Has it ever been found, that people's property or persons were +less regarded and less protected in large states than in small? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Have not the Legislature in large states been as careful not to +over-burden the people with taxes as in small? But still it must +be admitted, that a single town in a small state holds a greater +proportion of the authority than in a large. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If the United States were one single government, provided the +constitution of this extensive government was as good as the +constitution of this State now is, would this part of it be really in +greater danger of oppression or tyranny, than at present? It is +true that many people who are <em class="tei tei-emph"><span style="font-style: italic">great men</span></em> because they go to +Hartford to make laws for us once or twice in a year, would then +be no greater than their neighbours, as much fewer representatives +would be chosen. But would not the people be as safe, +governed by their representatives assembled in New York or +Philadelphia, as by their representatives assembled in Hartford +or New Haven? Many instances can be quoted, where people +have been unsafe, poor and contemptible, because they were governed +only in small bodies; but can any instance be found where +they were less safe for uniting? Has not every instance proved +somewhat similar to the so much dreaded union between England +<span class="tei tei-pb" id="page217">[pg 217]</span><a name="Pg217" id="Pg217" class="tei tei-anchor"></a> +and Scotland, where the Scots, instead of becoming a poor, +despicable, dependent people, have become much more secure, +happy, and respectable? If then, the constitution is a good one, +why should we be afraid of uniting, even if the Union was to be +much more complete and entire than is proposed? +</p> + +</div> + +<span class="tei tei-pb" id="page218">[pg 218]</span><a name="Pg218" id="Pg218" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Countryman, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New Haven Gazette, +(Number 40) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, November 22, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People of Connecticut.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is fortunate that you have been but little distressed with that +torrent of impertinence and folly, with which the newspaper politicians +have over whelmed many parts of our country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is enough that you should have heard, that one party has +seriously urged, that we should adopt the <em class="tei tei-emph"><span style="font-style: italic">New Constitution</span></em> because +it has been approved by <em class="tei tei-emph"><span style="font-style: italic">Washington</span></em> +and <em class="tei tei-emph"><span style="font-style: italic">Franklin</span></em>: and the +other, with all the solemnity of apostolic address to +<em class="tei tei-emph"><span style="font-style: italic">Men</span></em>, <em class="tei tei-emph"><span style="font-style: italic">Brethren</span></em>, +<em class="tei tei-emph"><span style="font-style: italic">Fathers</span></em>, <em class="tei tei-emph"><span style="font-style: italic">Friends and Countryman</span></em>, have urged that we should +reject, as dangerous, every clause thereof, because that <em class="tei tei-emph"><span style="font-style: italic">Washington</span></em> +is more used to command as a soldier, than to reason as a +politician—<em class="tei tei-emph"><span style="font-style: italic">Franklin is old</span></em>, others are <em class="tei tei-emph"><span style="font-style: italic">young</span></em>—and +<em class="tei tei-emph"><span style="font-style: italic">Wilson</span></em> is +<em class="tei tei-emph"><span style="font-style: italic">haughty</span></em>.<a id="noteref_52" name="noteref_52" href="#note_52"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">52</span></span></a> +You are too well informed to decide by the opinion of +others, and too independent to need a caution against undue influence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of a very different nature, tho' only one degree better than the +other reasoning, is all that sublimity of <em class="tei tei-emph"><span style="font-style: italic">nonsense</span></em> and <em class="tei tei-emph"><span style="font-style: italic">alarm</span></em>, +that has been thundered against it in every shape of +<em class="tei tei-emph"><span style="font-style: italic">metaphoric terror</span></em>, +on the subject of a <em class="tei tei-emph"><span style="font-style: italic">bill of rights</span></em>, the <em class="tei tei-emph"><span style="font-style: italic">liberty of the press</span></em>, +<em class="tei tei-emph"><span style="font-style: italic">rights of conscience</span></em>, <em class="tei tei-emph"><span style="font-style: italic">rights of taxation and election</span></em>, +<em class="tei tei-emph"><span style="font-style: italic">trials in the vicinity</span></em>, <em class="tei tei-emph"><span style="font-style: italic">freedom +of speech</span></em>, <em class="tei tei-emph"><span style="font-style: italic">trial by jury</span></em>, and a <em class="tei tei-emph"><span style="font-style: italic">standing army</span></em>. +These last are +<span class="tei tei-pb" id="page219">[pg 219]</span><a name="Pg219" id="Pg219" class="tei tei-anchor"></a> +undoubtedly important points, much too important to depend on +mere paper protection. For, guard such privileges by the strongest +expressions, still if you leave the legislative and executive +power in the hands of those who are or may be disposed to deprive +you of them—you are but slaves. Make an absolute monarch—give +him the supreme authority, and guard as much as +you will by bills of rights, your liberty of the press, and trial by +jury;—he will find means either to take them from you, or to +render them useless. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The only real security that you can have for all your important +rights must be in the nature of your government. If you +suffer any man to govern you who is not strongly interested in +supporting your privileges, you will certainly lose them. If you +are about to trust your liberties with people whom it is necessary +to bind by stipulation, that they shall not keep a standing army, +your stipulation is not worth even the trouble of writing. No +bill of rights ever yet bound the supreme power longer than the +<em class="tei tei-emph"><span style="font-style: italic">honeymoon</span></em> of a new married couple, unless the <em class="tei tei-emph"><span style="font-style: italic">rulers were +interested</span></em> in preserving the rights; and in that case they have always +been ready enough to declare the rights, and to preserve them +when they were declared.—The famous English <span class="tei tei-hi"><span style="font-style: italic">Magna Charta</span></span> +is but an act of parliament, which every subsequent parliament +has had just as much constitutional power to repeal and annul, +as the parliament which made it had to pass it at first. But the +security of the nation has always been, that their government was +so formed, that at least <em class="tei tei-emph"><span style="font-style: italic">one branch</span></em> of their legislature must be +strongly interested to preserve the rights of the nation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You have a bill of rights in Connecticut (i. e.) your legislature +many years since enacted that the subjects of this state should +enjoy certain privileges. Every assembly since that time, could, +by the same authority, enact that the subjects should enjoy none +of those privileges; and the only reason that it has not long since +been so enacted, is that your legislature were as strongly interested +in preserving those rights as any of the subjects; and this +is your only security that it shall not be so enacted at the next +session of assembly: and it is security enough. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Your General Assembly under your present constitution are +<span class="tei tei-pb" id="page220">[pg 220]</span><a name="Pg220" id="Pg220" class="tei tei-anchor"></a> +supreme. They may keep troops on foot in the most profound +peace, if they think proper. They have heretofore abridged the +trial by jury in some cases, and they can again in all. They can +restrain the press, and may lay the most burdensome taxes if they +please, and who can forbid? But still the people are perfectly +safe that not one of these events shall take place so long as the +members of the General Assembly are as much interested, and interested +in the same manner, as the other subjects. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +On examining the new proposed constitution, there can be no +question but that there is authority enough lodged in the proposed +Federal Congress, if abused, to do the greatest injury. +And it is perfectly idle to object to it, that there is no bill of +rights, or to propose to add to it a provision that a trial by jury +shall in no case be omitted, or to patch it up by adding a stipulation +in favor of the press, or to guard it by removing the paltry +objection to the right of Congress to regulate the time and manner +of elections. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If you cannot prove by the best of all evidence, viz., by the <em class="tei tei-emph"><span style="font-style: italic">interest +of the rulers</span></em>, that this authority will not be abused, or at +least that those powers are not more likely to be abused by the +Congress, than by those who now have the same powers, you +must by no means adopt the constitution:—No, not with all the +bills of rights and with all the stipulations in favor of the people +that can be made. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But if the members of Congress are to be interested just as you +and I are, and just as the members of our present legislatures are +interested, we shall be just as safe, with even supreme power (if +that were granted) in Congress, as in the General Assembly. If +the members of Congress can take no improper step which will +not affect them as much as it does us, we need not apprehend +that they will usurp authorities not given them to injure that +society of which they are a part. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The sole question, (so far as any apprehension of tyranny and +oppression is concerned) ought to be, how are Congress formed? +how far have you a control over them? Decide this, and then +all the questions about their power may be dismissed for the +amusement of those politicians whose business it is to catch flies, +<span class="tei tei-pb" id="page221">[pg 221]</span><a name="Pg221" id="Pg221" class="tei tei-anchor"></a> +or may occasionally furnish subjects for <span class="tei tei-hi"><span style="font-style: italic">George Bryan's</span></span> Pomposity, +or the declamations of <span class="tei tei-hi"><span style="font-style: italic">Cato</span></span>—<span class="tei tei-hi"><span style="font-style: italic">An Old +Whig</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Son of +Liberty</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Brutus</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Brutus +junior</span></span>—<span class="tei tei-hi"><span style="font-style: italic">An Officer of the Continental Army</span></span>,—the +more contemptible <span class="tei tei-hi"><span style="font-style: italic">Timoleon</span></span>, and the residue of that rabble +of writers. +</p> + +</div> + +<span class="tei tei-pb" id="page222">[pg 222]</span><a name="Pg222" id="Pg222" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Countryman, III.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New Haven Gazette, +(Number 41) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, November 29, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People of Connecticut.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The same thing once more—I am a plain man, of few words; +for this reason perhaps it is, that when I have said a thing I love +to repeat it. Last week I endeavored to evince, that the only +surety you could have for your liberties must be in the nature of +your government; that you could derive no security from bills of +rights, or stipulations, on the subject of a standing army, the liberty +of the press, trial by jury, or on any other subject. Did you +ever hear of an absolute monarchy, where those rights which are +proposed by the pigmy politicians of this day, to be secured by +stipulation, were ever preserved? Would it not be mere trifling +to make any such stipulations, in any absolute monarchy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +On the other hand, if your interest and that of your rulers are +the same, your liberties are abundantly secure. Perhaps the +most secure when their power is most complete. Perhaps a provision +that they should never raise troops in time of peace, might +at some period embarrass the public concerns and endanger the +liberties of the people. It is possible that in the infinite variety +of events, it might become improper strictly to adhere to any one +provision that has ever been proposed to be stipulated. At all +events, the people have always been perfectly safe without any +stipulation of the kind, when the rulers were interested to make +them safe; and never otherwise. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No people can be more secure against any oppression in their +<span class="tei tei-pb" id="page223">[pg 223]</span><a name="Pg223" id="Pg223" class="tei tei-anchor"></a> +rulers than you are at present; and no rulers can have more supreme +and unlimited authority than your general assembly have. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When you consult on the subject of adopting the new constitution, +you do not enquire whether the powers therein contained +can be safely lodged in any hands whatever. For not only those +very powers, but all other powers, are already in the general assembly.—The +enquiry is, whether Congress is by this new +constitution so formed that a part of the power now in the general +assembly would be as well lodged in Congress. Or, as was +before said, it depends on how far the members are under your +control; and how far their interest and yours are the same; to +which careful attention must be given. +</p> + +</div> + +<span class="tei tei-pb" id="page224">[pg 224]</span><a name="Pg224" id="Pg224" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Countryman, IV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New Haven Gazette, +(Number 42) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, December 6, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People of Connecticut.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If the propriety of trusting your government in the hands of +your representatives was now a perfectly new question, the expediency +of the measure might be doubted. A very great portion +of the objections which we daily find made against +adopting the new constitution (and which are just as weighty +objections against our present government, or against any government +in existence) would doubtless have their influence; and +perhaps would determine you against trusting the powers of +sovereignty out of your own hands. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The best theory, the best philosophy on the subject, would be +too uncertain for you to hazard your freedom upon. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But your freedom, in that sense of the expression (if it could be +called sense), is already totally gone. Your Legislature is not +only supreme in the usual sense of the word, but they have <em class="tei tei-emph"><span style="font-style: italic">literally, +all the powers of society</span></em>. Can you—can you <em class="tei tei-emph"><span style="font-style: italic">possibly</span></em> grant +anything new? Have you any power which is not already +granted to your General Assembly? You are indeed called on to +say whether a part of the powers now exercised by the General +Assembly, shall not, in future, be exercised by Congress. And +it is clearly much better for your interest, that Congress should +experience those powers than that they should continue in the +General Assembly, provided you can trust Congress as safely as +the General Assembly. +</p> + +<span class="tei tei-pb" id="page225">[pg 225]</span><a name="Pg225" id="Pg225" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What forms your security under the General Assembly? +Nothing save that the interest of the members is the same as +yours. Will it be the same with Congress? There are essentially +only two differences between the formation of Congress and +of your General Assembly. One is,—that Congress are to +govern a much larger tract of country, and a much greater number +of people, consequently your proportion of the government +will be much smaller than at present. The other difference is—that +the members of Congress when elected, hold their +places for two, four and six years, and the members of Assembly +only six and twelve months. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The first of these differences was discussed pretty fully in the +first number, (when there was no idea of proceeding thus far on +the subject), and has all the force as an objection against the powers +of Congress, that it would have if applied to a proposal to +give up the sovereignty of the several towns of the state, (if such +sovereignty had existed,) and unite in state government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It would be only a repetition to enter into a consideration of +this difference between Congress and your Assembly. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been suggested that the six or eight members which we +shall send to Congress will be men of property, who can little +feel any burthens they may lay on society. How far is this idea +supported by experience? As the members are to pay their +proportion, will they not be as careful of laying too great burthens +as poorer people? Are they less careful of their money than +the poor? This objection would be much stronger against +trusting the power out of your hands at all. If the several towns +were now independent, this objection would be much more forcible +against uniting in state government, and sending one or two +of your most wealthy men to Hartford or New Haven, to vote +away your money. But this you have tried, and found that assemblies +of representatives are less willing to vote away money +than even their constituents. An individual of any tolerable economy, +pays all his debts, and perhaps has money beforehand. A +small school district, or a small parish, will see what sum they +want, and usually provide sufficiently for their wants, and often +have a little money at interest. +</p> + +<span class="tei tei-pb" id="page226">[pg 226]</span><a name="Pg226" id="Pg226" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Town voters are partly representatives, i. e. many people pay +town taxes who have no right to vote, but the money they vote +away is principally their own. The towns in this state tax themselves +less willingly than smaller bodies. They generally however +tax themselves sufficiently to nearly pay the demands against +them within the year, very seldom raise money beforehand by +taxes. The General Assembly of this state could never be induced +to <em class="tei tei-emph"><span style="font-style: italic">attempt</span></em> to do more than pay the annual interest of what +they owe, and occasionally sink very small parts of the principal, +and they never in fact did thus much, and we are all witnesses +that they are full as careful of the public money as we can wish. +It never was a complaint that they were too ready to allow individuals +large sums. A man who has a claim against a town, +and applies to a town-meeting, is very likely to obtain justice: +but he who has a claim against the state, and applies to the General +Assembly, stands but a poor chance to obtain justice. Some +rule will be found to exclude his claim,—or to lessen it,—or he +will be paid in a security—not worth half the money. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You have uniformly experienced that your representatives are +as careful, if not more so, of your money, than you yourselves +are in your town-meetings; but still your representatives are +generally men of property, and those of them who are most independent, +and those whom you have sent to Congress, have not +been by any means the least careful. +</p> + +</div> + +<span class="tei tei-pb" id="page227">[pg 227]</span><a name="Pg227" id="Pg227" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Countryman, V.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New Haven Gazette, +(Number 44) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, December 20, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the People of Connecticut.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You do not hate to read Newspaper Essays on the new constitution, +more than I hate to write them. Then <em class="tei tei-emph"><span style="font-style: italic">we will be short</span></em>—which +I have often found the <em class="tei tei-emph"><span style="font-style: italic">best</span></em> expression in a dull sermon, +except the <em class="tei tei-emph"><span style="font-style: italic">last</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whether the mode of election pointed out in the proposed constitution +is well calculated to support the principles which were +designed to be established in the different branches of the legislature, +may perhaps be justly doubted:—and may perhaps in some +future day be discussed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The design undoubtedly was, that the house of representatives +should be a <em class="tei tei-emph"><span style="font-style: italic">popular</span></em> assembly,—that the senate should, in its nature, +be somewhat more permanent, and that the two houses +should be completely independent of each other. These <em class="tei tei-emph"><span style="font-style: italic">principles</span></em> +are right—for the present we will suppose they will be supported—there +then remains to be considered no considerable difference +between the constitutional government which is proposed, +and your present government, except that the time for which you +choose your present rulers is only for six and twelve months, and +the time for which you are to choose your continental rulers is +for two, four and six years. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The convention were mistaken if they supposed they should +lessen the evils of tumultuous elections by making elections less +frequent. But are your liberties endangered by this measure? +<span class="tei tei-pb" id="page228">[pg 228]</span><a name="Pg228" id="Pg228" class="tei tei-anchor"></a> +Philosophy may mislead you. Ask experience. Are not the +liberties of the people of England as safe as yours?—They are +not as free as yours, because much of their government is in the +hands of <em class="tei tei-emph"><span style="font-style: italic">hereditary majesty</span></em> and <em class="tei tei-emph"><span style="font-style: italic">nobility</span></em>. But is not that part +of the government which is under the control of the commons exceedingly +well guarded? But still the house of commons is only a +third branch—the <em class="tei tei-emph"><span style="font-style: italic">only</span></em> branch who are appointed by the people—and +they are chosen but once in <em class="tei tei-emph"><span style="font-style: italic">seven years</span></em>. Is there then any +danger to be apprehended from the length of time that your rulers +are to serve? when none are to serve more than six years—one +whole house but two years, and your President but +four. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The great power and influence of an hereditary monarch of +Britain has spread many alarms, from an apprehension that the +commons would sacrifice the liberties of the people to the money +or influence of the crown: but the influence of a powerful <em class="tei tei-emph"><span style="font-style: italic">hereditary</span></em> +monarch, with the national Treasury—Army—and fleet at +his command—and the whole executive government—and +one-third of the legislative in his hands constantly operating on a +house of commons, whose duration is never less than <em class="tei tei-emph"><span style="font-style: italic">seven years</span></em>, +unless this same monarch should <em class="tei tei-emph"><span style="font-style: italic">end</span></em> it, (which he can do in an +hour,) has never yet been sufficient to obtain one vote of the house +of commons which has taken from the people the <em class="tei tei-emph"><span style="font-style: italic">liberty of the +press</span></em>,—<em class="tei tei-emph"><span style="font-style: italic">trial by jury</span></em>,—<em class="tei tei-emph"><span style="font-style: italic">the +rights of conscience, or of private +property</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Can you then apprehend danger of oppression and tyranny +from the too great duration of the power of <em class="tei tei-emph"><span style="font-style: italic">your</span></em> rulers? +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page229">[pg 229]</span><a name="Pg229" id="Pg229" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc15" id="toc15"></a> +<a name="pdf16" id="pdf16"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of A Citizen Of New Haven, Written By Roger Sherman.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The New Haven Gazette,<br /> +December, 1789. +</p> + +<span class="tei tei-pb" id="page231">[pg 231]</span><a name="Pg231" id="Pg231" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These letters are ascribed to Sherman on the authority mentioned +at page <a href="#Pg213" class="tei tei-ref">213</a>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In a letter from James Madison to Edmund Randolph, (<span class="tei tei-hi"><span style="font-style: italic">Correspondence</span></span>, +1, 63), he says: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +On the subject of amendments, nothing has been publickly, +and very little privately, said. Such as I am known to have espoused +will, as far as I can gather, be attainable from the federalists, +who sufficiently predominate in both branches, though with +some the concurrence will proceed from a spirit of conciliation +rather than conviction. Connecticut is least inclined, though I +presume not inflexibly opposed, to a moderate revision. A paper, +which will probably be republished in the Virginia gazettes, +under the signature of a citizen of New Haven, unfolds Mr. Sherman's +opinions. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the <span class="tei tei-hi"><span style="font-style: italic">Writings of John Adams</span></span>, +(<span class="tei tei-hi"><span style="font-variant: small-caps">vi</span></span>, 427), is a correspondence +between Adams and Sherman, produced by these articles, which +should be studied in connection with them. +</p> + +</div> + +<span class="tei tei-pb" id="page233">[pg 233]</span><a name="Pg233" id="Pg233" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Citizen Of New Haven, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New Haven Gazette, +(Number 48) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, December 4, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Observations on the Alterations Proposed as Amendments to the +new Federal Constitution.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Six of the states have adopted the new constitution without +proposing any alteration, and the most of those proposed by the +conventions of other states may be provided for by congress in a +code of laws without altering the constitution. If congress may +be safely trusted with the affairs of the Union, and have sufficient +powers for that purpose, and possess no powers but such as respect +the common interest of the states (as I have endeavored to +show in a former piece), then all the matters that can be regulated +by law may safely be left to their discretion, and those will include +all that I have noticed except the following, which I think +on due consideration will appear to be improper or unnecessary. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. It is proposed that the consent of two-thirds or three-fourths +of the members present in this branch of the congress shall be +required for passing certain acts. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +On which I would observe, that this would give a minority in +congress power to controul the majority, joined with the concurrent +voice of the president, for if the president dissents, no act can +pass without the consent of two-thirds of the members in each +branch of congress; and would not that be contrary to the general +principles of republican government? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. That impeachments ought not to be tried by the senate, or +not by the senate alone. +</p> + +<span class="tei tei-pb" id="page234">[pg 234]</span><a name="Pg234" id="Pg234" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But what good reason can be assigned why the senate is not +the most proper tribunal for that purpose? The members are to +be chosen by the legislatures of the several states, who will doubtless +appoint persons of wisdom and probity, and from their office +can have no interested motives to partiality. The house of peers +in Great Britain try impeachments and are also a branch of the +legislature. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. It is said that the president ought not to have power to +grant pardons in cases of high treason, but the congress. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It does not appear that any great mischief can arise from the +exercise of this power by the president (though perhaps it might +as well have been lodged in congress). The president cannot +pardon in case of impeachment, so that such offenders may be +excluded from office notwithstanding his pardon. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. It is proposed that members of congress be rendered ineligible +to any other office during the time for which they are elected +members of that body. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is an objection that will admit of something plausible to +be said on both sides, and it was settled in convention on full discussion +and deliberation. There are some offices which a member +of congress may be best qualified to fill, from his knowledge of +public affairs acquired by being a member, such as minister to +foreign courts, &c., and on accepting any other office his seat in +congress will be vacated, and no member is eligible to any office +that shall have been instituted or the emoluments increased while +he was a member. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. It is proposed to make the president and senators ineligible +after certain periods. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But this would abridge the privilege of the people, and remove +one great motive to fidelity in office, and render persons incapable +of serving in offices, on account of their experience, which would +best qualify them for usefulness in office—but if their services are +not acceptable they may be left out at any new election. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. It is proposed that no commercial treaty should be made +without the consent of two-thirds of the senators, nor any cession +of territory, right of navigation or fishery, without the consent of +three-fourths of the members present in each branch of congress. +</p> + +<span class="tei tei-pb" id="page235">[pg 235]</span><a name="Pg235" id="Pg235" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is provided by the constitution that no commercial treaty +shall be made by the president without the consent of two-thirds +of the senators present, and as each state has an equal representation +and suffrage in the senate, the rights of the state will be as +well secured under the new constitution as under the old; and it +is not probable that they would ever make a cession of territory +or any important national right without the consent of congress. +The king of Great Britain has by the constitution a power to make +treaties, yet in matters of great importance he consults the parliament. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. There is one amendment proposed by the convention of +South Carolina respecting religious tests, by inserting the word +<em class="tei tei-emph"><span style="font-style: italic">other</span></em>, between the words <em class="tei tei-emph"><span style="font-style: italic">no</span></em> +and <em class="tei tei-emph"><span style="font-style: italic">religious</span></em> in that article, which is +an ingenious thought, and had that word been inserted, it would +probably have prevented any objection on that head. But it may +be considered as a clerical omission and be inserted without calling +a convention; as it now stands the effect will be the same. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +On the whole it is hoped that all the states will consent to make +a fair trial of the constitution before they attempt to alter it; experience +will best show whether it is deficient or not, on trial it +may appear that the alterations that have been proposed are not +necessary, or that others not yet thought of may be necessary; +everything that tends to disunion ought to be avoided. Instability +in government and laws tends to weaken a state and render +the rights of the people precarious. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If another convention should be called to revise the constitution, +'tis not likely they would be more unanimous than the former; +they might judge differently in some things, but is it certain that +they would judge better? When experience has convinced the +states and people in general that alterations are necessary, they +may be easily made, but attempting it at present may be detrimental +if not fatal to the union of the states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The judiciary department is perhaps the most difficult to be +precisely limited by the constitution, but congress have full power +to regulate it by law, and it may be found necessary to vary the regulations +at different times as circumstances may differ. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Congress may make requisitions for supplies previous to direct +<span class="tei tei-pb" id="page236">[pg 236]</span><a name="Pg236" id="Pg236" class="tei tei-anchor"></a> +taxation, if it should be thought to be expedient, but if requisitions +be made and some states comply and others not, the non-complying +states must be considered and treated as delinquents, +which will tend to excite disaffection and disunion among the +states, besides occasioning delay; but if congress lay the taxes in +the first instance these evils will be prevented, and they will doubtless +accommodate the taxes to the customs and convenience of the +several states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some suppose that the representation will be too small, but I +think it is in the power of congress to make it too large, but I believe +that it may be safely trusted with them. Great Britain contains +about three times the number of the inhabitants in the United +States, and according to Burgh's account in his political disquisitions, +the members of parliament in that kingdom do not exceed +131, and if 69 more be added from the principal cities and towns +the number would be 200; and strike off those who are elected by +the small boroughs, which are called the rotten part of the constitution +by their best patriots and politicians, that nation would +be more equally and better represented than at present; and if +that would be a sufficient number for their national legislature, +one-third of that number will be more than sufficient for our +federal legislature who will have few general matters to transact. +But these and other objections have been considered in a +former paper, before referred to. I shall therefore conclude this +with my best wishes for the continuance of the peace, liberty and +union of these states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Citizen of New Haven.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page237">[pg 237]</span><a name="Pg237" id="Pg237" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Citizen Of New Haven, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New Haven Gazette, +(Number 51) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, December 25, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Observations on the New Federal Constitution.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In order to form a good Constitution of Government, the legislature +should be properly organized, and be vested with plenary +powers for all the purposes for which the government was instituted, +to be exercised for the public good as occasion may require. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The greatest security that a people can have for the enjoyment +of their rights and liberties, is that no laws can be made to bind +them nor any taxes imposed upon them, without their consent by +representatives of their own chusing, who will participate with +them in the public burthens and benefits; this was the great point +contended for in our controversy with Great Britain, and this will +be fully secured to us by the new constitution. The rights of +the people will be secured by a representation in proportion to +their numbers in one branch of the legislature, and the rights of +the particular states by their equal representation in the other +branch. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The President and Vice-President as well as the members of +Congress will be eligible for fixed periods, and may be re-elected +as often as the electors shall think fit, which will be a great security +for their fidelity in office, and give greater stability and +energy to government than an exclusion by rotation, and will be +an operative and effectual security against arbitrary government, +either monarchical or aristocratic. +</p> + +<span class="tei tei-pb" id="page238">[pg 238]</span><a name="Pg238" id="Pg238" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The immediate security of the civil and domestic rights of the +people will be in the government of the particular states. And +as the different states have different local interests and customs +which can be best regulated by their own laws, it should not be +expedient to admit the federal government to interfere with them, +any farther than may be necessary for the good of the whole. +The great end of the federal government is to protect the several +states in the enjoyment of those rights, against foreign invasion, +and to preserve peace and a beneficial intercourse among themselves; +and to regulate and protect our commerce with foreign +nations. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These were not sufficiently provided for by the former articles +of confederation, which was the occasion of calling the late Convention +to make amendments. This they have done by forming +a new constitution containing the powers vested in the federal +government, under the former, with such additional powers as +they deemed necessary to attain the ends the states had in view, +in their appointment. And to carry those powers into effect, +they thought it necessary to make some alterations in the organization +of the government: this they supposed to be warranted by +their commission. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The powers vested in the federal government are clearly defined, +so that each state still retain its sovereignty in what concerns +its own internal government, and a right to exercise every +power of a sovereign state not particularly delegated to the government +of the United States. The new powers vested in the +United States, are, to regulate commerce; provide for a uniform +practice respecting naturalization, bankruptcies, and organizing, +arming and training the militia; and for the punishment of certain +crimes against the United States; and for promoting the progress +of science in the mode therein pointed out. There are +some other matters which Congress has power under the present +confederation to require to be done by the particular states, which +they will be authorized to carry into effect themselves under the +new constitution; these powers appear to be necessary for the +common benefit of the states, and could not be effectually provided +for by the particular states. +</p> + +<span class="tei tei-pb" id="page239">[pg 239]</span><a name="Pg239" id="Pg239" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The objects of expenditure will be the same under the new +constitution, as under the old; nor need the administration of +government be more expensive; the number of members of Congress +will be the same, nor will it be necessary to increase the +number of officers in the executive department or their salaries; +the supreme executive will be in a single person, who must have +an honourable support; which perhaps will not exceed the present +allowance to the President of Congress, and the expence of supporting +a committee of the states in the recess of Congress. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is not probable that Congress will have occasion to sit longer +than two or three months in a year, after the first session, which +may perhaps be something longer. Nor will it be necessary for +the Senate to sit longer than the other branch. The appointment +of officers may be made during the session of Congress, and trials +on impeachment will not often occur, and will require but little +time to attend to them. The security against keeping up armies +in time of peace will be greater under the new constitution than +under the present, because it can't be done without the concurrence +of two branches of the legislature, nor can any appropriation +of money for that purpose be in force more than two years; +whereas there is no restriction under the present confederation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The liberty of the press can be in no danger, because that is +not put under the direction of the new government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If the federal government keeps within its proper jurisdiction, +it will be the interest of the state legislatures to support it, and +they will be a powerful and effectual check to its interfering with +their jurisdiction. But the objects of federal government will be +so obvious that there will be no great danger of any interference. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The principal sources of revenue will be imposts on goods imported, +and sale of the western lands, which will probably be sufficient +to pay the debts and expences of the United States while +peace continues; but if there should be occasion to resort to direct +taxation, each state's quota will be ascertained according to a rule +which has been approved by the legislatures of eleven of the states, +and should any state neglect to furnish its quota, Congress may +raise it in the same manner that the state ought to have done; +and what remedy more easy and equitable could be devised, to +obtain the supplies from a delinquent state? +</p> + +<span class="tei tei-pb" id="page240">[pg 240]</span><a name="Pg240" id="Pg240" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some object, that the representation will be too small; but the +states have not thought fit to keep half the number of representatives +in Congress that they are entitled to under the present confederation; +and of what advantage can it be to have a large assembly +to transact the few general matters that will come under +the direction of Congress.—The regulating of time, place and +manner of elections seems to be as well secured as possible; the +legislature of each state may do it, and if they neglect to do it in +the best manner, it may be done by Congress;—and what motive +can either have to injure the people in the exercise of that right? +The qualifications of the electors are to remain as fixed by the +constitutions and laws of the several states. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is by some objected, that the executive is blended with the +legislature, and that those powers ought to be entirely distinct +and unconnected, but is not this a gross error in politics? The +united wisdom and various interests of a nation should be combined +in framing the laws. But the execution of them should not +be in the whole legislature; that would be too troublesome and +expensive; but it will not thence follow that the executive should +have no voice or influence in legislation. The executive in Great +Britain is one branch of the legislature, and has a negative on all +laws; perhaps that is an extreme not to be imitated by a republic, +but the partial negative vested in the President by the new Constitution +on the acts of Congress and the subsequent revision, +may be very useful to prevent laws being passed without mature +deliberation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Vice-President while he acts as President of the Senate +will have nothing to do in the executive department; his being +elected by all the states will incline him to regard the interests of +the whole, and when the members of the senate are equally divided +on any question, who so proper to give a casting vote as +one who represents all the states? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The power of the President to grant pardons extends only to +offences committed against the United States, which can't be productive +of much mischief, especially as those on Impeachment +are excepted, which will exclude offenders from office. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It was thought necessary in order to carry into effect the laws +<span class="tei tei-pb" id="page241">[pg 241]</span><a name="Pg241" id="Pg241" class="tei tei-anchor"></a> +of the Union, to promote justice, and preserve harmony among +the states, to extend the judicial powers of the United States to +the enumerated cases, under such regulations and with such exceptions +as shall be provided by law, which will doubtless reduce +them to cases of such magnitude and importance as cannot safely +be trusted to the final decision of the courts of particular states; +and the constitution does not make it necessary that any inferior +tribunals should be instituted, but it may be done if found necessary; +'tis probable that the courts of particular states will be authorized +by the laws of the union, as has been heretofore done in +cases of piracy, &c., and the Supreme Court may have a circuit +to make trials as convenient, and as little expensive as possible +to the parties; nor is there anything in the constitution to deprive +them of trial by jury in cases where that mode of trial has been +heretofore used. All cases in the courts of common law between +citizens of the same state, except those claiming lands under +grants of different states, must be finally decided by courts of the +state to which they belong, so that it is not probable that more +than one citizen to a thousand will ever have a cause that can +come before a federal court. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every department and officer of the federal government will be +subject to the regulation and control of the laws, and the people +will have all possible securities against oppression. Upon the +whole, the constitution appears to be well framed to secure the +rights and liberties of the people and for preserving the governments +of the individual states, and if well administered, to restore +and secure public and private credit, and to give respectability to +the states both abroad and at home. Perhaps a more perfect one +could not be formed on mere speculation; and if upon experience +it shall be found deficient, it provides an easy and peaceable mode +to make amendments. Is it not much better to adopt it than to +continue in present circumstances? Its being agreed to by all +the states present in Convention, is a circumstance in its favour, +so far as any respect is due to their opinions. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Citizen of New Haven.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page243">[pg 243]</span><a name="Pg243" id="Pg243" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc17" id="toc17"></a> +<a name="pdf18" id="pdf18"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of Cato, Written By George Clinton.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The New York Journal,<br /> +September-January, 1787-8. +</p> + +<span class="tei tei-pb" id="page245">[pg 245]</span><a name="Pg245" id="Pg245" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These letters were commonly ascribed to the pen of George +Clinton in the press of the day, and that this ascription was right +seems to be proved by the following letter. Though signed by +Hamilton, it is in the handwriting of John Lamb, a leading anti-federalist +of New York, and is in the George Clinton MSS. in the +New York State Library. It thus seems apparent that it is a +copy secured in some way by Hamilton's political opponents: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> + +<p class="tei tei-p" style="margin-bottom: 0.90em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-variant: small-caps">October 18, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Dear Sir</span></span><span style="font-size: 90%">: +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Since my last the chief of the state party has declared his opposition +to the government proposed, both in private conversation +and in print. That you may judge of the </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">reason</span></em><span style="font-size: 90%"> +and </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">fairness</span></em><span style="font-size: 90%"> of +his views, I send you the two essays, with a reply by Cæsar. On +further consideration it was concluded to abandon this personal +form, and to take up the principles of the whole subject. These +will be sent you as published, and might with advantage be republished +in your gazettes. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-variant: small-caps">A. Hamilton.</span></span> +</p> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This copy, so obtained, seems to have been the basis of the +following note in the <span class="tei tei-hi"><span style="font-style: italic">New York Journal</span></span>: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">A writer in the state of New-York, under the signature of +</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Cesar</span></span><span style="font-size: 90%">, came forward +against the patriotic </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Cato</span></span><span style="font-size: 90%"> and endeavoured +to frighten him from starting any objections and threatened that +</span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Cato</span></span><span style="font-size: 90%"> would be followed +by </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Cesar</span></span><span style="font-size: 90%"> in all his marches;</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> but we find +that as soon as ever </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Cato</span></span><span style="font-size: 90%"> came freely to discuss the merit of the +constitution </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Cesar</span></span><span style="font-size: 90%"> retreated and disappeared: and since that a +publication under the signature of Publius ... has appeared in +that state.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Another evidence in confirmation is, that the last of this series +was printed on January 3, 1788, and the New York Assembly +met on the 9th of the same month, after which Governor Clinton +was probably too occupied to write more, though no conclusion +was announced in the last essay, and it is probable no such termination +was intended. Following these are the two essays of +<span class="tei tei-hi"><span style="font-style: italic">Cæsar</span></span> mentioned above. +</p> + +</div> + +<span class="tei tei-pb" id="page247">[pg 247]</span><a name="Pg247" id="Pg247" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cato, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2134) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, September 27, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the New York Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of the State of New York</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Convention, who sat at Philadelphia, have at last delivered +to Congress that system of general government, which they have +declared best calculated to promote your safety and happiness as +citizens of the United States. This system, though not handed +to you formally by the authority of government, has obtained an +introduction through divers channels; and the minds of you all, +to whose observation it has come, have no doubt been contemplating +it; and alternate joy, hope, or fear have preponderated, as +it conformed to, or differed from, your various ideas of just government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Government, to an American, is the science of his political +safety; this then is a moment to you the most important—and +that in various points—to your reputation as members of a great +nation—to your immediate safety, and to that of your posterity. +In your private concerns and affairs of life you deliberate with +caution, and act with prudence; your public concerns require a +caution and prudence, in a ratio suited to the difference and dignity +of the subject. The disposal of your reputation, and of your +lives and property, is more momentous than a contract for a farm, +or the sale of a bale of goods; in the former, if you are negligent +or inactive, the ambitious and despotic will entrap you in their +toils, and bind you with the cord of power from which you, and +<span class="tei tei-pb" id="page248">[pg 248]</span><a name="Pg248" id="Pg248" class="tei tei-anchor"></a> +your posterity may never be freed; and if the possibility should +exist, it carries along with it consequences that will make your +community totter to its center: in the latter, it is the mere loss of +a little property, which more circumspection or assiduity may +repair. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Without directly engaging as an advocate for this new form of +national government, or as an opponent—let me conjure you to +consider this a very important crisis of your safety and character. +You have already, in common with the rest of your countrymen, +the citizens of the other states, given to the world astonishing evidence +of your greatness—you have fought under peculiar circumstances, +and were successful against a powerful nation on a speculative +question, you have established an original compact between +you and your governors, a fact heretofore unknown in the formation +of the governments of the world; your experience has informed +you, that there are defects in the federal system, and, to +the astonishment of mankind, your legislatures have concerted +measures for an alteration, with as much ease as an individual +would make a disposition of his ordinary domestic affairs: this +alteration now lies before you, for your consideration; but beware +how you determine—do not, because you admit that something +must be done, adopt anything—teach the members of that convention +that ye are capable of a supervision of their conduct. +The same medium that gave you this system, if it is erroneous, +while the door is now open, can make amendments, or give you +another, if it is required. Your fate, and that of your posterity, +depends on your present conduct; do not give the latter reason to +curse you, nor yourselves cause of reprehension; as individuals +you are ambitious of leaving behind you a good name, and it is +the reflection that you have done right in this life, that blunts the +sharpness of death; the same principles would be a consolation +to you, as patriots, in the hour of dissolution, that you would +leave to your children a fair political inheritance, untouched by +the vultures of power, which you had acquired by an <em class="tei tei-emph"><span style="font-style: italic">unshaken +perseverance</span></em> in the cause of liberty; but how miserable the alternative—you +would deprecate the ruin you had brought upon +yourselves, be the curse of posterity, and the scorn and scoff of +nations. +</p> + +<span class="tei tei-pb" id="page249">[pg 249]</span><a name="Pg249" id="Pg249" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Deliberate, therefore, on this new national government with +coolness; analize it with criticism; and reflect on it with candor: +if you find that the influence of a powerful few, or the exercise +of a standing army, will always be directed and exerted for your +welfare alone, and not to the aggrandizement of themselves, and +that it will secure to you and your posterity happiness at home, +and national dignity and respect from abroad, adopt it; if it will +not, reject it with indignation—better to be where you are for the +present, than insecure forever afterwards. Turn your eyes to the +United Netherlands, at this moment, and view their situation; +compare it with what yours may be, under a government substantially +similar to theirs. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Beware of those who wish to influence your passions, and to +make you dupes to their resentments and little interests—personal +invectives can never persuade, but they always fix prejudices, +which candor might have removed—those who deal in them have +not your happiness at heart. Attach yourselves to measures, +not to men. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This form of government is handed to you by the recommendations +of a man who merits the confidence of the public; but +you ought to recollect that the wisest and best of men may err, +and their errors, if adopted, may be fatal to the community; +therefore, in principles of <em class="tei tei-emph"><span style="font-style: italic">politics</span></em>, as well as in religious faith, +every man ought to think for himself. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hereafter, when it will be necessary, I shall make such observations +on this new constitution as will tend to promote your +welfare and be justified by reason and truth. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cato.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Sept. 26, 1787.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page250">[pg 250]</span><a name="Pg250" id="Pg250" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cato, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2136) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, October 11, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the New York Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">To the</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">Citizens</span></span> +<span class="tei tei-hi"><span style="font-style: italic">of the</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">State</span></span> +<span class="tei tei-hi"><span style="font-style: italic">of</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">New York</span></span>: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-lg" style="margin-bottom: 0.90em; margin-top: 0.90em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">“</span><span style="font-size: 90%">Remember, O my friends! the laws, the rights,</span></span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">The generous plan of power deliver'd down,</span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">By your renown'd Forefathers;</span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">So dearly bought, the price of so much blood!</span></div> +<div class="tei tei-l" style="text-align: left"><span style="font-size: 90%">O let it never perish in your hands!</span></div> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left"><span style="font-size: 90%">But piously transmit it to your children.</span><span style="font-size: 90%">”</span></span></div> +</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The object of my last address to you was to engage your dispassionate +consideration of the new Federal government; to caution +you against precipitancy in the adoption of it; to recommend +a correction of its errors, if it contained any; to hint to you the +danger of an easy perversion of some of its powers; to solicit you +to separate yourselves from party, and to be independent of and +uninfluenced by any in your principles of politics; and that address +was closed with a promise of future observations on the +same subject, which should be justified by reason and truth. Here +I intended to have rested the introduction; but a writer under the +signature of CÆSAR, in Mr. Child's paper of the 1st instant, who +treats you with passion, insult, and threat, has anticipated those +observations which would otherwise have remained in silence +until a future period. It would be criminal in me to hesitate a +moment to appear as your advocate in so interesting a cause, and +to resist the influence of such doctrines as this Cæsar holds. I +<span class="tei tei-pb" id="page251">[pg 251]</span><a name="Pg251" id="Pg251" class="tei tei-anchor"></a> +shall take no other cognizance of his remarks on the <em class="tei tei-emph"><span style="font-style: italic">questionable</span></em> +shape of my future, or the <em class="tei tei-emph"><span style="font-style: italic">equivocal</span></em> appearance of my past reflections, +than to declare, that in my past, I did not mean to be misunderstood +(for Cæsar himself declares that it is obviously the +language of distrust), and that in my future there will not be the +semblance of doubt. But what is the language of Cæsar—he +ridicules your prerogative, power, and majesty—he talks of this +<em class="tei tei-emph"><span style="font-style: italic">proffered constitution</span></em> as the tender mercy of a benevolent sovereign +to deluded subjects, or, as his tyrant name-sake, of his proffered +grace to the virtuous Cato:—he shuts the door of free deliberation +and discussion, and declares that you must receive this +government in manner and form as it is <em class="tei tei-emph"><span style="font-style: italic">proffered</span></em>—that you cannot +revise or amend it, and lastly, to close the scene, he insinuates +that it will be more healthy for you that the American +Fabius should be induced to accept of the presidency of this new +government than that, in case you do not acquiesce, he should be +solicited to command an army to impose it on you. Is not your +indignation roused at this absolute, imperious style? For what +did you open the veins of your citizens and expend their treasure? +For what did you throw off the yoke of Britain and call yourselves +independent? Was it from a disposition fond of change, +or to procure new masters?—if those were your motives, you +have reward before you—go, retire into silent obscurity, and kiss +the rod that scourges you, bury the prospects you had in store, +that you and your posterity would participate in the blessings of +freedom, and the employments of your country—let the rich and +insolent alone be your rulers. Perhaps you are designed by +providence as an emphatic evidence of the mutability of human +affairs, to have the show of happiness only, that your misery may +seem the sharper, and if so, you must submit. But if you had +nobler views, and you are not designed by heaven as an example—are +you now to be derided and insulted? Is the power of +thinking, on the only subject important to you, to be taken away? +and if per chance you should happen to differ from Cæsar, are +you to have Cæsar's principles crammed down your throats with +an army? God forbid! +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In democratic republics the people collectively are considered +<span class="tei tei-pb" id="page252">[pg 252]</span><a name="Pg252" id="Pg252" class="tei tei-anchor"></a> +as the sovereign—all legislative, judicial, and executive power, is +inherent in and derived from them. As a people, your power +and authority have sanctioned and established the present government—your +executive, legislative, and judicial acknowledge it +by their public acts—you are again solicited to sanction and +establish the future one—yet this Cæsar mocks your dignity and +laughs at the majesty of the people. Cæsar, with his usual dogmatism, +enquires, if I had talents to throw light on the subject of +legislation, why did I not offer them when the Convention was in +session? He is answered in a moment—I thought with him and +you, that the wisdom of America, in that Convention, was drawn +as it were to a Focus. I placed an unbounded confidence in some +of the characters who were members of it, from the services they +had rendered their country, without adverting to the ambitious +and interested views of others. I was willingly led to expect a +model of perfection and security that would have astonished the +world. Therefore to have offered observation, on the subject of +legislation, under these impressions, would have discovered no +less arrogance than Cæsar. The Convention, too, when in session, +shut their doors to the observations of the community, and their +members were under an obligation of secrecy. Nothing transpired. +To have suggested remarks on unknown and anticipated +principles would have been like a man groping in the dark, and +folly in the extreme. I confess, however, I have been disappointed, +and Cæsar is candid enough to make the same declaration, +for he thinks it <em class="tei tei-emph"><span style="font-style: italic">might</span></em> have been more perfect. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But to call in dispute, at this time, and in the manner Cæsar +does, the right of free deliberation on this subject, is like a man's +propounding a question to another, and telling him at the same +that if he does not answer agreeable to the opinion of the propounder, +he will exert force to make him of the same sentiment: +to exemplify this, it will be necessary to give you a short history +of the rise and progress of the Convention, and the conduct of +Congress thereon. The states in Congress suggested, that the +articles of confederation had provided for making alterations in +the confederation—that there were defects therein, and as a means +to remedy which, a Convention of delegates, appointed by the +<span class="tei tei-pb" id="page253">[pg 253]</span><a name="Pg253" id="Pg253" class="tei tei-anchor"></a> +different states, was resolved expedient to be held for the sole and +express purpose of revising it, and reporting to Congress and the +different legislatures such alterations and provisions therein as +should (when agreed to in Congress and confirmed by the several +states) render the federal constitution adequate to the exigencies +of government. This resolution is sent to the different states, and +the legislature of this state, with others, appoint, in conformity +thereto, delegates for the purpose, and in the words mentioned in +that resolve, as by the resolution of Congress, and the concurrent +resolutions of the senate and assembly of this state, subjoined, will +appear. For the sole and express purpose aforesaid a Convention +of delegates is formed at Philadelphia: what have they done? +Have they revised the confederation, and has Congress agreed to +their report?—neither is the fact. This Convention have exceeded +the authority given to them, and have transmitted to Congress a +new political fabric, essentially and fundamentally distinct and +different from it, in which the different states do not retain separately +their sovereignty and independency, united by a confederate +league—but one entire sovereignty, a consolidation of them +into one government—in which new provisions and powers are +not made and vested in Congress, but in an assembly, senate, and +president, who are not known in the articles of confederation. +Congress, without agreeing to, or approving of, this system +<em class="tei tei-emph"><span style="font-style: italic">proffered</span></em> +by the Convention, have sent it to the different legislatures, +not for their confirmation, but to submit it to the people; not in +conformity to their own resolution, but in conformity to the resolution +of the Convention made and provided in that case.<a id="noteref_53" name="noteref_53" href="#note_53"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">53</span></span></a> Was +it, then, from the face of the foregoing facts, the intention of Congress, +and of this and the other states, that the essence of our +present national government should be annihilated, or that it +should be retained and only have an increase of substantial necessary +powers? Congress, sensible of this latter principle, and that +<span class="tei tei-pb" id="page254">[pg 254]</span><a name="Pg254" id="Pg254" class="tei tei-anchor"></a> +the Convention had taken on themselves a power which neither +they nor the other states had a right to delegate to them, and +that they could not agree to and approve of this consolidated +system, nor the states confirm it—have been silent on its character; +and although many have dwelt on their unanimity, it is no +less than the unanimity of opinion that it originated in an assumption +of power, which your voice alone can sanctify. This new +government, therefore, founded in usurpation, is referred to your +opinion as the origin of power not heretofore delegated, and, to +this end, the exercise of the prerogative of free examination is +essentially necessary; and yet you are unhesitatingly to acquiesce, +and if you do not, the American Fabius, if we may believe Cæsar +is to command an army to impose it. It is not my view to rouse +your passions. I only wish to excite you to, and assist you in, a +cool and deliberate discussion of the subject, to urge you to behave +like sensible freemen. Think, speak, act, and assert your +opinions and rights—let the same good sense govern you with +respect to the adoption of a future system for the administration +of your public affairs that influenced you in the formation of the +present. Hereafter I do not intend to be diverted by Cæsar, or +any other. My object is to take up this new form of national +government—compare it with the experience and opinions of the +most sensible and approved political authors—and to show that +its principles, and the exercise of them, will be dangerous to your +liberty and happiness. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cato.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page255">[pg 255]</span><a name="Pg255" id="Pg255" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cato, III.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2138) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, October 25, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of the State of New York</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the close of my last introductory address, I told you that +my object in the future would be to take up this new form of +national government, to compare it with the experience and opinions +of the most sensible and approved political authors, and to +show you that its principles, and the exercise of them, will be +dangerous to your liberty and happiness. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Although I am conscious that this is an arduous undertaking, +yet I will perform it to the best of my ability. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The freedom, equality and independence which you enjoyed by +nature, induced you to consent to a political power. The same +principles led you to examine the errors and vices of a British +superintendence, to divest yourselves of it, and to reassume a new +political shape. It is acknowledged that there are defects in this, +and another is tendered to you for acceptance; the great question +then, that arises on this new political principle, is, whether it will +answer the ends for which it is said to be offered to you, and for +which all men engage in political society, to wit, the preservation +of their lives, liberties, and estates. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The recital, or premises on which the new form of government +is erected, declares a consolidation or union of all the thirteen +parts, or states, into one great whole, under the firm of the United +States, for all the various and important purposes therein set +forth. But whoever seriously considers the immense extent of +<span class="tei tei-pb" id="page256">[pg 256]</span><a name="Pg256" id="Pg256" class="tei tei-anchor"></a> +territory comprehended within the limits of the United States, +together with the variety of its climates, productions, and commerce, +the difference of extent, and number of inhabitants in all; +the dissimilitude of interest, morals, and politics, in almost every +one, will receive it as an intuitive truth, that a consolidated republican +form of government therein, can never <em class="tei tei-emph"><span style="font-style: italic">form a perfect +union, establish justice, insure domestic tranquility, promote the general +welfare, and secure the blessings of liberty to you and your +posterity</span></em>, for to these objects it must be directed: this unkindred +legislature therefore, composed of interests opposite and dissimilar +in their nature, will in its exercise, emphatically be like a +house divided against itself. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The governments of Europe have taken their limits and form +from adventitious circumstances, and nothing can be argued on +the motive of agreement from them; but these adventitious political +principles, have nevertheless produced effects that have +attracted the attention of philosophy, which have established +axioms in the science of politics therefrom, as irrefragable as any +in Euclid. It is natural, says Montesquieu, <em class="tei tei-emph"><span style="font-style: italic">to a republic to have +only a small territory, otherwise it cannot long subsist: in a large +one, there are men of large fortunes, and consequently of less moderation; +there are too great deposits to trust in the hands of a single +subject; an ambitious person soon becomes sensible that he may +be happy, great, and glorious by oppressing his fellow citizens, and +that he might raise himself to grandeur, on the ruins of his country. +In large republics, the public good is sacrificed to a thousand views; +in a small one, the interest of the public is easily perceived, better +understood, and more within the reach of every citizen; abuses have +a less extent, and of course are less protected</span></em>—he also shows you, +that the duration of the republic of Sparta was owing to its having +continued with the same extent of territory after all its wars; +and that the ambition of Athens and Lacedemon to command and +direct the union, lost them their liberties, and gave them a monarchy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From this picture, what can you promise yourselves, on the +score of consolidation of the United States into one government? +Impracticability in the just exercise of it, your freedom insecure, +<span class="tei tei-pb" id="page257">[pg 257]</span><a name="Pg257" id="Pg257" class="tei tei-anchor"></a> +even this form of government limited in its continuance, the employments +of your country disposed of to the opulent, to whose +contumely you will continually be an object—you must risk +much, by indispensably placing trusts of the greatest magnitude, +into the hands of individuals whose ambition for power, and +aggrandizement, will oppress and grind you—where from the vast +extent of your territory, and the complication of interests, the +science of government will become intricate and perplexed, and +too mysterious for you to understand and observe; and by which +you are to be conducted into a monarchy, either limited or despotic; +the latter, Mr. Locke remarks, <span class="tei tei-hi"><span style="font-style: italic">is a government derived +from neither nature nor compact</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Political liberty</span></span>, the great +Montesquieu again observes, <span class="tei tei-hi"><span style="font-style: italic">consists +in security, or at least in the opinion we have of security</span></span>; and this +<em class="tei tei-emph"><span style="font-style: italic">security</span></em>, therefore, or the <em class="tei tei-emph"><span style="font-style: italic">opinion</span></em>, is best obtained in +moderate governments, where the mildness of the laws, and the equality of +the manners, beget a confidence in the people, which produces +this security, or the opinion. This moderation in governments +depends in a great measure on their limits, connected with their +political distribution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The extent of many of the states of the Union, is at this time +almost too great for the superintendence of a republican form of +government, and must one day or other revolve into more vigorous +ones, or by separation be reduced into smaller and more useful, +as well as moderate ones. You have already observed the +feeble efforts of Massachusetts against their insurgents; with what +difficulty did they quell that insurrection; and is not the province +of Maine at this moment on the eve of separation from her? +The reason of these things is, that for the security of the <em class="tei tei-emph"><span style="font-style: italic">property</span></em> +of the community, in which expressive term Mr. Locke makes +life, liberty, and estate, to consist—the wheels of a republic are +necessarily slow in their operation; hence in large free republics, +the evil sometimes is not only begun, but almost completed, before +they are in a situation to turn the current into a contrary +progression: the extremes are also too remote from the usual seat +of government, and the laws, therefore, too feeble to afford protection +to all its parts, and insure <em class="tei tei-emph"><span style="font-style: italic">domestic tranquility</span></em> without the +<span class="tei tei-pb" id="page258">[pg 258]</span><a name="Pg258" id="Pg258" class="tei tei-anchor"></a> +aid of another principle. If, therefore, this state, and that of North +Carolina, had an army under their control, they never would have +lost Vermont, and Frankland, nor the state of Massachusetts suffer +an insurrection, or the dismemberment of her fairest district, but +the exercise of a principle which would have prevented these +things, if we may believe the experience of ages, would have +ended in the destruction of their liberties. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Will this consolidated republic, if established, in its exercise +beget such confidence and compliance, among the citizens of these +states, as to do without the aid of a standing army? I deny that +it will. The malcontents in each state, who will not be a few, +nor the least important, will be exciting factions against it—the +fear of a dismemberment of some of its parts, and the necessity to +enforce the execution of revenue laws (a fruitful source of oppression) +on the extremes and in the other districts of the government, +will incidentally and necessarily require a permanent +force, to be kept on foot: will not political security, and even the +opinion of it, be extinguished? Can mildness and moderation +exist in a government where the primary incident in its exercise +must be force? Will not violence destroy confidence, and can +equality subsist where the extent, policy, and practice of it will +naturally lead to make odious distinctions among citizens? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The people who may compose this national legislature from +the southern states, in which, from the mildness of the climate, +the fertility of the soil, and the value of its productions, wealth is +rapidly acquired, and where the same causes naturally lead to +luxury, dissipation, and a passion for aristocratic distinction; +where slavery is encouraged, and liberty of course less respected +and protected; who know not what it is to acquire property by +their own toil, nor to economize with the savings of industry—will +these men, therefore, be as tenacious of the liberties and interests +of the more northern states, where freedom, independence, +industry, equality and frugality are natural to the climate and +soil, as men who are your own citizens, legislating in your own +state, under your inspection, and whose manners and fortunes +bear a more equal resemblance to your own? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It may be suggested, in answer to this, that whoever is a citizen +<span class="tei tei-pb" id="page259">[pg 259]</span><a name="Pg259" id="Pg259" class="tei tei-anchor"></a> +of one state is a citizen of each, and that therefore he will be +as interested in the happiness and interest of all, as the one he is +delegated from; but the argument is fallacious, and, whoever has +attended to the history of mankind, and the principles which bind +them together as parents, citizens, or men, will readily perceive +it. These principles are, in their exercise, like a pebble cast on +the calm surface of a river—the circles begin in the center, and +are small, active, and forcible, but as they depart from that point, +they lose their force, and vanish into calmness. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The strongest principle of union resides within our domestic +walls. The ties of the parent exceed that of any other; as we +depart from home, the next general principle of union is amongst +citizens of the same state, where acquaintance, habits, and fortunes, +nourish affection, and attachment; enlarge the circle still +further, and, as citizens of different states, though we acknowledge +the same national denomination, we lose in the ties of acquaintance, +habits, and fortunes, and thus by degrees we lessen in our +attachments, till, at length, we no more than acknowledge a sameness +of species. Is it, therefore, from certainty like this, reasonable +to believe, that inhabitants of Georgia, or New Hampshire, +will have the same obligations towards you as your own, and +preside over your lives, liberties, and property, with the same care +and attachment? Intuitive reason answers in the negative. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the course of my examination of the principles of consolidation +of the states into one general government, many other reasons +against it have occurred, but I flatter myself, from those +herein offered to your consideration, I have convinced you that +it is both presumptuous and impracticable, consistent with your +safety. To detain you with further remarks would be useless. I +shall, however, continue in my following numbers to analyse this +new government, pursuant to my promise. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cato.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page260">[pg 260]</span><a name="Pg260" id="Pg260" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cato, IV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2140) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, November 8, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the New York Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of the State of New York</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Admitting, however, that the vast extent of America, together +with the various other reasons which I offered you in +my last number, against the practicability of the just exercise +of the new government are insufficient to convince; still it is +an undesirable truth, that its several parts are either possessed +of principles, which you have heretofore considered as ruinous +and that others are omitted which you have established as fundamental +to your political security, and must in their operation, I +will venture to assert, fetter your tongues and minds, enchain +your bodies, and ultimately extinguish all that is great and noble +in man. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In pursuance of my plan I shall begin with observations on the +executive branch of this new system; and though it is not the +first in order, as arranged therein, yet being the <em class="tei tei-emph"><span style="font-style: italic">chief</span></em>, is perhaps +entitled by the rules of rank to the first consideration. The executive +power as described in the 2d article, consists of a president +and vice-president, who are to hold their offices during the +term of four years; the same article has marked the manner and +time of their election, and established the qualifications of the +president; it also provides against the removal, death, or inability +of the president and vice-president—regulates the salary of the +<span class="tei tei-pb" id="page261">[pg 261]</span><a name="Pg261" id="Pg261" class="tei tei-anchor"></a> +president, delineates his duties and powers; and, lastly, declares +the causes for which the president and vice-president shall be removed +from office. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Notwithstanding the great learning and abilities of the gentlemen +who composed the convention, it may be here remarked with +deference, that the construction of the first paragraph of the first +section of the second article is vague and inexplicit, and leaves +the mind in doubt as to the election of a president and vice-president, +after the expiration of the election for the first term of four +years; in every other case, the election of these great officers is +expressly provided for; but there is no explicit provision for their +election in case of expiration of their offices, subsequent to the +election which is to set this political machine in motion; no certain +and express terms as in your state constitution, that <em class="tei tei-emph"><span style="font-style: italic">statedly</span></em> +once in every four years, and as often as these offices shall become +vacant, by expiration or otherwise, as is therein expressed, +an election shall be held as follows, &c., this inexplicitness perhaps +may lead to an establishment for life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is remarked by Montesquieu, in treating of republics, that <em class="tei tei-emph"><span style="font-style: italic">in +all magistracies, the greatness of the power must be compensated +by the brevity of the duration, and that a longer time than a year +would be dangerous</span></em>. It is, therefore, obvious to the least intelligent +mind to account why great power in the hands of a magistrate, +and that power connected with considerable duration, may +be dangerous to the liberties of a republic, the deposit of vast +trusts in the hands of a single magistrate, enables him in their +exercise to create a numerous train of dependents; this tempts +his <em class="tei tei-emph"><span style="font-style: italic">ambition</span></em>, which in a republican magistrate +is also remarked, <em class="tei tei-emph"><span style="font-style: italic">to +be pernicious</span></em>, and the duration of his office for any considerable +time favors his views, gives him the means and time to perfect +and execute his designs, <em class="tei tei-emph"><span style="font-style: italic">he therefore fancies that he may be great +and glorious by oppressing his fellow-citizens, and raising himself +to permanent grandeur on the ruins of his country</span></em>. And here it +may be necessary to compare the vast and important powers of +the president, together with his continuance in office, with the +foregoing doctrine—his eminent magisterial situation will attach +many adherents to him, and he will be surrounded by expectants +<span class="tei tei-pb" id="page262">[pg 262]</span><a name="Pg262" id="Pg262" class="tei tei-anchor"></a> +and courtiers, his power of nomination and influence on all appointments, +the strong posts in each state comprised within his +superintendence, and garrisoned by troops under his direction, his +control over the army, militia, and navy, the unrestrained power +of granting pardons for treason, which may be used to screen +from punishment those whom he had secretly instigated to +commit the crime, and thereby prevent a discovery of his own +guilt, his duration in office for four years: these, and various other +principles evidently prove the truth of the position, that if the +president is possessed of ambition, he has power and time sufficient +to ruin his country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Though the president, during the sitting of the legislature, is +assisted by the senate, yet he is without a constitutional council +in their recess; he will therefore be unsupported by proper information +and advice, and will generally be directed by minions +and favorites, or a council of state will grow out of the principal +officers of the great departments, the most dangerous council in +a free country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The ten miles square, which is to become the seat of government, +will of course be the place of residence for the president +and the great officers of state; the same observations of a great +man will apply to the court of a president possessing the powers +of a monarch, that is observed of that of a monarch—<em class="tei tei-emph"><span style="font-style: italic">ambition +with idleness</span></em>—<em class="tei tei-emph"><span style="font-style: italic">baseness with pride</span></em>—<em class="tei tei-emph"><span style="font-style: italic">the +thirst of riches without labor</span></em>—<em class="tei tei-emph"><span style="font-style: italic">aversion to +truth</span></em>—<em class="tei tei-emph"><span style="font-style: italic">flattery</span></em>—<em class="tei tei-emph"><span style="font-style: italic">treason</span></em>—<em class="tei tei-emph"><span style="font-style: italic">perfidy</span></em>—<em class="tei tei-emph"><span style="font-style: italic">violation +of engagements</span></em>—<em class="tei tei-emph"><span style="font-style: italic">contempt of civil +duties</span></em>—<em class="tei tei-emph"><span style="font-style: italic">hope from the magistrate's +weakness</span></em>; <em class="tei tei-emph"><span style="font-style: italic">but above all, the perpetual ridicule +of virtue</span></em>—these, he +remarks, are the characteristics by which the courts in all ages +have been distinguished. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The language and the manners of this court will be what distinguishes +them from the rest of the community, not what assimilates +them to it; and in being remarked for a behavior that +shows they are not <em class="tei tei-emph"><span style="font-style: italic">meanly born</span></em>, and in adulation to people of +fortune and power. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The establishment of a vice-president is as unnecessary as it is +dangerous. This officer, for want of other employment, is made +president of the senate, thereby blending the executive and legislative +<span class="tei tei-pb" id="page263">[pg 263]</span><a name="Pg263" id="Pg263" class="tei tei-anchor"></a> +powers, besides always giving to some one state, from +which he is to come, an unjust pre-eminence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a maxim in republics that the representative of the people +should be of their immediate choice; but by the manner in which +the president is chosen, he arrives to this office at the fourth or +fifth hand, nor does the highest vote, in the way he is elected, +determine the choice, for it is only necessary that he should be +taken from the highest of five, who may have a plurality of votes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Compare your past opinions and sentiments with the present +proposed establishment, and you will find, that if you adopt it, +that it will lead you into a system which you heretofore reprobated +as odious. Every American Whig, not long since, bore +his emphatic testimony against a monarchical government, +though limited, because of the dangerous inequality that it +created among citizens as relative to their rights and property; +and wherein does this president, invested with his powers and +prerogatives, essentially differ from the king of Great Britain +(save as to name, the creation of nobility, and some immaterial incidents, +the offspring of absurdity and locality). The direct prerogatives +of the president, as springing from his political character, +are among the following: It is necessary, in order to distinguish +him from the rest of the community, and enable him to +keep, and maintain his court, that the compensation for his services, +or in other words, his revenue, should be such as to enable +him to appear with the splendor of a prince; he has the +power of receiving ambassadors from, and a great influence on +their appointments to foreign courts; as also to make treaties, +leagues, and alliances with foreign states, assisted by the Senate, +which when made become the supreme law of land: he is a constituent +part of the legislative power, for every bill which shall +pass the House of Representatives and Senate is to be presented +to him for approbation; if he approves of it he is to sign +it, if he disapproves he is to return it with objections, which in +many cases will amount to a complete negative; and in this view +he will have a great share in the power of making peace, coining +money, etc., and all the various objects of legislation, expressed +or implied in this Constitution: for though it may be asserted +<span class="tei tei-pb" id="page264">[pg 264]</span><a name="Pg264" id="Pg264" class="tei tei-anchor"></a> +that the king of Great Britain has the express power of +making peace or war, yet he never thinks it prudent to do so +without the advice of his Parliament, from whom he is to derive +his support, and therefore these powers, in both president and +king, are substantially the same: he is the generalissimo of the +nation, and of course has the command and control of the army, +navy and militia; he is the general conservator of the peace of +the union—he may pardon all offences, except in cases of impeachment, +and the principal fountain of all offices and employments. +Will not the exercise of these powers therefore tend +either to the establishment of a vile and arbitrary aristocracy or +monarchy? The safety of the people in a republic depends on +the share or proportion they have in the government; but experience +ought to teach you, that when a man is at the head of an +elective government invested with great powers, and interested +in his re-election, in what circle appointments will be made; by +which means an <em class="tei tei-emph"><span style="font-style: italic">imperfect aristocracy</span></em> bordering on monarchy +may be established. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You must, however, my countrymen, beware that the advocates +of this new system do not deceive you by a fallacious resemblance +between it and your own state government which you so much +prize; and, if you examine, you will perceive that the chief magistrate +of this state is your immediate choice, controlled and +checked by a just and full representation of the people, divested +of the prerogative of influencing war and peace, making treaties, +receiving and sending embassies, and commanding standing +armies and navies, which belong to the power of the confederation, +and will be convinced that this government is no more like a true +picture of your own than an Angel of Darkness resembles an +Angel of Light. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cato.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page265">[pg 265]</span><a name="Pg265" id="Pg265" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cato, V.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2145) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, November 22, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the New York Journal, &c. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">To the</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">Citizens</span></span> +<span class="tei tei-hi"><span style="font-style: italic">of the</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">State</span></span> +<span class="tei tei-hi"><span style="font-style: italic">of</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">New York</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In my last number I endeavored to prove that the language of +the article relative to the establishment of the executive of this +new government was vague and inexplicit; that the great powers +of the president, connected with his duration in office, would lead +to oppression and ruin; that he would be governed by favorites +and flatterers, or that a dangerous council would be collected +from the great officers of state; that the ten miles square, if the +remarks of one of the wisest men, drawn from the experience of +mankind, may be credited, would be the asylum of the base, idle, +avaricious and ambitious, and that the court would possess a +language and manners different from yours; that a vice-president +is as unnecessary as he is dangerous in his influence; that the +president cannot represent you because he is not of your own immediate +choice; that if you adopt this government you will incline +to an arbitrary and odious aristocracy or monarchy; that +the president, possessed of the power given him by this frame of +government, differs but very immaterially from the establishment +of monarchy in Great Britain; and I warned you to beware of the +fallacious resemblance that is held out to you by the advocates +of this new system between it and your own state governments. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And here I cannot help remarking that inexplicitness seems to +pervade this whole political fabric; certainly in political compacts, +<span class="tei tei-pb" id="page266">[pg 266]</span><a name="Pg266" id="Pg266" class="tei tei-anchor"></a> +which Mr. Coke calls <em class="tei tei-emph"><span style="font-style: italic">the mother and nurse of repose and quietness</span></em> +the want of which induced men to engage in political society, +has ever been held by a wise and free people as essential to their +security; as on the one hand it fixes barriers which the ambitious +and tyrannically disposed magistrate dare not overleap, and on +the other, becomes a wall of safety to the community—otherwise +stipulations between the governors and governed are nugatory; +and you might as well deposit the important powers of legislation +and execution in one or a few and permit them to govern +according to their disposition and will; but the world is too full +of examples, which prove that <em class="tei tei-emph"><span style="font-style: italic">to live by one man's will became +the cause of all men's misery</span></em>. Before the existence of express +political compacts it was reasonably implied that the magistrate +should govern with wisdom and justice; but mere implication was +too feeble to restrain the unbridled ambition of a bad man, or afford +security against negligence, cruelty or any other defect of +mind. It is alleged that the opinions and manners of the people +of America are capable to resist and prevent an extension of prerogative +or oppression, but you must recollect that opinion and +manners are mutable, and may not always be a permanent obstruction +against the encroachments of government; that the +progress of a commercial society begets luxury, the parent of +inequality, the foe to virtue, and the enemy to restraint; and that +ambition and voluptuousness, aided by flattery, will teach magistrates +where limits are not explicitly fixed to have separate and +distinct interests from the people; besides, it will not be denied +that government assimilates the manners and opinions of the +community to it. Therefore, a general presumption that rulers +will govern well is not a sufficient security. You are then under +a sacred obligation to provide for the safety of your posterity, +and would you now basely desert their interests, when by a small +share of prudence you may transmit to them a beautiful political +patrimony, which will prevent the necessity of their travelling +through seas of blood to obtain that which your wisdom might +have secured? It is a duty you owe likewise to your own reputation, +for you have a great name to lose; you are characterized +as cautious, prudent and jealous in politics; whence is it therefore +<span class="tei tei-pb" id="page267">[pg 267]</span><a name="Pg267" id="Pg267" class="tei tei-anchor"></a> +that you are about to precipitate yourselves into a sea of uncertainty, +and adopt a system so vague, and which has discarded so +many of your valuable rights? Is it because you do not believe +that an American can be a tyrant? If this be the case, you rest +on a weak basis: Americans are like other men in similar situations, +when the manners and opinions of the community are +changed by the causes I mentioned before; and your political +compact inexplicit, your posterity will find that great power connected +with ambition, luxury and flattery, will as readily produce +a Cæsar, Caligula, Nero and Domitian in America, as the same +causes did in the Roman Empire. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But the next thing to be considered, in conformity to my plan, +is the first article of this new government, which comprises the +erection of the house of representatives and the senate, and prescribes +their various powers and objects of legislation. The most +general objections to the first article, that biennial elections for +representatives are a departure from the safe democratic principles +of annual ones—that the number of representatives are too few; +that the apportionment and principles of increase are unjust; +that no attention has been paid to either the numbers or property +in each state in forming the senate; that the mode in which they +are appointed and their duration will lead to the establishment of +an aristocracy; that the senate and president are improperly connected, +both as to appointments and the making of treaties, which +are to become the supreme law of the land; that the judicial, in +some measure, to wit, as to the trial of impeachments, is placed +in the senate, a branch of the legislative, and sometimes a branch +of the executive; that Congress have the improper power of +making or altering the regulations prescribed by the different +legislatures, respecting the time, place and manner of holding +elections for representatives, and the time and manner of choosing +senators; that standing armies may be established, and appropriation +of money made for their support for two years; that the +militia of the most remote state may be marched into those states +situated at the opposite extreme of this continent; that the slave +trade is, to all intents and purposes, permanently established, +and a slavish capitation or poll-tax may at any time be levied; +<span class="tei tei-pb" id="page268">[pg 268]</span><a name="Pg268" id="Pg268" class="tei tei-anchor"></a> +these are some of the many evils that will attend the adoption of +this government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But, with respect to the first objection, it may be remarked that +a well-digested democracy has this advantage over all others, to +wit: that it affords to many the opportunity to be advanced to +the supreme command, and the honors they thereby enjoy fill +them with a desire of rendering themselves worthy of them; +hence this desire becomes part of their education, is matured in +manhood, and produces an ardent affection for their country, and +it is the opinion of the great Sidney and Montesquieu that this +is, in a great measure, produced by annual election of magistrates. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If annual elections were to exist in this government, and learning +and information to become more prevalent, you never would +want men to execute whatever you could design. Sidney observes +<em class="tei tei-emph"><span style="font-style: italic">that a well-governed state is as fruitful to all good purposes +as the seven-headed serpent is said to have been in evil; when one +head is cut off, many rise up in the place of it</span></em>. He remarks further +that <em class="tei tei-emph"><span style="font-style: italic">it was also thought that free cities, by frequent election of magistrates, +became nurseries of great and able men, every man endeavoring +to excel others, that he might be advanced to the honor +he had no other title to, than what might arise from his merit or +reputation</span></em>; but the framers of this <em class="tei tei-emph"><span style="font-style: italic">perfect government</span></em>, as it is +called, have departed from this democratical principle, and established +biennial elections for the house of representatives, who are +to be chosen by the people, and sextennial for the senate, who +are to be chosen by the legislatures of the different states, and +have given to the executive the unprecedented power of making +temporary senators, in case of vacancies by resignation or otherwise, +and so far forth establishing a precedent for virtual representation +(though, in fact, their original appointment is virtual), +thereby influencing the choice of the legislatures, or if they should +not be so complaisant as to conform to his appointment, offence +will be given to the executive, and the temporary members will +appear ridiculous by rejection; this temporary member, during +his time of appointment, will of course act by a power derived +from the executive, and for, and under his immediate influence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a very important objection to this government, that the +<span class="tei tei-pb" id="page269">[pg 269]</span><a name="Pg269" id="Pg269" class="tei tei-anchor"></a> +representation consists of so few; too few to resist the influence +of corruption, and the temptation to treachery, against which +all governments ought to take precautions—how guarded you +have been on this head, in your own state constitution, and yet +the number of senators and representatives proposed for this vast +continent does not equal those of your own state; how great the +disparity, if you compare them with the aggregate numbers in the +United States. The history of representation in England, from +which we have taken our model of legislation, is briefly this: before +the institution of legislating by deputies, the whole free part +of the community usually met for that purpose; when this became +impossible, by the increase of numbers, the community was +divided into districts, from each of which was sent such a number +of deputies as was a complete representation of the various numbers +and orders of citizens within them; but can it be asserted +with truth, that six men can be a complete and full representation +of the numbers and various orders of the people in this +state? Another thing that may be suggested against the small +number of representatives is, that but few of you will have a +chance of sharing even in this branch of the legislature; and that +the choice will be confined to a very few. The more complete it +is, the better will your interests be preserved, and the greater the +opportunity you will have to participate in government, one of +the principal securities of a free people; but this subject has been +so ably and fully treated by a writer under the signature of +Brutus,<a id="noteref_54" name="noteref_54" href="#note_54"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">54</span></span></a> +that I shall content myself with referring you to him +thereon, reserving further observations on the other objections +I have mentioned, for my future numbers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cato.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page270">[pg 270]</span><a name="Pg270" id="Pg270" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cato, VI.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2163) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, December 16, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the New York Journal, &c. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">To the</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">People</span></span> +<span class="tei tei-hi"><span style="font-style: italic">of the</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">State</span></span> +<span class="tei tei-hi"><span style="font-style: italic">of</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">New York</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The next objection that arises against this proffered constitution +is, that the apportionment of representatives and direct taxes +are unjust. The words, as expressed in this article, are <span class="tei tei-q">“representatives +and direct taxes shall be apportioned among the several +states which may be included in this union, according to their +respective numbers, which shall be determined by adding to the +whole number of free persons, including those bound to service +for a term of years, and excluding Indians not taxed, three-fifths +of all other persons.”</span> In order to elucidate this, it will be necessary +to repeat the remark in my last number, that the mode of +legislation in the infancy of free communities was by the collective +body, and this consisted of free persons, or those whose age admitted +them to the right of mankind and citizenship, whose sex +made them capable of protecting the state, and whose birth may +be denominated Free Born; and no traces can be found that ever +women, children, and slaves, or those who were not sui juris, in +the early days of legislation, meeting with the free members of +the community to deliberate on public measures; hence is derived +this maxim in free governments, that representation ought +to bear a proportion to the number of free inhabitants in a community; +this principle your own state constitution, and others, +have observed in the establishment of a future census, in order to +<span class="tei tei-pb" id="page271">[pg 271]</span><a name="Pg271" id="Pg271" class="tei tei-anchor"></a> +apportion the representatives, and to increase or diminish the +representation to the ratio of the increase or diminution of electors. +But, what aid can the community derive from the assistance of +women, infants and slaves, in their deliberation, or in their defence? +and what motives, therefore, could the convention have in +departing from the just and rational principle of representation, +which is the governing principle of this state and of all America? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The doctrine of taxation is a very important one, and nothing +requires more wisdom and prudence than the regulation of that +portion, which is taken from, and of that which is left to the +subject—and if you anticipate what will be the enormous expense +of this new government added also to your own, little will +that portion be which will be left to you. I know there are politicians +who believe that you should be loaded with taxes, in +order to make you industrious, and, perhaps, there are some of +this opinion in the convention, but it is an erroneous principle. +For, what can inspire you with industry, if the greatest measure +of your labors are to be swallowed up in taxes? The advocates +for this new system hold out an idea, that you will have but little +to pay, for that the revenues will be so managed as to be almost +wholly drawn from the source of trade or duties on imports, but +this is delusive—for this government to discharge all its incidental +expenses, besides paying the interest on the home and +foreign debts, will require more money than its commerce can +afford; and if you reflect one moment, you will find, that if heavy +duties are laid on merchandise, as must be the case if government +intends to make this the prime medium to lighten the people +of taxes, that the price of the commodities, useful as well as +luxurious, must be increased; the consumers will be fewer; the +merchants must import less; trade will languish, and this source +of revenue in a great measure be dried up; but if you examine +this a little further you will find that this revenue, managed in this +way, will come out of you, and be a very heavy and ruinous one, +at least. The merchant no more than advances the money for +you to the public and will not, nor cannot pay any part of it himself; +and if he pays more duties, he will sell his commodities +at a price portionably raised. Thus the laborer, mechanic, and +<span class="tei tei-pb" id="page272">[pg 272]</span><a name="Pg272" id="Pg272" class="tei tei-anchor"></a> +farmer must feel it in the purchase of their utensils and clothing—wages, +etc., must rise with the price of things or they must be +ruined; and that must be the case with the farmer, whose produce +will not increase, in the ratio, with labor, utensils and clothing; +for that he must sell at the usual price or lower perhaps, caused +by the decrease of trade; the consequence will be that he must +mortgage his farm, and then comes inevitable bankruptcy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In what manner then will you be eased, if the expenses of government +are to be raised solely out of the commerce of this +country; do you not readily apprehend the fallacy of this argument? +But government will find that to press so heavily on +commerce will not do, and therefore must have recourse to other +objects; these will be a capitation or poll-tax, window lights, etc., +etc., and a long train of impositions which their ingenuity will +suggest; but will you submit to be numbered like the slaves of an +arbitrary despot; and what will be your reflections when the tax-master +thunders at your door for the duty on that light which is +the bounty of heaven. It will be the policy of the great landholders +who will chiefly compose this senate, and perhaps a +majority of this house of representatives, to keep their lands +free from taxes; and this is confirmed by the failure of every attempt +to lay a land-tax in this state; hence recourse must and +will be had to the sources I mentioned before. The burdens on +you will be insupportable—your complaints will be inefficacious—this +will beget public disturbances; and I will venture to predict, +without the spirit of prophecy, that you and the government, +if it is adopted, will one day be at issue on this point. +The force of government will be exerted, this will call for an increase +of revenue, and will add fuel to the fire. The result will +be that either you will revolve to some other form, or that government +will give peace to the country by destroying the opposition. +If government therefore can, notwithstanding every opposition, +raise a revenue on such things as are odious and burdensome +to you, they can do anything. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But why should the number of individuals be the principle to +apportion the taxes in each state, and to include in that number +women, children and slaves? The most natural and equitable +<span class="tei tei-pb" id="page273">[pg 273]</span><a name="Pg273" id="Pg273" class="tei tei-anchor"></a> +principle of apportioning taxes would be in a ratio to their property, +and a reasonable impost in a ratio to their trade; but you +are told to look for the reason of these things in accommodation; +but this much-admired principle, when stripped of its mystery, +will in this case appear to be no less than a basis for an odious +poll-tax—the offspring of despotic governments, a thing so detestable +that the state of Maryland, in their bill of rights, declares +<span class="tei tei-q">“that the levying taxes by the poll is grievous and oppressive, +and ought to be abolished.”</span> A poll-tax is at all times oppressive +to the poor, and their greatest misfortune will consist in having +more prolific wives than the rich. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In every civilized community, even in those of the most democratic +kind, there are principles which lead to an aristocracy—these +are superior talents, fortunes and public employments. But +in free governments the influence of the two former is resisted by +the equality of the laws, and the latter by the frequency of elections, +and the chance that every one has in sharing in public +business; but when this natural and artificial eminence is assisted +by principles interwoven in this government; when the senate, so +important a branch of the legislature, is so far removed from the +people as to have little or no connection with them; when their +duration in office is such as to have the resemblance to perpetuity; +when they are connected with the executive, by the appointment +of all officers, and also to become a judiciary for the trial of officers +of their own appointments; added to all this, when none but +men of opulence will hold a seat, what is there left to resist and +repel this host of influence and power? Will the feeble efforts of +the house of representatives, in whom your security ought to +subsist, consisting of about seventy-three, be able to hold the +balance against them, when, from the fewness of members in this +house, the senate will have in their power to poison even a majority +of that body by douceurs of office for themselves or friends? +From causes like this both Montesquieu and Hume have predicted +the decline of the British government into that of an absolute +one; but the liberties of this country, it is probable, if this +system is adopted, will be strangled in their birth; for whenever +the executive and senate can destroy the independence of the +<span class="tei tei-pb" id="page274">[pg 274]</span><a name="Pg274" id="Pg274" class="tei tei-anchor"></a> +majority in the house of representatives, then where is your security? +They are so intimately connected, that their interests +will be one and the same; and will the slow increase of numbers +be able to afford a repelling principle? But you are told to +adopt this government first, and you will always be able to alter +it afterwards; this would first be submitting to be slaves and then +taking care of your liberty; and when your chains are on, then to +act like freemen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Complete acts of legislation, which are to become the supreme +law of the land, ought to be the united act of all the branches of +government; but there is one of the most important duties may +be managed by the Senate and executive alone, and to have all +the force of the law paramount without the aid or interference of +the House of Representatives; that is the power of making +treaties. This power is a very important one, and may be exercised +in various ways, so as to affect your person and property, +and even the domain of the nation. By treaties you may defalcate +part of the empire; engagements may be made to raise an +army, and you may be transported to Europe, to fight the wars +of ambitious princes; money may be contracted for, and you +must pay it; and a thousand other obligations may be entered +into; all which will become the supreme law of the land, and you +are bound by it. If treaties are erroneously or wickedly made who +is there to punish,—the executive can always cover himself with +the plea that he was advised by the senate, and the senate being +a collective body are not easily made accountable for mal-administration. +On this account we are in a worse situation than +Great Britain, where they have secured by a ridiculous fiction, +the king from accountability, by declaring that he can do no +wrong, by which means the nation can have redress against his +minister; but with us infallibility pervades every part of the system, +and neither the executive nor his council, who are a collective +body, and his advisers, can be brought to punishment for +mal-administration. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cato.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page275">[pg 275]</span><a name="Pg275" id="Pg275" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cato, VII.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2181) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Thursday, January 3, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the New York Journal, &c. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of the State of New York.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That the president and senate are further improperly connected +will appear, if it is considered that their dependence on each other +will prevent either from being a check upon the other; they must +act in concert, and whether the power and influence of the one +or the other is to prevail, will depend on the character and abilities +of the men who hold those offices at the time. The senate +is vested with such a proportion of the executive that it would be +found necessary that they should be constantly sitting. This +circumstance did not escape the convention, and they have provided +for the event, in the 2d article, which declares that the +executive may, on extraordinary occasions, <em class="tei tei-emph"><span style="font-style: italic">convene both houses or +either of them</span></em>. No occasion can exist for calling the assembly +without the senate; the words <em class="tei tei-emph"><span style="font-style: italic">or either of them</span></em> must have been +intended to apply only to the senate. Their wages are already +provided for, and it will be therefore readily observed that the +partition between a perpetuation of their sessions, and a perpetuation +of offices in the progress of the government, will be found +to be but thin and feeble. Besides, the senate, who have the sole +power to try all impeachments, in case of the impeachment of the +president are to determine, as judges, the propriety of the advice +they gave him as senators. Can the senate in this, therefore, be +<span class="tei tei-pb" id="page276">[pg 276]</span><a name="Pg276" id="Pg276" class="tei tei-anchor"></a> +an impartial judicature? And will they not rather serve as a +screen to great public defaulters? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Among the many evils that are incorporated in this new system +of government is that of congress having the power of making +or altering the regulations prescribed by the different legislatures +respecting the time, place and manner of holding elections +for representatives, and the time and manner of choosing senators. +If it is enquired in what manner this regulation may be exercised +to your injury, the answer is easy. By the first article the house +of representatives shall consist of members, chosen every second +year by the people of the several states who are qualified to vote +for members of their several state assemblies; it can therefore +readily be believed, that the different state legislatures, provided +such can exist after the adoption of this government, will continue +those easy and convenient modes for the election of representatives +for the national legislature that are in use for the election +of members of assembly for their own states; but the +congress have, by the constitution, a power to make other regulations +or alter those in practice, prescribed by your own state +legislatures; hence, instead of having the places of elections in +the precincts and brought home almost to your own doors, congress +may establish a place, or places, at either the extremes, +center or outer parts of the states; at a time and season, too, +when it may be very inconvenient to attend; and by these means +destroy the rights of election. But in opposition to this reasoning, +it is asserted, that it is a necessary power, because the states might +omit making rules for the purpose, and thereby defeat the existence +of that branch of the government; this is what logicians +call <span class="tei tei-foreign"><span style="font-style: italic">argumentum absurdum</span></span>; +for the different states, if they will +have any security at all in this government, will find it in the +house of representatives, and they, therefore, would be very ready +to eradicate a principle in which it dwells, or involve their country +in an instantaneous revolution. Besides, if this was the apprehension +of the framers, and the ground of that provision, why did +not they extend this controlling power to the other duties of the +several state legislatures? To exemplify this, the states are to +appoint senators and electors for choosing of a president; but the +<span class="tei tei-pb" id="page277">[pg 277]</span><a name="Pg277" id="Pg277" class="tei tei-anchor"></a> +time is to be under the direction of congress. Now, suppose they +were to omit the appointment of senators and electors, though +congress was to appoint the time, which might well be apprehended, +as the omission of regulations for the election of members +of the house of representatives, provided they had that +power; or suppose they were not to meet at all; of course, the +government cannot proceed in its exercise. And from this motive +or apprehension, congress ought to have taken these duties entirely +in their own hands, and, by a decisive declaration, annihilated +them, which they in fact have done by leaving them without +the means of support, or at least resting on their bounty. To +this the advocates for this system oppose the common, empty +declamation, that there is no danger that congress will abuse this +power; but such language, as relative to so important a subject, +is mere vapor, and formed without sense. Is it not in their power, +however, to make such regulations as may be inconvenient to +you? It must be admitted, because the words are unlimited in +their sense. It is a good rule, in the construction of a contract, +to suppose that what may be done will be; therefore, in considering +this subject, you are to suppose that in the exercise of this +government, a regulation of congress will be made for holding an +election for the whole state at Poughkeepsie, at New York, or, +perhaps, at Fort Stanwix; who will then be the actual electors +for the house of representatives? You ought certainly to have +as much or more distrust with respect to the exercise of these +powers by congress, than congress ought to have with respect to +the exercise of those duties which ought to be entrusted to the +several states, because over them congress can have a legislative +controlling power. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hitherto we have tied up our rulers in the exercise of their +duties by positive restrictions; if the cord has been drawn too +tight, loosen it to the necessary extent, but do not entirely unbind +them. I am no enemy to placing a reasonable confidence +in them, but such an unbounded one as the advocates and framers +of this new system advise you to, would be dangerous to your +liberties; it has been the ruin of other governments, and will be +yours, if you adopt with all its latitudinal power. Unlimited power +<span class="tei tei-pb" id="page278">[pg 278]</span><a name="Pg278" id="Pg278" class="tei tei-anchor"></a> +in governors as well as individuals is frequently the parent of deception. +What facilitated the corrupt designs of Philip of Macedon +and caused the ruin of Athens, but the unbounded confidence +in their statesmen and rulers? Such improper confidence Demosthenes +was so well convinced had ruined his country, that in +his second Philippic oration he remarks <span class="tei tei-q">“that there is one common +bulwark with which men of prudence are naturally provided, +the guard and security of all people, particularly of free states, +against the assaults of tyrants. What is this? Distrust. Of this +be mindful; to this adhere; preserve this carefully, and no calamity +can affect you.”</span> Montesquieu observes that <span class="tei tei-q">“the course of +government is attended with an insensible descent to evil, and +there is no reascending to good without very great efforts.”</span> The +plain influence from this doctrine is, that rulers in all governments +will erect an interest separate from the ruled, which will have a +tendency to enslave them. There is, therefore, no other way of +interrupting this insensible descent and warding off the evil as +long as possible, than by establishing principles of distrust on +your constituents, and cultivating the sentiment among yourselves. +But let me inquire of you, my countrymen, whether the +freedom and independence of elections is a point of magnitude? +If it is, what kind of a spirit of amity, deference and concession +is that which has put in the power of congress, at one stroke, to +prevent your interference in government, and do away your liberties +forever? Does either the situation or circumstances of things +warrant it? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cato.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page279">[pg 279]</span><a name="Pg279" id="Pg279" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc19" id="toc19"></a> +<a name="pdf20" id="pdf20"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of Cæsar, Written By Alexander Hamilton.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The Daily Advertiser,<br /> +October, 1787. +</p> + +<span class="tei tei-pb" id="page281">[pg 281]</span><a name="Pg281" id="Pg281" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These letters, from what has already been quoted on page 245, +were evidently written by Alexander Hamilton. He had just +finished a newspaper controversy of a very acrimonious character +with George Clinton, which probably caused these letters to be +an attack on the writer of <span class="tei tei-hi"><span style="font-style: italic">Cato</span></span>, rather than a defense of the new +government. They are further evidence of the great want of +political tact and sympathy with the masses, of which Hamilton +gave so many specimens in his short life, and which alone prevented +his political success. That he himself realized this mistake +is shown by his prompt abandonment of <span class="tei tei-hi"><span style="font-style: italic">Cæsar</span></span> and his beginning +again anew in <span class="tei tei-hi"><span style="font-style: italic">The Federalist</span></span>; the latter being a singular +and interesting contrast in both tone and argument to these +earlier writings, which, it should be also considered, were undoubtedly +written in great haste. +</p> + +</div> + +<span class="tei tei-pb" id="page283">[pg 283]</span><a name="Pg283" id="Pg283" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cæsar, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Daily Advertiser, +(Number 812) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, October 1, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The citizens of the State of New York have received yesterday, +from <span class="tei tei-hi"><span style="font-style: italic">Cato</span></span> (an ally of <span class="tei tei-hi"><span style="font-style: italic">Pompey</span></span>, no doubt), +an introductory discourse on the appearance of the new system for the government of the +United States: this, we are told, will be followed by such observations, +on the constitution proposed to the union, <span class="tei tei-q">“as will promote +our welfare and be justified by reason and truth.”</span> There +is, in this preparatory lecture, little that is necessary to be dwelt +on just now; and if Cato had not possessed his future investigations +in such terms as wore a <em class="tei tei-emph"><span style="font-style: italic">questionable shape</span></em>, they should +have passed unheeded. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Cato tells us that he will not <em class="tei tei-emph"><span style="font-style: italic">directly engage as an advocate</span></em> for +this new form of government, or as an <em class="tei tei-emph"><span style="font-style: italic">opponent</span></em>. Here Cato, +without any dispute, acts prudently. It will be wise in him to +rest awhile; since he has given a <em class="tei tei-emph"><span style="font-style: italic">preface</span></em>, which, with small address, +can easily be made to work on either side. When the +sentiments of the confederate states come to be generally known it +will be time enough to proceed. Cato will then <em class="tei tei-emph"><span style="font-style: italic">start fair</span></em>. A little +caution, however, he thinks necessary to be given the meantime. +<span class="tei tei-q">“Do not,”</span> says this prudent censor, in addressing the citizens, +<span class="tei tei-q">“because you will admit that <em class="tei tei-emph"><span style="font-style: italic">something</span></em> must be done, adopt +<em class="tei tei-emph"><span style="font-style: italic">anything</span></em>.”</span> What, in the name of common sense, does this injunction +import? I appeal to men of understanding, whether it +is not obviously the language of distrust, calculated, as far as +such a thing can influence, to prejudice the public opinion +<span class="tei tei-pb" id="page284">[pg 284]</span><a name="Pg284" id="Pg284" class="tei tei-anchor"></a> +against the new constitution; and, in effect, by a periphrastic +mode of speech, recommending the rejection of it? <span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">Teach</span></em> the +members of the Convention (Cato <em class="tei tei-emph"><span style="font-style: italic">very modestly</span></em> goes on) that +you are capable of supervision of their conduct; the same medium +that gave you this system, if it is erroneous, while the door is +now open, can make amendments <em class="tei tei-emph"><span style="font-style: italic">or give you another</span></em>.”</span> O excellent +thought, and happily advised! Be clamorous, my friends—be +discontented—assert your prerogative—forever assert the +power and <em class="tei tei-emph"><span style="font-style: italic">majesty of the people</span></em>. I am not willing to suspect +any man's intentions, when they aim at giving information; but +when they come abroad, couched in such <em class="tei tei-emph"><span style="font-style: italic">magisterial</span></em> terms, I +own I feel some indignation. If this demagogue had talents to +throw light on the subject of legislation, why did he not offer +them when the Convention was in session? If they had been +judged useful, no doubt they would have been attended to. But +is this <em class="tei tei-emph"><span style="font-style: italic">now a time</span></em> for such insinuations? Has not the wisdom of +America been drawn, as it were, into a focus, and the proffered +constitution sent forth with a unanimity that is unequalled in +ancient or modern story? And shall we now wrangle and find +fault with the <em class="tei tei-emph"><span style="font-style: italic">excellent whole</span></em>, because, perhaps some of its parts +<em class="tei tei-emph"><span style="font-style: italic">might have been</span></em> more perfect? There is neither virtue or patriotism +in such conduct. Besides, how can Cato say, <span class="tei tei-q">“that the +door is now open to receive any amendments, or give us <em class="tei tei-emph"><span style="font-style: italic">another +constitution</span></em>, if required?”</span> I believe he has advanced this without +proper authority. I am inclined to believe that the <em class="tei tei-emph"><span style="font-style: italic">door of recommendation +is shut and cannot be opened by the same men</span></em>; that +the Convention, in one word, is dissolved; if so we must reject <span class="tei tei-hi"><span style="font-variant: small-caps">in +toto</span></span>, or <span class="tei tei-hi"><span style="font-style: italic">vice versa</span></span>; just take it as it is and be thankful. +I deny the similarity betwixt the present constitution and that of the +United Netherlands. Cato would have drawn a very melancholy +picture, but it won't apply. In my most humble opinion, it has +a much greater affinity with the government, which, in all human +probability, will remain when the history of the Seven Provinces +shall be forgotten. Cato tells us (what all America knows by +this time) that the new constitution comes sanctioned with the +approbation of General Washington; and, though he appears to +have some reverence for that great patriot chief, yet he very +<span class="tei tei-pb" id="page285">[pg 285]</span><a name="Pg285" id="Pg285" class="tei tei-anchor"></a> +sagaciously observes, that the <em class="tei tei-emph"><span style="font-style: italic">best and wisest man may err</span></em>; and +thence asserts, that every man in <em class="tei tei-emph"><span style="font-style: italic">politics</span></em>, as well as in religion, +ought to judge for himself. This paragraph needs no comment, +and, for that reason, I shall not touch it; but with all deference +to Cato's penetration, I would recommend to him, instead of entering +into fruitless discussion of what has come from so many +<em class="tei tei-emph"><span style="font-style: italic">clear heads</span></em> and <em class="tei tei-emph"><span style="font-style: italic">good hearts</span></em>, to join his fellow-citizens, and +endeavor to reconcile this <em class="tei tei-emph"><span style="font-style: italic">excellent constitution</span></em> to the +<em class="tei tei-emph"><span style="font-style: italic">weak</span></em>, the <em class="tei tei-emph"><span style="font-style: italic">suspicious</span></em>, +and the <em class="tei tei-emph"><span style="font-style: italic">interested</span></em>, who will be chiefly opposed to it, as +soon as possible. I would also advise him to give his vote (as he +will probably be one of the Electors) to the American Fabius; it +will be more healthy for this country, and <em class="tei tei-emph"><span style="font-style: italic">this state</span></em>, that he +should be induced to accept of the presidency of the new government, +than that he should be solicited again to accept of the +command of <em class="tei tei-emph"><span style="font-style: italic">an army</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Cato, it appears, intends to adventure on perilous grounds; it +will therefore become him to be cautious on what terms he takes +the field. <span class="tei tei-q">“He advises us to attach ourselves to measures, and +not to men.”</span> In this instance he advises well; and I heartily +recommend it to <em class="tei tei-emph"><span style="font-style: italic">himself</span></em>, and not to forget the force of that important +admonition; for Cato, in his future marches, will very +probably be <em class="tei tei-emph"><span style="font-style: italic">followed</span></em> by +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cæsar</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Friday. +</p> + +</div> + +<span class="tei tei-pb" id="page286">[pg 286]</span><a name="Pg286" id="Pg286" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cæsar, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Daily Advertiser, +(Number 826) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Wednesday, October 17, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Daily Advertiser. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The great source of all the evils which afflict Republics, is, that the people are too +apt to make choice of rulers, who are either Politicians without being Patriots, or +Patriots without being Politicians.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Mr. Childs</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When I took notice of Cato's prefatory address to the Citizens +of the State of New York, in your paper of the first instant, I had +no serious intention of becoming a controversial defendant of the +new constitution. Indeed, if the system required defence, I was +neither so weak nor so vain as to suppose myself competent to +the task. To obviate difficulties which may arise, when such +weighty affairs as the principles of legislation are under discussion, +I am sensible requires talents far beyond my limited +abilities. When I offered a few remarks on Cato's introduction, +I was strongly impressed with the idea that even the most substantial +criticisms, promulgated by the most influential <em class="tei tei-emph"><span style="font-style: italic">avowed +Citizens</span></em>, could have no good tendency at <em class="tei tei-emph"><span style="font-style: italic">this time</span></em>. I viewed the +public mind as wound up to a great pitch of dissatisfaction, by +the inadequacy of the powers of the present Congress to the general +good and conversation of the union. I believed then, as I +do now, that the people were determined and prepared for a +<em class="tei tei-emph"><span style="font-style: italic">change</span></em>. I conceived, therefore, that the wish of every good man +would be, that <em class="tei tei-emph"><span style="font-style: italic">this change might be peaceably effected</span></em>. With this +view I opposed myself to Cato. I asserted, in my last, <em class="tei tei-emph"><span style="font-style: italic">that the +</span><span class="tei tei-pb" id="page287">[pg 287]</span><a name="Pg287" id="Pg287" class="tei tei-anchor"></a><span style="font-style: italic"> +door of recommendation was shut, and cannot be opened by the +same men—that the Convention was dissolved.</span></em> If I am wrong, it +will be of great importance to Cato's future remarks that he make +it appear. If he will declare from sufficient authority, that the +members of the late Convention have only adjourned to give time +to hear the sentiments of every political disputant, that after the +numerous presses of America have groaned with the heavy productions +of speculative politicians, they will <em class="tei tei-emph"><span style="font-style: italic">again meet</span></em>, weigh +their respective merits, and accommodate accordingly—I say, if +Cato can do this, I make no hesitation in acknowledging the utility +of his plan. In the mean time, I positively deny having any, +the most distant desire of shutting the door of free discussion, on +any subject which may benefit the people; but I maintain (until +Cato's better information refutes me) that the door, as far as relates +to <em class="tei tei-emph"><span style="font-style: italic">this subject</span></em>, is already shut, not by me, but by the highest +possible authority which the case admits, even by those great +Patriots who were delegated by the people of the United States +to <em class="tei tei-emph"><span style="font-style: italic">open such a door</span></em>, as might enable them to escape from impending +calamities and political shipwreck. This distinction is clear, +I conceive, and ought to have some weight even with Cato, as +well as those for whom he writes. I am not one of those who +gain an influence by cajoling the unthinking mass (tho' I pity +their delusions), and ringing in their ears the gracious sound of +their <em class="tei tei-emph"><span style="font-style: italic">absolute Sovereignty</span></em>. I despise the trick of such dirty policy. +I know there are Citizens, who, to gain their own private +ends, enflame the minds of the well-meaning, tho' less intelligent +parts of the community, by sating their vanity with that cordial +and unfailing specific, that <em class="tei tei-emph"><span style="font-style: italic">all power is seated in the people</span></em>. For +my part, I am not much attached to the <em class="tei tei-emph"><span style="font-style: italic">majesty of the multitude</span></em>, +and therefore waive all pretensions (founded on such conduct), to +their countenance. I consider them in general as very ill qualified +to judge for themselves what government will best suit their +peculiar situations; nor is this to be wondered at. The science +of government is not easily understood. Cato will admit, I presume, +that men of good education and deep reflection, only, are +judges of the <em class="tei tei-emph"><span style="font-style: italic">form</span></em> of a government; whether it is constituted on +such principles as will restrain arbitrary power, on the one hand, +<span class="tei tei-pb" id="page288">[pg 288]</span><a name="Pg288" id="Pg288" class="tei tei-anchor"></a> +and equal to the exclusion of corruption and the destruction of +licentiousness on the other; whether the New Constitution, if +adopted, will prove adequate to such desirable ends, time, the +mother of events, will show. For my own part, I sincerely esteem +it a system, which, without the finger of <span class="tei tei-hi"><span style="font-style: italic">God</span></span>, never could +have been suggested and agreed upon by such a diversity of interests. +I will not presume to say that a more perfect system +might not have been fabricated; but who expects perfection at +once? And it may be asked, <em class="tei tei-emph"><span style="font-style: italic">who are judges of it</span></em>? Few, I believe, +who have leisure to study the nature of Government scientifically, +but will frequently disagree about the quantum of power +to be delegated to Rulers, and the different modifications of it. +Ingenious men will give every plausible, and, it may be, pretty +substantial reasons, for the adoption of two plans of Government, +which shall be fundamentally different in their construction, and +not less so in their operation; yet both, if honestly administered, +might operate with safety and advantage. When a new form of +government is fabricated, it lies with the people at large to receive +or reject it—that is, their <em class="tei tei-emph"><span style="font-style: italic">inherent rights</span></em>. Now, I would ask +(without intending to triumph over the weaknesses or follies of +any men), how are the people to profit by this inherent right? +By what conduct do they discover that they are sensible of their +own interests in this situation? Is it by the exercise of a well-disciplined +reason, and a correspondent education? I believe not. +How then? As I humbly conceive, by a tractable and docile +disposition, and by honest men endeavoring to keep their minds +easy, while others, of the same disposition, with the advantages +of genius and learning, are constructing the bark that may, by the +blessing of Heaven, carry them to the port of rest and happiness, +if they will embark without diffidence and proceed without mutiny. +I know this is blunt and ungracious reasoning; it is the best, however, +which I am prepared to offer on this momentous business; +and, since my own heart does not reproach me, I shall not be very +solicitous about its reception. If truth, then, is permitted to +speak, the mass of the people of America (any more than the +mass of other countries) cannot judge with any degree of precision +concerning the fitness of this New Constitution to the peculiar +<span class="tei tei-pb" id="page289">[pg 289]</span><a name="Pg289" id="Pg289" class="tei tei-anchor"></a> +situation of America; they have, however, done wisely in delegating +the power of framing a government to those every way +worthy and well-qualified; and, if this Government is snatched, +untasted, from them, it may not be amiss to inquire into the +causes which will probably occasion their disappointment. Out +of several, which present to my mind, I shall venture to select +<em class="tei tei-emph"><span style="font-style: italic">one</span></em>, baneful enough, in my opinion, to work this dreadful evil. +There are always men in society of some talents, but more ambition, +in quest of <em class="tei tei-emph"><span style="font-style: italic">that</span></em> which it would be impossible for them to +obtain in any other way than by working on the passions and +prejudices of the less discerning classes of citizens and yeomanry. +It is the plan of men of this stamp to frighten the people with +ideal bugbears, in order to mould them to their own purposes. +The unceasing cry of these designing croakers is, My friends, +your liberty is invaded! Have you thrown off the yoke of one +tyrant to invest yourselves with that of another? Have you +fought, bled and conquered for <em class="tei tei-emph"><span style="font-style: italic">such a change</span></em>? If you +have—go—retire +into silent obscurity, and kiss the rod that scourges you. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To be serious: These state empirics leave no species of deceit +untried to convince the unthinking people that they have power +to do—what? Why truly to do much mischief, and to occasion +anarchy and wild uproar. And for what reason do these political +jugglers incite the peaceably disposed to such extravagant +commotions? Because until the people really discover that they +have <em class="tei tei-emph"><span style="font-style: italic">power</span></em>, by some outrageous act, they never can become of +any importance. The misguided people never reflect during this +frenzy, that the moment they become riotous, they renounce, +from that moment, their independence, and commence vassals +to their ambitious leaders, who instantly, and with a high hand, +rob them of their consequence, and apply it to their own present +or future aggrandisement; nor will these tyrants over the people +stick at sacrificing <em class="tei tei-emph"><span style="font-style: italic">their</span></em> good, if an advantageous compromise +can be effected for <em class="tei tei-emph"><span style="font-style: italic">themselves</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Before I conclude, I cannot refrain from observing that Cato +states very disingenuously the manner in which the Federal System +came abroad. He tells us, Congress were sensible that the +late Convention exercised a power which no authority could +<span class="tei tei-pb" id="page290">[pg 290]</span><a name="Pg290" id="Pg290" class="tei tei-anchor"></a> +delegate to them. The Convention, says Cato, have taken upon +them to make a perfectly new system, which by its operations +will absorb the sovereignties of the individual States; this new +government founded on <em class="tei tei-emph"><span style="font-style: italic">usurpation</span></em>, (Cato, this expression is very +indecent—but I will rouse no passions against you) this consolidated +system Congress did not approve and <em class="tei tei-emph"><span style="font-style: italic">therefore</span></em> have been +<em class="tei tei-emph"><span style="font-style: italic">silent</span></em> on its character. That Congress was silent on its character +is true, but could Cato find no other reason for their silence +than that of disapprobation? I believe Congress were by no +means dissatisfied with the freedom the Convention took with +the Articles of Confederation; I believe further that with very +few exceptions, that honorable body approves of the New Constitution; +and that they did not accompany it to the States with a +recommendatory capitation or circular letter, proceeded from a +delicate attention to the members of the late Convention, to a few +of their own body, and to the people of America at large. That +the Convention went so earnestly into the business committed to +their care ought, instead of being matter of chagrin, to occasion +the liveliest expressions of approbation and gratitude—as matters +stand just now. I think it may be fairly said, that no <em class="tei tei-emph"><span style="font-style: italic">generous +plan of government</span></em> for the <em class="tei tei-emph"><span style="font-style: italic">United States</span></em> has ever been constructed, +(the plan only excepted which is under consideration) +so that it seems quite unnecessary in Cato to disturb the peace of +society by a bombast appeal to their feelings, on the <em class="tei tei-emph"><span style="font-style: italic">generous +plan of power delivered down by their renowned forefathers</span></em>. I +venerate the memory of the slaughtered patriots of America, and +rejoice as much as Cato that they did not bleed in vain, but I +would have America profit by their death in a different manner +from him. I believe they sought to obtain liberty for no particular +State, but for the whole Union, indissolubly connected +under one controlling and supreme head. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Cato complains of my anticipating parts of his subject which he +intended for future periods. I shall break in no more upon his +<em class="tei tei-emph"><span style="font-style: italic">arrangements</span></em>. All he can say against the New Constitution has +been already disseminated in a neighboring State by the glorious +defenders of <span class="tei tei-hi"><span style="font-style: italic">Shayism</span></span>. I shall therefore leave Cato to the wicked +influences of his own heart, in the fullest persuasion that all good +<span class="tei tei-pb" id="page291">[pg 291]</span><a name="Pg291" id="Pg291" class="tei tei-anchor"></a> +citizens will combine their influence to establish the fair fabric of +American liberty beyond the reach of suspicion, violence, anarchy, +and tyranny. When this glorious work is accomplished, what +may America not hope to arrive at? I will venture to prophesy +that the day on which the Union under the new government shall +be ratified by the American States, that <em class="tei tei-emph"><span style="font-style: italic">that day</span></em> will begin an era +which will be recorded and observed by future ages as a day +which the Americans had marked by their wisdom in circumscribing +the <em class="tei tei-emph"><span style="font-style: italic">power</span></em> and ascertaining the <em class="tei tei-emph"><span style="font-style: italic">decline</span></em> of the ancient +nations in Christendom. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Cæsar.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +October 15. +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page293">[pg 293]</span><a name="Pg293" id="Pg293" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc21" id="toc21"></a> +<a name="pdf22" id="pdf22"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of Sydney. Written By Robert Yates.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The New York Journal,<br /> +June, 1788. +</p> + +<span class="tei tei-pb" id="page295">[pg 295]</span><a name="Pg295" id="Pg295" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Sydney</span></span> was a favorite pseudonym of Robert Yates, and was so +well known as his pen name by his contemporaries that it was +hardly intended as a mask. He had already contributed to the +New York Journal a very able series of papers on the Constitution +over the signature of <span class="tei tei-hi"><span style="font-style: italic">Brutus</span></span>, written to influence the people, +but the elections had taken place before the appearance of <span class="tei tei-hi"><span style="font-style: italic">Sydney</span></span>, +which were therefore intended for the delegates to the State Convention, +soon to assemble. A year later, when Yates was nominated +for governor by the Federalists, quotation from these articles +was one of the favorite modes of attacking him used by the +anti-federalists. +</p> + +</div> + +<span class="tei tei-pb" id="page297">[pg 297]</span><a name="Pg297" id="Pg297" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Sydney, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2320) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Friday, June 13, 1788. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Daily Patriotic Register. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of the State of New York.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Although a variety of objections to the proposed new constitution +for the government of the United States have been laid before the +public by men of the best abilities, I am led to believe that representing +it in a point of view which has escaped their observation +may be of use, that is, by comparing it with the constitution +of the State of New York. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The following contrast is therefore submitted to the public, to +show in what instances the powers of the state government will +be either totally or partially absorbed, and enable us to determine +whether the remaining powers will, from those kind of pillars, be +capable of supporting the mutilated fabric of a government, which +even the advocates for the new constitution admit excels <span class="tei tei-q">“the +boasted models of Greece or Rome, and those of all other nations, +in having precisely marked out the power of the government and +the rights of the people.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It may be proper to premise that the pressure of necessity and +distress (and not corruption) had a principal tendency to induce +the adoption of the state constitutions and the existing confederation, +that power was even then vested in the rulers with the greatest +caution, and that, as from every circumstance we have reason +to infer that the new constitution does not originate from a pure +source, we ought deliberately to trace the extent and tendency of +<span class="tei tei-pb" id="page298">[pg 298]</span><a name="Pg298" id="Pg298" class="tei tei-anchor"></a> +the trust we are about to repose, under the conviction that a reassumption +of that trust will at least be difficult, if not impracticable. +If we take a retrospective view of the measures of Congress +who have their secret journals, the conduct of their officers, +at home and abroad, acting under an oath of secrecy, as well as +of individuals who were intimately connected with them, from the +year 1780 to the last convention, who also acted under an injunction +of secrecy (and whose journals have not been published even +to this day, but will no doubt continue buried in the dark womb +of suspicious secrecy), we can scarcely entertain a doubt but that +a plan has long since been framed to subvert the confederation; +that that plan has been matured with the most persevering industry +and unremitted attention, and that the objects expressed in +the preamble to the constitution, that is <span class="tei tei-q">“to promote the general +welfare and secure the blessings of liberty to ourselves and our +posterity,”</span> were merely the ostensible, and not the real reasons of +its framers. That necessity and danger have been the moving +causes to the establishment of the confederation will appear from +the words of Congress recommending its formation to the several +legislatures which are <span class="tei tei-q">“under a conviction of the absolute necessity +of uniting all our councils and all our strength to maintain +our common liberties. Let them be examined with liberality becoming +brethren and fellow-citizens, surrounded by the same iminent +dangers, contending for the same illustrious prize, and deeply +interested in being forever bound and connected together by the +ties the most intimate and indissoluble.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That these principles equally applied to the formation of our +state constitution no person can seriously doubt who recollects +the rapid progress of the British troops in this state and in Jersey +in the year 1776, and the despondence which prevailed among +the people on that occasion. The convention of this state, about +that period, in explaining to the people the justice of the American +cause, addressed them as follows: <span class="tei tei-q">“You and all men were +created free and authorised to establish civil government for the +preservation of our rights against civil oppression, and the security +of that freedom which God had given you, against the rapacious +hand of tyranny and lawless power. If then God hath given +<span class="tei tei-pb" id="page299">[pg 299]</span><a name="Pg299" id="Pg299" class="tei tei-anchor"></a> +us freedom, are we not responsible to him for that as well as other +talents? If it is our birth-right, let us not sell it for a mess of +pottage, nor suffer it to be torn from us by the hand of violence.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The omission of a bill of rights in this State has given occasion +to an inference that the omission was equally warrantable in the +constitution for the United States. On this it may be necessary +to observe that while the constitution of this State was in agitation, +there appeared doubts upon the propriety of the measure, +from the peculiar situation in which the country then was; our +connection with Britain dissolved, and her government formally +renounced—no substitute devised—all the powers of government +avowedly temporary, and solely calculated for defence; it was +urged by those in favor of a bill of rights that the power of the +rulers ought to be circumscribed, the better to protect the people +at large from the oppression and usurpation of their rulers. The +English petition of rights, in the reign of Charles the First, and +the bill of rights in the reign of king William, were mentioned as +examples to support their opinions. Those in opposition admitted +that in established governments, which had an implied +constitution, a declaration of rights might be necessary to prevent +the usurpation of ambitious men, but that was not our +situation, for upon the declaration of independence it had become +necessary that the exercise of every kind of authority +<span class="tei tei-q">“under the former government should be totally suppressed, and +all the power of government exerted under the authority of the +people of the colonies;”</span> that we could not suppose that we had +an existing constitution or form of government, express or implied, +and therefore our situation resembled a people in a state of +nature, who are preparing <span class="tei tei-q">“to institute a government, laying its +foundation on such principles, and organizing its powers in such +form as to them shall seem most likely to effect their safety and +happiness,”</span> and as such, the constitution to be formed would operate +as a bill of rights. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These and the like considerations operated to induce the convention +of New York to dismiss the idea of a bill of rights, and +the more especially as the legislative state officers being elected +by the people at short periods, and thereby rendered from time to +<span class="tei tei-pb" id="page300">[pg 300]</span><a name="Pg300" id="Pg300" class="tei tei-anchor"></a> +time liable to be displaced in case of mal-conduct. But these +reasons will not apply to the general government, because it will +appear in the sequel that the state governments are considered in +it as mere dependencies, existing solely by its toleration, and possessing +powers of which they may be deprived whenever the general +government is disposed so to do. If then the powers of the +state governments are to be totally absorbed, in which all agree, +and only differ as to the mode, whether it will be effected by a +rapid progression, or by as certain, but slower, operations: what +is to limit the oppression of the general government? Where +are the rights, which are declared to be incapable of violation? +And what security have people against the wanton oppression of +unprincipled governors? No constitutional redress is pointed out, +and no express declaration is contained in it, to limit the boundaries +of their rulers; beside which the mode and period of their +being elected tends to take away their responsibility to the people +over whom they may, by the power of the purse and the sword, +domineer at discretion; nor is there a power on earth to tell them, +What dost thou? or, Why dost thou so? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I shall now proceed to compare the constitution of the state of +New York with the proposed federal government, distinguishing +the paragraphs in the former, which are rendered nugatory by the +latter; those which are in a great measure enervated, and such as +are in the discretion of the general government to permit or not. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 1st and 37th paragraphs of the constitution of the state +of New York. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 1st <span class="tei tei-q">“Ordains, determines, and declares that no authority +shall on any pretence whatever be exercised over the people or +members of this State, but such as shall be derived from and +granted by them.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 37th, <span class="tei tei-q">“That no purchases or contracts for the sale of lands +with or of the Indians within the limits of this state, shall be +binding on the Indians, or deemed valid, unless made under the +authority and with the consent of the legislature of this state.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I beg here to observe that the whole history of this spurious +constitution for the government of the United States, from its +origin to the present day, and the measures taken by Congress +<span class="tei tei-pb" id="page301">[pg 301]</span><a name="Pg301" id="Pg301" class="tei tei-anchor"></a> +respecting the Indian affairs in this state, are a series of violations +of these paragraphs, and of the 13th article of the confederation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It was a violation of the state constitution for the senate and +assembly, on the 19th of February, 1787, to instruct their members +to move in Congress for an act recommending a convention; +and it was also a violation of the 13th article of the confederation +for Congress, on the 21st day February, to recommend a convention +to the several legislatures. It was a further violation of the +constitution of this state, by the senate and assembly, on the 27th +day of March, to join and to appoint delegates to meet in convention, +and it being done in that hasty, if not surreptitious manner, +by joint resolutions, when acts of the least consequence, even for +the yoking of hogs, require to be passed under the formalities of +a law, makes it more glaringly so. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It was an outrageous violation in the convention on the 17th +of September, 1787, to attempt a consolidation of the union, and +utterly destroy the confederation and the sovereignty of particular +states, when their powers were restricted <span class="tei tei-q">“to the sole and +express purpose of revising and amending the confederation.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It was again an infringement of the 13th article in the confederation, +for Congress, on the 28th of September, not to arrest and +prevent its being transmitted to the several legislatures; nor was +the legislature of this state less culpable, in the beginning of February, +1788, who, in the course of three hours, took up and +concluded the measure of calling a convention without apprising +their constituents of the danger. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is notorious that the right of regulating Indian affairs, especially +with the five nations, has been in the colony of New York +since the year 1664, and before that period, from the year 1614, +whilst it was called New Nederland under the Dutch. That by +the confederation, although Congress are invested with the power +of regulating the trade and managing all affairs with the Indians, +that they are restricted to those Indians <span class="tei tei-q">“not members of any of +the states, and a special proviso that the legislative rights of any +state within its own limits be not infringed or violated.”</span> It therefore +was a violation of the confederation and of the rights of the +state for the congressional commissioners of Indian affairs to +<span class="tei tei-pb" id="page302">[pg 302]</span><a name="Pg302" id="Pg302" class="tei tei-anchor"></a> +treat, at fort Stanwix, with and thereat to make a purchase from +the five nations without the authority or consent of the legislature +of this state. It was an infraction of the rights of the citizens +of this state, and an insult on their government, for those commissioners +to wrest private property from individuals, imprison their +persons, set at defiance the civil authority of the county of Montgomery, +and violently to resist the execution of legal process. +Nor was the ordinance of the 7th of August, 1786, for the regulation +of Indian affairs, less so, namely, that <span class="tei tei-q">“the Indian department +be divided into two districts, viz.: the southern, which shall +comprehend within its limits all the nations in the territory of +the United States, who reside to the southward of the Ohio; and +the northern, which shall comprehend all the nations within the +said territory, and westward, not of lake Ontario, but of Hudson's +river; that a superintendent for the northern districts shall have +authority to appoint two deputies to reside in such places as +shall best facilitate the regulation of the Indian trade; that no +person, citizen or other, under the penalty of five hundred dollars, +shall reside among or trade with any Indian or Indian nations +within the territory of the United States, without a licence for that +purpose first obtained from the superintendent of the district, or +of one of the deputies, who is hereby directed to give such licence +to every person who shall produce from the supreme executive of +any state a certificate under the seal of the state, that he is of good +character and suitably qualified and provided for that employment, +for which licence he shall pay for one year the sum of fifty +dollars to the said superintendent for the use of the United +States.”</span> If this was the conduct of Congress and their officers, +when possessed of powers which were declared by them to be +insufficient for the purposes of government, what have we reasonably +to expect will be their conduct when possessed of the +powers <span class="tei tei-q">“to regulate commerce with foreign nations, and among +the several states, and with the Indian tribes,”</span> when they are +armed with legislative, executive and judicial powers, and their +laws the supreme laws of the land—and when the states are prohibited, +without the consent of Congress, to lay any <span class="tei tei-q">“imposts or +duties on imports,”</span> and if they do they shall be for the use of the +<span class="tei tei-pb" id="page303">[pg 303]</span><a name="Pg303" id="Pg303" class="tei tei-anchor"></a> +treasury of the United States—and all such laws subject to the +revision and controul of Congress. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is therefore evident that this state, by adopting the new government, +will enervate their legislative rights, and totally surrender +into the hands of Congress the management and regulation +of the Indian trade to an improper government, and the traders +to be fleeced by iniquitous impositions, operating at one and the +same time as a monopoly and a poll-tax. The deputy by the +above ordinance, has a right to exact yearly fifty dollars from +every trader, which Congress may increase to any amount, and +give it all the operation of a monopoly; fifty dollars on a cargo +of 10,000 dollars' value will be inconsiderable, on a cargo of 1000 +dollars burthensome, but on a cargo of 100 dollars will be intolerable, +and amount to a total prohibition, as to small adventurers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">ii, iii, ix, xii, and xxxi.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The second paragraph provides <span class="tei tei-q">“that the supreme legislative +power within this state shall be vested in two separate and distinct +bodies of men, the one to be called the assembly, and the +other to be called the senate of the state of New York, who together +shall form the legislature.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The ninth provides <span class="tei tei-q">“that the assembly shall be the judge of +their own members, and enjoy the same privileges, and proceed +in doing business in like manner as the assembly of the colony of +New York of right formerly did.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The twelfth paragraph provides <span class="tei tei-q">“that the senate shall, in like +manner, be judges of their own members,”</span> etc. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 31st describes even the stile of laws—that the stile of all +laws shall be as follows: <span class="tei tei-q">“Be it enacted by the people of the +state of New York represented in senate and assembly,”</span> and that +all writs and proceedings shall run in the name of the people of +the state of New York, and tested in the name of the chancellor +or the chief judge from whence they shall issue. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The third provides against laws that may be hastily and inadvertently +passed, inconsistent with the spirit of the constitution +and the public good, and that <span class="tei tei-q">“the governor, the chancellor +and judges of the supreme court, shall revise all bills about to be +passed into laws, by the legislature.”</span> +</p> + +<span class="tei tei-pb" id="page304">[pg 304]</span><a name="Pg304" id="Pg304" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The powers vested in the legislature of this state by these paragraphs +will be weakened, for the proposed new government declares +that <span class="tei tei-q">“all legislative powers therein granted shall be vested +in a congress of the United States, which shall consist of a senate +and a house of representatives,”</span> and it further prescribes, that +<span class="tei tei-q">“this constitution and the laws of the United States, which shall +be made in pursuance thereof; and all treaties made, or which +shall be made under the authority of the United States, shall be +the supreme law of the land, and the judges in every state shall +be bound thereby, anything in the constitution or laws of any +state to the contrary notwithstanding; and the members of the +several state legislatures, and all executive and judicial officers, +both of the United States and of the several states, shall be bound +by oath or affirmation to support this constitution.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Those who are full of faith, suppose that the words in pursuance +thereof are restrictive, but if they reflect a moment and take +into consideration the comprehensive expressions of the instrument, +they will find that their restrictive construction is unavailing, +and this is evinced by 1st art., 8 sect., where this government +has a power <span class="tei tei-q">“to lay and collect all taxes, duties, imposts and excises, +to pay the debts, and provide for the common defence and +general welfare of the United States,”</span> and also <span class="tei tei-q">“to make all laws +which shall be necessary and proper for carrying into execution the +foregoing powers vested by this constitution in the government +of the United States, or in any department or office thereof.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Art. 1st, sect. 7, provides a qualified negative, that is, that +<span class="tei tei-q">“every bill which shall be passed [by] the house of representatives +and the senate, shall, before it become a law, be presented +to the president of the United States.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To conclude my observations on this head, it appears to me as +impossible that these powers in the state constitution and those +in the general government can exist and operate together, as it +would be for a man to serve two masters whose interests clash, +and secure the approbation of both. Can there at the same +time and place be and operate two supreme legislatures, executives, +and judicials? Will a <span class="tei tei-q">“guarantee of a republican form of +government to every state in the union”</span> be of any avail, or secure +the establishment and retention of state rights? +</p> + +<span class="tei tei-pb" id="page305">[pg 305]</span><a name="Pg305" id="Pg305" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If this guarantee had remained, as it was first reported by the +committee of the whole house, to wit, ... <span class="tei tei-q">“that a republican constitution, +and its existing laws, ought to be guaranteed to each +state by the United States,”</span> it would have been substantial; but +the changing the word <em class="tei tei-emph"><span style="font-style: italic">constitution</span></em> into the word <em class="tei tei-emph"><span style="font-style: italic">form</span></em> bears no +favorable appearance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">iv, v, xii, xvi.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The fourth provides, <span class="tei tei-q">“that the assembly of the state of New +York shall consist of at least seventy members, to be annually +chosen in the several counties in certain proportions.”</span> The 5th, +12th and 16th, declare that a census shall be taken every seven +years, to regulate the augmentation of the number seventy, so as +not to exceed three hundred. Here seventy members are divided +among the several counties, and consequently into at least +as many poles and sets of members to be annually chosen. If +this is contrasted with the constitution for the federal government—the +constitutional assembly or house of representatives will be +found to consist of sixty-five members divided among thirteen +states, to be chosen every second year. Six for the state of New +York; not distributed among the counties, but by all the counties. +And, although <span class="tei tei-q">“the times, places and manner of holding +elections for senators and representatives shall be prescribed in +each state by the legislature thereof,”</span> yet, as it provides that +<span class="tei tei-q">“Congress may at any time by law, make or alter those regulations, +except as to places of chusing senators”</span>—the power in the +state government to prescribe rules in those cases will be superseded +by the executive of the general government, perhaps to the +great inconvenience of the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">from the vith to the xiith.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The sixth paragraph recites that an opinion hath long prevailed +among divers of the good people of this state that the voting +at the election by ballot would tend more to preserve the liberty +and equal freedom of the people than voting viva voce; to +the end, therefore, that a fair experiment be made which of these +two methods of voting is to be preferred, it declares that after the +war elections shall be by ballot. +</p> + +<span class="tei tei-pb" id="page306">[pg 306]</span><a name="Pg306" id="Pg306" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The seventh and eighth regulate the freeholds, and what property +shall entitle a man to vote; the ninth, the mode of conducting +business in the assembly, and their privileges; the tenth, +eleventh, and twelfth, the number of the senate, and how and by +whom they shall be elected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As these clauses regulate the mode of elections and qualifications +of the voters of senate and assembly, a relation of what gave +rise to the provisions for voting by ballot and that of the value of +the freehold, will help to unravel what otherwise may appear +mysterious. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In respect to the first it may be necessary to observe that under +the colonial government there existed violent parties, not known +by the name of whig or tory—republicans and aristocrats. Those +who were in the employments of government, or the <em class="tei tei-emph"><span style="font-style: italic">ins</span></em>, were for +extending the prerogative of the crown, while the <em class="tei tei-emph"><span style="font-style: italic">outs</span></em> were checks +to it. Many of the leaders on both sides were under strong expectations +that sooner or later that branch of colonial government +called the king's council would be erected into a hereditary house +of lords. The <em class="tei tei-emph"><span style="font-style: italic">ins</span></em> being nearest to the disposition of the offices +of honor and profit, and in the way of obtaining patents for vacant +lands, and being from time to time joined by other crown +officers and dependents, who flocked to and settled in this colony +since the year 1763, had the means of making use of undue influence +to retain their situations, which made the <em class="tei tei-emph"><span style="font-style: italic">outs</span></em> at last dispair +of ever having a turn, unless the elections were by ballot. This +opinion was propagated in every part of the colony before and at +the time of the revolution, and so strongly did it operate upon the +committee that were ordered to consider of and report the constitution, +that at one time they had the whole system interwoven in +the draft; but either because it would have made it too lengthy, or +that one of the parties were then reduced, and not likely to rise +again into importance, about the time the draft was reported, +it was struck out and was left by the constitution to the legislature +to decide, as experience on the exercise of both principles +should suggest. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Sydney.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page307">[pg 307]</span><a name="Pg307" id="Pg307" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Sydney, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The New York Journal, +(Number 2321) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Saturday, June 14, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For the Daily Patriotic Register. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of the State of New York.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(Concluded from yesterday's paper.) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As to the value of the freeholds, there has been great diversity +of opinions, for notwithstanding all agreed that the rights and liberties +of a country were ever in danger from the rich and poor, +and their safety in the middle sort or yeomanry of the country, +still the difficulty occurred in establishing the mean. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +While the convention, in 1776, was setting at Harlem, the outlines +of a constitution were handed about, to try, it was supposed, +the temper of the members, in which it was proposed to have a governor, +lieutenant governor, senate, and assembly; the qualification +of the governor, lieutenant governor, and senate, to be that each +should possess real estate to the value of 10,000 pounds, and to be +elected by freeholders possessing freeholds to the value of 1,000 +pounds. Although this was not attended with bad effects, yet the +qualifications of the electors gave rise to various arguments, and, +among others, that as taxation and representation ought to go +together, so the right of electing shall be in proportion to the +value of each man's estate. To exemplify this, a man of £100 +estate had one vote; a man of £1000 should have ten, and a man +of ten thousand pounds a hundred, and so on in the same ratio. +<span class="tei tei-pb" id="page308">[pg 308]</span><a name="Pg308" id="Pg308" class="tei tei-anchor"></a> +Others on the contrary supposed that there ought to be no other +criterion than the age of twenty-one, a citizen born and resident +in this country; out of the two extremes was produced the present +system of election and qualification, both admitted to be as +secure and consistent rights as any that have been contrived. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is apprehended, from the duplicity in the wording of 1st +art., 4th sec., that seemingly to leave in the power of the respective +legislatures to regulate the elections, and still, that Congress +may at any time by law make or alter such regulations; +and the undesigned wording of the sixth article, that the constitution +and laws of the United States which shall be made in +pursuance thereof shall be the law of the land, anything in the +constitution or laws of any State to the contrary notwithstanding, +will render the whole system ineffectual, if not nugatory, and a +new system as destructive to the liberties of the citizens as that +of the ratio of voices to the ratio of property introduced. Besides +being liable to have the whole State erected into one district, +and consequently may give rise to the inconveniences I +mentioned before. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">vii, sec. 6; viii, sec. 6; ix, sec. 6; x, +section 6; xi, sec. 6; xii, +sec. 2, 6; xvi, sec. 6; xiii, xxxv, xli.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 13th paragraph <span class="tei tei-q">“no member of this State shall be disfranchised, +or deprived of any of the rights or privileges secured +to the subjects of the State by this constitution, unless by the law +of the land, or judgment of its peers.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 35th adopts, under certain exceptions and modifications, +the common law of England, the statute law of England and +Great Britain, and the acts of the legislature of the colony, which +together formed the law on the 19th of April, 1775. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 41st provides that the trial by jury remain inviolate forever; +that no acts of attainder shall be passed by the legislature +of this State for crimes other than those committed before the +termination of the present war. And that the legislature shall at +no time hereafter institute any new courts but such as shall proceed +according to the course of the common law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There can be no doubt that if the new government be adopted +<span class="tei tei-pb" id="page309">[pg 309]</span><a name="Pg309" id="Pg309" class="tei tei-anchor"></a> +in all its latitude, every one of these paragraphs will become a +dead letter: nor will it solve any difficulties, if the United States +guarantee <span class="tei tei-q">“to every state in the union a republican form of government;”</span> +we may be allowed the form and not the substance, and +that it was so intended will appear from the changing the word +<em class="tei tei-emph"><span style="font-style: italic">constitution</span></em> to the word <em class="tei tei-emph"><span style="font-style: italic">form</span></em> +and the omission of the words, <em class="tei tei-emph"><span style="font-style: italic">and +its existing laws</span></em>. And I do not even think it uncharitable to suppose +that it was designedly done; but whether it was so or not, by +leaving out these words the jurisprudence of each state is left to +the mercy of the new government. By 1st art., 8th sec., 1st clause, +<span class="tei tei-q">“The Congress shall have power to lay and collect taxes, duties, +imposts and excises, to pay the debts and provide for the common +defence and general welfare of the United States.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 9th clause of the same section, <span class="tei tei-q">“To constitute tribunals +inferior to the court.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 18th clause, <span class="tei tei-q">“To make all laws which shall be necessary +and proper for carrying into execution the foregoing powers, +and all other powers vested by this constitution in the government +of the United States, or in any department thereof.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 3d art., 1st sec., <span class="tei tei-q">“The judicial power of the United States +shall be vested in one supreme court, and in such inferior courts +as the Congress may from time to time ordain and establish.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By sec. 2nd, <span class="tei tei-q">“The judicial power shall extend to all cases in +law and equity.”</span> To have in various instances an original and +exclusive, in others a concurrent jurisdiction, and the supreme +court in many cases an appellate jurisdiction, both as to law and +fact. It provides, indeed, that the trial for crimes shall be by +jury, but has left the trial in civil matters to the mercy of construction +and their own legislative sovereign will and pleasure. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 3d art., 3d sec., <span class="tei tei-q">“The Congress shall have power to declare +the punishment of treason, but no attainder shall work a +corruption of blood or forfeiture, except during the life of the +person attainted.”</span> By 1st art., 9th sec., 3d clause, <span class="tei tei-q">“No bill of attainder +or ex post facto law shall be passed.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">xvii, xviii, xix, xx, xxi, xxiii, xl.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 17th orders <span class="tei tei-q">“That the supreme executive power and authority +<span class="tei tei-pb" id="page310">[pg 310]</span><a name="Pg310" id="Pg310" class="tei tei-anchor"></a> +of this State shall be vested in a governor.”</span> By the 18th +he is commander-in-chief of the militia and admiral of the navy +of the State; may grant pardons to all persons convicted of +crimes; he may suspend the execution of the sentence in treason +or murder. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 19th paragraph he is to see that the laws and resolutions +of the legislature be faithfully executed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 27th he is president of the council of appointment, and +has a casting vote and the commissioning of all officers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 20th and 21st paragraphs give the lieutenant-governor, on +the death, resignation, removal from office, or impeachment of +the governor, all the powers of a governor. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 40th paragraph orders that the militia at all times, both in +peace and war, shall be armed and disciplined, and kept in readiness; +in what manner the Quakers shall be excused; and that a +magazine of warlike stores be forever kept at the expence of the +State, and by act of the legislature, established, maintained, and +continued in every county in the State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whoever considers the following powers vested in the government, +and compares them with the above, must readily perceive +they are either all enervated or annihilated. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 1st art., 8th sec., 15th, 16th and 17th clauses, Congress +will be empowered to call forth the militia to execute the laws of +the union, suppress insurrections and repel invasions; to provide +for organizing, arming and disciplining the militia, for the governing +such part of them as may be employed in the service of +the United States, and for the erection of forts, magazines, etc. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And by the 2nd art., 2d sec., <span class="tei tei-q">“The president shall be commander-in-chief +of the army and navy of the United States, and +of the militia of the several States when called into actual service +of the United States, except in cases of impeachment.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And by the 6th art., <span class="tei tei-q">“The members of the several state legislatures, +and all the executive and judicial officers; both of the +United States, and of the several states, shall be bound by oath +or affirmation to support the constitution.”</span> Can this oath be taken +by those who have already taken one under the constitution of +this state? +</p> + +<span class="tei tei-pb" id="page311">[pg 311]</span><a name="Pg311" id="Pg311" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">xviii, sec. 17; xix, sec. 17; xx sec. 17; xxi, sec. 17; xxiii, sec. +17; xxii to xxx inclusive.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These paragraphs regulate the election, appointment, construction +and duration of all the state, county and district officers, +including the delegates to Congress, and how they severally are +to be created and commissioned. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 22d directs that the treasurer shall be appointed by act of +the legislature to originate with the assembly. The 23d establishes +a council to appoint the officers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 24th directs that the military officers shall be, during the +pleasure of the council, the chancellor, judges of the supreme +court, the first judge in every county until the age of 60. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Twenty-five and 28, which offices are incompatible, and the +tenure and duration of such officers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Twenty-six, that sheriffs and coroners be annually appointed, +and shall not continue more than four years. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Twenty-seven, that the officers of the court be appointed by +the respective courts, except the attorneys, by the first judge of +every court. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Twenty-nine, provides that town clerks, supervisors, assessors, +constables and collectors, and all other officers heretofore elegible +by the people, shall always continue to be so elegible. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thirty, directs the mode how the delegates to represent this +state in the general Congress of the United States shall be elected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I apprehend that the paragraphs aforesaid will be compleatly +rendered unoperative by the following articles in the new constitution: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Second article, second section, second clause, the president +<span class="tei tei-q">“shall have power, and by and with the advice and consent of the +Senate, shall appoint embassadors, other public ministers and +consuls, judges of the supreme court, and all officers of the United +States where appointments are not herein otherwise provided for, +and which shall be established by law; but the Congress may by +law vest the power of such inferior officers as they think proper, +in the president alone, in the courts of law, or in the heads of departments.”</span> +By the 1st art., 8 section, 9, 18 clauses, Congress +have power <span class="tei tei-q">“to constitute tribunals inferior to the supreme court, +<span class="tei tei-pb" id="page312">[pg 312]</span><a name="Pg312" id="Pg312" class="tei tei-anchor"></a> +to make all laws which shall be necessary and proper for carrying +into execution the foregoing powers, and all other powers vested +by this constitution in the government of the United States, or +in any department or officer thereof.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the third article, 2d section, there is an extensive federal +power as above-mentioned. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 2d article, 2d section, the president <span class="tei tei-q">“shall take care +that the laws be faithfully executed, and shall commission all the +officers of the United States.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From these powers lodged in Congress and the powers vested +in the states, it is clear that there must be a government within a +government, two legislative, executive and judicial powers. The +power of raising an army in time of peace, and to command +the militia, will give the president ample means to enforce the +Supreme laws of the land. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">xxiii, sec. 21; xxiv, sec. 21; xxv, sec. 21; xxvi, sec. 21; xxvii, +sec. 21; xxviii, sec. 21; xxix, sec. 21; xxx, sec. 21; +xxxi, sec. 2; xxxii, xxxiii, xxxiv.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 32d paragraph orders, <span class="tei tei-q">“That a court shall be instituted +for the trial of impeachments and the correction of errors under +the regulations which shall be established by the legislature, and +to consist of the president of the senate for the time being, and +the senators, chancellors and judges of the supreme court.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 33d vests the power of impeaching all officers of the state +for mal and corrupt practice in the representatives of the people +in assembly. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 34th allows the parties impeached or indicted for crimes +and misdemeanors to have counsel. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This system is undermined and rendered nugatory by 1st art., +6th and 7th clauses, where the senate in the new constitution, have +the trial and judgment on all impeachments. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By 3d art., 2d sec, 3d clause, the trial of all crimes is regulated. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the 3d art., 3d sec., it is defined what shall be treason, the +proof required, the punishment, and how the judgment in attainder +shall operate. +</p> + +<span class="tei tei-pb" id="page313">[pg 313]</span><a name="Pg313" id="Pg313" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">xxxiii, sec. 32; xxxiv, sec. 32; xxxv, sec. 13; xxxvii, +sec. 1; xxxviii, xxxix.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 38th paragraph provides <span class="tei tei-q">“that the free exercise and enjoyment +of religious procession and worship, without discrimination +or preference, shall forever hereafter be allowed within this +State to all mankind, provided that the liberty of conscience +hereby granted shall not excuse acts of licentiousness or justify +practices inconsistent with the peace or safety of the State.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 39th provides that <span class="tei tei-q">“no minister of the gospel, or priest of +any denomination whatsoever, shall at any time hereafter, under +any pretence or description whatever, be eligible to or capable of +holding any civil or military office or place within this state.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The first of those articles protects us from persecution in religious +matters. The other excludes the clergy from enjoying +any office, civil or military. Two provisions passed by in silence +by the framers of the new constitution; and although possibly +the leaders in both have been equally averse to a democratic +system, and have had the same object, the ruin of state government, +in view. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">xlii.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This paragraph provides <span class="tei tei-q">“that it shall be in the discretion of +the legislature to naturalize all such persons and in such manner +as they shall think proper.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The 1st art., 8 sec., 4th clause, give to the new government +power to establish a uniform rule of naturalization. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And by the 4th art., 2d sec., <span class="tei tei-q">“the citizens of each state shall +be entitled to all the privileges and immunities of citizens in the +several states,”</span> whereby the clause is rendered entirely nugatory. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From this contrast it appears that the general government, +when compleatly organized, will absorb all those powers of the +state which the framers of its constitution had declared should +be only exercised by the representatives of the people of the +state; that the burthens and expence of supporting a state establishment +will be perpetuated; but its operations to ensure or +contribute to any essential measures promotive of the happiness +of the people may be totally prostrated, the general government +<span class="tei tei-pb" id="page314">[pg 314]</span><a name="Pg314" id="Pg314" class="tei tei-anchor"></a> +arrogating to itself the right of interfering in the most minute +objects of internal police, and the most trifling domestic concerns +of every state, by possessing a power of passing laws <span class="tei tei-q">“to provide +for the general welfare of the United States,”</span> which may affect +life, liberty and property in every modification they may think +expedient, unchecked by cautionary reservations, and unrestrained +by a declaration of any of those rights which the wisdom +and prudence of America in the year 1776 held ought to be at +all events protected from violation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In a word, the new constitution will prove finally to dissolve +all the power of the several state legislatures, and destroy the +rights and liberties of the people; for the power of the first will +be all in all, and of the latter a mere shadow and form without +substance, and if adopted we may (in imitation of the Carthagenians) +say, Delenda vit Americæ. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Sydney.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page315">[pg 315]</span><a name="Pg315" id="Pg315" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc23" id="toc23"></a> +<a name="pdf24" id="pdf24"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Cursory Remarks By Hugh Henry Brackenridge.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The American Museum,<br /> +April, 1788. +</p> + +<span class="tei tei-pb" id="page317">[pg 317]</span><a name="Pg317" id="Pg317" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This article first appeared in <span class="tei tei-hi"><span style="font-style: italic">The Pittsburgh Gazette</span></span>, but as I +have not been able to find a file of that paper, I have been compelled +to reprint it from <span class="tei tei-hi"><span style="font-style: italic">The American Museum</span></span>. It was anonymous, +but its authorship is settled by its republication in Brackenridge's +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Gazette Publications</span></span>,”</span> printed in book form in 1806. +</p> + +</div> + +<span class="tei tei-pb" id="page319">[pg 319]</span><a name="Pg319" id="Pg319" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Cursory Remarks.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The American Museum, +(Number 4) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">April, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is not my intention to enter largely into a consideration of +this plan of government, but to suggest some ideas in addition +to, and of the same nature with, those already made, showing the +imperfections and the danger of it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The first thing that strikes a diligent observer, is the want of +precaution with regard to the <em class="tei tei-emph"><span style="font-style: italic">sex</span></em> of the president. Is it provided +that he shall be of the male gender? The Salii, a tribe of +the Burgundians, in the 11th century, excluded females from the +sovereignty. Without a similar exclusion, what shall we think, +if, in progress of time, we should come to have an <em class="tei tei-emph"><span style="font-style: italic">old woman</span></em> at +the head of our affairs? But what security have we that he shall +be a <em class="tei tei-emph"><span style="font-style: italic">white man</span></em>? What would be the national disgrace if he +should be elected from one of the southern states, and a <em class="tei tei-emph"><span style="font-style: italic">vile negro</span></em> +should come to rule over us? Treaties would then be formed with +the tribes of Congo and Loango, instead of the civilized nations +of Europe. But is there any security that he shall be a <em class="tei tei-emph"><span style="font-style: italic">freeman</span></em>? +Who knows but the electors at a future period, in days of corruption, +may pick up a man-servant, a convict perhaps, and give +him the dominion? Is any care taken that he shall be of <em class="tei tei-emph"><span style="font-style: italic">perfect +parts</span></em>? Shall we, in affairs of a civil nature, leave a door open to +lame men, bastards, eunuchs, and the devil knows what? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A senate is the next great constituent part of the government; +and yet there is not a word said with regard to the ancestry of +any of them; whether they should be altogether Irish, or only +<span class="tei tei-pb" id="page320">[pg 320]</span><a name="Pg320" id="Pg320" class="tei tei-anchor"></a> +Scots Irish. If any of them have been in the war of the White +Boys, the Heart of Oak, or the like, they may overturn all +authority, and make Shilelah the supreme law of the land. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The house of representatives is to be so large, that it can never +be built. They may begin it, but it can never be finished. Ten +miles square! Babylon itself, unless the suburbs are taken into +view, was not of greater extent. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But what avails it to dwell on these things? The want of a +<em class="tei tei-emph"><span style="font-style: italic">bill of rights</span></em> is the great evil. There was no occasion for a bill +of <em class="tei tei-emph"><span style="font-style: italic">wrongs</span></em>; for there will be wrongs enough. But oh! a <em class="tei tei-emph"><span style="font-style: italic">bill of +rights</span></em>! What is the nature of a bill of rights? <span class="tei tei-q">“It is a schedule +or inventory of those powers which Congress do not possess.”</span> +But if it is clearly ascertained what powers they have, what need +of a catalogue of those powers they have not? Ah! there is the +mistake. A minister preaching, undertook, first, to show what +was in his text; second, what was not in it. When it is specified +what powers are given, why not also what powers are not given? +A bill of rights is wanting, and all those things which are usually +secured under it— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. The <em class="tei tei-emph"><span style="font-style: italic">rights of conscience</span></em> are swept away. The Confession +of Faith, the Prayer-Book, the Manual and Pilgrim's Progress +are to go. The psalms of Watts, I am told, are the only thing +of the kind that is to have any quarter at all. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. The <em class="tei tei-emph"><span style="font-style: italic">liberty of the press</span></em>—that is gone at the first stroke. +Not so much as an advertisement for a stray horse, or a runaway +negro, can be put in any of the gazettes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. The <em class="tei tei-emph"><span style="font-style: italic">trial by jury</span></em>—that is knocked in the head, and all that +worthy class of men, the lawyers, who live by haranguing and +bending the juries, are demolished. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I would submit it to any candid man, if in this constitution +there is the least provision for the privilege of shaving the beard? +or is there any mode laid down to take the measure of a pair of +breeches? Whence is it then, that men of learning seem so +much to approve, while the ignorant are against it? The cause +is perfectly apparent, viz., that reason is an erring guide, while +instinct, which is the governing principle of the untaught, is certain. +Put a pig in a poke, carry it half a day's journey through +<span class="tei tei-pb" id="page321">[pg 321]</span><a name="Pg321" id="Pg321" class="tei tei-anchor"></a> +woods and by-ways, let it out, and it will run home without deviation. +Could Dr. Franklin do this? What reason have we +then to suppose that his judgment, or that of Washington, could +be equal to that of Mr. Smilie<a id="noteref_55" name="noteref_55" href="#note_55"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">55</span></span></a> in state affairs? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Were it not on this principle that we are able to account for it, +it might be thought strange that old Livingston,<a id="noteref_56" name="noteref_56" href="#note_56"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">56</span></span></a> of the Jersies, +could be so hoodwinked as to give his sanction to such a diabolical +scheme of tyranny amongst men—a constitution which may +well be called hell-born. For if all the devils in Pandemonium +had been employed about it, they could not have made a worse. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Neil MacLaughlin, a neighbor of mine, who has been talking +with Mr. Findley, says that under this constitution all weavers +are to be put to death. What have these innocent manufacturers +done that they should be proscribed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let other states think what they will of it, there is one reason +why every Pennsylvanian should execrate this imposition upon +mankind. It will make his state most probably the seat of government, +and bring all the officers, and cause a great part of the +revenue to be expended here. This must make the people rich, +enable them to pay their debts, and corrupt their morals. Any +citizen, therefore, on the Delaware and Susquehannah waters, +ought to be hanged and quartered, that would give it countenance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I shall content myself at present with these strictures, but shall +continue them from time to time as occasion may require. +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page323">[pg 323]</span><a name="Pg323" id="Pg323" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc25" id="toc25"></a> +<a name="pdf26" id="pdf26"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Letter Of Caution, Written By Samuel Chase.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +THE MARYLAND JOURNAL,<br /> +October, 1788. +</p> + +<span class="tei tei-pb" id="page325">[pg 325]</span><a name="Pg325" id="Pg325" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The authorship of this essay is fixed upon Chase by a letter of +Daniel Carroll, who in writing to Madison, alludes to both this, +and his reply, printed <span class="tei tei-hi"><span style="font-style: italic">post</span></span>. +Chase was the leader of the Anti-Federalists +in Maryland, but was at first compelled by popular +feeling to temporize, as is shown by the following extracts, taken +from the Maryland Journal for September 28, 1787: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The following is the conclusion of the speech of Samuel Chase, Esq., delivered this +day, at the Court House, before a numerous and respectable body of citizens. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +(Published by request of many electors of Baltimore Town.) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Constitution proposed by the late Convention, for the +United States, will alter, and in some instances, abolish our Bill +of Rights and Form of Government. The Legislature of this +State have no right to alter our Form of Government, but in the +mode prescribed by the Constitution. The only question for the +General Assembly to determine is this, whether they will recommend +to the people to elect delegates to meet in convention, to +consider and decide on the plan proposed. I have always maintained +the Union, and the increase of powers in Congress. I +think the Federal Government must be greatly altered. I have +not formed my opinion, whether the plan proposed ought to be +accepted as it stands, without any amendment or alteration. The +subject is very momentous, and involves the greatest consequences. +If elected, I will vote for, and use my endeavours to +procure a recommendation by the Legislature to call a convention, +as soon as it can conveniently be done, unless otherways +directed by this town. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">September 26, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Having been informed that my engagements of yesterday, to +the meeting at the Court House, </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">to vote for, and use my endeavours +to procure a recommendation by the Legislature, to call +a convention as soon as it can conveniently be done,</span><span style="font-size: 90%">”</span></span><span style="font-size: 90%"> is not understood; +from a desire, if possible, to remove all misunderstanding, +I take the liberty to declare, that by the promise I meant to +engage, and therefore do promise, if elected, that I will use my +endeavours to procure, at the next session of Assembly, and as +</span><span class="tei tei-pb" id="page326">[pg 326]</span><a name="Pg326" id="Pg326" class="tei tei-anchor"></a><span style="font-size: 90%"> +soon in the session as the necessary business of the State will +permit, a recommendation by the General Assembly to call a +convention, to consider and decide on the Constitution proposed +by the late Convention for the United States, and to appoint the +election of delegates to the Convention as soon as the convenience +of the people will permit. I further beg leave to add as my +opinion, that the election of delegates to the Convention ought +to be as early in the spring as may be. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-variant: small-caps">Samuel Chase.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Baltimore, September 27, 1787.</span></span> +</p> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are attacks on Chase, by <span class="tei tei-q">“Steady”</span> in the <span class="tei tei-hi"><span style="font-style: italic">Maryland +Journal</span></span> of September 28, 1787, and by <span class="tei tei-q">“Spectator,”</span> in +the <span class="tei tei-hi"><span style="font-style: italic">Maryland +Journal</span></span> of October 9, 1787. +</p> + +</div> + +<span class="tei tei-pb" id="page327">[pg 327]</span><a name="Pg327" id="Pg327" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Caution.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 976) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, October 12, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Inhabitants of Baltimore Town</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An attempt to <em class="tei tei-emph"><span style="font-style: italic">surprise</span></em> you into any <em class="tei tei-emph"><span style="font-style: italic">public</span></em> measure, ought to +meet your indignation and contempt. When violence or cunning +is substituted for argument and reason, suspicion should +take the alarm, and prudence should dictate the propriety of deliberation. +Questions of consequence in private life ought not to +be <em class="tei tei-emph"><span style="font-style: italic">hastily</span></em> decided, and with greater reason, determinations that +involve the future felicity of a whole people, ought not to be +taken before the most mature and deliberate consideration, and a +free and full examination of the subject and all its consequences. +These reflections occurred on being informed that some gentlemen +of this Town employ themselves in carrying about and +soliciting subscribers to a petition, addressed to the General +Assembly, requesting them to call a Convention to ratify the new +system of government, proposed for the United States by the late +Convention at Philadelphia. If this petition contained no more, +it would not have been worthy of notice; but it publishes to the +world your entire approbation of the New Federal Government, +and your desire that it should be adopted and confirmed by this +State, as it stands, <em class="tei tei-emph"><span style="font-style: italic">without any amendment or alteration</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The ostensible cause for offering you the petition to sign is, +that you may express your sentiments to the legislature, that +they ought to call a Convention to ratify the new form of government +for the United States; but the real design of the promoters +<span class="tei tei-pb" id="page328">[pg 328]</span><a name="Pg328" id="Pg328" class="tei tei-anchor"></a> +of the petition is to draw you into a declaration in favour +of the <em class="tei tei-emph"><span style="font-style: italic">whole</span></em> system, and to bind you hereafter to support it, +which you must do, or allege deception and surprise, if, on further +reflection, you should discover that you rashly gave an +opinion against your real interests. If the <em class="tei tei-emph"><span style="font-style: italic">real</span></em> intention of the +promoters and carriers of this petition was <em class="tei tei-emph"><span style="font-style: italic">only</span></em> to obtain your +opinion in favour of calling a Convention, it might have been expressed +in a <em class="tei tei-emph"><span style="font-style: italic">few</span></em> lines; and no one would oppose such a petition, +although improper and unnecessary, because your Delegates will +certainly move for, and exert themselves to procure, the calling +a Convention; and no member of the General Assembly will +deny that, in so doing, your Delegates speak your sentiments. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In my opinion, it is not necessary or proper for you, <em class="tei tei-emph"><span style="font-style: italic">at this +time</span></em>, to express your approbation, or disapprobation, of the new +constitution for the United States, for the following reasons: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +First—because the decision, <em class="tei tei-emph"><span style="font-style: italic">for</span></em> or <em class="tei tei-emph"><span style="font-style: italic">against</span></em> +the plan, is of the +greatest consequence, as it involves no less than the happiness or +misery of you and all your posterity forever; and therefore, I +think, requires your dispassionate and most deliberate consideration. +Secondly—because you want information, and have not +had time yourselves to examine the proposed system, and to +consider the consequences that may flow from rejecting or adopting +it. Thirdly—because time is not given for your countrymen +in this, and the other States, to consider the subject, and to lay +their sentiments and reasons for or against the measure before +you. Fourthly—because you ought to hear <em class="tei tei-emph"><span style="font-style: italic">both</span></em> sides, as the +man who determines on hearing one part only, will almost always +be mistaken in his judgment. He may be in the right, but it will +be by <em class="tei tei-emph"><span style="font-style: italic">chance</span></em> and not by <em class="tei tei-emph"><span style="font-style: italic">reason</span></em>. Fifthly—because you are +not pressed in point of time to determine on the subject; you have +at least three months for deliberation; to decide, therefore, in a +few days will be rashness and folly. Sixthly—when men urge +you to determine in <em class="tei tei-emph"><span style="font-style: italic">haste</span></em>, on so momentous a subject, it is not +<em class="tei tei-emph"><span style="font-style: italic">unreasonable</span></em> to require their motives; and it is not +<em class="tei tei-emph"><span style="font-style: italic">uncharitable</span></em> +to suspect that they are improper; and no possible mischief or +inconvenience can happen from delay. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">October 11, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Caution.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page329">[pg 329]</span><a name="Pg329" id="Pg329" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc27" id="toc27"></a> +<a name="pdf28" id="pdf28"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Letter Of A Friend To The Constitution, Written By Daniel Carroll.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The Maryland Journal,<br /> +October, 1787. +</p> + +<span class="tei tei-pb" id="page331">[pg 331]</span><a name="Pg331" id="Pg331" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Daniel Carroll wrote Madison that he had replied to Chase's +<span class="tei tei-q">“Caution,”</span> and as this is the only direct reply to that article I +have been able to find, I have ventured to ascribe this to him. +The letter is in the Madison Papers in the Department of State, +which at present are restricted from use, so I am unable to print +it here. +</p> + +</div> + +<span class="tei tei-pb" id="page333">[pg 333]</span><a name="Pg333" id="Pg333" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Friend To The Constitution.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 977) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, October 16, 1787.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Inhabitants of Baltimore Town.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You have been addressed in the last Friday's paper, by a +writer under the signature of <span class="tei tei-hi"><span style="font-style: italic">Caution</span></span>, who would persuade you +that you ought to withhold your approbation, at this time, from +the Federal Constitution recommended by the Convention. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This writer may have the best intentions in the world towards +the <em class="tei tei-emph"><span style="font-style: italic">public welfare</span></em>, and the <em class="tei tei-emph"><span style="font-style: italic">prosperity of Baltimore</span></em>; but every +one must perceive that he is an enemy to the proposed Constitution, +and wishes to prevent you from expressing yourselves in its +favour, not only <em class="tei tei-emph"><span style="font-style: italic">at this time</span></em>, but at any <em class="tei tei-emph"><span style="font-style: italic">future time</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. C—— is said to be the author of this admonition; but +that this is a malicious insinuation, aimed at his sincerity, will appear +by considering his <em class="tei tei-emph"><span style="font-style: italic">recent promise</span></em> on this subject, signed and +published by himself, in reference with the resolution of the Convention, +upon which that promise is founded. I shall state both +the resolution and promise, that you may judge for yourselves. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The resolve of the Convention declares, that the Constitution +should be submitted to a Convention of Delegates, chosen in each +State by the people, under the recommendation of its legislature, +<em class="tei tei-emph"><span style="font-style: italic">for their assent and ratification</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. C—— being called upon, before his election, to declare +himself on this point, promises to the people, <span class="tei tei-q">“that he will use +his endeavours, if elected, to call a Convention.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I would just observe on this resolve and promise: First—that +<span class="tei tei-pb" id="page334">[pg 334]</span><a name="Pg334" id="Pg334" class="tei tei-anchor"></a> +the resolve makes it an <em class="tei tei-emph"><span style="font-style: italic">absolute condition</span></em> that the legislature +recommend a Convention <em class="tei tei-emph"><span style="font-style: italic">to assent to, and ratify, the Constitution</span></em>. +Secondly—that the <em class="tei tei-emph"><span style="font-style: italic">promise</span></em> made by Mr. C—— is obligatory +upon him, to use his endeavors to procure a Convention <em class="tei tei-emph"><span style="font-style: italic">for this +purpose</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Another remark, which occurs on this occasion, is, that Mr. +C—— could not mean that a Convention ought to be called <em class="tei tei-emph"><span style="font-style: italic">for +any other purpose</span></em> than to assent to, and ratify, the Constitution; +for it is absurd to suppose he meant the Convention should be +authorized by the legislature to propose amendments or alterations, +that being <em class="tei tei-emph"><span style="font-style: italic">contrary</span></em> to the declared intention of the resolution, +and the sense which his friends entertained of his engagement +at the time he entered into it. Mr. C——, therefore (without +presuming him capable of doing the greatest violence to his +promise), cannot be considered as the <em class="tei tei-emph"><span style="font-style: italic">author of Caution</span></em>, who +argues strenuously, though indirectly, <em class="tei tei-emph"><span style="font-style: italic">against adopting the Constitution</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From this brief view of the nature and intention of the resolve, +I think it is evident that the people ought, <em class="tei tei-emph"><span style="font-style: italic">without delay</span></em>, to signify +their approbation of the Constitution by <em class="tei tei-emph"><span style="font-style: italic">a petition to the +legislature</span></em>, to the end that the legislature, which is called upon +by the Convention and Congress to recommend to the people to +choose Delegates to ratify it, may have the <em class="tei tei-emph"><span style="font-style: italic">authority of the largest +and most promising commercial and manufacturing Town in the +State</span></em> to countenance so <em class="tei tei-emph"><span style="font-style: italic">important a recommendation</span></em>. +But <span class="tei tei-hi"><span style="font-style: italic">Caution</span></span> +thinks a petition <em class="tei tei-emph"><span style="font-style: italic">improper</span></em> and <em class="tei tei-emph"><span style="font-style: italic">unnecessary</span></em>; because, says he, +<span class="tei tei-q">“your Delegates will move for, and exert themselves to procure, +the calling a Convention.”</span> Admitting your Delegates to move +to have a Convention called, does it follow that they will add to +their motion these <em class="tei tei-emph"><span style="font-style: italic">essential words, to confirm and ratify the Constitution</span></em>? +Does it not rather appear, from the tenor of this +writer's remarks, that your Delegates ought to leave these words +out of their motion? But the <em class="tei tei-emph"><span style="font-style: italic">propriety</span></em> and <em class="tei tei-emph"><span style="font-style: italic">necessity</span></em> of a +petition does not depend on what your Delegates may, or may not do. +It is <em class="tei tei-emph"><span style="font-style: italic">proper</span></em> at this time, because the Constitution meets your approbation. +It is <em class="tei tei-emph"><span style="font-style: italic">necessary</span></em> at this time, because wanted as an inducement +to the legislature to call upon the people to appoint a +<span class="tei tei-pb" id="page335">[pg 335]</span><a name="Pg335" id="Pg335" class="tei tei-anchor"></a> +Convention to carry into effect the object of the resolution. In +other words, as the recommendation for a Convention <em class="tei tei-emph"><span style="font-style: italic">involves +the legislature in a complete approbation of the Constitution</span></em>, there +is the greatest <em class="tei tei-emph"><span style="font-style: italic">propriety</span></em> and <em class="tei tei-emph"><span style="font-style: italic">necessity</span></em> +for your telling the legislature +<em class="tei tei-emph"><span style="font-style: italic">that it meets your approbation</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am sorry to find, by <span class="tei tei-hi"><span style="font-style: italic">Caution's</span></span> publication and insinuations, +which I am told are circulated with great industry, that an opposition +is opened against the Constitution. I did not, I confess, +expect to see it adopted without some opposition; but I could +not bring myself to believe, that this opposition could have originated +in Baltimore, which is <em class="tei tei-emph"><span style="font-style: italic">so peculiarly interested in its speedy +adoption</span></em>. But what I intended to say on this point, is so well +expressed in a late speech of Mr. Wilson, to the people of Philadelphia, +previous to their election for representatives, that I shall +take the liberty of closing with it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“After all, my fellow-citizens, (says this excellent politician) it +is neither extraordinary nor unexpected, that the Constitution +offered to your consideration should meet with opposition. It is +the nature of man to pursue his own interest in preference to the +<em class="tei tei-emph"><span style="font-style: italic">public good</span></em>; and I do not mean to make any personal reflection, +when I add, that it is <em class="tei tei-emph"><span style="font-style: italic">the interest of a very numerous, powerful and +respectable body to counteract and destroy the excellent work produced +by the late Convention</span></em>. All the offices of government, and +all the appointments for the administration of justice, and the +collection of the public revenue, which are transferred from the +individual to the aggregate sovereignty of the States, will necessarily +turn the stream of influence and emolument into a new +channel. <em class="tei tei-emph"><span style="font-style: italic">Every person, therefore, who either enjoys, or expects to +enjoy, a place of profit under the present establishment, will object +to the proposed innovations, not, in truth, because it is injurious to +the liberties of his country; but because it affects his schemes of +wealth and consequence.</span></em> I will confess, indeed, that I am not a +blind admirer of this plan of government, and <em class="tei tei-emph"><span style="font-style: italic">that there are some +parts of it</span></em>, which, if my wish had prevailed, would certainly have +been altered. But, when I reflect how widely men differ in their +opinions, and that every man (and the observation applies likewise +to every state) has an equal pretension to assert his own, I +<span class="tei tei-pb" id="page336">[pg 336]</span><a name="Pg336" id="Pg336" class="tei tei-anchor"></a> +am satisfied that anything <em class="tei tei-emph"><span style="font-style: italic">nearer to perfection</span></em> could not have been +accomplished. If there are errors, <em class="tei tei-emph"><span style="font-style: italic">it should be remembered</span></em>, that +the seeds of reformation are sown in the work itself, and the concurrence +of two-thirds of the Congress may, at any time, introduce +<em class="tei tei-emph"><span style="font-style: italic">alterations and amendments</span></em>. Regarding it, then, in every point +of view, with a candid and disinterested mind, I am bold to assert, +that is the <em class="tei tei-emph"><span style="font-style: italic">best form of government which has ever been offered to +the world</span></em>.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Friend to the Constitution.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Baltimore, October 13, 1787.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page337">[pg 337]</span><a name="Pg337" id="Pg337" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc29" id="toc29"></a> +<a name="pdf30" id="pdf30"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">The Letters Of Luther Martin.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The Maryland Journal,<br /> +January-March, 1788. +</p> + +<span class="tei tei-pb" id="page339">[pg 339]</span><a name="Pg339" id="Pg339" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Luther Martin, afterwards nick-named the <span class="tei tei-q">“bull-dog of federalism,”</span> +was at this time the leading Anti-federalist in Maryland. +From his pen came the pamphlet entitled <span class="tei tei-hi"><span style="font-style: italic">Genuine Information +... Relative to the Proceedings of the General Convention</span></span>; and +when the <span class="tei tei-q">“Landholder,”</span> (see <span class="tei tei-hi"><span style="font-style: italic">Ante</span></span>, page 135), attacked Elbridge +Gerry, he began this series of articles in defense of that gentleman, +but eventually, by the replies, was compelled to continue +the series as a personal vindication. According to a letter of +Daniel Carrol, Daniel of St. Thomas Jenifer replied in the newspapers +to Martin, but I have not been able to identify this. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the <span class="tei tei-hi"><span style="font-style: italic">New York Journal</span></span> for June 17, 1788, is a comparison +of the constitution as agreed upon early in the convention, with +that finally framed, which was probably written by Martin. +</p> + +</div> + +<span class="tei tei-pb" id="page341">[pg 341]</span><a name="Pg341" id="Pg341" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Luther Martin, I.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 1004) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, January 18, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Mr. William Goddard</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Sir</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As the Publication under the Signature of the Connecticut +Landholder is circulating remote from the place of Mr. Gerry's +residence, and is calculated not only to injure the honourable +gentleman in his private character, but also to weaken the effect +of his opposition to the government proposed by the late convention, +and thereby promote the adoption of a System which I consider +destructive of the rights and liberties of the respective states +and of their citizens, I beg leave, through the channel of your +Paper, to declare to the Public that from the time I took my seat +in convention, which was early in June, until the fourth day of +September, when I left Philadelphia, I am satisfied I was not +ten minutes absent from convention while sitting (excepting only +five days in the beginning of August, immediately after the committee +of detail had reported, during which but little business was +done). That during my attendance I never heard Mr. Gerry or +any other member introduce a proposition for the redemption of +continental money according to its nominal or any other value, +nor did I ever hear that such a proposition had been offered to +consideration or had been thought of. I was intimate with Mr. +Gerry, and never heard him express, in private conversation or +otherwise, a wish for the redemption of continental money, or +assign the want of such a provision as a defect. Nor did I ever +<span class="tei tei-pb" id="page342">[pg 342]</span><a name="Pg342" id="Pg342" class="tei tei-anchor"></a> +hear in Convention, or anywhere else, such a motive of conduct +attributed to Mr. Gerry. I also declare to the Public that a considerable +time before I left the convention Mr. Gerry's opposition +to the System was warm and decided; that in a particular manner +he strenuously opposed that provision by which the power +and authority over the militia is taken away from the States and +given to the general government; that in the debate he declared +if that measure was adopted it would be the most convincing +proof that the destruction of the State governments and the introduction +of a king was designed, and that no declarations to +the contrary ought to be credited, since it was giving the states +the last coup de grace by taking from them the only means of +self preservation. The conduct of the advocates and framers of +this system towards the thirteen States, in pretending that it was +designed for their advantage, and gradually obtaining power after +power to the general government, which could not but end in +their slavery, he compared to the conduct of a number of jockeys +who had thirteen young colts to break; they begin with the appearance +of kindness, giving them a lock of hay, or a handful of +oats, and stroaking them while they eat, until being rendered sufficiently +gentle they suffer a halter to be put round their necks; +obtaining a further degree of their confidence, the jockeys slip a +curb bridle on their heads and the bit into their mouths, after +which the saddle follows of course, and well booted and spurred, +with good whips in their hands, they mount and ride them at +their pleasure, and although they may kick and flounce a little at +first, nor being able to get rid of their riders, they soon become +as tame and passive as their masters could wish them. In the +course of public debate in the convention Mr. Gerry applied to +the system of government, as then under discussion, the words of +Pope with respect to vice, <span class="tei tei-q">“that it was a monster of such horrid +mien, as to be hated need but to be seen.”</span> And some time before +I left Philadelphia, he in the same public manner declared in +convention that he should consider himself a traitor to his country +if he did not oppose the system there, and also when he left +the convention. These, sir, are facts which I do not fear being +contradicted by any member of the convention, and will, I apprehend, +<span class="tei tei-pb" id="page343">[pg 343]</span><a name="Pg343" id="Pg343" class="tei tei-anchor"></a> +satisfactorily shew that Mr. Gerry's opposition proceeded +from a conviction in his own mind that the government, if +adopted, would terminate in the destruction of the States and in +the introduction of a kingly government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am, sir, your very obedient servant, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Luther Martin</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Baltimore, January 13, 1788.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page344">[pg 344]</span><a name="Pg344" id="Pg344" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Luther Martin, II.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 1018) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, March 7, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Mr. Goddard</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Sir</span></span>, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In consequence of the justice I did Mr. Gerry, on a former occasion, +I find myself complimented with an Address in your last +Paper. Whether the Landholder of the Connecticut Courant, +and of the Maryland Journal,<a id="noteref_57" name="noteref_57" href="#note_57"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">57</span></span></a> +is the same person, or different, is +not very material; I however incline to the former opinion, as I +hope for the honour of human nature, it would be difficult to find +more than one individual who could be capable of so total a disregard +to the principles of truth and honour. After having made +the most unjust and illiberal attack on Mr. Gerry, and stigmatized +him as an enemy to his country, and the basest of mankind, +for no other reason than a firm and conscientious discharge of an +important trust reposed in that gentleman, had I not come in for +a share of his censure, I confess I should have been both disappointed +and mortified. It would have had at least the appearance, +that the Landholder had discovered something in my principles, +which he considered congenial with his own. However +great may be my political sins, to be cursed with his approbation +and applause, would be a punishment much beyond their +demerit. But, Sir, at present I mean to confine myself to the original +subject of controversy, the injustice of the charges made +against Mr. Gerry. That my veracity will not be questioned +<span class="tei tei-pb" id="page345">[pg 345]</span><a name="Pg345" id="Pg345" class="tei tei-anchor"></a> +when giving my negative to anonymous slander, I have the fullest +confidence. I have equal confidence that it will be as little +questioned by any who know me, even should the Landholder +vouchsafe to give the Public his name—a respectable name I am +sure it cannot be. His absolute want of truth and candour in +assertions meant to injure the reputation of individuals, whose +names are given to the public, and to hold them up to the indignation +of their fellow citizens, will ever justify this assertion, even +should the name belong to one decorated with wealth, or dignified +by station. But the Landholder wishes it to be supposed, +that though my veracity should not be doubted, yet my evidence +ought to be rejected, and observes, that to comprehend what +credit ought to be given to it, by which I suppose he means its +sufficiency if credited, it ought to be known how long I was absent +from Convention, as well as the time I attended. I believe +Sir, whoever will read my former publication will in a moment +perceive, that I there <span class="tei tei-q">“stated”</span> all the <span class="tei tei-q">“information”</span> on this +subject that was necessary or material, and that I left no defect +for the Landholder to supply. I there mentioned that <span class="tei tei-q">“I took +my seat early in June, that I left Philadelphia on the fourth of +September, and during that period was not absent from the convention +while sitting, except only five days in the beginning of +August, immediately after the Committee of Detail had reported.”</span> +I did not state the precise day of June when I took my seat—it +was the ninth, not the tenth—a very inconsiderable mistake of +the Landholder. But between that day and the fourth of September +he says that I was absent ten days at Baltimore, and as +many at New York, and thereby insinuates that an absence of +twenty days from the Convention intervened during that period, +in which time Mr. Gerry might have made and failed in his motion +concerning continental money. A short state of facts is all +that is necessary to shew the disingenuity of the Landholder, and +that it is very possible to convey a falsehood, or something very +much like it, almost in the words of truth. On the twenty-fifth +of July the Convention adjourned, to meet again on the sixth of +August. I embraced that opportunity to come to Baltimore, and +left Philadelphia on the twenty-seventh; I returned on the fourth +<span class="tei tei-pb" id="page346">[pg 346]</span><a name="Pg346" id="Pg346" class="tei tei-anchor"></a> +of August, and on the sixth attended the Convention, with such +members as were in town, at which time the Committee of Detail +made their report, and many of the members being yet absent, +we adjourned to the next day. Mr. Gerry left Philadelphia to go +to New York the day before I left there to come to Baltimore; +he had not returned on Tuesday, the seventh of August, when I +set out for New York, from whence I returned and took my seat +in Convention on Monday, the thirteenth. It is true that from +the twenty-fifth of July to the thirteenth of August eighteen (not +twenty) days had elapsed, but on one of those days I attended, +and on twelve of them the Convention did not meet. I was, +therefore, perfectly correct in my original statement that from +early in June to the fourth of September I was absent but five +days from the Convention while sitting, and in that statement +omitted no <span class="tei tei-q">“necessary information.”</span> It is also true that of those +eighteen days Mr. Gerry was absent twelve or thirteen, and that +one of those days when he was not absent was Sunday, on which +day the Convention did not meet. Thus, Sir, by relating facts as +they really occurred, we find the only time between early in June +and the fourth of September when such a motion could have been +made by Mr. Gerry without my being present is narrowed down +to four, or at most five days, as I originally stated it, although +Landholder wishes it should be supposed there were twenty days +during that period when it might have taken place without my +knowledge, to wit, ten while I was at Baltimore, and as many +more while at New York. The Landholder also states that the +Convention commenced the fourteenth day of May, and that I did +not take my seat till the tenth day of June, by which, if he means +anything, I presume he means to insinuate that within that portion +of time Mr. Gerry's motion might have been made and rejected. +He is here, Sir, equally unfortunate and disingenuous. Though +the Convention was to have met by appointment on the fourteenth +of May, yet no material business was entered upon till on +or about the thirtieth of that month. It was on that day that the +Convention, having had certain propositions laid before them by +the Honourable Governor of Virginia, resolved to go into a consideration +of these propositions. In this fact I am confident I am +<span class="tei tei-pb" id="page347">[pg 347]</span><a name="Pg347" id="Pg347" class="tei tei-anchor"></a> +not mistaken, as I state the day not merely from my own recollection +but from minutes which I believe to be very correct, in my +possession, of the information given by the Honourable Mr. McHenry +to the assembly. The truth is, Sir, that very little progress +had been made by the Convention before I arrived, and +that they had not been more than ten days, or about that time, +seriously engaged in business. The first thing I did after I took +my seat was carefully to examine the journals for information of +what had already been done or proposed. I was also furnished +with notes of the debates which had taken place, and can with +truth say that I made myself <span class="tei tei-q">“minutely informed”</span> of what had +happened before that period. In the same manner, after my return +from New York, I consulted the journals (for we were permitted +to read them, although we were not always permitted to +take copies). If the motion attributed to Mr. Gerry had been +made and rejected, either before I first took my seat or while at +New York, it would have there appeared, and that no such motion +was made and rejected during either of these periods I appeal +to the highest possible authority. I appeal to those very +journals, which ought to have been published, and which we are +informed are placed in the possession of our late Honourable +President. But why, Sir, should I appeal to these journals, or to +any other authority? Let the Landholder turn to his eighth number, +addressed to the Honourable Mr. Gerry; let him blush, unless +incapable of that sensation, while he reads the following passage: +<span class="tei tei-q">“Almost the whole time during the sitting of the Convention, and +until the Constitution had received its present form, no man was +more plausible and conciliating on every subject than Mr. Gerry,”</span> +&c. Thus stood Mr. Gerry, till towards the close of the business +he introduced a motion respecting the redemption of paper +money. The whole time of the sitting of the Convention was +not almost past. The Constitution had not received its present +form, nor was the business drawing towards a close, until long +after I took my seat in Convention. It is therefore proved by +the Landholder himself that Mr. Gerry did not make this motion +at any time before the ninth day of June. Nay more, in the +paper now before me he acknowledges that in his eighth number +<span class="tei tei-pb" id="page348">[pg 348]</span><a name="Pg348" id="Pg348" class="tei tei-anchor"></a> +he meant (and surely no one ought to know his meaning +better than himself) to fix Mr. Gerry's apostacy to a period +within the last thirteen days. Why then all this misrepresentation +of my absence at Baltimore and New York? Why the +attempt to induce a belief that the Convention had been engaged +in business from the fourteenth of May, and the insinuation that +it might have happened in those periods? And why the charge +that in not stating those facts I had withheld from the public information +necessary to its forming a right judgment of the credit +which ought to be given to my evidence. But, Sir, I am really at +a loss which most to admire—the depravity of this writer's heart, +or the weakness of his head. Is it possible he should not perceive +that the moment he fixes the time of Mr. Gerry's motion to +the last thirteen days of the Convention, he proves incontestably +the falsehood and malice of his charges against that gentleman—for +he has expressly stated that this motion and the rejection it +received was the cause, and the sole cause, of his apostacy; that +<span class="tei tei-q">“before, there was nothing in the system, as it now stands, to +which he had any objection, but that afterwards he was inspired +with the utmost rage and intemperate opposition to the whole +system he had formerly praised;”</span> whereas I have shown to the +clearest demonstration, that a considerable time before the last +thirteen days, Mr. Gerry had given the most decided opposition +to the system. I have shown this by recital of facts, which if credited, +incontestibly prove it—facts which, I again repeat, will never +be contradicted by any member of the Convention. I ground +this assertion upon the fullest conviction that it is impossible to +find a single person in that number so wicked, as publicly and deliberately +to prostitute his name in support of falsehood, and at the +same time so weak as to do this when he must be sure of detection. +But the Landholder is willing to have it supposed that Mr. +Gerry might have made the motion in a <span class="tei tei-q">“committee,”</span> and that +there it might have happened without my knowledge; to such +wretched subterfuges is he driven. This evasion, however, will +be equally unavailing. The business of the committees were not +of a secret nature, nor were they conducted in a secret manner; +I mean as to the members of the Convention. I am satisfied that +<span class="tei tei-pb" id="page349">[pg 349]</span><a name="Pg349" id="Pg349" class="tei tei-anchor"></a> +there was no committee while I was there, of whose proceedings +I was not at least <span class="tei tei-q">“so minutely informed,”</span> that an attempt of so +extraordinary a nature as that attributed to Mr. Gerry, and attended +with such an immediate and remarkable revolution in his +conduct, could not have taken place without my having heard +something concerning it. The non-adoption of a measure by a +committee did not preclude its being proposed to the Convention, +and being there adopted. Can it be presumed that a question in +which Mr. Gerry is represented to have been so deeply interested, +and by the fate of which his conduct was entirely influenced, +would for want of success in a committee have been totally relinquished +by him, without a single effort to carry it in Convention! +If any other proof is wanting, I appeal again to the Landholder +himself. In his eighth number he states that the motion +was rejected <span class="tei tei-q">“by the Convention.”</span> Let it be remembered also, +as I have before observed, in the paper now before me, he declares +it was his intention in that number to fix Mr. Gerry's apostacy +to a period within the last thirteen days; and in the same +number he observes that Mr. Gerry's resentment could only embarrass +and delay the completion of the business for a few days; +all which equally militate against every idea of the motion being +made before he left Philadelphia, whether in Committee or in +Convention. The Landholder hath also asserted, that I have +<span class="tei tei-q">“put into Mr. Gerry's mouth, objections different from any thing +his letter to the legislature of his State contains, so that if my representation +is true, his must be false.”</span> In this charge he is just +as well founded as in those I have already noticed. Mr. Gerry +has more than once published to the world, under the sanction of +his name, that he opposed the system from a firm persuasion that it +would endanger the liberties of America, and destroy the freedom +of the States and their citizens. Every word which I have stated +as coming from his mouth, so far from being inconsistent with +those declarations, are perfectly correspondent thereto and direct +proofs of their truth. When the Landholder informed us that +Mr. Gerry was <span class="tei tei-q">“face to face with his colleagues in the Convention +of Massachusetts,”</span> why did he not, unless he wished to mislead +the public, also inform us for what purpose he was there? +</p> + +<span class="tei tei-pb" id="page350">[pg 350]</span><a name="Pg350" id="Pg350" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That it was only to answer questions; that might be proposed to +him, not himself to ask questions that he could not consistently +interfere in any manner in the debates, and that he was even prohibited +an opportunity of explaining such parts of his conduct as +were censured in his presence? By the anonymous publication +alluded to by the Landholder, and inserted in the note, Mr. Gerry's +colleagues are not called upon to acquit him: it only declares +<span class="tei tei-q">“that he believes them to be men of too much honour to assert +that his reasons in Convention were totally different from those he +published;”</span> and in this I presume he was not disappointed for the +Landholder otherwise would have published it with triumph; but +if Mr. Gerry, as it is insinuated, was only prevented by pride, +from, in person, requesting them to acquit him, it amounts to a +proof of his consciousness that, as men of honour, they could not +have refused it, had he made the request. No person who views +the absurdities and inconsistencies of the Landholder, can I think, +have a very respectable opinion of his understanding, but I who +am not much prejudiced in his favour, could scarcely have conceived +him so superlatively weak as to expect to deceive the +public and obtain credit to himself by asking <span class="tei tei-q">“if charges against +Mr. Gerry are not true why do not his colleagues contradict +them?”</span> and <span class="tei tei-q">“why is it that we do not see Mr. McHenry's verification +of your assertions?”</span> If these Gentlemen were to do Mr. +Gerry that justice, he might as well inquire <span class="tei tei-q">“why is it we do not +also see the verification of A, B, C and D and so on to the last +letter of the Conventional alphabet.”</span> When the Landholder in +his eighth number addressed himself to Mr. Gerry he introduces +his charges by saying <span class="tei tei-q">“you doubtless will recollect the following +state of facts; if you do not every member of the Convention will +attest them.”</span> One member of the Convention has had firmness +sufficient to contradict them with his name, although he was well +apprised that he thereby exposed himself as a mark for the arrows +of his political adversaries, and as to some of them, he was +not unacquainted with what kind of men he had to deal. But of +all the members who composed that body, not one has yet stepped +forward to make good the Landholder's prediction; nor has one +been found to <span class="tei tei-q">“attest”</span> his statement of facts. Many reasons +<span class="tei tei-pb" id="page351">[pg 351]</span><a name="Pg351" id="Pg351" class="tei tei-anchor"></a> +may be assigned why the members of the Convention should not +think themselves under a moral obligations of involving themselves +in controversy by giving their names in vindication +of Mr. Gerry; and I do not believe any of those who +signed the proposed Constitution would consider themselves +bound to do this by any political obligation: But, Sir, I can hardly +suppose that Mr. Gerry is so perfectly esteemed and respected by +every person who had a seat in that body, that not a single individual +could possibly be procured to give his sanction to the +Landholder's charges, if it could be done with justice and as to +myself, I much question whether it would be easy to convince +any person, who was present at our information to the assembly,<a id="noteref_58" name="noteref_58" href="#note_58"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">58</span></span></a> +that every one of my honourable colleagues, (to each of whose +merit I cordially subscribe, though compelled to differ from them +in political sentiments) would be prevented by motives of personal +delicacy to myself, from contradicting the facts I have stated relative +to Mr. Gerry, if it could be done consistent with truth. If +the Landholder was a member of the Convention, to facilitate the +adoption of a favourite system, or to gratify his resentment against +its opposers, he has originally invented and is now labouring to +support, charges the most unjust and ungenerous, contrary to his +own knowledge of facts. If he was not a member, he is acting +the same part, without any knowledge of the subject, and in this +has the merit of either following his own invention, of dealing out +the information he receives from some person of whom he is the +wretched tool and dupe, at the same time expressing himself with +a decision, and making such professions of being perfectly in +every secret, as naturally tends, unless contradicted, to deceive +and delude the unsuspecting multitude. In one of these predicaments +the Landholder must stand, he is welcome to take his +choice, in either case he only wants to be known to be despised. +Now sir, let the Landholder come forward and give his name to +the public. It is the only thing necessary to finish his character, +and to convince the world that he is as dead to shame, as he is +<span class="tei tei-pb" id="page352">[pg 352]</span><a name="Pg352" id="Pg352" class="tei tei-anchor"></a> +lost to truth and destitute of honour. If I sir, can be instrumental +in procuring him to disclose himself; even in this I shall +consider myself as rendering a service to my country. I flatter +myself for the dignity of human kind, there are few such characters; +but there is no situation in life, in which they may not +prove the bane and curse of society; they therefore ought to be +known, that they may be guarded against. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am, sir, your very humble servant, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Luther Martin</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Baltimore, March 3, 1788.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page353">[pg 353]</span><a name="Pg353" id="Pg353" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Luther Martin, III.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 1021) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Tuesday, March 18, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Number I. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of Maryland.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To you my fellow citizens, I hold myself in a particular manner +accountable for every part of my conduct in the exercise of a +trust reposed in me by you, and should consider myself highly +culpable if I was to withhold from you any information in my +possession, the knowledge of which may be material to enable +you to form a right judgment on questions wherein the happiness +of yourselves and your posterity are involved. Nor shall I ever +consider it an act of condescention when impeached in my public +conduct, or character, to vindicate myself at your bar, and to submit +myself to your decision. In conformity to these sentiments, +which have regulated my conduct since my return from the Convention, +and which will be the rule of my actions in the sequel, I +shall at this time beg your indulgence, while I make some observations +on a publication which the Landholder has done me the +honour to address to me, in the Maryland Journal of the 29th of +February last. In my controversy with that writer, on the subject +of Mr. Gerry, I have already enabled you to decide, without difficulty, +on the credit which ought to be given to his most positive +assertions and should scarce think it worth my time to notice his +charges against myself, was it not for the opportunity it affords +me of stating certain facts and transactions, of which you ought +to be informed, some of which were undesignedly omitted by me +<span class="tei tei-pb" id="page354">[pg 354]</span><a name="Pg354" id="Pg354" class="tei tei-anchor"></a> +when I had the honour of being called before the House of Delegates. +No <span class="tei tei-q">“extreme modesty”</span> on my part was requisite to induce +me to conceal the <span class="tei tei-q">“sacrifice of resentments”</span> against Mr. +Gerry, since no such sacrifice had ever been made, nor had any +such resentments ever existed. The principal opposition in sentiment +between Mr. Gerry and myself, was on the subject of representation; +but even on that subject, he was much more conceding +than his colleagues, two of whom obstinately persisted in voting +against the equality of representation in the senate, when the +question was taken in Convention upon the adoption of the conciliatory +propositions, on the fate of which depended, I believe, +the continuance of the Convention. In many important questions +we perfectly harmonized in opinion, and where we differed, it +never was attended with warmth or animosity, nor did it in any +respect interfere with a friendly intercourse and interchange of attention +and civilities. We both opposed the extraordinary powers +over the militia, given to the general government. We were both +against the re-eligibility of the president. We both concurred in +the attempt to prevent members of each branch of the legislature +from being appointable to offices, and in many other instances, +although the Landholder, with his usual regard to +truth and his usual imposing effrontery, tells me, that I <span class="tei tei-q">“doubtless +must remember Mr. Gerry and myself never voted alike, +except in the instances”</span> he has mentioned. As little foundation +is there in his assertion, that I <span class="tei tei-q">“cautioned certain members +to be on their guard against his wiles, for that he and Mr. +Mason held private meetings, where the plans were concerted +to aggrandize, at the expence of the small States, old Massachusetts +and the ancient dominion.”</span> I need only state facts +to refute the assertion. Some time in the month of August, a +number of members who considered the system, as then under +consideration and likely to be adopted, extremely exceptionable, +and of a tendency to destroy the rights and liberties of the +United States, thought it advisable to meet together in the evenings, +in order to have a communication of sentiments, and to +concert a plan of conventional opposition to, and amendment of +that system, so as, if possible, to render it less dangerous. Mr. +<span class="tei tei-pb" id="page355">[pg 355]</span><a name="Pg355" id="Pg355" class="tei tei-anchor"></a> +Gerry was the first who proposed this measure to me, and that +before any meeting had taken place, and wished we might assemble +at my lodgings, but not having a room convenient, we fixed +upon another place. There Mr. Gerry and Mr. Mason did hold +meetings, but with them also met the Delegates from New Jersey +and Connecticut, a part of the Delegation from Delaware, an +honorable member from South Carolina, one other from Georgia, +and myself. These were the only <span class="tei tei-q">“private meetings”</span> that ever +I knew or heard to be held by Mr. Gerry and Mr. Mason, meetings +at which I myself attended until I left the Convention, and +of which the sole object was not to aggrandize the great at the +expense of the small, but to protect and preserve, if possible, the +existence and essential rights of all the states, and the liberty and +freedom of their citizens. Thus, my fellow citizens, I am obliged, +unless I could accept the compliment at an expence of truth +equal to the Landholder's, to give up all claim to being <span class="tei tei-q">“placed +beyond the reach of ordinary panegyrick,”</span> and to that <span class="tei tei-q">“magnanimity”</span> +which he was so solicitous to bestow upon me, that he has +wandered [into] the regions of falsehood to seek the occasion. +When we find such disregard of truth, even in the introduction, +while only on the threshold, we may form judgment what respect +is to be paid to the information he shall give us of what passed in +the Convention when he <span class="tei tei-q">“draws aside the veil,”</span> a veil which was +interposed between our proceedings and the Public, in my opinion, +for the most dangerous of purposes, and which was never designed +by the advocates of the system to be drawn aside, or if it +was, not till it should be too late for any beneficial purpose, +which as far as it is done, or pretended to be done, on the present +occasion, is only for the purpose of deception and misrepresentation. +It was on Saturday that I first took my seat. I obtained +that day a copy of the propositions that had been laid before the +Convention, and which were then the subject of discussion in a +committee of the whole. The Secretary was so polite as, at my +request, to wait upon me at the State House the next day (being +Sunday), and there gave me an opportunity of examining the +journals and making myself acquainted with the little that had +been done before my arrival. I was not a little surprised at the +<span class="tei tei-pb" id="page356">[pg 356]</span><a name="Pg356" id="Pg356" class="tei tei-anchor"></a> +system brought forward, and was solicitous to learn the reasons +which had been assigned in its support; for this purpose the +journals could be of no service; I therefore conversed on the subject +with different members of the Convention, and was favoured +with minutes of the debates which had taken place before my arrival. +I applied to history for what lights it could afford me, +and I procured everything the most valuable I could find in +Philadelphia on the subject of governments in general, and on +the American revolution and governments in particular. I devoted +my whole time and attention to the business in which +we were engaged, and made use of all the opportunities I +had, and abilities I possessed, conscientiously to decide what part +I ought to adopt in the discharge of that sacred duty I owed +to my country, in the exercise of the trust you had reposed in me. +I attended the Convention many days without taking any share +in the debates, listening in silence to the eloquence of others, and +offering no other proof that I possessed the powers of speech, +than giving my yea or nay when a question was taken, and notwithstanding +my propensity to <span class="tei tei-q">“endless garrulity,”</span> should have +been extremely happy if I could have continued that line of conduct, +without making a sacrifice of your rights and political happiness. +The committee of the whole house had made but small +progress, at the time I arrived, in the discussion of the propositions +which had been referred to them; they completed that discussion, +and made their report. The propositions of the minority +were then brought forward and rejected. The Convention +had resumed the report of the committee, and had employed +some days in its consideration. Thirty days, I believe, or more, +had elapsed from my taking my seat before in the language of the +Landholder, I <span class="tei tei-q">“opened in a speech which held during two days.”</span> +Such, my fellow citizens, is the true state of the conduct I pursued +when I took my seat in Convention, and which the Landholder, +to whom falsehood appears more familiar than truth, with +his usual effrontery, has misrepresented by a positive declaration, +that without obtaining or endeavouring to obtain any information +on the subject, I hastily and insolently obtruded my sentiments +on the Convention, and to the astonishment of every member +<span class="tei tei-pb" id="page357">[pg 357]</span><a name="Pg357" id="Pg357" class="tei tei-anchor"></a> +present, on the very day I took my seat, began a speech, +which continued two days, in opposition to those measures which, +on mature deliberation, had been adopted by the Convention. +But I <span class="tei tei-q">“alone advocated the political heresy, that the people ought +not to be trusted with the election of representatives.”</span> On this +subject, as I would wish to be on every other, my fellow citizens, +I have been perfectly explicit in the information I gave to the +House of Delegates, and which has since been published. In a +state government, I consider all power flowing immediately from +the people in their individual capacity, and that the people, in +their individual capacity, have, and ever ought to have the right +of choosing delegates in a state legislature, the business of which +is to make laws, regulating their concerns, as individuals, and +operating upon them as such; but in a federal government, formed +over free states, the power flows from the people, and the right of +choosing delegates belongs to them only mediately through their +respective state governments which are the members composing +the federal government, and from whom all its power immediately +proceeds; to which state governments, the choice of the federal +delegates immediately belongs. I should blush indeed for my +ignorance of the first elements of government, was I to entertain different +sentiments on the subject; and if this is <span class="tei tei-q">“political heresy,”</span> +I have no ambition to be ranked with those who are orthodox. +Let me here, my fellow citizens, by way of caution, add an observation, +which will prove to be founded in truth: those who are +the most liberal in complimenting you with powers which do not +belong to you, act commonly from improper and interested +motives, and most generally have in view thereby to prepare the +way for depriving you of those rights to which you are justly entitled. +Every thing that weakens and impairs the bands of legitimate +authority smooths the road of ambition; nor can there be +a surer method of supporting and preserving the just rights of +the people, than by supporting and protecting the just rights of +government. As to the <span class="tei tei-q">“jargon”</span> attributed to me of maintaining +that <span class="tei tei-q">“notwithstanding each state had an equal number of votes in +the senate, yet the states were unequally represented in the senate,”</span> +the Landholder has all the merit of its absurdity; nor can +<span class="tei tei-pb" id="page358">[pg 358]</span><a name="Pg358" id="Pg358" class="tei tei-anchor"></a> +I conceive what sentiment it is that I ever have expressed, to +which he, with his usual perversion and misrepresentation, could +give such a colouring. That I ever suggested the idea of letting +loose an army indiscriminately on the innocent and guilty, in a +state refusing to comply with the requisitions of Congress, or that +such an idea ever had place in my mind, is a falsehood so groundless, +so base and malignant, that it could only have originated or +been devised by a heart which would dishonour the midnight assassin. +My sentiments on this subject are well known; it was +only in the case where a state refused to comply with the requisitions +of Congress, that I was willing to grant the general government +those powers which the proposed constitution gives it in +every case.<a id="noteref_59" name="noteref_59" href="#note_59"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">59</span></span></a> +Had I been a greater friend to a standing army, +and not quite so averse to expose your liberties to a soldiery, I +do not believe the Landholder would have chose me for the object +on whom to expend his artillery of falsehood. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That a system may enable government wantonly to exercise +power over the militia, to call out an unreasonable number from +any particular state without its permission, and to march them +upon, and continue them in, remote and improper services; that +the same system should enable the government totally to discard, +render useless, and even disarm, the militia, when it would remove +them out of the way of opposing its ambitious views, is by no +means inconsistent, and is really the case in the proposed constitution. +In both these respects it is, in my opinion, highly faulty, +and ought to be amended. In the proposed system the general +government has a power not only without the consent, but contrary +to the will of the state government, to call out the whole of +<span class="tei tei-pb" id="page359">[pg 359]</span><a name="Pg359" id="Pg359" class="tei tei-anchor"></a> +its militia, without regard to religious scruples, or any other consideration, +and to continue them in service as long as it pleases, +thereby subjecting the freemen of a whole state to martial law and +reducing them to the situation of slaves. It has also, by another +clause, the powers by which only the militia can be organized and +armed, and by the neglect of which they may be rendered utterly +useless and insignificant, when it suits the ambitious purposes of +government. Nor is the suggestion unreasonable, even if it had +been made, that the government might improperly oppress and +harass the militia, the better to reconcile them to the idea of regular +troops, who might relieve them from the burthen, and to render +them less opposed to the measures it might be disposed to adopt +for the purpose of reducing them to that state of insignificancy and +uselessness. When the Landholder declared that <span class="tei tei-q">“I contended +the powers and authorities of the new constitution must destroy +the liberties of the people,”</span> he for once stumbled on the truth, +but even this he could not avoid coupling with an assertion +utterly false. I never suggested that <span class="tei tei-q">“the same powers could be +safely entrusted to the old Congress;”</span> on the contrary, I opposed +many of the powers as being of that nature that, in my opinion, +they could not be entrusted to any government whatever consistent +with the freedom of the states and their citizens, and I +earnestly recommended, what I wish my fellow citizens deeply +to impress on your minds, that in altering or amending our federal +government no greater powers ought to be given than experience +has shown to be necessary, since it will be easy to delegate +further power when time shall dictate the expediency or necessity, +but powers once bestowed upon a government, should they +be found ever so dangerous or destructive to freedom, cannot be +resumed or wrested from government but by another revolution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Luther Martin.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Baltimore, March 14, 1788.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page360">[pg 360]</span><a name="Pg360" id="Pg360" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Luther Martin, IV.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 1022) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, March 21, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Number II. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of Maryland.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the recognition which the Landholder professes to make +<span class="tei tei-q">“of what occurred to my advantage,”</span> he equally deals in the arts +of misrepresentation, as while he was <span class="tei tei-q">“only the record of the +bad,”</span> and I am equally obliged from a regard to truth to disclaim +his pretended approbation as his avowed censure. He declares +that I originated the clause which enacts that <span class="tei tei-q">“this Constitution +and the laws of the United States, which shall be made in pursuance +thereof, and all treaties made, or which shall be made, under +the authority of the United States, shall be the supreme law of +the land, and the judges in every state shall be bound thereby, +any thing in the Constitution or the laws of any state to the contrary +notwithstanding.”</span> To place this matter in a proper point +of view, it will be necessary to state, that as the propositions were +reported by the committee of the whole house, a power was given +to the general government to negative the laws passed by the +state legislatures, a power which I considered as totally inadmissible; +in substitution of this I proposed the following clause, +which you will find very materially different from the clause +adopted by the Constitution, <span class="tei tei-q">“that the legislative acts of the +United States, made by virtue and in pursuance of the articles of +the union, and all treaties made and ratified under the authority +<span class="tei tei-pb" id="page361">[pg 361]</span><a name="Pg361" id="Pg361" class="tei tei-anchor"></a> +of the United States, shall be the supreme law of the respective +states, so far as those acts or treaties shall relate to the said states +or their citizens, and that the judiciaries of the several states shall +be bound thereby in their decisions, any thing in the respective +laws of the individual states to the contrary notwithstanding.”</span> +When this clause was introduced, it was not established that inferior +continental courts should be appointed for trial of all questions +arising on treaties and on the laws of the general government, +and it was my wish and hope that every question of that +kind would have been determined in the first instance in the +courts of the respective states; had this been the case, the propriety +and the necessity that treaties duly made and ratified, and +the laws of the general government, should be binding on the +state judiciaries which were to decide upon them, must be evident +to every capacity, while at the same time, if such treaties or +laws were inconsistent with our constitution and bill of rights, +the judiciaries of this state would be bound to reject the first and +abide by the last, since in the form I introduced the clause, notwithstanding +treaties and the laws of the general government +were intended to be superior to the laws of our state government, +where they should be opposed to each other, yet that they were +not proposed nor meant to be superior to our constitution and +bill of rights. It was afterwards altered and amended (if it can +be called an amendment) to the form in which it stands in the +system now published, and as inferior continental, and not state +courts, are originally to decide on those questions, it is now +worse than useless, for being so altered as to render the treaties +and laws made under the general government superior to our +constitution, if the system is adopted it will amount to a total and +unconditional surrender to that government, by the citizens of +this state, of every right and privilege secured to them by our +constitution, and an express compact and stipulation with the +general government that it may, at its discretion, make laws in +direct violation of those rights. But on this subject I shall enlarge +in a future number. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That I <span class="tei tei-q">“voted an appeal should lay to the supreme judiciary +of the United States, for the correction of all errors both in law +<span class="tei tei-pb" id="page362">[pg 362]</span><a name="Pg362" id="Pg362" class="tei tei-anchor"></a> +and fact,”</span> in rendering judgment is most true, and it is equally +true that if it had been so ordained by the Constitution, the supreme +judiciary would only have had an appellate jurisdiction, of +the same nature with that possessed by our high court of appeals, +and could not in any respect intermeddle with any fact decided by +a jury; but as the clause now stands, an appeal being given in general +terms from the inferior courts, both as to law and fact, it not +only doth, but is avowedly intended, to give a power very different +from what our court of appeals, or any court of appeals in the +United States or in England enjoys, a power of the most dangerous +and alarming nature, that of setting at nought the verdict of +a jury, and having the same facts which they had determined, +without any regard or respect to their determination, examined +and ultimately decided by the judges themselves, and that by +judges immediately appointed by the government. But the Landholder +also says that <span class="tei tei-q">“I agreed to the clause that declares nine +states to be sufficient to put the government in motion.”</span> I cannot +take to myself the merit even of this without too great a sacrifice +of truth. It was proposed that if seven states agreed that +should be sufficient; by a rule of Convention in filling up blanks, +if different numbers were mentioned, the question was always +to be taken on the highest. It was my opinion, that to agree +upon a ratification of the constitution by any less number than +the whole thirteen states, is so directly repugnant to our present +articles of confederation, and the mode therein prescribed +for their alteration, and such a violation of the compact which +the states, in the most solemn manner, have entered into with +each other, that those who could advocate a contrary proposition, +ought never to be confided in, and entrusted in public +life. I availed myself of this rule, and had the question taken +on thirteen, which was rejected. Twelve, eleven, ten and nine +were proposed in succession; the last was adopted by a majority +of the members. I voted successively for each of these members, +to prevent a less number being agreed on. Had nine not been +adopted, I should on the same principle have voted for eight. +But so far was I from giving my approbation that the assent of +a less number of states than thirteen should be sufficient to put +<span class="tei tei-pb" id="page363">[pg 363]</span><a name="Pg363" id="Pg363" class="tei tei-anchor"></a> +the government in motion, that I most explicitly expressed my +sentiments to the contrary, and always intended, had I been present +when the ultimate vote was taken on the constitution, to have +given it my decided negative, accompanied with a solemn protest +against it, assigning this reason among others for my dissent. +Thus, my fellow citizens, that candour with which I have conducted +myself through the whole of this business obliges me, +however reluctantly, and however <span class="tei tei-q">“mortifying it may be to my +vanity,”</span> to disavow all <span class="tei tei-q">“those greater positive virtues”</span> which the +Landholder has so obligingly attributed to me in Convention, and +which he was so desirous of conferring upon me as to consider the +guilt of misrepresentation and falsehood but a trifling sacrifice for +that purpose, and to increase my mortification, you will find I am +equally compelled to yield up every pretence even to those of a +negative nature, which a regard to justice has, as he says, obliged +him not to omit. These consist, as he tells us, in giving my +entire approbation to the system as to those parts which are +said to endanger a trial by jury, and as to its want of a bill of +rights, and in having too much candour there to signify that I +thought it deficient in either of these respects. But how, I pray, +can the Landholder be certain that I deserve this encomium? Is +it not possible, as I so frequently exhausted the politeness of the +Convention, that some of those marks of fatigue and disgust, with +which he intimates I was mortified as oft as I attempted to speak, +might at that time have taken place, and have been of such a +nature as to attract his attention; or, perhaps, as the Convention +was prepared to slumber whenever I rose, the Landholder, among +others, might have sunk into sleep, and at that very moment +might have been feasting his imagination with the completion of +his ambitious views, and dreams of future greatness. But supposing +I never did declare in Convention that I thought the system +defective in those essential points, will it amount to a positive +proof that I approved the system in those respects, or that I culpably +neglected an indispensable duty? Is it not possible, whatever +might have been my insolence and assurance when I first +took my seat, and however fond I might be at that time of obtruding +my sentiments, that the many rebuffs with which I met, +<span class="tei tei-pb" id="page364">[pg 364]</span><a name="Pg364" id="Pg364" class="tei tei-anchor"></a> +the repeated mortifications I experienced, the marks of fatigue +and disgust with which my eyes were sure to be assailed wherever +I turned them—one gaping here, another yawning there, a third +slumbering in this place, and a fourth snoring in that—might so +effectually have put to flight all my original arrogance, that, as +we are apt to run into extremes, having at length become convinced +of my comparative nothingness, in so august an assembly +and one in which the science of government was so perfectly understood, +I might sink into such a state of modesty and diffidence +as not to be able to muster up resolution enough to break +the seal of silence and open my lips even after the rays of light +had begun to penetrate my understanding, and in some measure +to chase away those clouds of error and ignorance in which it +was enveloped on my first arrival? Perhaps had I been treated +with a more forbearing indulgence while committing those memorable +blunders, for a want of a sufficient knowledge in the +science of government, I might, after the rays of light had illuminated +my mind, have rendered my country much more important +services, and not only assisted in raising some of the pillars, but +have furnished the edifice with a new roof of my own construction, +rather better calculated for the convenience and security of +those who might wish to take shelter beneath it, than that which +it at present enjoys. Or even admitting I was not mortified, as I +certainly ought to have been, from the Landholder's account of +the matter, into a total loss of speech, was it in me, who considered +the system, for a variety of reasons, absolutely inconsistent +with your political welfare and happiness, a culpable neglect of +duty in not endeavouring, and that against every chance of success, +to remove one or two defects, when I had before ineffectually +endeavoured to clear it of the others, which therefore, I knew +must remain? But to be serious, as to what relates to the appellate +jurisdiction in the extent given by the system proposed, I am +positive there were objections made to it, and as far as my memory +will serve me, I think I was in the number of those who +actually objected; but I am sure that the objections met with my +approbation. With respect to a bill of rights, had the government +been formed upon principles truly federal, as I wished it, +<span class="tei tei-pb" id="page365">[pg 365]</span><a name="Pg365" id="Pg365" class="tei tei-anchor"></a> +legislating over and acting upon the states only in their collective +or political capacity, and not on individuals, there would have +been no need of a bill of rights, as far as related to the rights of +individuals, but only as to the rights of states. But the proposed +constitution being intended and empowered to act not only on +states, but also immediately on individuals, it renders a recognition +and a stipulation in favour of the rights both of states and +of men, not only proper, but in my opinion absolutely necessary. +I endeavoured to obtain a restraint on the powers of the general +government, as to standing armies, but it was rejected. It +was my wish that the general government should not have the +power of suspending the privilege of the writ of habeas corpus, as +it appears to me altogether unnecessary, and that the power +given to it may and will be used as a dangerous engine of oppression, +but I could not succeed. An honorable member from +South Carolina most anxiously sought to have a clause inserted +securing the liberty of the Press, and repeatedly brought this subject +before the Convention, but could not obtain it. I am almost +positive he made the same attempt to have a stipulation in favour +of liberty of conscience, but in vain. The more the system advanced +the more was I impressed with the necessity of not +merely attempting to secure a few rights, but of digesting and +forming a complete bill of rights, including those of states and of +individuals, which should be assented to, and prefixed to the Constitution, +to serve as a barrier between the general government +and the respective states and their citizens; because the more the +system advanced the more clearly it appeared to me that the +framers of it did not consider that either states or men had any +rights at all, or that they meant to secure the enjoyment of any to +either the one or the other; accordingly, I devoted a part of my +time to the actually preparing and draughting such a bill of +rights, and had it in readiness before I left the Convention, to have +laid it before a committee. I conversed with several members on +the subject; they agreed with me on the propriety of the measure, +but at the same time expressed their sentiments that it would +be impossible to procure its adoption if attempted. A very few +days before I left the Convention, I shewed to an honorable member +<span class="tei tei-pb" id="page366">[pg 366]</span><a name="Pg366" id="Pg366" class="tei tei-anchor"></a> +sitting by me a proposition, which I then had in my hand, +couched in the following words: <span class="tei tei-q">“Resolved that a committee +be appointed to prepare and report a bill of rights, to be prefixed +to the proposed Constitution,”</span> and I then would instantly have +moved for the appointment of a committee for that purpose, if he +would have agreed to second the motion, to do which he hesitated, +not as I understand from any objection to the measure, but +from a conviction in his own mind that the motion would be in +vain. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus my fellow citizens, you see that so far from having no +objections to the system on this account, while I was at Convention, +I not only then thought a bill of rights necessary, but I +took some pains to have the subject brought forward, which +would have been done, had it not been for the difficulties I have +stated. At the same time I declare that when I drew up the motion, +and was about to have proposed it to the Convention, I had +not the most distant hope it would meet with success. The rejection +of the clauses attempted in favour of particular rights, and +to check and restrain the dangerous and exorbitant powers of the +general government from being abused, had sufficiently taught me +what to expect. And from the best judgment I could form while +in Convention, I then was, and yet remained, decidedly of the +opinion that ambition and interest had so far blinded the understanding +of some of the principal framers of the Constitution, that +while they were labouring to erect a fabrick by which they themselves +might be exalted and benefited, they were rendered insensible +to the sacrifice of the freedom and happiness of the states and +their citizens, which must, inevitably be the consequence. I most +sacredly believe their object is the total abolition and destruction +of all state governments, and the erection on their ruins of one +great and extensive empire, calculated to aggrandize and elevate +its rulers and chief officers far above the common herd of mankind, +to enrich them with wealth, and to encircle them with honours and +glory, and which according to my judgment on the maturest reflection, +must inevitably be attended with the most humiliating +and abject slavery of their fellow citizens, by the sweat of whose +brows, and by the toil of whose bodies, it can only be effected. +</p> + +<span class="tei tei-pb" id="page367">[pg 367]</span><a name="Pg367" id="Pg367" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And so anxious were its zealous promoters to hasten to a birth +this misshapened heterogenous monster of ambition and interest, +that, for some time before the Convention rose, upon the least attempt +to alter its form, or modify its powers, the most fretful impatience +was shown, such as would not have done much honour to +a State Assembly, had they been sitting as long a time, and their +treasury empty; while it was repeatedly urged on the contrary, +but urged in vain, that in so momentous an undertaking, in forming +a system for such an extensive continent, on which the political +happiness of so many millions, even to the latest ages, may +depend, no time could be too long—no thoughts and reflections +too great—and that if by continuing six months, or even as many +years, we could free the system from all its errors and defects, it +would be the best use to which we could possibly devote our +time. Thus my fellow citizens am I under necessity of resigning +again into the hands of the Landholder, all those virtues both of +a positive and negative kind, which from an excess of goodness +he bestowed upon me, and give him my full permission to dispose +of them hereafter in favour of some other person, who may be +more deserving, and to whom they will be more acceptable: at +the same time, I must frankly acknowledge, however it may operate +as a proof of my dullness and stupidity, that the <span class="tei tei-q">“ignorance +in the science of government”</span> under which I laboured at first +was not removed by more than two months close application under +those august and enlightened masters of the science with +which the Convention abounded, nor was I able to discover during +that time, either by my own researches, or by any light borrowed +from those luminaries, anything in the history of mankind +or in the sentiments of those who have favoured the world with +their ideas on government, to warrant or countenance the motley +mixture of a system proposed: a system which is an innovation +in government of the most extraordinary kind; a system neither +wholly federal, nor wholly national—but a strange hotch-potch of +both—just so much federal in appearance as to give its advocates +in some measure, an opportunity of passing it as such upon the +unsuspecting multitude, before they had time and opportunity to +examine it, and yet so predominantly national as to put it in the +<span class="tei tei-pb" id="page368">[pg 368]</span><a name="Pg368" id="Pg368" class="tei tei-anchor"></a> +power of its movers, whenever the machine shall be set agoing, +to strike out every part that has the appearance of being federal, +and to render it wholly and entirely a national government: +And if the framing and approving the Constitution now offered +to our acceptance, is a proof of knowledge in the science of government, +I not only admit, but I glory in my ignorance; and if +my rising to speak had such a somnific influence on the Convention +as the Landholder represents, I have no doubt the time will +come, should this system be adopted, when my countrymen will +ardently wish I had never left the Convention, but remained there +to the last, daily administering to my associates the salutary +opiate. Happy, thrice happy, would it have been for my country, +if the whole of that time had been devoted to sleep, or been a +blank in our lives, rather than employed in forging its chains. +As I fully intended to have returned to the Convention before +the completion of its business, my colleagues very probably +might, and were certainly well warranted to, give that information +the Landholder mentions; but whether the Convention was +led to conclude that I <span class="tei tei-q">“would have honoured the Constitution +with my signature had not indispensable business called me +away,”</span> may be easily determined after stating a few facts. The +Landholder admits I was at first against the system—when the +compromise took place on the subject of representation, I in the +most explicit manner declared in Convention, that though I had +concurred in the report, so far as to consent to proceed upon it that +we might see what kind of a system might be formed, yet I disclaimed +every idea of being bound to give it my assent, but reserved +to myself the full liberty of finally giving it my negative, if +it appeared to me inconsistent with the happiness of my country. +In a desultory conversation which long after took place in Convention, +one morning before our honourable president took the +chair, he was observing how unhappy it would be should there +be such a diversity of sentiment as to cause any of the members +to oppose the system when they returned to their states; on +that occasion I replied that I was confident no state in the union +would more readily accede to a proper system of government +than Maryland, but that the system under consideration was of +<span class="tei tei-pb" id="page369">[pg 369]</span><a name="Pg369" id="Pg369" class="tei tei-anchor"></a> +such a nature, that I never could recommend it for acceptance; +that I thought the state never ought to adopt it, and expressed +my firm belief that it never would. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An honourable member from Pennsylvania objected against +that part of the sixth article which requires an oath to be taken +by the persons there mentioned, in support of the constitution, +observing (as he justly might from the conduct the convention +was then pursuing) how little such oaths were regarded. I +immediately joined in the objection, but declared my reason to be, +that I thought it such a constitution as no friend of his country +ought to bind himself to support. And not more than two days +before I left Philadelphia, another honourable member from the +same state urged most strenuously that the Convention ought to +hasten their deliberations to a conclusion, assigning as a reason +that the Assembly of Pennsylvania was just then about to meet, +and that it would be of the greatest importance to bring the system +before that session of the legislature, in order that a Convention +of the State might be immediately called to ratify it, before +the enemies of the system should have an opportunity of making +the people acquainted with their objections, at the same time declaring +that if the matter should be delayed and the people have +time to hear the variety of objections which would be made to it +by its opposers, he thought it doubtful whether that state or any +other state in the union would adopt it.<a id="noteref_60" name="noteref_60" href="#note_60"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">60</span></span></a> As soon as the honourable +member took his seat, I rose and observed, that I was +precisely of the same opinion, that the people of America never +would, nor did I think they ought to, adopt the system, if they +had time to consider and understand it; whereas a proneness for +novelty and change—a conviction that some alteration was necessary, +and a confidence in the members who composed the Convention—might +possibly procure its adoption, if brought hastily +before them, but that these sentiments induced me to wish that a +very different line of conduct should be pursued from that recommended +by the honourable member. I wished the people to have +<span class="tei tei-pb" id="page370">[pg 370]</span><a name="Pg370" id="Pg370" class="tei tei-anchor"></a> +every opportunity of information, as I thought it much preferable +that a bad system should be rejected at first, than hastily adopted +and afterwards be unavailingly repented of. If these were instances +of my <span class="tei tei-q">“high approbation,”</span> I gave them in abundance as all the +Convention can testify, and continued so to do till I left them. +That I expressed great regret at being obliged to leave Philadelphia, +and a fixed determination to return if possible before the +Convention rose, is certain. That I might declare that I had +rather lose an hundred guineas than not to be there at the close +of the business is very probable—and it is possible that some who +heard me say this, not knowing my reasons, which could not be +expressed without a breach of that secrecy to which we were enjoined, +might erroneously have concluded that my motive was +the gratification of vanity, in having my name enrolled with those +of a Franklin and a Washington. As to the first, I cordially join +in the tribute of praise so justly paid to the enlightened philosopher +and statesman, while the polite, friendly and affectionate +treatment myself and my family received from that venerable +sage and the worthy family in which he is embosomed, will ever +endear him to my heart. The name of Washington is far above +my praise. I would to Heaven that on this occasion one +more wreath had been added to the number of those which +are twined around his amiable brow—that those with which it is +already surrounded may flourish with immortal verdure, nor +wither or fade till time shall be no more, is my fervent prayer, and +may that glory which encircles his head ever shine with undiminished +rays. To find myself under the necessity of opposing such +illustrious characters, whom I venerated and loved, filled me with +regret; but viewing the system in the light I then did, and yet +do view it, to have hesitated would have been criminal; complaisance +would have been guilt. If it was the idea of my state that +whatever a Washington or Franklin approved, was to be blindly +adopted, she ought to have spared herself the expence of sending +any members to the Convention, or to have instructed them implicitly +to follow where they led the way. It was not to have my +<span class="tei tei-q">“name enrolled with the other labourers,”</span> that I wished to return +to Philadelphia—that sacrifice which I must have made of my +<span class="tei tei-pb" id="page371">[pg 371]</span><a name="Pg371" id="Pg371" class="tei tei-anchor"></a> +principles by putting my name to the Constitution, could not +have been effaced by any derivative lustre it could possibly receive +from the bright constellation with which it would have +been surrounded. My object was in truth the very reverse; as I +had uniformly opposed the system in its progress, I wished to +have been present at the conclusion, to have then given it my solemn +negative, which I certainly should have done, even had I stood +single and alone, being perfectly willing to leave it to the cool and +impartial investigation both of the present and of future ages to decide +who best understood the science of government—who best +knew the rights of men and of states, who best consulted the +true interest of America, and who most faithfully discharged +the trust reposed in them, those who agreed to or those who +opposed the new Constitution—and so fully have I made up +my own mind on this subject, that as long as the history of mankind +shall record the appointment of the late Convention, and the +system which has been proposed by them, it is my highest ambition +that my name may also be recorded as one who considered +the system injurious to my country, and as such opposed it. +Having shown that I did not <span class="tei tei-q">“alter my opinion after I left Philadelphia,”</span> +and that I acted no <span class="tei tei-q">“contradictory parts on the great +political stage,”</span> and therefore that there are none such to reconcile, +the reason assigned by the Landholder for that purpose doth +not deserve my notice, except only to observe that he shrewdly +intimates there is already a Junto established, who are to share in +and deal out the offices of this new government at their will and +pleasure, and that they have already fixed upon the character who +is to be <span class="tei tei-q">“Deputy Attorney General of the United States for the +State of Maryland.”</span> If this is true, it is worth while to inquire of +whom this Junto consists, as it might lead to a discovery of the +persons for the gratification of whose ambition and interest this +system is prepared, and is, if possible, to be enforced, and from +the disposition of offices already allotted in the various and numerous +departments, we possibly might discover whence proceeds +the conviction and zeal of some of its advocates. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Luther Martin.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Baltimore, March 19, 1788.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page372">[pg 372]</span><a name="Pg372" id="Pg372" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Luther Martin, V.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 1024) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, March 28, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Number III. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of Maryland.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is, my fellow citizens, scarcely an individual of common +understanding, I believe, in this state, who is any ways acquainted +with the proposed Constitution, who doth not allow it to be, in +many instances, extremely censurable, and that a variety of alterations +and amendments are essentially requisite, to render it consistent +with a reasonable security for the liberty of the respective +states, and their citizens. Aristides,<a id="noteref_61" name="noteref_61" href="#note_61"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">61</span></span></a> +it is true, is an exception +from this observation; he declares, that <span class="tei tei-q">“if the whole matter was +left to his discretion, he would not change any part of the proposed +Constitution,”</span> whether he meant this declaration as a proof +of his discretion, I will not say; it will however, readily be admitted, +by most, as a proof of his enthusiastic zeal in favour of the +system. But it would be injustice to that writer not to observe, +that if he is as much mistaken in the other parts of the Constitution, +as in that which relates to the judicial department, the Constitution +which he is so earnestly recommending to his countrymen, +and on which he is lavishing so liberally his commendations, +is a thing of his own creation and totally different from that +which is offered for your acceptance.—He has given us an +<span class="tei tei-pb" id="page373">[pg 373]</span><a name="Pg373" id="Pg373" class="tei tei-anchor"></a> +explanation of the original and appellate jurisdiction of the judiciary +of the general government, and of the manner in which he +supposes it is to operate—an explanation so inconsistent with the +intention of its framers, and so different from its true construction +and from the effect which it will have, should the system be +adopted, that I could scarce restrain my astonishment at the error, +although I was in some measure prepared for it, by his previous +acknowledgment that he did not very well understand that +part of the system; a circumstance I apprehended he did not recollect +at the time when he was bestowing upon it his dying benediction. +And if one of our judges, possessed of no common +share of understanding, and of extensive acquired knowledge, who, +as he informs us, has long made the science of government his +peculiar study, so little understands the true import and construction +of this Constitution, and that too in a part more particularly +within his own province, can it be wondered at that the people +in general, whose knowledge in subjects of this nature is much +more limited and circumscribed, should but imperfectly comprehend +the extent, operation and consequences of so complex and +intricate a system; and is not this of itself a strong proof of the +necessity that it should be corrected and amended, at least so as +to render it more clear and comprehensible to those who are to +decide upon it, or to be affected by it. But although almost +every one agrees the Constitution, as it is, to be both defective +and dangerous, we are not wanting in characters who earnestly +advise us to adopt it, in its present form, with all its faults, and +assure us we may safely rely on obtaining hereafter the amendments +that are necessary. But why, I pray you, my fellow citizens, +should we not insist upon the necessary amendments being +made now, while we have the liberty of acting for ourselves, before +the Constitution becomes binding upon us by our assent, as +every principle of reason, common sense and safety would dictate? +Because, say they, the sentiments of men are so different, +and the interests of the different states are so jarring and dissonant, +that there is no probability they would agree if alterations and +amendments were attempted. Thus with one breath they tell us +that the obstacles to any alterations and amendments being agreed +<span class="tei tei-pb" id="page374">[pg 374]</span><a name="Pg374" id="Pg374" class="tei tei-anchor"></a> +to by the states are so insuperable, that it is vain to make the experiment, +while in the next they would persuade us it is so certain +the states will accede to those which shall be necessary, and that +they may be procured even after the system shall be ratified, that +we need not hesitate swallowing the poison, from the ease and security +of instantly obtaining the antidote—and they seem to think +it astonishing that any person should find a difficulty in reconciling +the absurdity and contradiction. If it is easy to obtain proper +amendments, do not let us sacrifice everything that ought to be +dear to freemen, for want of insisting upon its being done, while we +have the power. If the obtaining them will be difficult and improbable, +for God's sake do not accept of such a form of government +as without amendments cannot fail of rendering you mere +beasts of burthen, and reducing you to a level with your own slaves, +with this aggravating distinction, that you once tasted the blessings +of freedom. Those who would wish you to believe that the faults +in the system proposed are wholly or principally owing to the +difference of state interests, and proceed from that cause, are +either imposed upon themselves, or mean to impose upon you. +The principal questions, in which the state interests had any +material effect, were those which related to representation, and +the number in each branch of the legislature, whose concurrence +should be necessary for passing navigation acts, or making commercial +regulations. But what state is there in the union whose +interest would prompt it to give the general government the extensive +and unlimited powers it possesses in the executive, legislative +and judicial departments, together with the powers over the +militia, and the liberty of establishing a standing army without +any restriction? What state in the union considers it advantageous +to its interest that the President should be re-eligible—the +members of both houses appointable to offices—the judges +capable of holding other offices at the will and pleasure of the +government, and that there should be no real responsibility either +in the President or in the members of either branch of the Legislature? +Or what state is there that would have been averse to a +bill of rights, or that would have wished for the destruction of +jury trial in a great variety of cases, and in a particular manner in +<span class="tei tei-pb" id="page375">[pg 375]</span><a name="Pg375" id="Pg375" class="tei tei-anchor"></a> +every case without exception where the government itself is interested? +These parts of the system, so far from promoting the +interest of any state, or states, have an immediate tendency to +annihilate all the state governments indiscriminately, and to subvert +their rights and the rights of their citizens. To oppose +these, and to procure their alteration, is equally the interest +of every state in the union. The introduction of these parts +of the system must not be attributed to the jarring interests +of states, but to a very different source, the pride, the ambition +and the interest of individuals. This being the case, we may +be enabled to form some judgment of the probability of obtaining +a safe and proper system, should we have firmness and wisdom +to reject that which is now offered; and also of the great +improbability of procuring any amendments to the present system, +if we should weakly and inconsiderately adopt it. The bold +and daring attempt that has been made to use, for the total annihilation +of the states, that power that was delegated for their +preservation, will put the different states on their guard. The +votaries of ambition and interest being totally defeated in their +attempt to establish themselves on the ruins of the States, which +they will be if this Constitution is rejected, an attempt in which +they had more probability of success from the total want of suspicion +in their countrymen than they can have hereafter, they +will not hazard a second attempt of the same nature, in which +they will have much less chance of success; besides, being once +discovered they will not be confided in. The true interest and +happiness of the states and their citizens will, therefore, most +probably be the object which will be principally sought for by a +second Convention, should a second be appointed, which if really +aimed at, I cannot think very difficult to accomplish, by giving to +the federal government sufficient power for every salutary purpose, +while the rights of the states and their citizens should be secure +from any imminent danger. But if the arts and influence of ambitious +and interested men, even in their present situation, while +more on a level with yourselves, and unarmed with any extraordinary +powers, should procure you to adopt this system, dangerous +as it is admitted to be to your rights, I will appeal to the understanding +<span class="tei tei-pb" id="page376">[pg 376]</span><a name="Pg376" id="Pg376" class="tei tei-anchor"></a> +of every one of you, who will on this occasion give +his reason fair play, whether there is not every cause to believe +they will, should this government be adopted, with that additional +power, consequence and influence it will give them, most +easily prevent the necessary alterations which might be wished +for, the purpose of which would be directly opposite to their +views, and defeat every attempt to procure them. Be assured, +whatever obstacles or difficulties may be at this time in the way +of obtaining a proper system of government, they will be increased +an hundred fold after this system is adopted. Reflect +also, I entreat you, my fellow citizens, that the alterations and +amendments which are wanted in the present system are of such +a nature as to diminish and lessen, to check and restrain the +powers of the general government, not to increase and enlarge +those powers. If they were of the last kind, we might safely adopt +it, and trust to giving greater powers hereafter, like a physician +who administers an emetic ex re nata, giving a moderate dose at +first, and increasing it afterwards as the constitution of the patient +may require. But I appeal to the history of mankind for this truth, +that when once power and authority are delegated to a government, +it knows how to keep it, and is sufficiently and successfully +fertile in expedients for that purpose. Nay more, the whole history +of mankind proves that so far from parting with the powers +actually delegated to it, government is constantly encroaching on +the small pittance of rights reserved by the people to themselves, +and gradually wresting them out of their hands until it either terminates +in their slavery or forces them to arms, and brings about +a revolution. From these observations it appears to me, my fellow +citizens, that nothing can be more weak and absurd than to +accept of a system that is admitted to stand in need of immediate +amendments to render your rights secure—for remember, if you +fail in obtaining them, you cannot free yourselves from the yoke +you will have placed on your necks, and servitude must, therefore, +be your portion. Let me ask you my fellow citizens what you +would think of a physician who, because you were slightly indisposed, +should bring you a dose which properly corrected with +other ingredients might be a salutary remedy, but of itself was a +<span class="tei tei-pb" id="page377">[pg 377]</span><a name="Pg377" id="Pg377" class="tei tei-anchor"></a> +deadly poison, and with great appearance of friendship and zeal, +should advise you to swallow it immediately, and trust to accident +for those requisites necessary to qualify its malignity, and +prevent its destructive effects? Would not you reject the advice, +in however friendly a manner it might appear to be given, with +indignation, and insist that he should first procure, and properly +attempt, the necessary ingredients, since after the fatal draught +was once received into your bowels, it would be too late should +the antidote prove unattainable, and death must ensue. With the +same indignation ought you, my fellow citizens, to reject the advice +of those political quacks, who under pretence of healing the +disorders of our present government, would urge you rashly to +gulp down a constitution, which in its present form, unaltered +and unamended, would be as certain death to your liberty, as arsenic +could be to your bodies. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Luther Martin.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Baltimore, March 25, 1788.</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page378">[pg 378]</span><a name="Pg378" id="Pg378" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Luther Martin, VI.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Maryland Journal, +(Number 1026) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Friday, April 4, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Number IV. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">To the Citizens of Maryland.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If those, my fellow citizens, to whom the administration of our +government was about to be committed, had sufficient wisdom +never to err, and sufficient goodness always to consult the true +interest of the governed, and if we could have a proper security +that their successors should to the end of time be possessed of +the same qualifications, it would be impossible that power could +be lavished upon them with too liberal a hand. Power absolute +and unlimited, united with unerring wisdom and unbounded goodness, +is the government of the Deity of the universe. But remember, +my fellow citizens, that the persons to whom you are +about to delegate authority are and will be weak, erring mortals, +subject to the same passions, prejudices and infirmities with yourselves; +and let it be deeply engraven on your hearts, that from +the first history of government to the present time, if we begin +with Nimrod and trace down the rulers of nations to those who +are now invested with supreme power, we shall find few, very +few, who have made the beneficent Governor of the universe the +model of their conduct, while many are they who, on the contrary, +have imitated the demons of the darkness. We have no +right to expect that our rulers will be more wise, more virtuous, +or more perfect than those of other nations have been, or that +<span class="tei tei-pb" id="page379">[pg 379]</span><a name="Pg379" id="Pg379" class="tei tei-anchor"></a> +they will not be equally under the influence of ambition, avarice +and all that train of baleful passions, which have so generally +proved the curse of our unhappy race. We must consider mankind +such as they really are,—such as experience has shown them +to be heretofore, and bids us expect to find them hereafter,—and +not suffer ourselves to be misled by interested deceivers or enthusiastick +visionaries; and therefore in forming a system of government, +to delegate no greater power than is clearly and certainly +necessary, ought to be the first principle with every people +who are influenced by reason and a regard for their safety, and in +doing this, they ought most solicitously to endeavour so to qualify +even that power, by such checks and restraints, as to produce +a perfect responsibility in those who are to exercise it, and prevent +them from its abuse with a chance of impunity;—since such +is the nature of man, that he has a propensity to abuse authority +and to tyrannize over the rights of his fellowmen;—and to whomsoever +power is given, not content with the actual deposit, they +will ever strive to obtain an increase. Those who would wish to +excite and keep awake your jealousy and distrust are your truest +friends; while they who speak peace to you when there is no +peace—who would lull you into security, and wish you to repose +blind confidence in your future governors—are your most dangerous +enemies; jealousy and distrust are the guardian angels who +watch over liberty—security and confidence are the forerunners +of slavery. But the advocates of the system tell you that we who +oppose it, endeavour to terrify you with mere possibilities which +may never be realized, that all our objections consist in saying +government may do this, and government may do that—I will +for argument sake admit the justice of this remark, and yet maintain +that the objections are insurmountable. I consider it an incontrovertible +truth, that whatever by the constitution government +even may do, if it relates to the abuse of power by acts tyrannical +and oppressive, it some time or other will do. Such is the ambition +of man, and his lust for domination, that no power less than that +which fixed its bounds to the ocean can say to them, <span class="tei tei-q">“Thus far +shall ye go and no farther.”</span> Ascertain the limits of the may +with ever so much precision, and let them be as extensive as you +<span class="tei tei-pb" id="page380">[pg 380]</span><a name="Pg380" id="Pg380" class="tei tei-anchor"></a> +please, government will speedily reach their utmost verge; nor +will it stop there, but soon will overleap those boundaries, and +roam at large into the regions of the may not. Those who tell +you the government by this constitution may keep up a standing +army, abolish the trial by jury, oppress the citizens of the states +by its powers over the militia, destroy the freedom of the press, +infringe the liberty of conscience, and do a number of other acts +injurious and destructive of your rights, yet that it never will do +so; and that you safely may accept such a constitution and be +perfectly at ease and secure that your rulers will always be so +good, so wise, and so virtuous—such emanations of the Deity—that +they will never use their power but for your interest and +your happiness, contradict the uniform experience of ages, and +betray a total ignorance of human nature, or a total want of ingenuity. +Look back, my fellow citizens, to your conduct but a +few years past, and let that instruct you what ought to be your +conduct at this time. Great Britain then claimed the right to +pass laws to bind you in all cases whatever. You were then +told in all the soft insinuating language of the present day, and +with all the appearance of disinterested friendship now used, that +those who insisted this claim of power might be abused, only +wandered in the regions of fancy—that you need not be uneasy, +but might safely acquiesce in the claim—that you might have +the utmost possible confidence in your rulers, that they never +would use that power to your injury; but distrustful of government, +and jealous of your liberty, you rejected such counsel with +disdain; the bare possibility that Britain might abuse it, if once +conceded, kindled a flame from one end of this continent to the +other, and roused you to arms. Weak and defenseless as you +were, unused to military exertions, and unsupplied with warlike +stores, you braved the strength of a nation the most powerful +and best provided—you chose to risk your lives and property +rather than to risque the possibility that the power claimed by +the British government should be exercised to your injury—a +possibility which the minions of power at that time, with as much +confidence as those of the present day, declared to be absolutely +visionary. Heaven wrought a miracle in your favour, and your +<span class="tei tei-pb" id="page381">[pg 381]</span><a name="Pg381" id="Pg381" class="tei tei-anchor"></a> +efforts were crowned with success. You are not now called upon +to make an equal sacrifice, you are not now requested to beat your +ploughshares into swords, or your pruning hooks into spears, to +leave your peaceful habitations, and exchange domestic tranquillity +for the horrors of war; peaceably, quietly and orderly to give this +system of slavery your negative, is all that is asked by the advocates +of freedom—to pronounce the single monosyllable no, is all +they entreat. Shall they entreat you in vain? When by this it is to +be determined, whether our independence, for obtaining which we +have been accustomed to bow the knee with reverential gratitude to +Heaven, shall be our greatest curse; and when on this it depends +whether we shall be subject to a government, of which the little +finger will be thicker than the loins of that of Great Britain. But +there are also persons who pretend that your situation is at present +so bad that it cannot be worse, and urge that as an argument +why we should embrace any remedy proposed, however desperate +it may appear. Thus do the poor erring children of mortality, suffering +under the presence of real or imaginary evils, have recourse +to a pistol or halter for relief, and rashly launch into the +untried regions of eternity—nor wake from this delusion, until +they wake in endless woe. Should the citizens of America, in a fit +desperation, be induced to commit this fatal act of political suicide, +to which by such arguments they are stimulated, the day will +come when laboring under more than Egyptian bondage; compelled +to finish their quota of brick, though destitute of straw and +of mortar; galled with your chains, and worn down by oppression, +you will, by sad experience, be convinced (when that conviction +shall be too late), that there is a difference in evils, and that the +buzzing of gnats is more supportable than the sting of a serpent. +From the wisdom of antiquity we might obtain excellent instruction, +if we were not too proud to profit by it. Æsop has furnished +us with a history of a nation of frogs, between which and +our own there is a striking resemblance—whether the catastrophe +be the same, rests with ourselves. Jupiter out of pure good +nature, wishing to do them as little injury as possible, on being +asked for a king, had thrown down into their pond a log to rule +over them;—under whose government, had they been wise +<span class="tei tei-pb" id="page382">[pg 382]</span><a name="Pg382" id="Pg382" class="tei tei-anchor"></a> +enough to know their own interest and to pursue it, they might +to this day, have remained happy and prosperous. Terrified +with the noise, and affrighted by the violent undulations of the +water, they for some time kept an awful distance, and regarded +their monarch with reverence; but the first impression being in +some measure worn off, and perceiving him to be of a tame and +peaceable disposition, they approached him with familiarity, and +soon entertained for him the utmost contempt. In a little time +were seen the leaders of the frogs croaking to their respective +circles on the weakness and feebleness of the government at +home, and of its want of dignity and respect abroad, till the sentiment +being caught by their auditors, the whole pond resounded +with <span class="tei tei-q">“Oh Jupiter, good Jupiter, hear our prayers! Take away +from us this vile log, and give us a ruler who shall know how to +support the dignity and splendor of government! Give us any +government you please, only let it be energetic and efficient.”</span> +The Thunderer, in his wrath, sent them a crane. With what +delight did they gaze on their monarch, as he came majestically +floating on the wings of the wind. They admired his +uncommon shape—it was such as they had never before seen—his +deformities were, in their eyes, the greatest of beauties, and +they were heard like Aristides to declare that, were they on the +verge of eternity, they would not wish a single alteration in his +form. His monstrous beak, his long neck, and his enormous poke, +even these, the future means of their destruction, were subjects of +their warm approbation. He took possession of his new dominions, +and instantly began to swallow down his subjects, and it is said +that those who had been the warmest zealots for crane administration, +fared no better than the rest. The poor wretches were now +much more dissatisfied than before, and with all possible humility +applied to Jupiter again for his aid, but in vain—he dismissed them +with this reproof, <span class="tei tei-q">“that the evil of which they complained they +had foolishly brought upon themselves, and that they had no +other remedy now, but to submit with patience.”</span> Thus forsaken +by the god, and left to the mercy of the crane, they sought to +escape his cruelty by flight; but pursuing them to every place of +retreat, and thrusting his long neck through the water to the +<span class="tei tei-pb" id="page383">[pg 383]</span><a name="Pg383" id="Pg383" class="tei tei-anchor"></a> +bottom, he drew them out with his beak from their most secret +hiding-places, and served them up as a regale for his ravenous +appetite. The present federal government is, my fellow citizens, +the log of the fable—the crane is the system now offered to your +acceptance—I wish you not to remain under the government of +the one, nor to become subjected to the tyranny of the other. If +either of these events take place, it must arise from your being +greatly deficient to yourselves—from your being, like the nation of +Frogs, <span class="tei tei-q">“a discontented, variable race, weary of liberty and fond +of change.”</span> At the same time I have no hesitation in declaring, +that if the one or the other must be our fate, I think the harmless, +inoffensive, though contemptible Log, infinitely to be preferred to +the powerful, the efficient, but all-devouring Crane. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Luther Martin.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Baltimore, March 29, 1788.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page385">[pg 385]</span><a name="Pg385" id="Pg385" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc31" id="toc31"></a> +<a name="pdf32" id="pdf32"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Letter Of A Plain Dealer, Accredited To Spencer Roane.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The Virginia Independent Chronicle,<br /> +February, 1788. +</p> + +<span class="tei tei-pb" id="page387">[pg 387]</span><a name="Pg387" id="Pg387" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In October, 1787, Governor Edmund Randolph, delegate to +the Federal Convention from Virginia, addressed to the Speaker +of the House of Delegates a letter on the Federal Constitution. +This was published in December, 1787, in both <span class="tei tei-hi"><span style="font-style: italic">The Virginia Gazette</span></span> +and <span class="tei tei-hi"><span style="font-style: italic">The Virginia Independent Chronicle</span></span>, as well as in pamphlet +form at the time, and recently in Ford's <span class="tei tei-hi"><span style="font-style: italic">Pamphlets on the +Constitution</span></span>. Randolph had declined to give his assent to the Constitution +in the Convention, but had so far altered his views in the intervening +period as to make his letter on the whole an argument in favor +of rather than against its adoption. Uncertain in exactly what light +to regard his utterances, it was one of the few writings of the +time which did not receive replies from one party or the other. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The essay of <span class="tei tei-q">“A Plain Dealer”</span> is the only notice I have found +of this letter, and deals rather more with the inconsistencies of +Randolph's views, than with the arguments advanced in the letter. +Of the author, Randolph himself gives us a clue in his letter +to Madison, of February 29, 1788, where he writes: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +A writer calling himself Plain Dealer, who is bitter in principle +</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">vs.</span></span><span style="font-size: 90%"> the Constitution, has attacked me in the paper. I suspect +the author to be Mr. Spencer Roane; and the importunities of +some to me in public and private are designed to throw me unequivocally +and without condition into the opposition. +</span></div> + +</div> + +<span class="tei tei-pb" id="page389">[pg 389]</span><a name="Pg389" id="Pg389" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Plain Dealer.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Virginia Independent Chronicle, +(Number 82) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Wednesday, February 13, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-foreign"><span style="font-style: italic">Mans parturiens et ecce nascitur mus.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +After a long and general expectancy of some dissertation on the +subject of the proposed Federal Constitution, worthy the first +magistrate of the respectable state of Virginia, a letter of his Excellency +Governor Randolph, of Oct. 10, 1787, is at length presented +to the public. Previous to the appearance of this letter, +various opinions were prevailing in different parts of this country +respecting that gentleman's <em class="tei tei-emph"><span style="font-style: italic">real</span></em> opinion on the subject of the +said Constitution; and it became difficult for many to conjecture +how his Excellency would devise a middle course, so as to catch +the spirit of all his countrymen, and to reconcile himself to all +parties. It was not known to me, at least, that his Excellency +felt an <span class="tei tei-q">“unwillingness to disturb the harmony of the legislature”</span> +on this important subject; nor could I conceive that the sentiments +of even the ablest man among us could <span class="tei tei-q">“excite a contest +unfavorable”</span> to the fairest discussion of the question. On the +other hand, I thought it right that the adversaries of the Constitution, +as well as its framers, should candidly avow their real +sentiments as early and decidedly as possible, for the information +of those who are to determine. It is true, his Excellency was +prevented declaring his opinion sooner, <span class="tei tei-q">“by motives of delicacy +arising from two questions depending before the General Assembly, +one respecting the Constitution, the other respecting himself;”</span> +<span class="tei tei-pb" id="page390">[pg 390]</span><a name="Pg390" id="Pg390" class="tei tei-anchor"></a> +but I am of opinion that during the pendency of a question +concerning the Constitution, every information on that subject is +most properly to be adduced; and I did not know that the being +or not being Governor of Virginia, (an office in a great degree +nominal) was sufficient to deter a real patriot from speaking +the warning voice of opposition, in behalf of the liberties of his +country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The letter above-mentioned can derive no aid from panegyric, +as to the brilliancy and elegance of its stile, for unlike the threadbare +discourses of other statesmen on the dry subject of government, +it amuses us with a number of fine words. But how shall +I express my dislike of the ultimatum of his Excellency's letter, +wherein he declares <span class="tei tei-q">“that if after our best efforts for amendments, +they cannot be obtained, he will adopt the Constitution as it is.”</span> +How is this declaration reconcilable to a former opinion of his +Excellency's, expressed to the Honorable Richard Henry Lee, and +repeated by the latter gentleman in his letter,<a id="noteref_62" name="noteref_62" href="#note_62"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">62</span></span></a> +as printed in the +public papers, <span class="tei tei-q">“that either a monarchy or an aristocracy will be +generated from the proposed Constitution.”</span> Good God! how +can the first Magistrate and Father of a free republican government, +after a feeble parade of opposition, and before his desired +plan of amendments has been determined upon, declare that he +will accept a Constitution which is to beget a monarchy or an +aristocracy? How can such a determination be reconcilable to +the feelings of Virginia, and to the principles which have prevailed +in almost every legislature of the union, who looked no +farther than the amendment of our present republican confederation? +I have charity to believe that the respectable characters +who signed this Constitution did so, thinking that neither +a monarchy nor an aristocracy would ensue, but that they +should thereby preserve and ameliorate the republic of America; +but never until now, that his Excellency has let the cat out +of the bag, did I suppose that any member of the Convention, +at least from the republican state of Virginia, would +accept a Constitution, whereby the republic of his constituents +<span class="tei tei-pb" id="page391">[pg 391]</span><a name="Pg391" id="Pg391" class="tei tei-anchor"></a> +is to be sacrificed in its infancy, and before it has had a +fair trial. But his Excellency will adopt +this Constitution, <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-variant: small-caps">because +he would regulate himself by the spirit of America</span></span>.”</span> +But is his Excellency a prophet as well as a politician—can he +foretell future events? How else can he at this time discover what +the spirit of America is? But admitting his infallibility for a moment, +how far will his principle carry him?—why, that if the dominion +of Shays, instead of that of the new Constitution, should +be generally accepted, and become the spirit of America, his Excellency, +too, would turn Shayite!—and yet this question of the +Constitution, is <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-variant: small-caps">one on which the fate of thousands yet unborn +depends</span></span>.”</span> It is his Excellency's opinion, as expressed in +the aforesaid letter, that the powers which are acknowledged +necessary for supporting the Union, cannot safely be entrusted to +our Congress as at present constituted; and his vain objection is +<span class="tei tei-q">“that the representation of the states bears no proportion to their +importance.”</span> This is literally true; but is equally true of the +Senate of the proposed Constitution, which is to be an essential +part of the legislature; and yet his Excellency will accept the latter, +and not agree to invest the necessary powers in the former, +although the above objection equally applies to both. Nay, I am +inclined to believe that the injurious consequences of this unequal +representation will operate more strongly under the new government—for +under the present confederation the members of Congress +are removable at the pleasure of their constituents;—whereas +under the proposed Constitution, the only method of removing +a wicked, unskilful or treacherous senator, will be by impeachment +before the senate itself, of which he is a member. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These, Mr. Printer, are some of the inconsistencies which even +a slight observation of the above letter will suggest. It is not my +purpose to oppose now, or to investigate, the merits of the Constitution. +This I leave to abler pens, and to the common sense of +my countrymen. The science of government is <em class="tei tei-emph"><span style="font-style: italic">in itself</span></em> simple +and plain; and if in the history of mankind no perfect government +can be found, let it be attributed to the chicane, perfidy and ambition +of those who fabricate them; and who are more or less, in +common with all mankind, infected with a lust of power. It is, +<span class="tei tei-pb" id="page392">[pg 392]</span><a name="Pg392" id="Pg392" class="tei tei-anchor"></a> +however, certainly not consistent with sound sense to accept a +Constitution, knowing it to be imperfect; and his Excellency +acknowledges the proposed one to have radical objections. A +Constitution ought to be like Cæsar's wife, not only good, but +unsuspected, since it is the highest compact which men are capable +of forming, and involves the dearest rights of life, liberty and +property. I fear his Excellency has done no service to his favorite +scheme of amendments (and he too seems to be of the same +opinion) by his very candid declaration at the end of his letter. +Subtlety and chicane in politics, are equally odious and dishonorable; +but when it is considered that the present is not the golden +age—the epoch of virtue, candor and integrity—that the views of +ambitious and designing men are continually working to their +own aggrandizement and to the overthrow of liberty, and that the +discordant interests of thirteen different commonwealths are to be +reconciled and promoted by one general government; common +reason will teach us that the utmost caution, secrecy, and political +sagacity is requisite to secure to each the important blessings +of a good government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I shall now take my leave of his Excellency and the above-mentioned +letter, declaring my highest veneration for his character +and abilities; and it can be no impeachment of the talents of +any man who has not served a regular apprenticeship to politics, +to say, that his opinions on an intricate political question are +erroneous. For if, as the celebrated Dr. Blackstone observes, +<span class="tei tei-q">“in every art, occupation, or science, commercial or mechanical, +some method of instruction or apprenticeship is held necessary, +how much more requisite will such apprenticeship be found to +be, in the science of government, the noblest and most difficult of +any!”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A Plain Dealer.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page393">[pg 393]</span><a name="Pg393" id="Pg393" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc33" id="toc33"></a> +<a name="pdf34" id="pdf34"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Remarks On The New Plan Of Government, By Hugh Williamson.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The State Gazette Of North Carolina.<br /> +1788. +</p> + +<span class="tei tei-pb" id="page395">[pg 395]</span><a name="Pg395" id="Pg395" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No file of the <span class="tei tei-hi"><span style="font-style: italic">State Gazette of North Carolina</span></span> is now known to +exist, so the date of publication of this essay is in doubt. It is +printed from a clipping from that paper, preserved by Williamson +himself, which is in the library of the New York Historical Society. +A note states that: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The following remarks on the new Plan of Government are +handed us as the substance of Dr. Williamson's Address to the +freemen of Edenton and the County of Chowan when assembled +to instruct their representatives.</span><span style="font-size: 90%">”</span></span> +</div> + +</div> + +<span class="tei tei-pb" id="page397">[pg 397]</span><a name="Pg397" id="Pg397" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Remarks.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +State Gazette Of North Carolina. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Though I am conscious that a subject of the greatest magnitude +must suffer in the hands of such an advocate, I cannot refuse, +at the request of my fellow-citizens, to make some observations +on the new plan of government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It seems to be generally admitted, that the system of government +which has been proposed by the late convention, is well +calculated to relieve us from many of the grievances under which +we have been laboring. If I might express my particular sentiments +on this subject, I should describe it as more free and more +perfect than any form of government that has ever been adopted +by any nation; but I would not say it has no faults. Imperfection +is inseparable from every device. Several objections were made +to this system by two or three very respectable characters in the +convention, which have been the subject of much conversation; +and other objections, by citizens of this state, have lately reached +our ears. It is proper you should consider of these objections. +They are of two kinds; they respect the things that are in the +system, and the things that are not in it. We are told that there +should have been a section for securing the trial by Jury in civil +cases, and the liberty of the press: that there should also have +been a declaration of rights. In the new system, it is provided, +that <span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">the trial of all crimes</span></em>, except +in cases of impeachment, <em class="tei tei-emph"><span style="font-style: italic">shall +be by jury</span></em>”</span> but this provision could not possibly be extended to +all <em class="tei tei-emph"><span style="font-style: italic">civil</span></em> cases. For it is well known that the trial by jury is not +general and uniform throughout the United States, either in cases +of admiralty or of chancery; hence it becomes necessary to submit +the question to the general Legislature, who might accommodate +<span class="tei tei-pb" id="page398">[pg 398]</span><a name="Pg398" id="Pg398" class="tei tei-anchor"></a> +their laws on this occasion to the desires and habits of the +nation. Surely there is no prohibition in a case that is untouched. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We have been told that the liberty of the press is not secured +by the new Constitution. Be pleased to examine the Plan, and +you will find that the liberty of the press and the laws of Mahomet +are equally affected by it. The new government is to +have the power of protecting literary property; the very power +which you have by a special act delegated to the present congress. +There was a time in England, when neither book, pamphlet, +nor paper could be published without a license from government. +That restraint was finally removed in the year 1694: +and, by such removal, their press became perfectly free, for it is +not under the restraint of any license. Certainly the new government +can have no power to impose restraints. The citizens of +the United States have no more occasion for a second declaration +of rights, than they have for a section in favour of the press. +Their rights, in the several states, have long since been explained +and secured by particular declarations, which make a part of +their several constitutions. It is granted, and perfectly understood, +that under the government of the assemblies of the states, +and under the government of the congress, every right is reserved +to the individual which he has not expressly delegated to this, or +that legislature. The other objections that have been made to +the new plan of government, are: That it absorbs the powers of +the several states; that the national judiciary is too extensive; +that a standing army is permitted; that congress is allowed to +regulate trade; that the several states are prevented from taxing +exports for their own benefit. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When Gentlemen are pleased to complain, that little power is +left in the hands of the separate states, they should be advised to +cast an eye upon the large code of laws, which have passed in +this state since the peace. Let them consider how few of those +laws have been framed for the general benefit of the nation. Nine +out of ten of them are domestic; calculated for the sole use of this +state or of particular citizens. There must still be use for such +laws, though you should enable the congress to collect a revenue +<span class="tei tei-pb" id="page399">[pg 399]</span><a name="Pg399" id="Pg399" class="tei tei-anchor"></a> +for national purposes; and the collection of that revenue includes +the chief of the new powers, which are now to be committed to +the congress. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hitherto you have delegated certain powers to the Congress, +and other powers to the Assemblies of the states. The portion +that you have delegated to Congress, is found to have been +useless, because it is too small: and the powers that are committed +to the Assemblies of the several states are also found +to be absolutely ineffectual for national purposes, because +they can never be so managed as to operate in concert. Of +what use is that small portion of reserve powers? It neither +makes you respectable nor powerful. The consequence of such +reservation is national contempt abroad, and a state of dangerous +weakness at home. What avails the claim of power, which appears +to be nothing better than the empty whistling of a name? +The Congress will be chosen by yourselves, as your members of +Assembly are. They will be creatures of your hands, and subject +to your advice. Protected and cherished by the small addition +of power which you shall put into their hands, you may become +a great and respectable nation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is complained that the powers of the national judiciary are +too extensive. This objection appears to have the greatest +weight in the eyes of gentlemen who have not carefully compared +the powers which are to be delegated, with those that had been +formerly delegated to Congress. The powers now to be committed +to the national legislature, as they are detailed in the 8th +section of the first article, have already been chiefly delegated +to the Congress, under one form or another, except those which +are contained in the first paragraph of that section. And the +objects that are now to be submitted to the supreme judiciary, or +to the inferior courts, are those which naturally arise from the +constitutional laws of Congress. If there is a single new case +that can be exceptional, it is that between a Foreigner and a +Citizen, or that between the Citizens of different States. These +cases may come up by appeal. It is provided in this system, +that there shall be no fraudulent tender in the payments of debts. +Foreigners with whom we have treaties will trust our citizens on +<span class="tei tei-pb" id="page400">[pg 400]</span><a name="Pg400" id="Pg400" class="tei tei-anchor"></a> +the faith of this engagement; and the citizens of different states +will do the same. If the Congress had a negative on the laws of +the several states, they would certainly prevent all such laws as +might endanger the honor or peace of the nation, by making a +tender of base money; but they have no such power, and it is at +least possible that some state may be found in this union, disposed +to break the constitution, and abolish private debts by such +tenders. In these cases the courts of the offending state would +probably decide according to its own laws. The foreigner would +complain, and the nation might be involved in war for the support +of such dishonest measures. Is it not better to have a court +of appeals in which the judges can only be determined by the +laws of the nation? This court is equally to be desired by the +citizens of different states. But we are told that justice will be +delayed, and the poor will be drawn away by the rich to a distant +court. The authors of this remark have not fully considered the +question, else they must have recollected that the poor of this +country have little to do with foreigners or with the citizens of +distant states. They do not consider that there may be an inferior +court in every state; nor have they recollected that the appeals +being with such exceptions, and under such regulations as +Congress shall make, will never be permitted for trifling sums or +under trivial pretences, unless we can suppose that the national +legislature shall be composed of knaves and fools. The line that +separates the powers of the national legislature from those of the +several states is clearly drawn. The several states reserve every +power that can be exercised for the particular use and comfort of +the state. They do not yield a single power which is not absolutely +necessary to the safety and prosperity of the nation, nor +one that could be employed to any effect in the hands of particular +states. The powers of judiciary naturally arise from those of +the legislature. Questions that are of a national concern, and +those cases which are determinable by the general laws of the +nation, are to be referred to the national judiciary; but they have +not anything to do with a single case either civil or criminal +which respects the private and particular concerns of a state or +its citizens. +</p> + +<span class="tei tei-pb" id="page401">[pg 401]</span><a name="Pg401" id="Pg401" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The possibility of keeping regular troops in the public service, +has been urged as another objection against the new constitution. +It is very remarkable that the same objection has not been made +against the original confederation, in which the same grievance +obtains without the same guards. It is now provided, that no +appropriation of money for the use of the army shall be for a +longer time than two years. Provision is also made for having +a powerful militia, in which there never can be occasion for many +regular troops. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been objected in some of the southern states, that the +Congress, by a majority of votes, is to have the power to regulate +trade. It is universally admitted that Congress ought to have +this power, else our commerce, which is nearly ruined, can never +be restored; but some gentlemen think that the concurrence of +two-thirds of the votes in Congress should have been required. +By the sundry regulations of commerce, it will be in the power +of government not only to collect a vast revenue for the general +benefit of the nation, but to secure the carrying trade in the hands +of citizens in preference to strangers. It has been alleged that +there are few ships belonging to the southern states; and that the +price of freight must rise in consequence of our excluding many +foreign vessels: but when we have not vessels of our own, it is +certainly proper that we should hire those of citizens in preference +to strangers; and though the price of freight should rise for two +or three years, this advantage is fully due to our brethren in the +eastern and middle states, who, with great and exemplary candour, +have given us equal advantages in return. A small increase +in the price of freight would operate greatly in favour of the southern +states: it would promote the spirit of ship-building; it would +promote a nursery for native seamen, and would afford support to +the poor who live near the sea coast; it would increase the value +of their lands, and, at the same time, it would reduce their taxes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has finally been objected that the several states are not permitted +to tax their exports for the benefit of their particular +treasuries. This strange objection has been occasionally repeated +by citizens of this state. They must have transplanted it from +another state, for it could not have been the growth of North +Carolina. +</p> + +<span class="tei tei-pb" id="page402">[pg 402]</span><a name="Pg402" id="Pg402" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Such have been the objections against the new constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whilst the honest patriot who guards with jealous eye the +liberties of his country, and apprehends danger under every form—the +placeman in every state, who fears lest his office should pass +into other hands—the idle, the fractious, and the dishonest, who +live by plunder or speculation on the miseries of their country—while +these, assisted by a numerous body of secret enemies, who +never have been reconciled to our independence, are seeking for +objections to this constitution—it is a remarkable circumstance, +and a very high encomium on the plan, that nothing more plausible +has been offered against it; for it is an easy matter to find +faults. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us turn our eyes to a more fruitful subject; let us consider +the present condition of the United States, and the particular benefits +that North Carolina must reap by the proposed form of government. +Without money no government can be supported; and +Congress can raise no money under the present constitution. +They have not the power to make commercial treaties, because +they cannot preserve them when made. Hence it is, that we +are the prey of every nation. We are indulged in such foreign +commerce as must be hurtful to us; we are prohibited from that +which might be profitable; and we are accordingly told, that in +the last two years, the thirteen states have hardly paid into the +treasury as much as should have been paid by a single state. +Intestine commotions in some of the states—paper money in +others—a want of inclination in some, and a general suspicion +throughout the union that the burden is unequally laid—added +to the general loss of trade—have produced a general bankruptcy, +and loss of honor. We have borrowed money of Spain—she +demands the principal, but we cannot pay the interest. It is a +circumstance perfectly humiliating, that we should remain under +obligations to that nation. We are considerably indebted to +France; but she is too generous to insist upon what she knows +we cannot pay, either the principal or interest. In the hour of +distress, we borrowed money in Holland; not from the government +but from private citizens. Those who were called the +patriots, were our friends, and they are oppressed in their turn by +<span class="tei tei-pb" id="page403">[pg 403]</span><a name="Pg403" id="Pg403" class="tei tei-anchor"></a> +hosts of enemies. They will soon have need of money. At +this hour, we are not able to pay the interest of their loan. +What is to be done? Will you borrow money again from other +citizens of that oppressed republic, to pay the interest of what +you borrowed from their brethren? This would a painful expedient: +but our want of government may render it necessary. +You have two or three ministers abroad; they must soon return +home, for they cannot be supported. You have four or five hundred +troops scattered along the Ohio to protect the frontier inhabitants, +and give some value to your lands; those troops are +ill paid, and in a fair way for being disbanded. There is hardly a +circumstance remaining—hardly one external mark—by which +you can deserve to be called a nation. You are not in a condition +to resist the most contemptuous enemy. What is there to +prevent an Algerine pirate from landing on your coast, and carrying +your citizens into slavery? You have not a single sloop of +war. Does one of the states attempt to raise a little money by +imposts or other commercial regulations? A neighbouring state +immediately alters her laws, and defeats the revenue by throwing +the trade into a different channel. Instead of supporting or +assisting, we are uniformly taking the advantage of one another. +Such an assemblage of people are not a nation. Like a dark +cloud, without cohesion or firmness, we are ready to be torn +asunder, and scattered abroad by every breeze of external violence, +or internal commotion. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Is there a man in this state, who believes it possible for us to +continue under such a government? Let us suppose but for a +minute, that such a measure should be attempted. Let us suppose +that the several states shall be required and obliged to pay +their several quotas according to the original plan. You know +that North Carolina, in the last four years, has not paid one dollar +into the treasury for eight dollars that she ought to have paid. +We must increase our taxes exceedingly, and those taxes must +be of the most grievous kind; they must be taxes on land and +heads, taxes that cannot fail to grind the face of the poor; for it +is clear that we can raise little by imports and exports. Some +foreign goods are imported by water from the northern states: +<span class="tei tei-pb" id="page404">[pg 404]</span><a name="Pg404" id="Pg404" class="tei tei-anchor"></a> +such goods pay a duty for the benefit of those states, which is +seldom drawn back. This operates as a tax upon our citizens. +On this side, Virginia promotes her revenue to the amount of +twenty-five thousand dollars every year, by a tax on our tobacco +that she exports. South Carolina, on the other side, may avail +herself of similar opportunities. Two-thirds of foreign goods that +are consumed in this state, are imported by land from Virginia +or South Carolina. Such goods pay a certain impost for the +benefit of the importing states, but our treasury is not profited +by this commerce. By such means our citizens are taxed more +than one hundred thousand dollars every year; but the state +does not receive credit for a shilling of that money. Like a patient +that is bleeding at both arms, North Carolina must soon expire +under such wasteful operations. Unless I am greatly mistaken, +we have seen enough of the state of the union, and of +North Carolina in particular, to be assured that another form of +government is become necessary. Is the form of government +now proposed well calculated to give relief? To this we must +answer in the affirmative. All foreign goods that shall be imported +into these states, are to pay a duty for the use of the nation. +All the states will be on a footing, whether they have bad +ports or good ones. No duties will be laid on exports; hence +the planter will receive the true value for his produce, wherever +it may be shipped. If excises are laid on wine, spirits, or other +luxuries, they must be uniform throughout the states. By a +careful management of imposts and excises, the national expenses +may be discharged without any other species of tax; but +if a poll tax or land tax shall ever become necessary, the weight +must press equally on every part of the union. For in all cases +such taxes must be according to the number of inhabitants. Is +it not a pleasing consideration that North Carolina, under all her +natural disadvantages, must have the same facility of paying her +share of the public debt, as the most favoured, or the most fortunate +state? She gains no advantage by this plan, but she recovers +from her misfortunes. She stands on the same footing +with her sisters, and they are too generous to desire that she +should stand on lower ground. When you consider those parts +<span class="tei tei-pb" id="page405">[pg 405]</span><a name="Pg405" id="Pg405" class="tei tei-anchor"></a> +of the new system which are of the greatest import—those which +respect the general question of liberty and safety—you will recollect +that the states in convention were unanimous; and you +must remember, that some of the members of that body have +risqued their lives in defence of liberty: but the system does not +require the help of such arguments; it will bear the most scrupulous +examination. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When you refer the proposed system to the particular circumstances +of North Carolina, and consider how she is to be affected +by this plan, you must find the utmost reason to rejoice in the +prospect of better times. This is a sentiment that I have ventured +with the greater confidence, because it is the general opinion of +my late honourable colleagues,<a id="noteref_63" name="noteref_63" href="#note_63"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">63</span></span></a> +and I have the utmost reliance +in their superior abilities. But if our constituents shall discover +faults where we could not see any—or if they shall suppose that +a plan is formed for abridging their liberties, when we imagined +that we had been securing both liberty and property on a more +stable foundation—if they perceive that they are to suffer a loss, +where we thought they must rise from a misfortune—they will, +at least do us the justice to charge those errors to the head, and +not to the heart. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The proposed system is now in your hands, and with it the +fate of your country. We have a common interest for we are +embarked in the same vessel. At present she is in a sea of +trouble, without sails, oars, or pilot; ready to be dashed to pieces +by every flaw of wind. You may secure a port, unless you think +it better to remain at sea. If there is any man among you that +wishes for troubled times and fluctuating measures, that he may +live by speculations, and thrive by the calamities of the state, this +government is not for him. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If there is any man who envies the prosperity of a native citizen—who +wishes that we should remain without native merchants +or seamen, without shipping, without manufactures, without commerce—poor +and contemptible, the tributaries of a sovereign +country—this government is not for him. +</p> + +<span class="tei tei-pb" id="page406">[pg 406]</span><a name="Pg406" id="Pg406" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And if there is any man who has never been reconciled to our +independence, who wishes to see us degraded and insulted abroad, +oppressed by anarchy at home, and torn into pieces by factions—incapable +of resistance, and ready to become a prey to the first +invader—this government is not for him. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But it is a government, unless I am greatly mistaken, that gives +the fairest promise of being firm and honourable; safe from foreign +invasion or domestic sedition—a government by which our commerce +must be protected and enlarged; the value of our produce +and of our lands must be increased; the labourer and the +mechanic must be encouraged and supported. It is a form of +government that is perfectly fitted for protecting liberty and +property, and for cherishing the good citizen and honest man. +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page407">[pg 407]</span><a name="Pg407" id="Pg407" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc35" id="toc35"></a> +<a name="pdf36" id="pdf36"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Letter Of A Steady And Open Republican, Written By Charles Pinckney.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Printed In<br /> +The State Gazette Of South Carolina,<br /> +May, 1788. +</p> + +<span class="tei tei-pb" id="page409">[pg 409]</span><a name="Pg409" id="Pg409" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Note.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the file of the <span class="tei tei-hi"><span style="font-style: italic">State Gazette of South Carolina</span></span> in the +possession of the Charleston Chamber of Commerce, a slip is inserted +opposite this essay, on which is writing contemporary with the +paper, stating that it was written by Charles Pinckney. It is almost +the only essay on this subject contained in the file, which is +not merely extracted from some northern paper; and Pinckney +was, indeed, almost the only South Carolinian who had given any +attention to the subject involved, or who wrote for the press. +</p> + +</div> + +<span class="tei tei-pb" id="page411">[pg 411]</span><a name="Pg411" id="Pg411" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Republican.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The State Gazette Of South +Carolina, +(Number 3610) +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Monday, May 5, 1788.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">Mrs. Timothy</span></span>: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The enclosed,<a id="noteref_64" name="noteref_64" href="#note_64"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">64</span></span></a> +copied from a paper sent me by a friend, seems +so peculiarly adapted to our present situation, that I cannot forbear +selecting it from the crowd of publications since the appearance +of the proposed Federal Constitution, and recommending it, +thro' your paper, to the most serious attention of all our fellow-citizens; +but previously a few HINTS, by way of introduction, +will not, I hope, be impertinent. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +New Hampshire and Georgia are the two extreme barriers of +the United States, if the latter can with any propriety be called a +barrier without this state in conjunction; and both together, we +know, are not, in point of force, ready for any sudden emergency, +to be compared to New Hampshire. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It cannot be doubted that Great Britain has her busy emissaries +throughout the states, and not a few amongst us; and should +the Constitution be rejected, how long can we flatter ourselves to +be free from Indian cruelties and depredations, some time since +begun in Georgia, and if at this moment warded off from us, 'tis +principally owing to the dread of an efficacious union of the states +by the adoption of the Federal Constitution. The three southern +states particularly, we have had for several years past, good +<span class="tei tei-pb" id="page412">[pg 412]</span><a name="Pg412" id="Pg412" class="tei tei-anchor"></a> +grounds to think Great Britain wishes to separate from the rest, +and to have reverted to her if possible. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. Martin's<a id="noteref_65" name="noteref_65" href="#note_65"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">65</span></span></a> +long mischievous detail of the opinions and +proceedings of the late general convention, (already occupying a +large space in six of your Gazettes, and still unfinished,) with all +his colourings and uncandid insinuations, in regard to General +Washington and Doct. Franklin, may suit the short-sighted selfish +wishes of <em class="tei tei-emph"><span style="font-style: italic">an individual</span></em> of a state situated almost in the centre +of the rest, and much safer by that means from sudden alarms. +But the generous, manly <em class="tei tei-emph"><span style="font-style: italic">and truly federal sentiments of Maryland</span></em> +are well known, and 'tis not doubted will be unequivocally shewn +at her convention very shortly to be held—and that New Hampshire, +early in her first meeting on that important subject, has +only by consent taken farther time to consider of it, and will at +her next meeting adopt it, is the general opinion. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What pity the salutary caution of Doct. Franklin, just previous +to his signing the constitution recommended by the convention, +had not been strictly attended to! If we split, it will in all probability +happen in running headlong on the dangerous rock he so +prophetically (as it were) warned us from, <span class="tei tei-q">“That the opinions of +the errors of the constitution born within the walls of the convention, +should die there, and not a syllable be whispered abroad.”</span> +This Hint is full of that foresight and penetration the Doctor has +always been remarkable for. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When the general convention met, no citizen of the United +States could expect less from it than I did, so many jarring interests +and prejudices to reconcile! The variety of pressing +dangers at our doors, even during the war, were barely sufficient +to force us to act in concert, and necessarily give way at times to +each other. But when the great work was done and published, +I was not only most agreeably disappointed, but struck with +amazement. Nothing less than that superintending hand of +Providence, that so miraculously carried us through the war (in my +humble opinion), could have brought it about so complete, upon +the whole. +</p> + +<span class="tei tei-pb" id="page413">[pg 413]</span><a name="Pg413" id="Pg413" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The constitution recommended, in all respects, takes its rise +where it ought, from the people; its President, Senate, and +House of Representatives, are sufficient and wholesome checks +on each other, and at proper periods are dissolved again into the +common mass of the people: longer periods would probably have +produced danger; shorter, tumult, instability and inefficacy. +Every article of these and other essentials to a republican government, +are, in my opinion, well secured; were it otherwise, not +a citizen of the United States would have been more alarmed, +or more early in opposition to it, than +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">A steady and open Republican.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Charleston, May 2d, 1788.</span></span> +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page415">[pg 415]</span><a name="Pg415" id="Pg415" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc37" id="toc37"></a> +<a name="pdf38" id="pdf38"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Bibliography.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +[This list is only of those essays to which some clue of authorship has been found. +When written over a pen name the pseudonym is added.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span>] +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Brackenridge, Hugh Henry.<br /> +Pittsburg Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Bryan, Samuel. <span class="tei tei-q">“Centinel.”</span><br /> +Independent Gazetteer. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Carroll, Daniel. <span class="tei tei-q">“A Friend to the Constitution.”</span><br /> +Maryland Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Chase, Samuel. <span class="tei tei-q">“Caution.”</span><br /> +Maryland Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Clinton, De Witt. <span class="tei tei-q">“A Countryman.”</span><br /> +New York Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Clinton, George. <span class="tei tei-q">“Cato.”</span><br /> +New York Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Coxe, Tench. <span class="tei tei-q">“A Freeman.”</span><br /> +Pennsylvania Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Coxe, Tench. <span class="tei tei-q">“An American.”</span><br /> +Independent Gazetteer. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Coxe, Tench. <span class="tei tei-q">“A Pennsylvanian.”</span><br /> +Pennsylvania Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Duer, William. <span class="tei tei-q">“Philo-Publius.”</span><br /> +Daily Advertiser. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Davie, William Richardson. <span class="tei tei-q">“Publicola.”</span><br /> +North Carolina State Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Dickinson, John. <span class="tei tei-q">“Fabius.”</span><br /> +Humphrey's Mercury. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Ellsworth, Oliver. <span class="tei tei-q">“A Landholder.”</span><br /> +Connecticut Courant. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Findley, William. <span class="tei tei-q">“An Officer of the Continental Army.”</span><br /> +Independent Gazetteer. +</p> + +<span class="tei tei-pb" id="page416">[pg 416]</span><a name="Pg416" id="Pg416" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Gerry, Elbridge.<br /> +Massachusetts Centinel. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Gerry, Elbridge.<br /> +American Herald. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hamilton, Alexander. <span class="tei tei-q">“Publius.”</span><br /> +Various papers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hamilton, Alexander. <span class="tei tei-q">“Cæsar.”</span><br /> +Daily Advertiser. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hanson, Alexander Contee. <span class="tei tei-q">“Aristides.”</span><br /> +Maryland Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hopkinson, Francis. <span class="tei tei-q">“A. B.”</span><br /> +Independent Gazetteer. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Iredell, James. <span class="tei tei-q">“Marcus.”</span><br /> +North Carolina State Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Jay, John. <span class="tei tei-q">“Publius.”</span><br /> +Various papers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Lamb, John. <span class="tei tei-q">“Conciliator.”</span><br /> +New York Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +McKnight, Dr. Charles. <span class="tei tei-q">“The Examiner.”</span><br /> +Daily Advertiser. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Martin, Luther.<br /> +Maryland Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Madison, James. <span class="tei tei-q">“Publius.”</span><br /> +Various papers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Nicholas, John. <span class="tei tei-q">“Decius.”</span><br /> +Virginia Independent Chronicle. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Pinckney, Charles. <span class="tei tei-q">“A Steady and Open Republican.”</span><br /> +State Gazette of South Carolina. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Randolph, Thomas Mann. <span class="tei tei-q">“A Republican Federalist.”</span><br /> +Virginia Independent Chronicle. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Roane, Spencer. <span class="tei tei-q">“A Plain Dealer.”</span><br /> +Virginia Independent Chronicle. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sherman, Roger. <span class="tei tei-q">“A Countryman.”</span><br /> +New Haven Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sherman, Roger. <span class="tei tei-q">“A Citizen of New Haven.”</span><br /> +New Haven Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sullivan, James. <span class="tei tei-q">“Cassius.”</span><br /> +Massachusetts Gazette. +</p> + +<span class="tei tei-pb" id="page417">[pg 417]</span><a name="Pg417" id="Pg417" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Tucker, St. George. <span class="tei tei-q">“A State Soldier.”</span><br /> +Virginia Independent Chronicle. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Williams, William.<br /> +American Mercury. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Williamson, Hugh.<br /> +North Carolina State Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Winthrop, James. <span class="tei tei-q">“Agrippa.”</span><br /> +Massachusetts Gazette. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Workman, Benjamin. <span class="tei tei-q">“Philadelphiensis.”</span><br /> +Independent Gazetteer. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Yates, Robert. <span class="tei tei-q">“Brutus.”</span><br /> +New York Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Yates, Robert. <span class="tei tei-q">“Sydney.”</span><br /> +New York Journal. +</p> + +</div> + + +<span class="tei tei-pb" id="page419">[pg 419]</span><a name="Pg419" id="Pg419" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc39" id="toc39"></a> +<a name="pdf40" id="pdf40"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Index.</span></h1> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“A. B.,”</span> pseudonym of, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Adams, John, <a href="#Pg117" class="tei tei-ref" style="text-align: left">117</a>, <a href="#Pg231" class="tei tei-ref" style="text-align: left">231</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Agrippa,”</span> pseudonym of, <a href="#Pg022" class="tei tei-ref" style="text-align: left">22</a>, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>, <a href="#Pg049" class="tei tei-ref" style="text-align: left">49</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“American,”</span> pseudonym of, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">American Herald, <a href="#Pg123" class="tei tei-ref" style="text-align: left">123</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">American Mercury, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">American Museum, <a href="#Pg315" class="tei tei-ref" style="text-align: left">315</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Anarchy, danger of, <a href="#Pg015" class="tei tei-ref" style="text-align: left">15</a>, <a href="#Pg165" class="tei tei-ref" style="text-align: left">165</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">predicted, <a href="#Pg018" class="tei tei-ref" style="text-align: left">18</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Anti-Federalists, character of, <a href="#Pg025" class="tei tei-ref" style="text-align: left">25</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Aristides,”</span> pseudonym of, <a href="#Pg372" class="tei tei-ref" style="text-align: left">372</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Aristocracy, favorers of, <a href="#Pg005" class="tei tei-ref" style="text-align: left">5</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">small danger of, <a href="#Pg165" class="tei tei-ref" style="text-align: left">165</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">southern, <a href="#Pg258" class="tei tei-ref" style="text-align: left">258</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">causes of, <a href="#Pg298" class="tei tei-ref" style="text-align: left">298</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">tendencies to, <a href="#Pg223" class="tei tei-ref" style="text-align: left">223</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Articles of Confederation, <a href="#Pg238" class="tei tei-ref" style="text-align: left">238</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">advantages of, <a href="#Pg077" class="tei tei-ref" style="text-align: left">77</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">amendment of, <a href="#Pg080" class="tei tei-ref" style="text-align: left">80</a>, <a href="#Pg098" class="tei tei-ref" style="text-align: left">98</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">defects in, <a href="#Pg255" class="tei tei-ref" style="text-align: left">255</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">ease of amendment of, <a href="#Pg117" class="tei tei-ref" style="text-align: left">117</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">proposed amendment to, <a href="#Pg084" class="tei tei-ref" style="text-align: left">84</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Baldwin, Simeon, <a href="#Pg213" class="tei tei-ref" style="text-align: left">213</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Ballot, <a href="#Pg305" class="tei tei-ref" style="text-align: left">305</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Baltimore, <a href="#Pg327" class="tei tei-ref" style="text-align: left">327</a>, <a href="#Pg333" class="tei tei-ref" style="text-align: left">333</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Bill of rights, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95</a>, <a href="#Pg113" class="tei tei-ref" style="text-align: left">113</a>, <a href="#Pg117" class="tei tei-ref" style="text-align: left">117</a>, <a href="#Pg119" class="tei tei-ref" style="text-align: left">119</a>, <a href="#Pg163" class="tei tei-ref" style="text-align: left">163</a>, <a href="#Pg219" class="tei tei-ref" style="text-align: left">219</a>, <a href="#Pg299" class="tei tei-ref" style="text-align: left">299</a>, <a href="#Pg320" class="tei tei-ref" style="text-align: left">320</a>, <a href="#Pg325" class="tei tei-ref" style="text-align: left">325</a>, <a href="#Pg364" class="tei tei-ref" style="text-align: left">364</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Blair, John, <a href="#Pg162" class="tei tei-ref" style="text-align: left">162</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Bowdoin, James, <a href="#Pg003" class="tei tei-ref" style="text-align: left">3</a>, <a href="#Pg006" class="tei tei-ref" style="text-align: left">6</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Brackenridge, H. H., <a href="#Pg315" class="tei tei-ref" style="text-align: left">315</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Brutus,”</span> pseudonym of, <a href="#Pg269" class="tei tei-ref" style="text-align: left">269</a>, <a href="#Pg295" class="tei tei-ref" style="text-align: left">295</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Bryan, George, <a href="#Pg221" class="tei tei-ref" style="text-align: left">221</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Bryan, Samuel, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Cæsar,”</span> pseudonym of, <a href="#Pg245" class="tei tei-ref" style="text-align: left">245</a>, <a href="#Pg250" class="tei tei-ref" style="text-align: left">250</a>, <a href="#Pg279" class="tei tei-ref" style="text-align: left">279</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Canada, <a href="#Pg191" class="tei tei-ref" style="text-align: left">191</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">dangers from, <a href="#Pg157" class="tei tei-ref" style="text-align: left">157</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Capital, <a href="#Pg262" class="tei tei-ref" style="text-align: left">262</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">place for, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>, <a href="#Pg321" class="tei tei-ref" style="text-align: left">321</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Capitation tax, <a href="#Pg272" class="tei tei-ref" style="text-align: left">272</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Capt. M'Daniel,”</span> pseudonym of, <a href="#Pg122" class="tei tei-ref" style="text-align: left">122</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Carroll, Daniel, <a href="#Pg325" class="tei tei-ref" style="text-align: left">325</a>, <a href="#Pg329" class="tei tei-ref" style="text-align: left">329</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Carthage, <a href="#Pg093" class="tei tei-ref" style="text-align: left">93</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Cassius,”</span> pseudonym of, <a href="#Pg001" class="tei tei-ref" style="text-align: left">1</a>, <a href="#Pg051" class="tei tei-ref" style="text-align: left">51</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Cato,”</span> pseudonym of, <a href="#Pg243" class="tei tei-ref" style="text-align: left">243</a>, <a href="#Pg281" class="tei tei-ref" style="text-align: left">281</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Caution,”</span> pseudonym of, <a href="#Pg323" class="tei tei-ref" style="text-align: left">323</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Centinel, The,”</span> pseudonym of, <a href="#Pg218" class="tei tei-ref" style="text-align: left">218</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Charles James Fox,”</span> pseudonym of, <a href="#Pg051" class="tei tei-ref" style="text-align: left">51</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Chase, Samuel, <a href="#Pg323" class="tei tei-ref" style="text-align: left">323</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">promises of, <a href="#Pg333" class="tei tei-ref" style="text-align: left">333</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">speech of, <a href="#Pg325" class="tei tei-ref" style="text-align: left">325</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Childs, Francis, <a href="#Pg250" class="tei tei-ref" style="text-align: left">250</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Citizen of New Haven,”</span> pseudonym of, <a href="#Pg229" class="tei tei-ref" style="text-align: left">229</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Citizenship, <a href="#Pg270" class="tei tei-ref" style="text-align: left">270</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">rights of, <a href="#Pg042" class="tei tei-ref" style="text-align: left">42</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Clinton, De Witt, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Clinton, George, <a href="#Pg173" class="tei tei-ref" style="text-align: left">173</a>, <a href="#Pg243" class="tei tei-ref" style="text-align: left">243</a>, <a href="#Pg281" class="tei tei-ref" style="text-align: left">281</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Coinage, uniformity of, <a href="#Pg035" class="tei tei-ref" style="text-align: left">35</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Coke, <a href="#Pg266" class="tei tei-ref" style="text-align: left">266</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Commerce of America, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">inter-state, congressional power over, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">regulation of, <a href="#Pg097" class="tei tei-ref" style="text-align: left">97</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Commercial treaties, power to make, <a href="#Pg234" class="tei tei-ref" style="text-align: left">234</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Conciliator,”</span> pseudonym of, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Congress, Continental, action on the Constitution, <a href="#Pg253" class="tei tei-ref" style="text-align: left">253</a>, <a href="#Pg289" class="tei tei-ref" style="text-align: left">289</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">retrospective view of, <a href="#Pg298" class="tei tei-ref" style="text-align: left">298</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">inadequate powers of, <a href="#Pg034" class="tei tei-ref" style="text-align: left">34</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Congress, difference between state legislature and, <a href="#Pg224" class="tei tei-ref" style="text-align: left">224</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">length of session of, <a href="#Pg239" class="tei tei-ref" style="text-align: left">239</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">members of, <a href="#Pg225" class="tei tei-ref" style="text-align: left">225</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">character of, <a href="#Pg227" class="tei tei-ref" style="text-align: left">227</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">character from South, <a href="#Pg258" class="tei tei-ref" style="text-align: left">258</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">election of, <a href="#Pg086" class="tei tei-ref" style="text-align: left">86</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">privileges of, <a href="#Pg033" class="tei tei-ref" style="text-align: left">33</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">restriction on, <a href="#Pg234" class="tei tei-ref" style="text-align: left">234</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">interest of, <a href="#Pg220" class="tei tei-ref" style="text-align: left">220</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">journal of, <a href="#Pg033" class="tei tei-ref" style="text-align: left">33</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">nature of, <a href="#Pg267" class="tei tei-ref" style="text-align: left">267</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of, <a href="#Pg027" class="tei tei-ref" style="text-align: left">27</a>, <a href="#Pg032" class="tei tei-ref" style="text-align: left">32</a>, <a href="#Pg034" class="tei tei-ref" style="text-align: left">34</a>, <a href="#Pg041" class="tei tei-ref" style="text-align: left">41</a>, <a href="#Pg098" class="tei tei-ref" style="text-align: left">98</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">to alienate territory, <a href="#Pg080" class="tei tei-ref" style="text-align: left">80</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">to coerce the states, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over delinquent states, <a href="#Pg358" class="tei tei-ref" style="text-align: left">358</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over citizens, <a href="#Pg080" class="tei tei-ref" style="text-align: left">80</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over elections, <a href="#Pg030" class="tei tei-ref" style="text-align: left">30</a>, <a href="#Pg037" class="tei tei-ref" style="text-align: left">37</a>, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>, <a href="#Pg276" class="tei tei-ref" style="text-align: left">276</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over inter-state commerce, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over judiciary, <a href="#Pg066" class="tei tei-ref" style="text-align: left">66</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over militia, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">law-making powers of, <a href="#Pg045" class="tei tei-ref" style="text-align: left">45</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of taxation, <a href="#Pg235" class="tei tei-ref" style="text-align: left">235</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over territories, <a href="#Pg043" class="tei tei-ref" style="text-align: left">43</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over trade, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">representation in, <a href="#Pg151" class="tei tei-ref" style="text-align: left">151</a>.</div> +</div> + +<span class="tei tei-pb" id="page420">[pg 420]</span><a name="Pg420" id="Pg420" class="tei tei-anchor"></a> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Connecticut, <a href="#Pg183" class="tei tei-ref" style="text-align: left">183</a>, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">address to, <a href="#Pg215" class="tei tei-ref" style="text-align: left">215</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">constitution of, <a href="#Pg148" class="tei tei-ref" style="text-align: left">148</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Courant, <a href="#Pg135" class="tei tei-ref" style="text-align: left">135</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">convention, <a href="#Pg178" class="tei tei-ref" style="text-align: left">178</a>, <a href="#Pg207" class="tei tei-ref" style="text-align: left">207</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">legislature of, <a href="#Pg219" class="tei tei-ref" style="text-align: left">219</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">manufactures of, <a href="#Pg202" class="tei tei-ref" style="text-align: left">202</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">taxation in, <a href="#Pg074" class="tei tei-ref" style="text-align: left">74</a>, <a href="#Pg148" class="tei tei-ref" style="text-align: left">148</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">tribute to New York from, <a href="#Pg180" class="tei tei-ref" style="text-align: left">180</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Constituents, instructions from, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Constitution, a creation of power, <a href="#Pg145" class="tei tei-ref" style="text-align: left">145</a>, <a href="#Pg147" class="tei tei-ref" style="text-align: left">147</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">adequacy of, <a href="#Pg035" class="tei tei-ref" style="text-align: left">35</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">adopting clause of, <a href="#Pg131" class="tei tei-ref" style="text-align: left">131</a>, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>, <a href="#Pg362" class="tei tei-ref" style="text-align: left">362</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">advantages of, <a href="#Pg021" class="tei tei-ref" style="text-align: left">21</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">amendment of, <a href="#Pg044" class="tei tei-ref" style="text-align: left">44</a>, <a href="#Pg100" class="tei tei-ref" style="text-align: left">100</a>, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>, <a href="#Pg200" class="tei tei-ref" style="text-align: left">200</a>, <a href="#Pg233" class="tei tei-ref" style="text-align: left">233</a>, <a href="#Pg251" class="tei tei-ref" style="text-align: left">251</a>, <a href="#Pg284" class="tei tei-ref" style="text-align: left">284</a>, <a href="#Pg334" class="tei tei-ref" style="text-align: left">334</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">attempts to surprise the people with, <a href="#Pg327" class="tei tei-ref" style="text-align: left">327</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">character of opposers of, <a href="#Pg011" class="tei tei-ref" style="text-align: left">11</a>, <a href="#Pg143" class="tei tei-ref" style="text-align: left">143</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">comparison of, <a href="#Pg339" class="tei tei-ref" style="text-align: left">339</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">with constitution of N. Y., <a href="#Pg297" class="tei tei-ref" style="text-align: left">297</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">with English, <a href="#Pg381" class="tei tei-ref" style="text-align: left">381</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">consolidating tendencies of, <a href="#Pg065" class="tei tei-ref" style="text-align: left">65</a>, <a href="#Pg069" class="tei tei-ref" style="text-align: left">69</a>, <a href="#Pg070" class="tei tei-ref" style="text-align: left">70</a>, <a href="#Pg158" class="tei tei-ref" style="text-align: left">158</a>, <a href="#Pg258" class="tei tei-ref" style="text-align: left">258</a>, <a href="#Pg297" class="tei tei-ref" style="text-align: left">297</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">construction of, <a href="#Pg043" class="tei tei-ref" style="text-align: left">43</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">objections to, <a href="#Pg025" class="tei tei-ref" style="text-align: left">25</a>, <a href="#Pg053" class="tei tei-ref" style="text-align: left">53</a>, <a href="#Pg132" class="tei tei-ref" style="text-align: left">132</a>, <a href="#Pg151" class="tei tei-ref" style="text-align: left">151</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">definition of, <a href="#Pg116" class="tei tei-ref" style="text-align: left">116</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">despotic power of, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">effect of, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">excellence of language of, <a href="#Pg156" class="tei tei-ref" style="text-align: left">156</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">expense of, <a href="#Pg060" class="tei tei-ref" style="text-align: left">60</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">general clauses of, <a href="#Pg083" class="tei tei-ref" style="text-align: left">83</a>, <a href="#Pg096" class="tei tei-ref" style="text-align: left">96</a>, <a href="#Pg119" class="tei tei-ref" style="text-align: left">119</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">importance of, <a href="#Pg248" class="tei tei-ref" style="text-align: left">248</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">judicial power under, <a href="#Pg039" class="tei tei-ref" style="text-align: left">39</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">laws made under, <a href="#Pg360" class="tei tei-ref" style="text-align: left">360</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">merits of, <a href="#Pg027" class="tei tei-ref" style="text-align: left">27</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">new powers granted by, <a href="#Pg238" class="tei tei-ref" style="text-align: left">238</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers under, <a href="#Pg153" class="tei tei-ref" style="text-align: left">153</a>, <a href="#Pg156" class="tei tei-ref" style="text-align: left">156</a>, <a href="#Pg163" class="tei tei-ref" style="text-align: left">163</a>, <a href="#Pg220" class="tei tei-ref" style="text-align: left">220</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">opposition to, <a href="#Pg039" class="tei tei-ref" style="text-align: left">39</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">preamble of, <a href="#Pg208" class="tei tei-ref" style="text-align: left">208</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">reasons for not submitting to state legislature, <a href="#Pg139" class="tei tei-ref" style="text-align: left">139</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">reception of, <a href="#Pg009" class="tei tei-ref" style="text-align: left">9</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">rejection of, <a href="#Pg100" class="tei tei-ref" style="text-align: left">100</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">remarks on, <a href="#Pg237" class="tei tei-ref" style="text-align: left">237</a>, <a href="#Pg395" class="tei tei-ref" style="text-align: left">395</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">supreme law of the land, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">want of explicitness in, <a href="#Pg155" class="tei tei-ref" style="text-align: left">155</a>, <a href="#Pg260" class="tei tei-ref" style="text-align: left">260</a>, <a href="#Pg265" class="tei tei-ref" style="text-align: left">265</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">should be tried before amending, <a href="#Pg235" class="tei tei-ref" style="text-align: left">235</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">writers against, <a href="#Pg012" class="tei tei-ref" style="text-align: left">12</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Convention, Federal, <a href="#Pg238" class="tei tei-ref" style="text-align: left">238</a>, <a href="#Pg247" class="tei tei-ref" style="text-align: left">247</a>, <a href="#Pg284" class="tei tei-ref" style="text-align: left">284</a>, <a href="#Pg287" class="tei tei-ref" style="text-align: left">287</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">appeals to the people, <a href="#Pg140" class="tei tei-ref" style="text-align: left">140</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">character of the members of, <a href="#Pg020" class="tei tei-ref" style="text-align: left">20</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">committees of, <a href="#Pg348" class="tei tei-ref" style="text-align: left">348</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">dissenting members of, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">harmony of, <a href="#Pg191" class="tei tei-ref" style="text-align: left">191</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">ignorance of the members of, <a href="#Pg022" class="tei tei-ref" style="text-align: left">22</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">illegal action of, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">irritated condition of, <a href="#Pg367" class="tei tei-ref" style="text-align: left">367</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">journals of, <a href="#Pg347" class="tei tei-ref" style="text-align: left">347</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">large vs. small states in, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">meetings of, <a href="#Pg345" class="tei tei-ref" style="text-align: left">345</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">meetings of members of, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">object of, <a href="#Pg035" class="tei tei-ref" style="text-align: left">35</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of, <a href="#Pg252" class="tei tei-ref" style="text-align: left">252</a>, <a href="#Pg290" class="tei tei-ref" style="text-align: left">290</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">proceedings in, <a href="#Pg130" class="tei tei-ref" style="text-align: left">130</a>, <a href="#Pg174" class="tei tei-ref" style="text-align: left">174</a>, <a href="#Pg183" class="tei tei-ref" style="text-align: left">183</a>, <a href="#Pg341" class="tei tei-ref" style="text-align: left">341</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">secrecy of, <a href="#Pg252" class="tei tei-ref" style="text-align: left">252</a>, <a href="#Pg298" class="tei tei-ref" style="text-align: left">298</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">spirit of, <a href="#Pg167" class="tei tei-ref" style="text-align: left">167</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">wisdom of, <a href="#Pg252" class="tei tei-ref" style="text-align: left">252</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Convention, second, <a href="#Pg062" class="tei tei-ref" style="text-align: left">62</a>, <a href="#Pg235" class="tei tei-ref" style="text-align: left">235</a>, <a href="#Pg375" class="tei tei-ref" style="text-align: left">375</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Council, lack of, <a href="#Pg162" class="tei tei-ref" style="text-align: left">162</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Countryman, A,”</span> pseudonym of, <a href="#Pg211" class="tei tei-ref" style="text-align: left">211</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Courts, Federal, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>, <a href="#Pg040" class="tei tei-ref" style="text-align: left">40</a>, <a href="#Pg083" class="tei tei-ref" style="text-align: left">83</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Courts, State, <a href="#Pg054" class="tei tei-ref" style="text-align: left">54</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Coxe, Tench, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Credit, public, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>, <a href="#Pg197" class="tei tei-ref" style="text-align: left">197</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Creditors, public, <a href="#Pg060" class="tei tei-ref" style="text-align: left">60</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">justice to, <a href="#Pg035" class="tei tei-ref" style="text-align: left">35</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Criminal prosecution, laws for, <a href="#Pg067" class="tei tei-ref" style="text-align: left">67</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Daily Advertiser, <a href="#Pg250" class="tei tei-ref" style="text-align: left">250</a>, <a href="#Pg279" class="tei tei-ref" style="text-align: left">279</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Davie, William Richardson, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Debt, Continental, <a href="#Pg060" class="tei tei-ref" style="text-align: left">60</a>, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>, <a href="#Pg077" class="tei tei-ref" style="text-align: left">77</a>, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95</a>, <a href="#Pg097" class="tei tei-ref" style="text-align: left">97</a>, <a href="#Pg127" class="tei tei-ref" style="text-align: left">127</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Debtors, opposition of, to constitution, <a href="#Pg144" class="tei tei-ref" style="text-align: left">144</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Decius,”</span> pseudonym of, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Delaware, <a href="#Pg163" class="tei tei-ref" style="text-align: left">163</a>, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Dickinson, John, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Duer, William, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Duties, <a href="#Pg077" class="tei tei-ref" style="text-align: left">77</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Massachusetts' share of, <a href="#Pg084" class="tei tei-ref" style="text-align: left">84</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">paid by consumers, <a href="#Pg271" class="tei tei-ref" style="text-align: left">271</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">uniformity of, <a href="#Pg035" class="tei tei-ref" style="text-align: left">35</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Eastern states, carrying trade of, <a href="#Pg162" class="tei tei-ref" style="text-align: left">162</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Elections, <a href="#Pg116" class="tei tei-ref" style="text-align: left">116</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">frequency of, <a href="#Pg227" class="tei tei-ref" style="text-align: left">227</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">power of Congress over, <a href="#Pg030" class="tei tei-ref" style="text-align: left">30</a>, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>, <a href="#Pg276" class="tei tei-ref" style="text-align: left">276</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">provisions for, <a href="#Pg037" class="tei tei-ref" style="text-align: left">37</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Ellsworth, Oliver, <a href="#Pg135" class="tei tei-ref" style="text-align: left">135</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">England, laws of, against treason, <a href="#Pg042" class="tei tei-ref" style="text-align: left">42</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">religious freedom in, <a href="#Pg168" class="tei tei-ref" style="text-align: left">168</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Europe, governments of, <a href="#Pg256" class="tei tei-ref" style="text-align: left">256</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">treaties with, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Examiner,”</span> pseudonym of, <a href="#Pg018" class="tei tei-ref" style="text-align: left">18</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Excise forbidden, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Executive, <a href="#Pg158" class="tei tei-ref" style="text-align: left">158</a>, <a href="#Pg260" class="tei tei-ref" style="text-align: left">260</a>, <a href="#Pg310" class="tei tei-ref" style="text-align: left">310</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">advice of, <a href="#Pg038" class="tei tei-ref" style="text-align: left">38</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">blended with legislative, <a href="#Pg240" class="tei tei-ref" style="text-align: left">240</a>, <a href="#Pg275" class="tei tei-ref" style="text-align: left">275</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">council for, <a href="#Pg163" class="tei tei-ref" style="text-align: left">163</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">impeachment of, <a href="#Pg039" class="tei tei-ref" style="text-align: left">39</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">ineligible, after service, <a href="#Pg234" class="tei tei-ref" style="text-align: left">234</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">may be a woman, <a href="#Pg319" class="tei tei-ref" style="text-align: left">319</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">method of electing, <a href="#Pg263" class="tei tei-ref" style="text-align: left">263</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">not specified, <a href="#Pg319" class="tei tei-ref" style="text-align: left">319</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">objections to, <a href="#Pg162" class="tei tei-ref" style="text-align: left">162</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of, <a href="#Pg039" class="tei tei-ref" style="text-align: left">39</a>, <a href="#Pg261" class="tei tei-ref" style="text-align: left">261</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">power over pardon, <a href="#Pg234" class="tei tei-ref" style="text-align: left">234</a>, <a href="#Pg240" class="tei tei-ref" style="text-align: left">240</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">power to convene Congress, <a href="#Pg275" class="tei tei-ref" style="text-align: left">275</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">re-eligibility of, <a href="#Pg354" class="tei tei-ref" style="text-align: left">354</a>, <a href="#Pg374" class="tei tei-ref" style="text-align: left">374</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">to be elected annually, <a href="#Pg119" class="tei tei-ref" style="text-align: left">119</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">under constitution, <a href="#Pg037" class="tei tei-ref" style="text-align: left">37</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">vote of, <a href="#Pg038" class="tei tei-ref" style="text-align: left">38</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">veto power of, <a href="#Pg034" class="tei tei-ref" style="text-align: left">34</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Ex post facto law, <a href="#Pg163" class="tei tei-ref" style="text-align: left">163</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Fabius,”</span> pseudonym of, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Federal Government, necessity for, <a href="#Pg141" class="tei tei-ref" style="text-align: left">141</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Federalists, aristocratic tendencies of, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a>.</div> +</div> + +<span class="tei tei-pb" id="page421">[pg 421]</span><a name="Pg421" id="Pg421" class="tei tei-anchor"></a> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Findley, William, <a href="#Pg100" class="tei tei-ref" style="text-align: left">100</a>, <a href="#Pg321" class="tei tei-ref" style="text-align: left">321</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Fisheries, <a href="#Pg194" class="tei tei-ref" style="text-align: left">194</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">power over, <a href="#Pg234" class="tei tei-ref" style="text-align: left">234</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Flax, <a href="#Pg202" class="tei tei-ref" style="text-align: left">202</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Foreign influence, <a href="#Pg103" class="tei tei-ref" style="text-align: left">103</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Foreign nations, intercourse with, <a href="#Pg080" class="tei tei-ref" style="text-align: left">80</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Forests, value of, <a href="#Pg194" class="tei tei-ref" style="text-align: left">194</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">France, public debt to, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Franchise, <a href="#Pg226" class="tei tei-ref" style="text-align: left">226</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Frankland, <a href="#Pg258" class="tei tei-ref" style="text-align: left">258</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Franklin, Benjamin, <a href="#Pg023" class="tei tei-ref" style="text-align: left">23</a>, <a href="#Pg026" class="tei tei-ref" style="text-align: left">26</a>, <a href="#Pg218" class="tei tei-ref" style="text-align: left">218</a>, <a href="#Pg321" class="tei tei-ref" style="text-align: left">321</a>, <a href="#Pg370" class="tei tei-ref" style="text-align: left">370</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Freeman,”</span> pseudonym of, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Friend to the Constitution,”</span> <a href="#Pg329" class="tei tei-ref" style="text-align: left">329</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Georgia, <a href="#Pg164" class="tei tei-ref" style="text-align: left">164</a>, <a href="#Pg190" class="tei tei-ref" style="text-align: left">190</a>, <a href="#Pg259" class="tei tei-ref" style="text-align: left">259</a>, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Gerry, Elbridge, <a href="#Pg025" class="tei tei-ref" style="text-align: left">25</a>, <a href="#Pg051" class="tei tei-ref" style="text-align: left">51</a>, <a href="#Pg053" class="tei tei-ref" style="text-align: left">53</a>, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>, <a href="#Pg123" class="tei tei-ref" style="text-align: left">123</a>, <a href="#Pg127" class="tei tei-ref" style="text-align: left">127</a>, <a href="#Pg130" class="tei tei-ref" style="text-align: left">130</a>, <a href="#Pg137" class="tei tei-ref" style="text-align: left">137</a>, <a href="#Pg161" class="tei tei-ref" style="text-align: left">161</a>, <a href="#Pg172" class="tei tei-ref" style="text-align: left">172</a>, <a href="#Pg182" class="tei tei-ref" style="text-align: left">182</a>, <a href="#Pg186" class="tei tei-ref" style="text-align: left">186</a>, <a href="#Pg339" class="tei tei-ref" style="text-align: left">339</a>, <a href="#Pg341" class="tei tei-ref" style="text-align: left">341</a>, <a href="#Pg350" class="tei tei-ref" style="text-align: left">350</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">conciliating conduct of, <a href="#Pg174" class="tei tei-ref" style="text-align: left">174</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">hypocrisy of, <a href="#Pg174" class="tei tei-ref" style="text-align: left">174</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">objections to constitutions, <a href="#Pg132" class="tei tei-ref" style="text-align: left">132</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">remarks on, <a href="#Pg150" class="tei tei-ref" style="text-align: left">150</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Goddard, William, <a href="#Pg341" class="tei tei-ref" style="text-align: left">341</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Government, divisions of, <a href="#Pg116" class="tei tei-ref" style="text-align: left">116</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">encroaching tendencies of, <a href="#Pg376" class="tei tei-ref" style="text-align: left">376</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">General and State linked, <a href="#Pg153" class="tei tei-ref" style="text-align: left">153</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Greek and Roman, <a href="#Pg055" class="tei tei-ref" style="text-align: left">55</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">importance, <a href="#Pg247" class="tei tei-ref" style="text-align: left">247</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">necessity of, to society, <a href="#Pg111" class="tei tei-ref" style="text-align: left">111</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">opposition to, <a href="#Pg024" class="tei tei-ref" style="text-align: left">24</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">a strong one necessary for liberty, <a href="#Pg147" class="tei tei-ref" style="text-align: left">147</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Great Britain, dangers from, <a href="#Pg190" class="tei tei-ref" style="text-align: left">190</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">resentment of, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Habeas corpus, suspension of, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Hamilton, Alexander, <a href="#Pg245" class="tei tei-ref" style="text-align: left">245</a>, <a href="#Pg279" class="tei tei-ref" style="text-align: left">279</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Hampshire Gazette, <a href="#Pg005" class="tei tei-ref" style="text-align: left">5</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Hancock, John, <a href="#Pg003" class="tei tei-ref" style="text-align: left">3</a>, <a href="#Pg005" class="tei tei-ref" style="text-align: left">5</a>, <a href="#Pg010" class="tei tei-ref" style="text-align: left">10</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Hanson, Alexander Contee, <a href="#Pg372" class="tei tei-ref" style="text-align: left">372</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Hartford, <a href="#Pg216" class="tei tei-ref" style="text-align: left">216</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Harvard College Library, <a href="#Pg040" class="tei tei-ref" style="text-align: left">40</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Holland, public debt due, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Hopkinson, Francis, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Humphrey's Mercury, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Impeachment, <a href="#Pg039" class="tei tei-ref" style="text-align: left">39</a>, <a href="#Pg233" class="tei tei-ref" style="text-align: left">233</a>, <a href="#Pg312" class="tei tei-ref" style="text-align: left">312</a>, <a href="#Pg391" class="tei tei-ref" style="text-align: left">391</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Massachusetts, <a href="#Pg041" class="tei tei-ref" style="text-align: left">41</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">methods of, <a href="#Pg030" class="tei tei-ref" style="text-align: left">30</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of Senate in, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Independent Chronicle, <a href="#Pg005" class="tei tei-ref" style="text-align: left">5</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Independent Gazetteer, <a href="#Pg218" class="tei tei-ref" style="text-align: left">218</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">India, trade with, <a href="#Pg109" class="tei tei-ref" style="text-align: left">109</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Indian affairs, <a href="#Pg301" class="tei tei-ref" style="text-align: left">301</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">lands, <a href="#Pg300" class="tei tei-ref" style="text-align: left">300</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Iredell, James, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Jay, John, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Judiciary, <a href="#Pg054" class="tei tei-ref" style="text-align: left">54</a>, <a href="#Pg159" class="tei tei-ref" style="text-align: left">159</a>, <a href="#Pg235" class="tei tei-ref" style="text-align: left">235</a>, <a href="#Pg241" class="tei tei-ref" style="text-align: left">241</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">appeals to, <a href="#Pg130" class="tei tei-ref" style="text-align: left">130</a>, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>, <a href="#Pg361" class="tei tei-ref" style="text-align: left">361</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">appointment of, <a href="#Pg069" class="tei tei-ref" style="text-align: left">69</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">dangers from, <a href="#Pg066" class="tei tei-ref" style="text-align: left">66</a>, <a href="#Pg164" class="tei tei-ref" style="text-align: left">164</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">federal, <a href="#Pg083" class="tei tei-ref" style="text-align: left">83</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">limits of <a href="#Pg067" class="tei tei-ref" style="text-align: left">67</a>, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">national, <a href="#Pg309" class="tei tei-ref" style="text-align: left">309</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">oppressiveness of, <a href="#Pg159" class="tei tei-ref" style="text-align: left">159</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of, <a href="#Pg096" class="tei tei-ref" style="text-align: left">96</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">restrictions on federal, <a href="#Pg119" class="tei tei-ref" style="text-align: left">119</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">state, <a href="#Pg241" class="tei tei-ref" style="text-align: left">241</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Junius,”</span> pseudonym of, <a href="#Pg051" class="tei tei-ref" style="text-align: left">51</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Jury, trial by, <a href="#Pg041" class="tei tei-ref" style="text-align: left">41</a>, <a href="#Pg131" class="tei tei-ref" style="text-align: left">131</a>, <a href="#Pg308" class="tei tei-ref" style="text-align: left">308</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Kempis, O'Flanagan,”</span> pseudonym of, <a href="#Pg051" class="tei tei-ref" style="text-align: left">51</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Lamb, John, <a href="#Pg173" class="tei tei-ref" style="text-align: left">173</a>, <a href="#Pg245" class="tei tei-ref" style="text-align: left">245</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Landholder, A,”</span> <a href="#Pg129" class="tei tei-ref" style="text-align: left">129</a>, <a href="#Pg135" class="tei tei-ref" style="text-align: left">135</a>, <a href="#Pg205" class="tei tei-ref" style="text-align: left">205</a>, <a href="#Pg339" class="tei tei-ref" style="text-align: left">339</a>, <a href="#Pg344" class="tei tei-ref" style="text-align: left">344</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">replies to, <a href="#Pg123" class="tei tei-ref" style="text-align: left">123</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Land grants, power of courts over, <a href="#Pg075" class="tei tei-ref" style="text-align: left">75</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Lands, western, <a href="#Pg060" class="tei tei-ref" style="text-align: left">60</a>, <a href="#Pg063" class="tei tei-ref" style="text-align: left">63</a>, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Lansing, John, Jr., <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Lee, Gen. Charles, <a href="#Pg161" class="tei tei-ref" style="text-align: left">161</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Lee, Henry, <a href="#Pg162" class="tei tei-ref" style="text-align: left">162</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Lee, Richard Henry, <a href="#Pg161" class="tei tei-ref" style="text-align: left">161</a>, <a href="#Pg177" class="tei tei-ref" style="text-align: left">177</a>, <a href="#Pg390" class="tei tei-ref" style="text-align: left">390</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Liberty of the press, <a href="#Pg365" class="tei tei-ref" style="text-align: left">365</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Locke, <a href="#Pg257" class="tei tei-ref" style="text-align: left">257</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Loyalists, opposition of, to constitution, <a href="#Pg143" class="tei tei-ref" style="text-align: left">143</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">M'Henry, James, <a href="#Pg131" class="tei tei-ref" style="text-align: left">131</a>, <a href="#Pg187" class="tei tei-ref" style="text-align: left">187</a>, <a href="#Pg347" class="tei tei-ref" style="text-align: left">347</a>, <a href="#Pg350" class="tei tei-ref" style="text-align: left">350</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">McKean, Thomas, <a href="#Pg090" class="tei tei-ref" style="text-align: left">90</a>, <a href="#Pg100" class="tei tei-ref" style="text-align: left">100</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">McKnight, Dr. Charles, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">MacLaughlin, Neil, <a href="#Pg321" class="tei tei-ref" style="text-align: left">321</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Madison, <a href="#Pg162" class="tei tei-ref" style="text-align: left">162</a>, <a href="#Pg231" class="tei tei-ref" style="text-align: left">231</a>, <a href="#Pg325" class="tei tei-ref" style="text-align: left">325</a>, <a href="#Pg387" class="tei tei-ref" style="text-align: left">387</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Magna Charta, <a href="#Pg219" class="tei tei-ref" style="text-align: left">219</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Maine, secession of, <a href="#Pg257" class="tei tei-ref" style="text-align: left">257</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Manufactures in America, <a href="#Pg201" class="tei tei-ref" style="text-align: left">201</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Marcus,”</span> pseudonym of, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Martin, Luther, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>, <a href="#Pg130" class="tei tei-ref" style="text-align: left">130</a>, <a href="#Pg137" class="tei tei-ref" style="text-align: left">137</a>, <a href="#Pg182" class="tei tei-ref" style="text-align: left">182</a>, <a href="#Pg185" class="tei tei-ref" style="text-align: left">185</a>, <a href="#Pg337" class="tei tei-ref" style="text-align: left">337</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Maryland, <a href="#Pg188" class="tei tei-ref" style="text-align: left">188</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">convention, <a href="#Pg327" class="tei tei-ref" style="text-align: left">327</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Legislature, petition to, <a href="#Pg334" class="tei tei-ref" style="text-align: left">334</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Maryland Journal, <a href="#Pg182" class="tei tei-ref" style="text-align: left">182</a>, <a href="#Pg323" class="tei tei-ref" style="text-align: left">323</a>, <a href="#Pg329" class="tei tei-ref" style="text-align: left">329</a>, <a href="#Pg337" class="tei tei-ref" style="text-align: left">337</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Mason, George, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>, <a href="#Pg161" class="tei tei-ref" style="text-align: left">161</a>, <a href="#Pg164" class="tei tei-ref" style="text-align: left">164</a>, <a href="#Pg165" class="tei tei-ref" style="text-align: left">165</a>, <a href="#Pg172" class="tei tei-ref" style="text-align: left">172</a>, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Massachusetts, <a href="#Pg258" class="tei tei-ref" style="text-align: left">258</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Constitution of, <a href="#Pg016" class="tei tei-ref" style="text-align: left">16</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">convention, <a href="#Pg105" class="tei tei-ref" style="text-align: left">105</a>, <a href="#Pg187" class="tei tei-ref" style="text-align: left">187</a>, <a href="#Pg349" class="tei tei-ref" style="text-align: left">349</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">proposed resolution for, <a href="#Pg084" class="tei tei-ref" style="text-align: left">84</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">debt of, <a href="#Pg060" class="tei tei-ref" style="text-align: left">60</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">delegates from, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">disadvantages of government for, <a href="#Pg102" class="tei tei-ref" style="text-align: left">102</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">early history of, <a href="#Pg056" class="tei tei-ref" style="text-align: left">56</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">feebleness of, <a href="#Pg257" class="tei tei-ref" style="text-align: left">257</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">impeachment in, <a href="#Pg030" class="tei tei-ref" style="text-align: left">30</a>, <a href="#Pg041" class="tei tei-ref" style="text-align: left">41</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Legislature, action on constitution of, <a href="#Pg017" class="tei tei-ref" style="text-align: left">17</a>;</div> +<span class="tei tei-pb" id="page422">[pg 422]</span><a name="Pg422" id="Pg422" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">means of taxation of, <a href="#Pg013" class="tei tei-ref" style="text-align: left">13</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">origin of opposition in, <a href="#Pg176" class="tei tei-ref" style="text-align: left">176</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">plan to aggrandize, <a href="#Pg182" class="tei tei-ref" style="text-align: left">182</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">position of, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">public lands of, <a href="#Pg063" class="tei tei-ref" style="text-align: left">63</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">share of the Continental debt, <a href="#Pg077" class="tei tei-ref" style="text-align: left">77</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">taxation in, <a href="#Pg074" class="tei tei-ref" style="text-align: left">74</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">tender law of, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>, <a href="#Pg059" class="tei tei-ref" style="text-align: left">59</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">warning to, <a href="#Pg010" class="tei tei-ref" style="text-align: left">10</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Massachusetts Centinel, <a href="#Pg003" class="tei tei-ref" style="text-align: left">3</a>, <a href="#Pg123" class="tei tei-ref" style="text-align: left">123</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Massachusetts Gazette, <a href="#Pg001" class="tei tei-ref" style="text-align: left">1</a>, <a href="#Pg012" class="tei tei-ref" style="text-align: left">12</a>, <a href="#Pg018" class="tei tei-ref" style="text-align: left">18</a>, <a href="#Pg049" class="tei tei-ref" style="text-align: left">49</a>, <a href="#Pg051" class="tei tei-ref" style="text-align: left">51</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Mercer, James Francis, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Militia, <a href="#Pg358" class="tei tei-ref" style="text-align: left">358</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of Congress over, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">power over, <a href="#Pg342" class="tei tei-ref" style="text-align: left">342</a>, <a href="#Pg354" class="tei tei-ref" style="text-align: left">354</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">State control of, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Minority, powers of, <a href="#Pg033" class="tei tei-ref" style="text-align: left">33</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Monarchy, small danger of, <a href="#Pg165" class="tei tei-ref" style="text-align: left">165</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Money, receipts and expenditures of public, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Monopolies, power of Congress to create, <a href="#Pg070" class="tei tei-ref" style="text-align: left">70</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">prevention of, <a href="#Pg080" class="tei tei-ref" style="text-align: left">80</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Montesquieu, <a href="#Pg256" class="tei tei-ref" style="text-align: left">256</a>, <a href="#Pg261" class="tei tei-ref" style="text-align: left">261</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Nails, manufacture of, <a href="#Pg202" class="tei tei-ref" style="text-align: left">202</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Naturalization, <a href="#Pg313" class="tei tei-ref" style="text-align: left">313</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of Congress over, <a href="#Pg079" class="tei tei-ref" style="text-align: left">79</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Navigation act, <a href="#Pg161" class="tei tei-ref" style="text-align: left">161</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">motion against, <a href="#Pg173" class="tei tei-ref" style="text-align: left">173</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">right to make, <a href="#Pg234" class="tei tei-ref" style="text-align: left">234</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Netherlands, condition of, <a href="#Pg249" class="tei tei-ref" style="text-align: left">249</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">New England, manufactures of, <a href="#Pg201" class="tei tei-ref" style="text-align: left">201</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">New Hampshire, <a href="#Pg189" class="tei tei-ref" style="text-align: left">189</a>, <a href="#Pg259" class="tei tei-ref" style="text-align: left">259</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">interest of, <a href="#Pg190" class="tei tei-ref" style="text-align: left">190</a>, <a href="#Pg192" class="tei tei-ref" style="text-align: left">192</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">lands in, <a href="#Pg075" class="tei tei-ref" style="text-align: left">75</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">New Haven, <a href="#Pg216" class="tei tei-ref" style="text-align: left">216</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">New Haven Gazette, <a href="#Pg211" class="tei tei-ref" style="text-align: left">211</a>, <a href="#Pg229" class="tei tei-ref" style="text-align: left">229</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">New Jersey, <a href="#Pg183" class="tei tei-ref" style="text-align: left">183</a>, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">New Spain, dangers from, <a href="#Pg157" class="tei tei-ref" style="text-align: left">157</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Newspapers, scribblers in, <a href="#Pg025" class="tei tei-ref" style="text-align: left">25</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">New York against constitution, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Assembly, <a href="#Pg245" class="tei tei-ref" style="text-align: left">245</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">colonial parties, <a href="#Pg306" class="tei tei-ref" style="text-align: left">306</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">constitution of, <a href="#Pg297" class="tei tei-ref" style="text-align: left">297</a>, <a href="#Pg299" class="tei tei-ref" style="text-align: left">299</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">violation of, <a href="#Pg301" class="tei tei-ref" style="text-align: left">301</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">draft of a constitution for, <a href="#Pg307" class="tei tei-ref" style="text-align: left">307</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">impost of, <a href="#Pg173" class="tei tei-ref" style="text-align: left">173</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">opposition in, <a href="#Pg176" class="tei tei-ref" style="text-align: left">176</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">proposed property qualification in, <a href="#Pg307" class="tei tei-ref" style="text-align: left">307</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">State convention of 1776, <a href="#Pg298" class="tei tei-ref" style="text-align: left">298</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">State debt of, <a href="#Pg060" class="tei tei-ref" style="text-align: left">60</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Executive, <a href="#Pg310" class="tei tei-ref" style="text-align: left">310</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">taxation in, <a href="#Pg074" class="tei tei-ref" style="text-align: left">74</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">tribute from Connecticut to, <a href="#Pg180" class="tei tei-ref" style="text-align: left">180</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">New York Journal, <a href="#Pg125" class="tei tei-ref" style="text-align: left">125</a>, <a href="#Pg243" class="tei tei-ref" style="text-align: left">243</a>, <a href="#Pg269" class="tei tei-ref" style="text-align: left">269</a>, <a href="#Pg293" class="tei tei-ref" style="text-align: left">293</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Nicholas, John, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">North Carolina, <a href="#Pg258" class="tei tei-ref" style="text-align: left">258</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">North Carolina, State Gazette of, <a href="#Pg395" class="tei tei-ref" style="text-align: left">395</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Northern States, character of people of, <a href="#Pg092" class="tei tei-ref" style="text-align: left">92</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Nova Scotia, <a href="#Pg191" class="tei tei-ref" style="text-align: left">191</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">condition of, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Numa,”</span> pseudonym of, <a href="#Pg005" class="tei tei-ref" style="text-align: left">5</a>, <a href="#Pg010" class="tei tei-ref" style="text-align: left">10</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Oath, <a href="#Pg207" class="tei tei-ref" style="text-align: left">207</a>, <a href="#Pg369" class="tei tei-ref" style="text-align: left">369</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">character of, <a href="#Pg017" class="tei tei-ref" style="text-align: left">17</a>, <a href="#Pg168" class="tei tei-ref" style="text-align: left">168</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of President, <a href="#Pg038" class="tei tei-ref" style="text-align: left">38</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Ocrico,”</span> pseudonym of, <a href="#Pg052" class="tei tei-ref" style="text-align: left">52</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Officers, federal, privileges of, <a href="#Pg119" class="tei tei-ref" style="text-align: left">119</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Office holders, <a href="#Pg145" class="tei tei-ref" style="text-align: left">145</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">multiplication of, <a href="#Pg088" class="tei tei-ref" style="text-align: left">88</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Officer of the Continental Army,”</span> pseudonym of, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Old Fog,”</span> pseudonym of, <a href="#Pg003" class="tei tei-ref" style="text-align: left">3</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Paper money, <a href="#Pg127" class="tei tei-ref" style="text-align: left">127</a>, <a href="#Pg131" class="tei tei-ref" style="text-align: left">131</a>, <a href="#Pg196" class="tei tei-ref" style="text-align: left">196</a>, <a href="#Pg341" class="tei tei-ref" style="text-align: left">341</a>, <a href="#Pg348" class="tei tei-ref" style="text-align: left">348</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">motion to redeem, <a href="#Pg174" class="tei tei-ref" style="text-align: left">174</a>, <a href="#Pg186" class="tei tei-ref" style="text-align: left">186</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">states to emit, <a href="#Pg119" class="tei tei-ref" style="text-align: left">119</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Parties, colonial, <a href="#Pg306" class="tei tei-ref" style="text-align: left">306</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">People, dangers from, <a href="#Pg179" class="tei tei-ref" style="text-align: left">179</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">not to elect representatives, <a href="#Pg183" class="tei tei-ref" style="text-align: left">183</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">rights of, <a href="#Pg115" class="tei tei-ref" style="text-align: left">115</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Pennsylvania, <a href="#Pg369" class="tei tei-ref" style="text-align: left">369</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Assembly, <a href="#Pg053" class="tei tei-ref" style="text-align: left">53</a>, <a href="#Pg369" class="tei tei-ref" style="text-align: left">369</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Convention of, <a href="#Pg090" class="tei tei-ref" style="text-align: left">90</a>, <a href="#Pg100" class="tei tei-ref" style="text-align: left">100</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">future seat of government, <a href="#Pg098" class="tei tei-ref" style="text-align: left">98</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">naturalization in, <a href="#Pg079" class="tei tei-ref" style="text-align: left">79</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">opposition in, <a href="#Pg176" class="tei tei-ref" style="text-align: left">176</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Pennsylvania Gazette, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Pennsylvanian,”</span> pseudonym of, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Philadelphiensis,”</span> pseudonym of, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Philo-Publius,”</span> pseudonym of, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Pinckney, C. C., <a href="#Pg183" class="tei tei-ref" style="text-align: left">183</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Pinckney, Charles, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Pittsburg Gazette, <a href="#Pg317" class="tei tei-ref" style="text-align: left">317</a>, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Plain Dealer, A,”</span> pseudonym of, <a href="#Pg385" class="tei tei-ref" style="text-align: left">385</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Poll tax, <a href="#Pg272" class="tei tei-ref" style="text-align: left">272</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">forbidden, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Population, destiny of, <a href="#Pg193" class="tei tei-ref" style="text-align: left">193</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Press, liberty of, <a href="#Pg164" class="tei tei-ref" style="text-align: left">164</a>, <a href="#Pg239" class="tei tei-ref" style="text-align: left">239</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Prices, depressed state of, <a href="#Pg142" class="tei tei-ref" style="text-align: left">142</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Private opinion, freedom of, <a href="#Pg170" class="tei tei-ref" style="text-align: left">170</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Publicola,”</span> pseudonym of, <a href="#Pg415" class="tei tei-ref" style="text-align: left">415</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Publius,”</span> pseudonym of, <a href="#Pg145" class="tei tei-ref" style="text-align: left">145</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Quorum, dangers from, <a href="#Pg032" class="tei tei-ref" style="text-align: left">32</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of, <a href="#Pg033" class="tei tei-ref" style="text-align: left">33</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Randolph, Edmund, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>, <a href="#Pg231" class="tei tei-ref" style="text-align: left">231</a>, <a href="#Pg346" class="tei tei-ref" style="text-align: left">346</a>, <a href="#Pg387" class="tei tei-ref" style="text-align: left">387</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Randolph, Thomas Mann, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Religion, freedom of, <a href="#Pg168" class="tei tei-ref" style="text-align: left">168</a>, <a href="#Pg313" class="tei tei-ref" style="text-align: left">313</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">misuse of, <a href="#Pg008" class="tei tei-ref" style="text-align: left">8</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Religious test, <a href="#Pg207" class="tei tei-ref" style="text-align: left">207</a>, <a href="#Pg235" class="tei tei-ref" style="text-align: left">235</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">nature of, <a href="#Pg169" class="tei tei-ref" style="text-align: left">169</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">necessity of, <a href="#Pg168" class="tei tei-ref" style="text-align: left">168</a>.</div> +</div> + +<span class="tei tei-pb" id="page423">[pg 423]</span><a name="Pg423" id="Pg423" class="tei tei-anchor"></a> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Representation, <a href="#Pg054" class="tei tei-ref" style="text-align: left">54</a>, <a href="#Pg269" class="tei tei-ref" style="text-align: left">269</a>, <a href="#Pg391" class="tei tei-ref" style="text-align: left">391</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">best mode of, <a href="#Pg151" class="tei tei-ref" style="text-align: left">151</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">difference of opinion concerning, <a href="#Pg354" class="tei tei-ref" style="text-align: left">354</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">smallness of, <a href="#Pg236" class="tei tei-ref" style="text-align: left">236</a>, <a href="#Pg240" class="tei tei-ref" style="text-align: left">240</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">want of, <a href="#Pg151" class="tei tei-ref" style="text-align: left">151</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Representatives, House of, <a href="#Pg054" class="tei tei-ref" style="text-align: left">54</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">electors of, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">insufficiency of, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">length of residence necessary, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">method of choosing, <a href="#Pg152" class="tei tei-ref" style="text-align: left">152</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">method of electing, <a href="#Pg027" class="tei tei-ref" style="text-align: left">27</a>, <a href="#Pg357" class="tei tei-ref" style="text-align: left">357</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">people should not elect, <a href="#Pg183" class="tei tei-ref" style="text-align: left">183</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">term of, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">weakness of, <a href="#Pg273" class="tei tei-ref" style="text-align: left">273</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Republics, Greek and Roman, <a href="#Pg094" class="tei tei-ref" style="text-align: left">94</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Republican Federalist,”</span> pseudonym of, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Republican government, guarantee of, <a href="#Pg043" class="tei tei-ref" style="text-align: left">43</a>, <a href="#Pg106" class="tei tei-ref" style="text-align: left">106</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Revenue bills, origination of, <a href="#Pg034" class="tei tei-ref" style="text-align: left">34</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Revenue, method of collecting, <a href="#Pg193" class="tei tei-ref" style="text-align: left">193</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Massachusetts' share of, <a href="#Pg102" class="tei tei-ref" style="text-align: left">102</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">sources of, <a href="#Pg239" class="tei tei-ref" style="text-align: left">239</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Revolution, the American, <a href="#Pg146" class="tei tei-ref" style="text-align: left">146</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Rhode Island, <a href="#Pg105" class="tei tei-ref" style="text-align: left">105</a>, <a href="#Pg108" class="tei tei-ref" style="text-align: left">108</a>, <a href="#Pg115" class="tei tei-ref" style="text-align: left">115</a>, <a href="#Pg159" class="tei tei-ref" style="text-align: left">159</a>, <a href="#Pg196" class="tei tei-ref" style="text-align: left">196</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">junto in, <a href="#Pg153" class="tei tei-ref" style="text-align: left">153</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">legislature of, <a href="#Pg031" class="tei tei-ref" style="text-align: left">31</a>, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Rights, delegated, <a href="#Pg113" class="tei tei-ref" style="text-align: left">113</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Roane, Spencer, <a href="#Pg385" class="tei tei-ref" style="text-align: left">385</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Russell, Benjamin, <a href="#Pg127" class="tei tei-ref" style="text-align: left">127</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Scotland, union with England, <a href="#Pg216" class="tei tei-ref" style="text-align: left">216</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Senate, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>, <a href="#Pg273" class="tei tei-ref" style="text-align: left">273</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">blended with Executive, <a href="#Pg275" class="tei tei-ref" style="text-align: left">275</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">method of choosing, <a href="#Pg153" class="tei tei-ref" style="text-align: left">153</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">officers of, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of impeachment, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">treaty power of, <a href="#Pg165" class="tei tei-ref" style="text-align: left">165</a>, <a href="#Pg274" class="tei tei-ref" style="text-align: left">274</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">unspecified character of, <a href="#Pg319" class="tei tei-ref" style="text-align: left">319</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Shay's Rebellion, <a href="#Pg005" class="tei tei-ref" style="text-align: left">5</a>, <a href="#Pg013" class="tei tei-ref" style="text-align: left">13</a>, <a href="#Pg057" class="tei tei-ref" style="text-align: left">57</a>, <a href="#Pg072" class="tei tei-ref" style="text-align: left">72</a>, <a href="#Pg157" class="tei tei-ref" style="text-align: left">157</a>, <a href="#Pg159" class="tei tei-ref" style="text-align: left">159</a>, <a href="#Pg257" class="tei tei-ref" style="text-align: left">257</a>, <a href="#Pg391" class="tei tei-ref" style="text-align: left">391</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Sheep raising, <a href="#Pg201" class="tei tei-ref" style="text-align: left">201</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Sherman, Roger, <a href="#Pg183" class="tei tei-ref" style="text-align: left">183</a>, <a href="#Pg211" class="tei tei-ref" style="text-align: left">211</a>, <a href="#Pg229" class="tei tei-ref" style="text-align: left">229</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Shipbuilding, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>, <a href="#Pg194" class="tei tei-ref" style="text-align: left">194</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">carpenters, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Slavery, <a href="#Pg258" class="tei tei-ref" style="text-align: left">258</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">responsibility for, <a href="#Pg163" class="tei tei-ref" style="text-align: left">163</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Slaves, importation of, <a href="#Pg163" class="tei tei-ref" style="text-align: left">163</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Smilie, John, <a href="#Pg100" class="tei tei-ref" style="text-align: left">100</a>, <a href="#Pg321" class="tei tei-ref" style="text-align: left">321</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Smith, Melancthon, <a href="#Pg173" class="tei tei-ref" style="text-align: left">173</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">South Carolina, <a href="#Pg164" class="tei tei-ref" style="text-align: left">164</a>, <a href="#Pg183" class="tei tei-ref" style="text-align: left">183</a>, <a href="#Pg265" class="tei tei-ref" style="text-align: left">265</a>, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">amendment of, <a href="#Pg235" class="tei tei-ref" style="text-align: left">235</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">representation in, <a href="#Pg108" class="tei tei-ref" style="text-align: left">108</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Southern States, character of people of <a href="#Pg092" class="tei tei-ref" style="text-align: left">92</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">objections to commercial powers, <a href="#Pg162" class="tei tei-ref" style="text-align: left">162</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Spectator,”</span> pseudonym of, <a href="#Pg326" class="tei tei-ref" style="text-align: left">326</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">States, coercion of, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">influences, <a href="#Pg297" class="tei tei-ref" style="text-align: left">297</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">courts, <a href="#Pg054" class="tei tei-ref" style="text-align: left">54</a>, <a href="#Pg159" class="tei tei-ref" style="text-align: left">159</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">absorption of, <a href="#Pg297" class="tei tei-ref" style="text-align: left">297</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">dangers to, <a href="#Pg153" class="tei tei-ref" style="text-align: left">153</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">destruction of, <a href="#Pg342" class="tei tei-ref" style="text-align: left">342</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of, <a href="#Pg098" class="tei tei-ref" style="text-align: left">98</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">negative on laws, <a href="#Pg360" class="tei tei-ref" style="text-align: left">360</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">legislatures, action of, on constitution, <a href="#Pg025" class="tei tei-ref" style="text-align: left">25</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Congress a check on, <a href="#Pg031" class="tei tei-ref" style="text-align: left">31</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">differences between Congress and, <a href="#Pg224" class="tei tei-ref" style="text-align: left">224</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of, <a href="#Pg152" class="tei tei-ref" style="text-align: left">152</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">power over elections, <a href="#Pg031" class="tei tei-ref" style="text-align: left">31</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">representation in, <a href="#Pg152" class="tei tei-ref" style="text-align: left">152</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">officers, dangers from, <a href="#Pg289" class="tei tei-ref" style="text-align: left">289</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">restrictions on, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">rights, <a href="#Pg068" class="tei tei-ref" style="text-align: left">68</a>, <a href="#Pg113" class="tei tei-ref" style="text-align: left">113</a>, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>, <a href="#Pg147" class="tei tei-ref" style="text-align: left">147</a>, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">admission of new, <a href="#Pg042" class="tei tei-ref" style="text-align: left">42</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">advantages of, <a href="#Pg066" class="tei tei-ref" style="text-align: left">66</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">bills of right valid in federal courts, <a href="#Pg119" class="tei tei-ref" style="text-align: left">119</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">consolidation of, <a href="#Pg097" class="tei tei-ref" style="text-align: left">97</a>, <a href="#Pg255" class="tei tei-ref" style="text-align: left">255</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">destruction of, <a href="#Pg375" class="tei tei-ref" style="text-align: left">375</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">disputes between, <a href="#Pg064" class="tei tei-ref" style="text-align: left">64</a>, <a href="#Pg100" class="tei tei-ref" style="text-align: left">100</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">equality of, in Senate, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">interest of, <a href="#Pg215" class="tei tei-ref" style="text-align: left">215</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">large vs. small, <a href="#Pg216" class="tei tei-ref" style="text-align: left">216</a>, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">number to organize government, <a href="#Pg184" class="tei tei-ref" style="text-align: left">184</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">rights to enforce laws of, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">State Gazette of North Carolina, <a href="#Pg395" class="tei tei-ref" style="text-align: left">395</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">State Gazette of South Carolina, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">State house, <a href="#Pg355" class="tei tei-ref" style="text-align: left">355</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“State Soldier,”</span> pseudonym of, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Steady and Open Republican,”</span> pseudonym of, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Steady,”</span> pseudonym of, <a href="#Pg326" class="tei tei-ref" style="text-align: left">326</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Strong, Caleb, <a href="#Pg105" class="tei tei-ref" style="text-align: left">105</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Sullivan, James, <a href="#Pg001" class="tei tei-ref" style="text-align: left">1</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Sydney,”</span> pseudonym of, <a href="#Pg269" class="tei tei-ref" style="text-align: left">269</a>, <a href="#Pg293" class="tei tei-ref" style="text-align: left">293</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Tax, poll, <a href="#Pg273" class="tei tei-ref" style="text-align: left">273</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Taxation, <a href="#Pg156" class="tei tei-ref" style="text-align: left">156</a>, <a href="#Pg193" class="tei tei-ref" style="text-align: left">193</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">dangers of, <a href="#Pg081" class="tei tei-ref" style="text-align: left">81</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">direct, <a href="#Pg235" class="tei tei-ref" style="text-align: left">235</a>, <a href="#Pg270" class="tei tei-ref" style="text-align: left">270</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">importance of, <a href="#Pg271" class="tei tei-ref" style="text-align: left">271</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Connecticut, <a href="#Pg148" class="tei tei-ref" style="text-align: left">148</a>, <a href="#Pg226" class="tei tei-ref" style="text-align: left">226</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">method of, <a href="#Pg077" class="tei tei-ref" style="text-align: left">77</a>, <a href="#Pg358" class="tei tei-ref" style="text-align: left">358</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of Congress over, <a href="#Pg097" class="tei tei-ref" style="text-align: left">97</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Tender acts, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>, <a href="#Pg059" class="tei tei-ref" style="text-align: left">59</a>, <a href="#Pg196" class="tei tei-ref" style="text-align: left">196</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Territory, right to alienate, <a href="#Pg080" class="tei tei-ref" style="text-align: left">80</a>, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>, <a href="#Pg234" class="tei tei-ref" style="text-align: left">234</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Test law, <a href="#Pg169" class="tei tei-ref" style="text-align: left">169</a>, <a href="#Pg171" class="tei tei-ref" style="text-align: left">171</a>, <a href="#Pg207" class="tei tei-ref" style="text-align: left">207</a>, <a href="#Pg235" class="tei tei-ref" style="text-align: left">235</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Town meetings, <a href="#Pg226" class="tei tei-ref" style="text-align: left">226</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Trade, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">condition of, <a href="#Pg140" class="tei tei-ref" style="text-align: left">140</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">congressional control over, <a href="#Pg161" class="tei tei-ref" style="text-align: left">161</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">foreign, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">limitations of, <a href="#Pg054" class="tei tei-ref" style="text-align: left">54</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Massachusetts' advantage for, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">powers of Congress over, <a href="#Pg079" class="tei tei-ref" style="text-align: left">79</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">regulation of, <a href="#Pg070" class="tei tei-ref" style="text-align: left">70</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Trading companies, <a href="#Pg070" class="tei tei-ref" style="text-align: left">70</a>, <a href="#Pg109" class="tei tei-ref" style="text-align: left">109</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">forbidden, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>.</div> +</div> + +<span class="tei tei-pb" id="page424">[pg 424]</span><a name="Pg424" id="Pg424" class="tei tei-anchor"></a> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Treason, punishment of, <a href="#Pg041" class="tei tei-ref" style="text-align: left">41</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Treaty power, dangers from, <a href="#Pg165" class="tei tei-ref" style="text-align: left">165</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Treaties, law of the land, <a href="#Pg024" class="tei tei-ref" style="text-align: left">24</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">with Europe, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Tucker, St. George, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">United States, an agricultural country, <a href="#Pg200" class="tei tei-ref" style="text-align: left">200</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">condition of, <a href="#Pg081" class="tei tei-ref" style="text-align: left">81</a>, <a href="#Pg121" class="tei tei-ref" style="text-align: left">121</a>, <a href="#Pg158" class="tei tei-ref" style="text-align: left">158</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">dangers to, <a href="#Pg178" class="tei tei-ref" style="text-align: left">178</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">differences between the inhabitants of, <a href="#Pg091" class="tei tei-ref" style="text-align: left">91</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">too large for government, <a href="#Pg257" class="tei tei-ref" style="text-align: left">257</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">tranquillity of, <a href="#Pg059" class="tei tei-ref" style="text-align: left">59</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Vermont, <a href="#Pg258" class="tei tei-ref" style="text-align: left">258</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Vice-president, <a href="#Pg240" class="tei tei-ref" style="text-align: left">240</a>, <a href="#Pg263" class="tei tei-ref" style="text-align: left">263</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">duties of, <a href="#Pg158" class="tei tei-ref" style="text-align: left">158</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Virginia, <a href="#Pg162" class="tei tei-ref" style="text-align: left">162</a>, <a href="#Pg390" class="tei tei-ref" style="text-align: left">390</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">house of delegates of, <a href="#Pg166" class="tei tei-ref" style="text-align: left">166</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">plan to aggrandize, <a href="#Pg182" class="tei tei-ref" style="text-align: left">182</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">qualifications of, <a href="#Pg306" class="tei tei-ref" style="text-align: left">306</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">method of, <a href="#Pg305" class="tei tei-ref" style="text-align: left">305</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">opposition in, <a href="#Pg176" class="tei tei-ref" style="text-align: left">176</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Virginia Gazette, <a href="#Pg387" class="tei tei-ref" style="text-align: left">387</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Virginia Independent Chronicle, <a href="#Pg385" class="tei tei-ref" style="text-align: left">385</a>, <a href="#Pg416" class="tei tei-ref" style="text-align: left">416</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“Vox Populi,”</span> pseudonym of, <a href="#Pg012" class="tei tei-ref" style="text-align: left">12</a>, <a href="#Pg016" class="tei tei-ref" style="text-align: left">16</a>, <a href="#Pg018" class="tei tei-ref" style="text-align: left">18</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Washington, George, <a href="#Pg023" class="tei tei-ref" style="text-align: left">23</a>, <a href="#Pg026" class="tei tei-ref" style="text-align: left">26</a>, <a href="#Pg161" class="tei tei-ref" style="text-align: left">161</a>, <a href="#Pg177" class="tei tei-ref" style="text-align: left">177</a>, <a href="#Pg218" class="tei tei-ref" style="text-align: left">218</a>, <a href="#Pg251" class="tei tei-ref" style="text-align: left">251</a>, <a href="#Pg254" class="tei tei-ref" style="text-align: left">254</a>, <a href="#Pg285" class="tei tei-ref" style="text-align: left">285</a>, <a href="#Pg321" class="tei tei-ref" style="text-align: left">321</a>, <a href="#Pg347" class="tei tei-ref" style="text-align: left">347</a>, <a href="#Pg370" class="tei tei-ref" style="text-align: left">370</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">West Indies, condition of, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Western territory, <a href="#Pg239" class="tei tei-ref" style="text-align: left">239</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Willetts, Marinus, <a href="#Pg173" class="tei tei-ref" style="text-align: left">173</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Williams, William, <a href="#Pg137" class="tei tei-ref" style="text-align: left">137</a>, <a href="#Pg168" class="tei tei-ref" style="text-align: left">168</a>, <a href="#Pg195" class="tei tei-ref" style="text-align: left">195</a>, <a href="#Pg202" class="tei tei-ref" style="text-align: left">202</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Williamson, Hugh, <a href="#Pg395" class="tei tei-ref" style="text-align: left">395</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Wilson, James, <a href="#Pg090" class="tei tei-ref" style="text-align: left">90</a>, <a href="#Pg096" class="tei tei-ref" style="text-align: left">96</a>, <a href="#Pg100" class="tei tei-ref" style="text-align: left">100</a>, <a href="#Pg112" class="tei tei-ref" style="text-align: left">112</a>, <a href="#Pg218" class="tei tei-ref" style="text-align: left">218</a>, <a href="#Pg335" class="tei tei-ref" style="text-align: left">335</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Winthrop, James, <a href="#Pg040" class="tei tei-ref" style="text-align: left">40</a>, <a href="#Pg049" class="tei tei-ref" style="text-align: left">49</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Woolen manufactures, <a href="#Pg201" class="tei tei-ref" style="text-align: left">201</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Workman, Benjamin, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Yates, Robert, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>, <a href="#Pg173" class="tei tei-ref" style="text-align: left">173</a>, <a href="#Pg269" class="tei tei-ref" style="text-align: left">269</a>, <a href="#Pg293" class="tei tei-ref" style="text-align: left">293</a>, <a href="#Pg417" class="tei tei-ref" style="text-align: left">417</a>.</div> +</div> + +</div> + +</div> +<hr class="doublepage" /><div class="tei tei-back" style="margin-bottom: 2.00em; margin-top: 6.00em"> + <div id="footnotes" class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <a name="toc41" id="toc41"></a> + <a name="pdf42" id="pdf42"></a> + <h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Footnotes</span></h1> + <dl class="tei tei-list-footnotes"><dt class="tei tei-notelabel"><a id="note_1" name="note_1" href="#noteref_1">1.</a></dt><dd class="tei tei-notetext">A writer then +attacking the Hancock party. See <span class="tei tei-hi"><span style="font-style: italic">The Independent Chronicle</span></span> for +Aug. 23, and Sept. 15, 20, 1787. <span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_2" name="note_2" href="#noteref_2">2.</a></dt><dd class="tei tei-notetext">Shay's +Rebellion. <span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_3" name="note_3" href="#noteref_3">3.</a></dt><dd class="tei tei-notetext">Massachusetts +newspapers published in Northampton and Boston. <span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_4" name="note_4" href="#noteref_4">4.</a></dt><dd class="tei tei-notetext">The +administration of Governor Bowdoin. <span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_5" name="note_5" href="#noteref_5">5.</a></dt><dd class="tei tei-notetext">The author of the productions under +the signature of Numa, it is said, is a gentleman +of the cloth, in one of the Western counties.</dd><dt class="tei tei-notelabel"><a id="note_6" name="note_6" href="#noteref_6">6.</a></dt><dd class="tei tei-notetext">John Hancock. +<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_7" name="note_7" href="#noteref_7">7.</a></dt><dd class="tei tei-notetext">A writer in +the <span class="tei tei-hi"><span style="font-style: italic">Massachusetts Gazette</span></span>, Oct. 30, Nov. 6, 13, 16, +and 23. <span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_8" name="note_8" href="#noteref_8">8.</a></dt><dd class="tei tei-notetext">The Legislature of +Massachusetts was then so styled. <span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_9" name="note_9" href="#noteref_9">9.</a></dt><dd class="tei tei-notetext">In the +<span class="tei tei-hi"><span style="font-style: italic">Massachusetts Gazette</span></span>, for Nov. 2, 9, and 20, +1787. <span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_10" name="note_10" href="#noteref_10">10.</a></dt><dd class="tei tei-notetext">See the letters of Agrippa in +this work. <span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_11" name="note_11" href="#noteref_11">11.</a></dt><dd class="tei tei-notetext">Probably Elbridge Gerry, +delegate from Massachusetts to the Federal Convention. +<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_12" name="note_12" href="#noteref_12">12.</a></dt><dd class="tei tei-notetext">Anti-federal scribblers in the Mass. +Gazette.</dd><dt class="tei tei-notelabel"><a id="note_13" name="note_13" href="#noteref_13">13.</a></dt><dd class="tei tei-notetext">Referring to Rhode Island. +<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_14" name="note_14" href="#noteref_14">14.</a></dt><dd class="tei tei-notetext">Harvard University Library, +of which James Winthrop was librarian.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_15" name="note_15" href="#noteref_15">15.</a></dt><dd class="tei tei-notetext">Said to be by James Winthrop. See the +letters, printed herein.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_16" name="note_16" href="#noteref_16">16.</a></dt><dd class="tei tei-notetext">Printed in <span class="tei tei-hi"><span style="font-style: italic">Elliot</span></span>, I, +492.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_17" name="note_17" href="#noteref_17">17.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“An Address of the subscribers, +members of the late Houses of Representatives +of the Commonwealth of Pennsylvania, to their constituents,”</span> printed in the +<span class="tei tei-hi"><span style="font-style: italic">Pennsylvania Packet</span></span>, Oct. 4, +1787.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_18" name="note_18" href="#noteref_18">18.</a></dt><dd class="tei tei-notetext">Referring to +Shay's rebellion.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_19" name="note_19" href="#noteref_19">19.</a></dt><dd class="tei tei-notetext">Act of 1786, providing +that executions issued for private debt may be satisfied by +articles particularly enumerated, at an appraised value from +impartial men.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_20" name="note_20" href="#noteref_20">20.</a></dt><dd class="tei tei-notetext">No attempt +had been made by Massachusetts for several years to pay the interest +on its debt, except by the State Treasurer's issuing <span class="tei tei-q">“consolidated notes”</span> or +<span class="tei tei-q">“certificates”</span> +of indebtedness, bearing 6 per cent. interest. Though these were by law receivable +for taxes, they had sold as low as 4/ in the +pound.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_21" name="note_21" href="#noteref_21">21.</a></dt><dd class="tei tei-notetext">The sales to the Ohio +Company.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_22" name="note_22" href="#noteref_22">22.</a></dt><dd class="tei tei-notetext">By Act of July 5, +1786.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_23" name="note_23" href="#noteref_23">23.</a></dt><dd class="tei tei-notetext">Probably +an allusion to the Phelps and Gorham purchase.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_24" name="note_24" href="#noteref_24">24.</a></dt><dd class="tei tei-notetext">An allusion to the proceedings in +the Convention of Pennsylvania.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_25" name="note_25" href="#noteref_25">25.</a></dt><dd class="tei tei-notetext">Cf. with page +85.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_26" name="note_26" href="#noteref_26">26.</a></dt><dd class="tei tei-notetext">Robert Yates, John Lansing, +Jr., Luther Martin, James Francis Mercer, Edmund Randolph, George Mason, and Elbridge +Gerry.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_27" name="note_27" href="#noteref_27">27.</a></dt><dd class="tei tei-notetext">The speech of Caleb Strong in the +State Convention, Jan. 16, 1788.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_28" name="note_28" href="#noteref_28">28.</a></dt><dd class="tei tei-notetext">Delivered Oct. 6, +1787. Printed in <span class="tei tei-hi"><span style="font-style: italic">Ford's Pamphlets on the Constitution</span></span>, p. +155.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_29" name="note_29" href="#noteref_29">29.</a></dt><dd class="tei tei-notetext">No record of this is given in the +<span class="tei tei-hi"><span style="font-style: italic">Debates in the Massachusetts +Convention</span></span>.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_30" name="note_30" href="#noteref_30">30.</a></dt><dd class="tei tei-notetext">Printed in <span class="tei tei-hi"><span style="font-style: italic">Elliot</span></span>, +I, 492.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_31" name="note_31" href="#noteref_31">31.</a></dt><dd class="tei tei-notetext">Printed in Ford's +<span class="tei tei-hi"><span style="font-style: italic">Pamphlets on the Constitution</span></span>, p. 327.</dd><dt class="tei tei-notelabel"><a id="note_32" name="note_32" href="#noteref_32">32.</a></dt><dd class="tei tei-notetext">Richard Henry Lee.</dd><dt class="tei tei-notelabel"><a id="note_33" name="note_33" href="#noteref_33">33.</a></dt><dd class="tei tei-notetext">Saturday, September 15. +See <span class="tei tei-hi"><span style="font-style: italic">Papers of James Madison</span></span>, III., 1593.</dd><dt class="tei tei-notelabel"><a id="note_34" name="note_34" href="#noteref_34">34.</a></dt><dd class="tei tei-notetext">The paragraph containing Mason's objection to the mere majority +power of Congress to regulate commerce, was included in all the southern papers, but +omitted in copies furnished to the papers north of +Maryland.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_35" name="note_35" href="#noteref_35">35.</a></dt><dd class="tei tei-notetext">Mason proposed in the convention that +the President should have a privy council +of six.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_36" name="note_36" href="#noteref_36">36.</a></dt><dd class="tei tei-notetext">This is an error. It was moved by +Mason and seconded by Gerry. Cf. <span class="tei tei-hi"><span style="font-style: italic">Papers +of James Madison, III.</span></span>, 1578.</dd><dt class="tei tei-notelabel"><a id="note_37" name="note_37" href="#noteref_37">37.</a></dt><dd class="tei tei-notetext">See letter of William Williams in +this collection.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_38" name="note_38" href="#noteref_38">38.</a></dt><dd class="tei tei-notetext">John Lamb, Marinus +Willetts, Melancthon Smith, George Clinton and Robert +or Abraham Yates, the principal anti-federalists of New +York.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_39" name="note_39" href="#noteref_39">39.</a></dt><dd class="tei tei-notetext">See counter-statements of Gerry and Martin in +their answers.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_40" name="note_40" href="#noteref_40">40.</a></dt><dd class="tei tei-notetext">Cf. <span class="tei tei-hi"><span style="font-style: italic">Papers of James Madison</span></span>, +III, 1595.</dd><dt class="tei tei-notelabel"><a id="note_41" name="note_41" href="#noteref_41">41.</a></dt><dd class="tei tei-notetext">The Convention of Connecticut, which was to +meet Jan. 4.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_42" name="note_42" href="#noteref_42">42.</a></dt><dd class="tei tei-notetext">The +Landholder, IV-VIII, were reprinted in <span class="tei tei-hi"><span style="font-style: italic">The Maryland Journal</span></span>, and +the attack on Gerry in them, drew from Luther Martin a defence of that gentleman, +which is printed in this collection. To that the Landholder replied as above, but +this one of the series was not printed in <span class="tei tei-hi"><span style="font-style: italic">The Connecticut Courant</span></span>, +its place being taken by the number X., printed immediately after this +letter.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_43" name="note_43" href="#noteref_43">43.</a></dt><dd class="tei tei-notetext">June 9.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_44" name="note_44" href="#noteref_44">44.</a></dt><dd class="tei tei-notetext">This is a misstatement. +The motion to elect representatives as the state legislature +should direct was made by C. C. Pinckney, was seconded by Martin, and approved +of by Sherman, and on being put to a vote was favored by Connecticut, New +Jersey, Delaware and South Carolina. Cf. <span class="tei tei-hi"><span style="font-style: italic">Papers of James +Madison</span></span>, II., 925.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_45" name="note_45" href="#noteref_45">45.</a></dt><dd class="tei tei-notetext">Mr. Gerry agreed with +Mr. Martin on these questions.</dd><dt class="tei tei-notelabel"><a id="note_46" name="note_46" href="#noteref_46">46.</a></dt><dd class="tei tei-notetext">By direction of the General Assembly of Maryland, +Martin reported the proceedings +of the federal Convention to them, and this was afterwards printed in pamphlet +form under the title of <span class="tei tei-hi"><span style="font-style: italic">Genuine +Information</span></span>.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_47" name="note_47" href="#noteref_47">47.</a></dt><dd class="tei tei-notetext">June 9, according to Madison, +the <span class="tei tei-hi"><span style="font-style: italic">Journal</span></span> and Martin's <span class="tei tei-hi"><span style="font-style: italic">Genuine +Information</span></span>.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_48" name="note_48" href="#noteref_48">48.</a></dt><dd class="tei tei-notetext">Gerry, though defeated in an election to +the Massachusetts Convention, was invited +by them to attend, in order to furnish information to +the members.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_49" name="note_49" href="#noteref_49">49.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">To +prevent any misconstruction the following is the publication entire: +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(This note is by the Landholder, and is followed by the article already printed at +p. 127. It therefore seems unnecessary to add it here.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span>) +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I will not say this writer makes a distinction between a thing done in convention +and a thing done in committee. Be this as it may, he confesses more than Mr. Martin; +for it seems that Mr. Gerry proposed that <span class="tei tei-q">“the public debt should stand on the same +ground it now stands on by the articles of confederation.”</span> He might have subjoined +that Mr. Gerry prefaced this motion by observing that it was the same in substance as +his first, in as much as it included his first. But notwithstanding this motion was +readily agreed to without his explanation being contradicted, yet he never afterwards +favoured the convention with a look of peace, or a word of reconcilement. +</p></dd><dt class="tei tei-notelabel"><a id="note_50" name="note_50" href="#noteref_50">50.</a></dt><dd class="tei tei-notetext">The +convention of New Hampshire had met on the 13 of June, and after a discussion +of seven days, had adjourned without voting upon the +constitution.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_51" name="note_51" href="#noteref_51">51.</a></dt><dd class="tei tei-notetext">See Letter of William +Williams in this Collection.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_52" name="note_52" href="#noteref_52">52.</a></dt><dd class="tei tei-notetext">This is a paraphrase of the arguments +of <span class="tei tei-q">“The Centinel”</span> in <span class="tei tei-hi"><span style="font-style: italic">The Independent +Gazetteer</span></span>.—<span class="tei tei-hi"><span style="font-variant: small-caps">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_53" name="note_53" href="#noteref_53">53.</a></dt><dd class="tei tei-notetext">An +attempt had been made in Congress, by the friends of the new government, +for Congress to recommend its acceptance, but this produced protest from those opposed +to it, and threats of an appeal to the people, so in order to prevent such action +a compromise was eventually made, by which it was merely unanimously <span class="tei tei-q">“transmitted +to the several legislatures.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_54" name="note_54" href="#noteref_54">54.</a></dt><dd class="tei tei-notetext">A series of articles in the <span class="tei tei-hi"><span style="font-style: italic">New +York Journal</span></span>, written by Robert Yates.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_55" name="note_55" href="#noteref_55">55.</a></dt><dd class="tei tei-notetext">John Smilie, +a prominent Anti-Federalist.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_56" name="note_56" href="#noteref_56">56.</a></dt><dd class="tei tei-notetext">William +Livingston.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_57" name="note_57" href="#noteref_57">57.</a></dt><dd class="tei tei-notetext">See <span class="tei tei-hi"><span style="font-style: italic">Ante</span></span>, +pages <a href="#Pg182" class="tei tei-ref">182</a> and +<a href="#Pg189" class="tei tei-ref">189</a>.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_58" name="note_58" href="#noteref_58">58.</a></dt><dd class="tei tei-notetext">The +Maryland Delegates to the Federal Convention were required by the legislature +to report the proceedings of that body to them, and it was in this connection +that Martin's <span class="tei tei-hi"><span style="font-style: italic">Genuine Information</span></span> was +prepared.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_59" name="note_59" href="#noteref_59">59.</a></dt><dd class="tei tei-notetext">According to +this idea, I endeavored to obtain as an amendment to the system the +following clause: <span class="tei tei-q">“And whenever the legislature of the United States shall find it +necessary that revenue shall be raised by direct taxation, having apportioned the same +by the above rule, requisitions shall be made of the respective states to pay into the +continental treasury their respective quotas within a time in the said requisition to be +specified, and in case of any of the states failing to comply with such requisition, then, +and then only, to have power to devise and pass acts directing the mode, and authorizing +the same in the state failing therein.”</span> This was rejected, and that power, +which I wished to have given the government only in this particular instance, is given +to it without any restraint or limitation in every case.</dd><dt class="tei tei-notelabel"><a id="note_60" name="note_60" href="#noteref_60">60.</a></dt><dd class="tei tei-notetext">How +exactly agreeable to the sentiments of that honourable member has been +the conduct of the friends of the Constitution in Pennsylvania and some other states, +I need not mention.</dd><dt class="tei tei-notelabel"><a id="note_61" name="note_61" href="#noteref_61">61.</a></dt><dd class="tei tei-notetext">A reference to +Alexander Contee Hanson's pamphlet, written under the pseudonym +of Aristides. It is reprinted in Ford's <span class="tei tei-hi"><span style="font-style: italic">Pamphlets +on the Constitution</span></span>.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_62" name="note_62" href="#noteref_62">62.</a></dt><dd class="tei tei-notetext">Printed in +<span class="tei tei-hi"><span style="font-style: italic">Elliot</span></span>, 1, 503.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_63" name="note_63" href="#noteref_63">63.</a></dt><dd class="tei tei-notetext">Williamson was a member of +the Federal Convention.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_64" name="note_64" href="#noteref_64">64.</a></dt><dd class="tei tei-notetext">Following this article was an +essay from a New York paper.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd><dt class="tei tei-notelabel"><a id="note_65" name="note_65" href="#noteref_65">65.</a></dt><dd class="tei tei-notetext">See page +<a href="#Pg339" class="tei tei-ref">339</a>.—<span class="tei tei-hi"><span style="font-style: italic">Ed.</span></span></dd></dl> + </div> +</div> + +<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK ESSAYS ON THE CONSTITUTION OF THE UNITED STATES ***</div> +<div style='text-align:left'> + +<div style='display:block; margin:1em 0'> +Updated editions will replace the previous one—the old editions will +be renamed. +</div> + +<div style='display:block; margin:1em 0'> +Creating the works from print editions not protected by U.S. copyright +law means that no one owns a United States copyright in these works, +so the Foundation (and you!) can copy and distribute it in the United +States without permission and without paying copyright +royalties. 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