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+The Project Gutenberg EBook of Essays on the Constitution of the United
+States by Paul Leicester Ford
+
+
+
+This eBook is for the use of anyone anywhere at no cost and with almost no
+restrictions whatsoever. 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 http://www.gutenberg.org/license
+
+
+
+Title: Essays on the Constitution of the United States
+
+Author: Paul Leicester Ford
+
+Release Date: April 5, 2010 [Ebook #31891]
+
+Language: English
+
+Character set encoding: ISO 8859-1
+
+
+***START OF THE PROJECT GUTENBERG EBOOK ESSAYS ON THE CONSTITUTION OF THE UNITED STATES***
+
+
+
+
+
+             Essays on the Constitution of the United States
+
+              Published During Its Discussion by the People
+
+                                1787-1788
+
+                                Edited by
+
+                           Paul Leicester Ford
+
+                              Brooklyn, N.Y.
+
+                         Historical Printing Club
+
+                                   1892
+
+
+
+
+
+CONTENTS
+
+
+Introduction.
+The Letters Of Cassius, Written By James Sullivan.
+The Letters Of Agrippa, Accredited To James Winthrop.
+Replies To The Strictures Of A Landholder, By Elbridge Gerry.
+The Letters Of A Landholder, Written By Oliver Ellsworth.
+A Letter To The Landholder. By William Williams.
+The Letters Of A Countryman. Written By Roger Sherman.
+The Letters Of A Citizen Of New Haven, Written By Roger Sherman.
+The Letters Of Cato, Written By George Clinton.
+The Letters Of Cæsar, Written By Alexander Hamilton.
+The Letters Of Sydney. Written By Robert Yates.
+Cursory Remarks By Hugh Henry Brackenridge.
+Letter Of Caution, Written By Samuel Chase.
+Letter Of A Friend To The Constitution, Written By Daniel Carroll.
+The Letters Of Luther Martin.
+Letter Of A Plain Dealer, Accredited To Spencer Roane.
+Remarks On The New Plan Of Government, By Hugh Williamson.
+Letter Of A Steady And Open Republican, Written By Charles Pinckney.
+Bibliography.
+Index.
+Footnotes
+
+
+
+
+
+
+INTRODUCTION.
+
+
+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 _Pamphlets on the Constitution of the
+United States_. 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.
+
+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.
+
+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.
+
+PAUL LEICESTER FORD.
+_Brooklyn, N. Y., April, 1892._
+
+
+
+
+
+THE LETTERS OF CASSIUS, WRITTEN BY JAMES SULLIVAN.
+
+
+Printed In The Massachusetts Gazette,
+September-December, 1787.
+
+
+
+
+Note.
+
+
+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 _Life of James Sullivan_. 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.
+
+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 "Old Fog," in the _Massachusetts Centinel_
+of Sept. 22 and Oct. 6, 1787.
+
+
+
+
+Cassius, I.
+
+
+The Massachusetts Gazette, (Number 367).
+
+TUESDAY, SEPTEMBER 18, 1787.
+
+For the Massachusetts Gazette.
+
+It is a great pity that such an able writer as Numa(1) 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,(2) it has so recently experienced.
+
+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.(3) 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.
+
+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 and tyrannical, established on its
+ruins. Perhaps a few of this description were members of the last
+administration.(4) 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 "afford them matter for derision at a future
+day,"--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, "the degenerate Romans banished Cicero for saving the commonwealth."
+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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+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?
+
+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.
+
+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.
+
+CASSIUS.
+
+
+
+
+Cassius, II.
+
+
+The Massachusetts Gazette, (Number 371)
+
+TUESDAY, OCTOBER 2, 1787.
+
+For the Massachusetts Gazette.
+
+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.
+
+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.
+
+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.
+
+The cloak of religion too often answers to promote plans detrimental 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.
+
+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,
+
+
+    "Whose mem'ries ought, and will perhaps yet live,
+    In all the glare which infamy can give."
+
+
+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.
+
+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
+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.
+
+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.
+
+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, "when their country calls, can yield their
+treasure up, and know no wish beyond the publick good." 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.
+
+Numa(5) 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,(6) 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.
+
+CASSIUS.
+
+
+
+
+Cassius, III.
+
+
+The Massachusetts Gazette, (Number 383)
+
+FRIDAY, NOVEMBER 16, 1787.
+
+For the Massachusetts Gazette.
+
+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.
+
+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.
+
+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 "owe their greatness to their country's ruin."--Are such fit men to
+point out objections 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 "wasteless ages of eternity?"--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.
+
+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.
+
+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;(7) 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 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.
+
+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 "de factos, plene proofs" and other chit-chat of the like kind, and
+disseminating his execrable "ideas," 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.
+
+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 of his "accents" being
+majestick as thunder, they are as harmless and insignificant as the feeble
+breeze.
+
+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.
+
+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.
+
+CASSIUS.
+
+
+
+
+Cassius, IV.
+
+
+The Massachusetts Gazette, (Number 385)
+
+FRIDAY, NOVEMBER 23, 1787.
+
+For the Massachusetts Gazette.
+
+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.
+
+I have before hinted, that the opposers of the plan of federal government
+are composed of knaves, harpies and debtors; and, I trust, it will soon
+appear, what I have said is not a bare assertion only, but a matter of
+fact.
+
+I shall now proceed to make a few remarks on the conclusion of "Vox
+Populi's," or rather Vox Insania's, production which appeared in last
+Friday's paper.
+
+Vox Populi requests the inhabitants of Massachusetts "to pay that
+attention to the federal constitution which the importance of its nature
+demands;" and informs them, that they "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," &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 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.
+
+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.
+
+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?
+
+But (in order without doubt to strike a greater dread upon their minds)
+Vox Populi says, "the oath is registered in Heaven." 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.
+
+Vox Populi asserts that the General Court(8) 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.
+
+They without doubt were anxious that the people should have 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.
+
+A writer under the signature of Examiner,(9) 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.
+
+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.
+
+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.
+
+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
+
+
+    "Cause treason, rapine, sacrilege and crimes,
+    To blot the annals of these western climes,"
+
+
+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.
+
+CASSIUS.
+
+
+
+
+Cassius, V.
+
+
+The Massachusetts Gazette, (Number 386)
+
+TUESDAY, NOVEMBER 27, 1787.
+
+For the Massachusetts Gazette.
+
+"Now there was a day when the sons of God came to present themselves
+before the Lord, and Satan came also among them.
+
+"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.
+
+"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?" &c., &c.
+
+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.
+
+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 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?
+
+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.
+
+Brethren and citizens, hearken to the voice of men who have dictated only
+for your and posterity's good; men who ever
+
+
+    "Have made the publick good their only aim,
+    And on that basis mean to build their fame."
+
+
+Listen not to the insinuations of those who will glory only in your
+destruction, but wisely persevere in the paths of rectitude.
+
+CASSIUS.
+
+
+
+
+Cassius, VI.
+
+
+The Massachusetts Gazette, (Number 387)
+
+FRIDAY, NOVEMBER 30, 1787.
+
+For the Massachusetts Gazette.
+
+MR. ALLEN:
+
+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.(10)
+
+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.
+
+Agrippa says, "the attempt has been made to deprive us," &c., "by exalting
+characters on the one side, and vilifying them on the other." And goes on,
+"I wish to say nothing of the merits or demerits of individuals, such
+arguments always do hurt." Immediately after this he insinuates that the
+members of the late federal convention have, "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." 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, that as absurdity, knavery and falsehood, is the
+general characteristick of anti-federalists, he might indulge himself in
+either of them, without meriting censure.
+
+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?
+
+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!
+
+
+    "Is there not some chosen curse,
+    Some hidden thunder in the stores of heaven,
+    Red with uncommon wrath, to blast the wretch,
+    Who dares pollute such names
+    So sacred, and so much belov'd?"
+    Methinks I hear each freeman cry,
+          Most certainly there is.
+
+
+CASSIUS.
+
+
+
+
+Cassius, VII.
+
+
+The Massachusetts Gazette, (Number 387)
+
+FRIDAY, NOVEMBER 30, 1787.
+
+For the Massachusetts Gazette.
+
+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.
+
+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--
+
+
+    "Some are bewilder'd in the maze of schools,
+    And some made criticks Nature meant but fools:
+    In search of wit these lose their common sense,
+    And then turn critics in their own defence."
+
+
+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.
+
+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.
+
+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.--
+
+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,(11) instead of saying he would 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.
+
+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.
+
+CASSIUS.
+
+
+
+
+Cassius, VIII.
+
+
+The Massachusetts Gazette, (Number 391)
+
+FRIDAY, DECEMBER 14, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE INHABITANTS OF THIS STATE:
+
+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.
+
+Sect. first, of the new constitution, says,
+
+"All legislative powers Herein Granted shall be vested in a congress of
+the United States."
+
+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.
+
+The second section of the federal constitution says, that the members of
+the house of representatives shall be chosen every 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?
+
+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.
+
+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 an Agrippa,(12) not to have a knowledge of
+the different concerns of the Confederation.
+
+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.
+
+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.
+
+Can any thing be more consistent with the strictest principles of
+republicanism?
+
+Each state is here upon an equal footing; for the house of representatives
+can of themselves do nothing without the concurrence of the senate.
+
+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.
+
+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.
+
+They have declared it to be arbitrary and tyrannical in the highest
+degree. But, fellow-citizens, your own good sense will 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.
+
+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.
+
+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.
+
+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.
+
+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 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;(13) 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.
+
+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.
+
+CASSIUS.
+
+(_To be continued._)
+
+
+
+
+Cassius, IX.
+
+
+The Massachusetts Gazette, (Number 392)
+
+TUESDAY, DECEMBER 18, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE INHABITANTS OF THIS STATE.
+
+(_Continued from our last._)
+
+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 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.
+
+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.
+
+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.
+
+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.
+
+This clause at once confutes every assertion of the antifederalists
+respecting the new congress being able to secure to themselves 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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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 should be
+enabled to establish a fund adequate to the exigencies of the Union.
+
+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.
+
+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!
+
+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.
+
+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.
+
+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.
+
+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.
+
+The absolute necessity of powers of this nature being vested in a federal
+head is indisputable.
+
+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, "all powers Herein Granted." If any act originates
+contrary to this, it will be of no effect, and a mere nullity.
+
+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.
+
+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.
+
+CASSIUS.
+
+(_To be continued._)
+
+
+
+
+Cassius, X.
+
+
+The Massachusetts Gazette, (Number 393)
+
+FRIDAY, DECEMBER 21, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE INHABITANTS OF THIS STATE.
+
+(_Continued from our last._)
+
+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.
+
+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.
+
+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?
+
+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.
+
+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.
+
+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.
+
+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.
+
+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
+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.
+
+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?
+
+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.
+
+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,(14) 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(15)--he seems to be one of those
+whom Pope describes when he says,
+
+
+    "Some are bewilder'd in the maze of schools," &c.
+
+
+I hope my readers will forgive this digression, when they consider 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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+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.
+
+They will find less difficulty in pursuing their various concerns than if
+it were otherwise.
+
+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.
+
+CASSIUS.
+
+(_To be Continued._)
+
+
+
+
+Cassius, XI.
+
+
+The Massachusetts Gazette, (Number 394)
+
+TUESDAY, DECEMBER 25, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE INHABITANTS OF THIS STATE.
+
+(_Concluded from our last._)
+
+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.
+
+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.
+
+You will remember, my countrymen, that the words of the constitution are,
+"All Powers Herein Granted."
+
+Section 4, of article IV. says, The United States shall guarantee to every
+state in the Union a Republican Form of Government; 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.
+
+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.
+
+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.
+
+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.
+
+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 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.--
+
+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.
+
+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.
+
+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.
+
+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.
+
+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 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.
+
+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.
+
+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?
+
+Thus the people of the United States, "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," have appointed a federal
+convention to "ordain and establish," 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.
+
+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.
+
+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 "on their country's
+ruin."
+
+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, "hail damn'd associates," see our high success!
+
+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 most foolish and inconsistent of all
+conduct, in rejecting it, entail on themselves and on their posterity,
+endless infamy.
+
+
+    "There is a tide in the affairs of men,
+    Which taken at the flood, leads on to fortune;
+    Omitted, all the voyage of their life
+    Is bound in shallowness."----
+
+
+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!
+
+CASSIUS.
+
+
+
+
+
+THE LETTERS OF AGRIPPA, ACCREDITED TO JAMES WINTHROP.
+
+
+Printed In The Massachusetts Gazette,
+November, 1787-January, 1788.
+
+
+
+
+Note.
+
+
+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 "Charles James Fox;" Dec. 28,
+1787, and Jan. 4, 1788, by "Kempis O'Flanagan," Jan. 22, and 25, 1788, by
+"Junius," and in the letters of Cassius, printed in this volume.
+
+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:
+
+
+    I feel myself _greatly hurt_ at the liberties lately taken by
+    certain _scribblers_ with the characters of the _hon._ E. Gerry
+    and James Winthrop, _esquire_, of Cambridge, two gentlemen, no
+    less distinguished for their _honesty_, _patriotism_, and
+    _extensive abilities_, than a Washington or a Franklin.
+
+    ... In regard to J. Winthrop, _esquire_, (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 _boast the pleasure of his acquaintance_, must _know that
+    insinuation_ is grounded on _falsehood_.
+
+    The heterogenous compound of nonsense and absurdity with which the
+    compositions of _Agrippa_ are so replete, are certainly not the
+    productions of a man so celebrated for his superior knowledge and
+    _understanding_.
+
+    In short, Mr. Printer, I hope you and your brother typographers
+    will be very careful how you are _guilty_ of _exposing_ such
+    _exalted characters_ in future.
+
+    OCRICO.
+
+
+
+
+Agrippa, I.
+
+
+The Massachusetts Gazette, (Number 385)
+
+FRIDAY, NOVEMBER 23, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.(16) The
+seceding members from the Pennsylvania Assembly also published theirs.(17)
+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.
+
+The idea of promoting the happiness of the people by opposing 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 _transfer of the market_, all under the
+pretence of regulation for _federal purposes_, we shall not find any
+additional reason to be pleased with the plan.
+
+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.
+
+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 _time of
+election_ and postpone it for another year. In truth, the question before
+the people is, _whether they will have a limited government or an absolute
+one_!
+
+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.
+
+Can there be any doubt which to choose? He that Hesitates must be base
+indeed.
+
+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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, II.
+
+
+The Massachusetts Gazette, (Number 386)
+
+TUESDAY, NOVEMBER 27, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE OF MASSACHUSETTS.
+
+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.
+
+Connecticut set out originally on the same principles, and has continued
+uniformly to exercise the powers of government to this time.
+
+During the last year,(18) 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.
+
+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 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.
+
+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.
+
+AGRIPPA.
+
+_November 24, 1787._
+
+
+
+
+Agrippa, III.
+
+
+The Massachusetts Gazette, (Number 387)
+
+FRIDAY, NOVEMBER 30, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.(19) 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 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.
+
+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(20) 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.(21) 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.(22) 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 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.
+
+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.
+
+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.
+
+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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, IV.
+
+
+The Massachusetts Gazette, (Number 388)
+
+TUESDAY, DECEMBER 3, 1787.
+
+TO THE PEOPLE.
+
+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.
+
+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.
+
+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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, V.
+
+
+The Massachusetts Gazette, (Number 390)
+
+TUESDAY, DECEMBER 11, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.
+
+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 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.
+
+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.
+
+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 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 _derangement_,
+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 _system_ 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, VI.
+
+
+The Massachusetts Gazette, (Number 391)
+
+FRIDAY, DECEMBER 14, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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--
+
+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 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.
+
+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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, VII.
+
+
+The Massachusetts Gazette, (Number 392)
+
+TUESDAY, DECEMBER 18, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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 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.
+
+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.
+
+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 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.
+
+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
+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.
+
+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.
+
+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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, VIII.
+
+
+The Massachusetts Gazette, (Number 394)
+
+TUESDAY, DECEMBER 25, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.
+
+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 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.
+
+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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, IX.
+
+
+The Massachusetts Gazette, (Number 395)
+
+FRIDAY, DECEMBER 28, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.
+
+The remaining power for peace and trade might perhaps be safely enough
+lodged with Congress under some limitations. 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.
+
+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 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.
+
+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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, X.
+
+
+The Massachusetts Gazette, (Number 396)
+
+TUESDAY, JANUARY 1, 1788.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+_Friends and Brethren_,
+
+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.
+
+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, 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.
+
+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 "powers vested by this constitution in the
+government of the United States, or in _any department_ or officer
+thereof;" 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 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.
+
+"Commonwealth of Massachusetts. _Resolved_, 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:
+
+"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 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."(23)
+
+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 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.
+
+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 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--_Discern the things of your peace now in the
+days thereof, before they be hidden from your eyes_.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XI.
+
+
+The Massachusetts Gazette, (Number 398)
+
+TUESDAY, JANUARY 8, 1788.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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 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, _to be like other nations_, 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.
+
+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 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
+_two hundred and ninety millions_ 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.
+
+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,(24) 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XII.
+
+
+The Massachusetts Gazette, (Number 399)
+
+FRIDAY, JANUARY 11, 1788.
+
+For the Massachusetts Gazette.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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.
+
+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 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.
+
+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.
+
+AGRIPPA.
+
+[_Remainder next Tuesday._]
+
+
+
+
+Agrippa, XIII.
+
+
+The Massachusetts Gazette, (Number 400)
+
+TUESDAY, JANUARY 14, 1788.
+
+(_Concluded from our last._)
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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 _Federal Republick_. 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 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.
+
+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 _our extreme liberty_. Already, have our ships visited every part of
+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.
+
+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 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.
+
+In article III, section 2, it is declared, that "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." Among the cases arising under this new constitution are
+reckoned, "all controversies between citizens of different states," 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 "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." 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 _supreme law_ of the land, and that all state judges
+are bound thereby, "_anything in the constitution or laws of any state to
+the contrary notwithstanding_." If this is not binding the judges of the
+separate states in their own office, by continental rules, it is perfect
+nonsense.
+
+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.
+
+By sect. 8 of article I, Congress are to have the unlimited right to
+regulate commerce, external and _internal_, 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 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.
+
+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.
+
+"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 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.
+
+"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 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."(25)
+
+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 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.
+
+[We are obliged, contrary to our intention, to postpone the remainder of
+Agrippa till our next.]
+
+
+
+
+Agrippa, XIV.
+
+
+The Massachusetts Gazette, (Number 401)
+
+FRIDAY, JANUARY 18, 1788.
+
+(_Concluded from our last._)
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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 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.
+
+Our present system is attended with the inestimable advantage of
+preventing unnecessary wars. Foreign influence is assuredly 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.(26) 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XV.
+
+
+The Massachusetts Gazette, (Number 402)
+
+TUESDAY, JANUARY 22, 1788.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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(27) 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 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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XV.
+
+
+The Massachusetts Gazette, (Number 403)
+
+FRIDAY, JANUARY 25, 1788.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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
+_intend_ 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.
+
+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. 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.
+
+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.
+
+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.
+
+AGRIPPA.
+
+(_Remainder next Tuesday._)
+
+
+
+
+Agrippa, XVII.
+
+
+The Massachusetts Gazette, (Number 404)
+
+TUESDAY, JANUARY 20, 1788.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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:
+
+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 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.
+
+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,(28) 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 _people_
+for the purposes of government, and not a compact between states. It
+begins in the name of the people, and not of the states.
+
+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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XVIII.
+
+
+The Massachusetts Gazette, (Number 406)
+
+TUESDAY, FEBRUARY 5, 1788.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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 _the Rhode Island assembly have
+for a considerable time past had a bill lying on their __ table for
+altering the manner of elections for representatives in that state_.(29)
+He has stated it with all the zeal of a person who believed his argument
+to be a good one. But surely a _bill lying on a table_ can never be
+considered as any more than an _intention_ 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.
+
+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 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.
+
+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 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.
+
+"Resolved, that the constitution lately proposed for the United States be
+received only upon the following conditions:
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"6. Each state shall have the command of its own militia.
+
+"7. No continental army shall come within the limits of any state, other
+than garrison to guard the publick stores, without the consent of such
+states in time of peace.
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"14. In all those causes which are triable before the continental courts,
+the trial by jury shall be held sacred."
+
+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
+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.
+
+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.
+
+We are now rising fast above our difficulties; everything at home has the
+appearance of improvement, government is well 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].
+
+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 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. _It will then be the constitution of our
+country, and entitled to defence._ 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.
+
+AGRIPPA.
+
+                  -------------------------------------
+
+_A writer in the Gazette of 29th January, under the signature of Captain
+M__c__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._
+
+
+
+
+
+REPLIES TO THE STRICTURES OF A LANDHOLDER, BY ELBRIDGE GERRY.
+
+
+Printed In The Massachusetts Centinel,
+And
+The American Herald,
+January-April 1788.
+
+
+
+
+Note.
+
+
+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 "A Landholder" were so
+positive, and so evidently written by a fellow member of the federal
+convention, that an answer was necessary.
+
+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 _American Herald_, I have
+been compelled to reprint the second article from the _New York Journal_.
+For more on this subject see the letters of A Landholder and of Luther
+Martin in this collection.
+
+
+
+
+Reply To A Landholder, I.
+
+
+The Massachusetts Centinel, (Number 32 of Volume VIII)
+
+SATURDAY, JANUARY 5, 1788.
+
+MR. RUSSELL:
+
+You are desired to inform the publick from good authority, that Mr. GERRY,
+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,
+"for the redemption of the old continental money;" 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 "were totally different from those which he
+published," that his only motive for dissenting from the Constitution, was
+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.
+
+_Cambridge, January 3, 1788._
+
+
+
+
+Reply To A Landholder, II.
+
+
+The New York Journal, (Number 2282)
+
+WEDNESDAY, APRIL 30, 1788.
+
+From the American Herald, printed at Boston.
+
+MR. GREENLEAF,
+
+As the Connecticut Landholder's publications are dispersed throughout the
+state, it will be useful for the sake of truth to publish the following.
+
+TO THE PUBLIC.
+
+An elegant writer, under the signature of "A Landholder," 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 "to his magnanimity," 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 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.
+
+In a late address to the honorable Luther Martin, Esquire, the Landholder
+has asserted, that Mr. Gerry "uniformly opposed Mr. Martin's principles,"
+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 "uniformly had a friendship for
+him."
+
+This writer has also asserted, "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." 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 "information," as he was
+fully possessed of the subject; and that his speech, if published, would
+do him great honor.
+
+Another assertion of this famous writer is, that Mr. Gerry in "a
+sarcastical reply, admired the strength of Mr. Martin's lungs, and his
+profound knowledge in the first principles of government;" that "this
+reply" "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." 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.
+
+Again, the Landholder has asserted that Mr. Martin voted "an appeal should
+lay to the supreme judiciary of the United States for the correction of
+all errors both in law and fact," and "agreed to the clause that declares
+nine states to be sufficient to put the government in motion;" and in a
+note says, "Mr. Gerry agreed with Mr. Martin on these questions." 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 "declares nine states to be sufficient to put the
+government in motion," 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.
+
+The Landholder having in a former publication asserted "that Mr. Gerry
+introduced a motion, respecting the redemption of old continental money"
+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 "out of 126 days, Mr. Martin attended only
+66," and then enquires "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?" and "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?"
+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.
+
+The Landholder addressing Mr. Martin, further says, "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." 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, "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." 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.
+
+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.
+
+The landholder says: "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;" but the landholder ventures to predict, "that though Mr. Martin
+was to double his efforts he would fail in his object." 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 manoeuvre 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
+"Mr. Martin thought" the office mentioned "destined for a different
+character?" 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 "to aggrandize old Massachusetts
+and the antient dominion" he has confessed enough to shew that his private
+meetings were solely to aggrandize himself.
+
+
+
+
+
+THE LETTERS OF A LANDHOLDER, WRITTEN BY OLIVER ELLSWORTH.
+
+
+Printed In
+The Connecticut Courant
+And
+The American Mercury,
+November, 1787-March, 1788.
+
+
+
+
+Note.
+
+
+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 _Connecticut Courant_ at
+Hartford and the _American Mercury_ at Litchfield, and this so clearly
+indicated Oliver Ellsworth as the writer that they were at once credited
+to his pen.
+
+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.
+
+
+
+
+A Landholder, I.
+
+
+The Connecticut Courant, (Number 1189)
+
+MONDAY, NOVEMBER 5, 1787.
+
+TO THE HOLDERS AND TILLERS OF LAND.
+
+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.
+
+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 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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+A Landholder, II.
+
+
+The Connecticut Courant, (Number 1190)
+
+MONDAY, NOVEMBER 12, 1787.
+
+TO THE HOLDER AND TILLERS OF LAND.
+
+_Gentlemen_,
+
+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.
+
+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
+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.
+
+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.
+
+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 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.
+
+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.
+
+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?
+
+To fear a general government or energetic principles least it should
+create tyrants, when without such a government all have 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.
+
+A LANDHOLDER.
+
+
+
+
+A Landholder, III.
+
+
+The Connecticut Courant, (Number 1191)
+
+MONDAY, NOVEMBER 19, 1787.
+
+TO THE HOLDERS AND TILLERS OF LAND.
+
+_Gentlemen_,
+
+When we rushed to arms for preventing British usurpation, liberty was the
+argument of every tongue.
+
+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 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.
+
+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.
+
+The right of the legislature to ordain laws binding on the people, gives
+them a power to make bad laws.
+
+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.
+
+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, 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.
+
+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 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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, IV.
+
+
+The Connecticut Courant, (Number 1192)
+
+MONDAY, NOVEMBER 26, 1787.
+
+_Remarks on the objections made by the Hon. Elbridge Gerry, to the new
+Constitution._(30)
+
+TO THE LANDHOLDERS AND FARMERS.
+
+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 "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 articles of confederation,"
+therefore by his own confession there was an indispensible necessity of a
+system, in many particulars entirely new. He tells us further "that if the
+people reject this altogether, anarchy may ensue," 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.
+
+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 "that there is no adequate provision for
+representation of the people." 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.
+
+Such a body of men might be an army to defend the country 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.
+
+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.
+
+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.
+
+If the Hon. gentleman, in saying "there is not adequate provision for the
+representation of the people," refers to the manner of choosing them, a
+reply to this is naturally blended with its second objection, that "they
+would have no security for the right of election." It is impossible to
+conceive what greater security can be given, by any form of words, than we
+here find.
+
+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.
+
+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.
+
+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: "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?"
+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 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.
+
+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:
+
+LANDHOLDER.
+
+
+
+
+The Landholder, V.
+
+
+The Connecticut Courant, (Number 1193)
+
+MONDAY, DECEMBER 3, 1787.
+
+_Continuation of Remarks on the Hon. Elbridge Gerry's Objections to the
+new Constitution._
+
+TO THE LANDHOLDERS AND FARMERS.
+
+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.
+
+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, "that some of the powers of the
+legislature are ambiguous, and others indefinite and dangerous." 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 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.
+
+It is an excellency of this Constitution that it is expressed with
+brevity, and in the plain, common language of mankind.
+
+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.
+
+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.
+
+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.
+
+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.
+
+A people cannot long retain their freedom, whose government is incapable
+of protecting them.
+
+The power of collecting money from the people, is not to be rejected
+because it has sometimes been oppressive.
+
+Public credit is as necessary for the prosperity of a nation as private
+credit is for the support and wealth of a family.
+
+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.
+
+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
+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?
+
+We find another objection to be "that the executive is blended with and
+will have an undue influence over the legislature." 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.
+
+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.
+
+We are further told "that the judicial departments, or those courts of
+law, to be instituted by Congress, will be oppressive." 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?
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, VI.
+
+
+The Connecticut Courant, (Number 1194)
+
+MONDAY, DECEMBER 10, 1787.
+
+
+    He that is first in his own cause seemeth just; but his neighbor
+    cometh and searcheth him.
+
+
+TO THE LANDHOLDERS AND FARMERS:
+
+The publication of Col. Mason's(31) 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 _ex post facto_, have been revised in New Y----k
+by R. H. L.(32) 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.
+
+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;(33) urging that a navigation act might otherwise be passed
+excluding foreign bottoms from 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.(34) 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.
+
+_The President of the United States has no council, etc._, says Col.
+Mason. His proposed council(35) would have been expensive--they 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.
+
+_There is no Declaration of Rights._ 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.
+
+_There is to be no ex post facto laws._ This was moved by Mr. Gerry and
+supported by Mr. Mason,(36) 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.
+
+_The general legislature is restrained from prohibiting the further
+importation of slaves for twenty odd years._ But every state legislature
+may restrain its own subjects; but if they should not, shall 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.
+
+_There is no declaration of any kind to preserve the liberty of the press,
+etc._ 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.
+
+_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._ 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 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.
+
+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.
+
+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 _The objections of the Hon. George Mason, etc._--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 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, "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."
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, VII.
+
+
+The Connecticut Courant, (Number 1195)
+
+MONDAY, DECEMBER 17, 1787.
+
+TO THE LANDHOLDERS AND FARMERS.
+
+I have often admired the spirit of candour, liberality, and justice, with
+which the Convention began and completed the important object of their
+mission. "In all our deliberation on this subject," say they, "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."
+
+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;
+that which has the most excellencies and fewest faults, is the best that
+we can expect.
+
+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.(37) 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.
+
+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. 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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, VIII.
+
+
+The Connecticut Courant, (Number 1196)
+
+MONDAY, DECEMBER 24, 1787.
+
+TO THE HON. ELBRIDGE GERRY, ESQUIRE.
+
+_Sir_,
+
+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.
+
+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 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,(38) 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 "liberty
+of the press," the "bill of rights," the "blending of the executive and
+legislative," "internal taxation," or any other topic which you did not
+happen to think of while in convention.
+
+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 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.
+
+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.(39) 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.(40) These reasons were totally
+different from those which he has published, neither was a single
+objection which is contained in his letter to the legislature of
+Massachusetts ever offered by him in convention.
+
+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.
+
+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.
+
+With these advantages you might have past for a complete politician, and
+your duplicity might never have been detected.
+
+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.
+
+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.
+
+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.
+
+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 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.
+
+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 manoeuvers, I have the honor to be, Sir, with great respect,
+your very humble servant.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, IX.
+
+
+The Connecticut Courant, (Number 1197)
+
+MONDAY, DECEMBER 31, 1787.
+
+TO THE HON. GENTLEMEN CHOSEN TO SERVE IN THE STATE CONVENTION.(41)
+
+_Gentlemen_,
+
+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.
+
+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 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 way for chance to erect a government, which might now be
+established by deliberate wisdom. When government thus arises, it carries
+an iron hand.
+
+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.
+
+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 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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, X.
+
+
+The Maryland Journal, (Number 1016)
+
+FRIDAY, FEBRUARY 29, 1788.
+
+For the Maryland Journal, etc.
+
+TO THE HONOURABLE LUTHER MARTIN, ESQ.(42)
+
+_Sir_,
+
+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 "to aggrandise, at the
+expence of the small States, Old Massachusetts and the Ancient Dominion."
+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 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(43) 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.(44) You held the jargon,
+that notwithstanding 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 "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."
+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.(45) These are among the greater 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.(46) 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 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,(47)
+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 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,(48)
+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 "his colleagues
+were men of too much honor to assert that his reasons in Convention were
+totally different from those which he has published."
+
+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.(49) 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 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.
+
+February, 1788.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, X.
+
+
+[This number duplicates the preceding one, for an explanation of which see
+the foot-note to the first Number X.--_Ed._]
+
+The Connecticut Courant, (Number 1206)
+
+MONDAY, MARCH 3, 1788.
+
+TO THE CITIZENS OF NEW HAMPSHIRE.(50)
+
+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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, XI.
+
+
+The Connecticut Courant, (Number 1207)
+
+MONDAY, MARCH 10, 1788.
+
+TO THE CITIZENS OF NEW HAMPSHIRE.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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 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.
+
+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?
+
+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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+The Landholder presents his most respectful compliments to Hon W.
+Williams,(51) 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. 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.
+
+
+
+
+The Landholder, XII.
+
+
+The Connecticut Courant, (Number 1208)
+
+MONDAY, MARCH 17, 1788.
+
+TO THE RHODE ISLAND FRIENDS OF PAPER MONEY, TENDER ACTS AND
+ANTI-FEDERALISM.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+There are among you legislators eminent, through the union 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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, XIII.
+
+
+The Connecticut Courant, (Number 1209)
+
+MONDAY, MARCH 24, 1788.
+
+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.
+
+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 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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+
+A LETTER TO THE LANDHOLDER. BY WILLIAM WILLIAMS.
+
+
+Printed In
+The American Mercury,
+February 1788.
+
+
+
+
+Note.
+
+
+This letter was occasioned by the following communication, which was
+printed in the _Connecticut Courant_ for Monday, February 4, 1788, (number
+1202):
+
+TO THE HON. WILLIAM WILLIAMS, ESQ.
+
+_Sir_:--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 _religious
+test_ was the subject of debate, you took the liberty of saying _that the
+Landholder_ (in treating of the same subject) _had missed the point; that
+he had raised up a man of straw, and kicked it over again_. Now, Sir, I
+wish this matter may be fairly cleared up. I wish to know, what is the
+real point? Who and what the _real_ 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
+_you or I have missed the point_; and which of us has _committed the crime
+of making a man of straw_.
+
+Not doubting but you will have the candour to come to an explanation on
+this subject,
+
+I am, Sir, your humble servant,
+
+THE LANDHOLDER.
+
+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.
+
+
+
+
+Letter Of William Williams.
+
+
+The American Mercury, (Number 88)
+
+MONDAY, FEBRUARY 11TH, 1788.
+
+MR. BABCOCK:
+
+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
+"no religious test should ever be required as a qualification to any
+office or trust, &c." 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 following or
+similar terms, viz. _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_, 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 _be no
+security at all_, 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 _was building up a man of
+straw and knocking him down again_. 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 them,
+except the proposed test, and whether there is any reason in them or not,
+I submit to the public.
+
+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.
+
+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
+_the Constitution_, with this, and some other faults of another kind, was
+yet too wise and too necessary to be rejected.
+
+W. WILLIAMS.
+
+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.
+
+Feb. 2d, 1788.
+
+
+
+
+
+THE LETTERS OF A COUNTRYMAN. WRITTEN BY ROGER SHERMAN.
+
+
+Printed In
+The New Haven Gazette,
+November-December, 1787.
+
+
+
+
+Note.
+
+
+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.
+
+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 "had endeavored to show in a former
+piece."
+
+
+
+
+A Countryman, I.
+
+
+The New Haven Gazette, (Number 39)
+
+THURSDAY, NOVEMBER 14, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+You are now called on to make important alterations in your government, by
+ratifying the new federal constitution.
+
+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 _lose_ by the alterations, what effect it
+is to have on what he at present possesses, than what is to be _hoped_ for
+in the proposed expedient.
+
+Thus people are justly cautious how they exchange present advantages for
+the hope of others in a system not yet experienced.
+
+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 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?
+
+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.
+
+Has it ever been found, that people's property or persons were less
+regarded and less protected in large states than in small?
+
+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.
+
+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 _great men_
+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 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?
+
+
+
+
+A Countryman, II.
+
+
+The New Haven Gazette, (Number 40)
+
+THURSDAY, NOVEMBER 22, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+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.
+
+It is enough that you should have heard, that one party has seriously
+urged, that we should adopt the _New Constitution_ because it has been
+approved by _Washington_ and _Franklin_: and the other, with all the
+solemnity of apostolic address to _Men_, _Brethren_, _Fathers_, _Friends
+and Countryman_, have urged that we should reject, as dangerous, every
+clause thereof, because that _Washington_ is more used to command as a
+soldier, than to reason as a politician--_Franklin is old_, others are
+_young_--and _Wilson_ is _haughty_.(52) You are too well informed to decide
+by the opinion of others, and too independent to need a caution against
+undue influence.
+
+Of a very different nature, tho' only one degree better than the other
+reasoning, is all that sublimity of _nonsense_ and _alarm_, that has been
+thundered against it in every shape of _metaphoric terror_, on the subject
+of a _bill of rights_, the _liberty of the press_, _rights of conscience_,
+_rights of taxation and election_, _trials in the vicinity_, _freedom of
+speech_, _trial by jury_, and a _standing army_. These last are
+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.
+
+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
+_honeymoon_ of a new married couple, unless the _rulers were interested_
+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 _Magna Charta_ 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 _one branch_ of their legislature
+must be strongly interested to preserve the rights of the nation.
+
+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.
+
+Your General Assembly under your present constitution are 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.
+
+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.
+
+If you cannot prove by the best of all evidence, viz., by the _interest of
+the rulers_, 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.
+
+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.
+
+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, or may occasionally furnish subjects for
+_George Bryan's_ Pomposity, or the declamations of _Cato_--_An Old
+Whig_--_Son of Liberty_--_Brutus_--_Brutus junior_--_An Officer of the
+Continental Army_,--the more contemptible _Timoleon_, and the residue of
+that rabble of writers.
+
+
+
+
+A Countryman, III.
+
+
+The New Haven Gazette, (Number 41)
+
+THURSDAY, NOVEMBER 29, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+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?
+
+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.
+
+No people can be more secure against any oppression in their rulers than
+you are at present; and no rulers can have more supreme and unlimited
+authority than your general assembly have.
+
+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.
+
+
+
+
+A Countryman, IV.
+
+
+The New Haven Gazette, (Number 42)
+
+THURSDAY, DECEMBER 6, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+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.
+
+The best theory, the best philosophy on the subject, would be too
+uncertain for you to hazard your freedom upon.
+
+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 _literally, all the powers of
+society_. Can you--can you _possibly_ 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.
+
+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.
+
+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.
+
+It would be only a repetition to enter into a consideration of this
+difference between Congress and your Assembly.
+
+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.
+
+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 _attempt_ 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.
+
+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.
+
+
+
+
+A Countryman, V.
+
+
+The New Haven Gazette, (Number 44)
+
+TUESDAY, DECEMBER 20, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+You do not hate to read Newspaper Essays on the new constitution, more
+than I hate to write them. Then _we will be short_--which I have often
+found the _best_ expression in a dull sermon, except the _last_.
+
+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.
+
+The design undoubtedly was, that the house of representatives should be a
+_popular_ 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 _principles_ 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.
+
+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? 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 _hereditary majesty_ and _nobility_. 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
+_only_ branch who are appointed by the people--and they are chosen but once
+in _seven years_. 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.
+
+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 _hereditary_ 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 _seven
+years_, unless this same monarch should _end_ 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 _liberty of the press_,--_trial
+by jury_,--_the rights of conscience, or of private property_.
+
+Can you then apprehend danger of oppression and tyranny from the too great
+duration of the power of _your_ rulers?
+
+
+
+
+
+THE LETTERS OF A CITIZEN OF NEW HAVEN, WRITTEN BY ROGER SHERMAN.
+
+
+Printed In
+The New Haven Gazette,
+December, 1789.
+
+
+
+
+Note.
+
+
+These letters are ascribed to Sherman on the authority mentioned at page
+213.
+
+In a letter from James Madison to Edmund Randolph, (_Correspondence_, 1,
+63), he says:
+
+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.
+
+In the _Writings of John Adams_, (VI, 427), is a correspondence between
+Adams and Sherman, produced by these articles, which should be studied in
+connection with them.
+
+
+
+
+A Citizen Of New Haven, I.
+
+
+The New Haven Gazette, (Number 48)
+
+THURSDAY, DECEMBER 4, 1788.
+
+_Observations on the Alterations Proposed as Amendments to the new Federal
+Constitution._
+
+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.
+
+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.
+
+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?
+
+2. That impeachments ought not to be tried by the senate, or not by the
+senate alone.
+
+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.
+
+3. It is said that the president ought not to have power to grant pardons
+in cases of high treason, but the congress.
+
+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.
+
+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.
+
+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.
+
+5. It is proposed to make the president and senators ineligible after
+certain periods.
+
+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.
+
+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.
+
+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.
+
+7. There is one amendment proposed by the convention of South Carolina
+respecting religious tests, by inserting the word _other_, between the
+words _no_ and _religious_ 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.
+
+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.
+
+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.
+
+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.
+
+Congress may make requisitions for supplies previous to direct 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.
+
+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.
+
+A CITIZEN OF NEW HAVEN.
+
+
+
+
+A Citizen Of New Haven, II.
+
+
+The New Haven Gazette, (Number 51)
+
+THURSDAY, DECEMBER 25, 1788.
+
+_Observations on the New Federal Constitution._
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+The liberty of the press can be in no danger, because that is not put
+under the direction of the new government.
+
+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.
+
+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?
+
+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.
+
+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.
+
+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?
+
+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.
+
+It was thought necessary in order to carry into effect the laws 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.
+
+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.
+
+A CITIZEN OF NEW HAVEN.
+
+
+
+
+
+THE LETTERS OF CATO, WRITTEN BY GEORGE CLINTON.
+
+
+Printed In
+The New York Journal,
+September-January, 1787-8.
+
+
+
+
+Note.
+
+
+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:
+
+
+    OCTOBER 18, 1787.
+
+    _Dear Sir_:
+
+    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 _reason_ and
+    _fairness_ 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.
+
+    A. HAMILTON.
+
+
+This copy, so obtained, seems to have been the basis of the following note
+in the _New York Journal_:
+
+
+    "A writer in the state of New-York, under the signature of
+    _Cesar_, came forward against the patriotic _Cato_ and endeavoured
+    to frighten him from starting any objections and threatened that
+    '_Cato_ would be followed by _Cesar_ in all his marches;' but we
+    find that as soon as ever _Cato_ came freely to discuss the merit
+    of the constitution _Cesar_ retreated and disappeared: and since
+    that a publication under the signature of Publius ... has appeared
+    in that state."
+
+
+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 _Cæsar_ mentioned above.
+
+
+
+
+Cato, I.
+
+
+The New York Journal, (Number 2134)
+
+THURSDAY, SEPTEMBER 27, 1787.
+
+For the New York Journal.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK:
+
+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.
+
+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 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.
+
+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 _unshaken perseverance_ 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.
+
+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.
+
+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.
+
+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 _politics_, as well as
+in religious faith, every man ought to think for himself.
+
+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.
+
+CATO.
+
+_Sept. 26, 1787._
+
+
+
+
+Cato, II.
+
+
+The New York Journal, (Number 2136)
+
+THURSDAY, OCTOBER 11, 1787.
+
+For the New York Journal.
+
+_To the_ CITIZENS _of the_ STATE _of_ NEW YORK:
+
+
+    "Remember, O my friends! the laws, the rights,
+    The generous plan of power deliver'd down,
+    By your renown'd Forefathers;
+    So dearly bought, the price of so much blood!
+    O let it never perish in your hands!
+    But piously transmit it to your children."
+
+
+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 shall take no other cognizance of
+his remarks on the _questionable_ shape of my future, or the _equivocal_
+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 _proffered
+constitution_ 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
+_proffered_--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!
+
+In democratic republics the people collectively are considered 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 _might_ have been more perfect.
+
+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 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 _proffered_ 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.(53) 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 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.
+
+CATO.
+
+
+
+
+Cato, III.
+
+
+The New York Journal, (Number 2138)
+
+THURSDAY, OCTOBER 25, 1787.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK:
+
+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.
+
+Although I am conscious that this is an arduous undertaking, yet I will
+perform it to the best of my ability.
+
+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.
+
+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 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 _form a
+perfect union, establish justice, insure domestic tranquility, promote the
+general welfare, and secure the blessings of liberty to you and your
+posterity_, 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.
+
+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, _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_--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.
+
+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, 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, _is a
+government derived from neither nature nor compact_.
+
+_Political liberty_, the great Montesquieu again observes, _consists in
+security, or at least in the opinion we have of security_; and this
+_security_, therefore, or the _opinion_, 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.
+
+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
+_property_ 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
+_domestic tranquility_ without the 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.
+
+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?
+
+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?
+
+It may be suggested, in answer to this, that whoever is a citizen 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.
+
+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.
+
+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.
+
+CATO.
+
+
+
+
+Cato, IV.
+
+
+The New York Journal, (Number 2140)
+
+THURSDAY, NOVEMBER 8, 1787.
+
+For the New York Journal.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK:
+
+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.
+
+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 _chief_, 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 president, delineates his duties and powers; and, lastly,
+declares the causes for which the president and vice-president shall be
+removed from office.
+
+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 _statedly_ 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.
+
+It is remarked by Montesquieu, in treating of republics, that _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_. 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 _ambition_, which in a republican magistrate
+is also remarked, _to be pernicious_, 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, _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_. 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 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.
+
+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.
+
+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--_ambition with idleness_--_baseness with pride_--_the thirst of
+riches without labor_--_aversion to
+truth_--_flattery_--_treason_--_perfidy_--_violation of engagements_--_contempt
+of civil duties_--_hope from the magistrate's weakness_; _but above all,
+the perpetual ridicule of virtue_--these, he remarks, are the
+characteristics by which the courts in all ages have been distinguished.
+
+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 _meanly born_, and
+in adulation to people of fortune and power.
+
+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 powers,
+besides always giving to some one state, from which he is to come, an
+unjust pre-eminence.
+
+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.
+
+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 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 _imperfect
+aristocracy_ bordering on monarchy may be established.
+
+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.
+
+CATO.
+
+
+
+
+Cato, V.
+
+
+The New York Journal, (Number 2145)
+
+THURSDAY, NOVEMBER 22, 1787.
+
+For the New York Journal, &c.
+
+_To the_ CITIZENS _of the_ STATE _of_ NEW YORK.
+
+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.
+
+And here I cannot help remarking that inexplicitness seems to pervade this
+whole political fabric; certainly in political compacts, which Mr. Coke
+calls _the mother and nurse of repose and quietness_ 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 _to live by one man's will became the cause of
+all men's misery_. 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 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.
+
+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; these are some of the many evils that will
+attend the adoption of this government.
+
+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.
+
+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 _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_. He remarks further that _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_; but the framers of this _perfect government_, 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.
+
+It is a very important objection to this government, that the
+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,(54) 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.
+
+CATO.
+
+
+
+
+Cato, VI.
+
+
+The New York Journal, (Number 2163)
+
+THURSDAY, DECEMBER 16, 1787.
+
+For the New York Journal, &c.
+
+_To the_ PEOPLE _of the_ STATE _of_ NEW YORK.
+
+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 "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." 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 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?
+
+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 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.
+
+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.
+
+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 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 "that the levying
+taxes by the poll is grievous and oppressive, and ought to be abolished."
+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.
+
+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 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.
+
+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.
+
+CATO.
+
+
+
+
+Cato, VII.
+
+
+The New York Journal, (Number 2181)
+
+THURSDAY, JANUARY 3, 1788.
+
+For the New York Journal, &c.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK.
+
+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, _convene both houses or
+either of them_. No occasion can exist for calling the assembly without
+the senate; the words _or either of them_ 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 an impartial judicature? And will they not rather serve as a screen to
+great public defaulters?
+
+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 _argumentum
+absurdum_; 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
+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.
+
+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 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 "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." Montesquieu observes that "the course of government is
+attended with an insensible descent to evil, and there is no reascending
+to good without very great efforts." 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?
+
+CATO.
+
+
+
+
+
+THE LETTERS OF CÆSAR, WRITTEN BY ALEXANDER HAMILTON.
+
+
+Printed In
+The Daily Advertiser,
+October, 1787.
+
+
+
+
+Note.
+
+
+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 _Cato_,
+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 _Cæsar_ and his beginning again anew in
+_The Federalist_; 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.
+
+
+
+
+Cæsar, I.
+
+
+The Daily Advertiser, (Number 812)
+
+MONDAY, OCTOBER 1, 1787.
+
+The citizens of the State of New York have received yesterday, from _Cato_
+(an ally of _Pompey_, 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, "as will promote our welfare and be
+justified by reason and truth." 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 _questionable
+shape_, they should have passed unheeded.
+
+Cato tells us that he will not _directly engage as an advocate_ for this
+new form of government, or as an _opponent_. Here Cato, without any
+dispute, acts prudently. It will be wise in him to rest awhile; since he
+has given a _preface_, 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
+_start fair_. A little caution, however, he thinks necessary to be given
+the meantime. "Do not," says this prudent censor, in addressing the
+citizens, "because you will admit that _something_ must be done, adopt
+_anything_." 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 against the new constitution; and, in effect,
+by a periphrastic mode of speech, recommending the rejection of it?
+"_Teach_ the members of the Convention (Cato _very modestly_ 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 _or give you another_." O excellent thought, and happily
+advised! Be clamorous, my friends--be discontented--assert your
+prerogative--forever assert the power and _majesty of the people_. I am not
+willing to suspect any man's intentions, when they aim at giving
+information; but when they come abroad, couched in such _magisterial_
+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 _now a time_ 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 _excellent whole_, because, perhaps some of its parts
+_might have been_ more perfect? There is neither virtue or patriotism in
+such conduct. Besides, how can Cato say, "that the door is now open to
+receive any amendments, or give us _another constitution_, if required?" I
+believe he has advanced this without proper authority. I am inclined to
+believe that the _door of recommendation is shut and cannot be opened by
+the same men_; that the Convention, in one word, is dissolved; if so we
+must reject IN TOTO, or _vice versa_; 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 sagaciously observes, that the _best and wisest man may
+err_; and thence asserts, that every man in _politics_, 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 _clear heads_ and _good
+hearts_, to join his fellow-citizens, and endeavor to reconcile this
+_excellent constitution_ to the _weak_, the _suspicious_, and the
+_interested_, 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 _this state_, 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 _an army_.
+
+Cato, it appears, intends to adventure on perilous grounds; it will
+therefore become him to be cautious on what terms he takes the field. "He
+advises us to attach ourselves to measures, and not to men." In this
+instance he advises well; and I heartily recommend it to _himself_, and
+not to forget the force of that important admonition; for Cato, in his
+future marches, will very probably be _followed_ by
+
+CÆSAR.
+
+Friday.
+
+
+
+
+Cæsar, II.
+
+
+The Daily Advertiser, (Number 826)
+
+WEDNESDAY, OCTOBER 17, 1787.
+
+For the Daily Advertiser.
+
+
+    "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."
+
+
+MR. CHILDS:
+
+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 _avowed Citizens_, could
+have no good tendency at _this time_. 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 _change_. I conceived, therefore, that the wish of every good man
+would be, that _this change might be peaceably effected_. With this view I
+opposed myself to Cato. I asserted, in my last, _that the __ door of
+recommendation was shut, and cannot be opened by the same men--that the
+Convention was dissolved._ 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 _again meet_,
+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 _this subject_, 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 _open such a door_, 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 _absolute Sovereignty_. 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 _all power is seated in the people_.
+For my part, I am not much attached to the _majesty of the multitude_, 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 _form_ of a government; whether
+it is constituted on such principles as will restrain arbitrary power, on
+the one hand, 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 _God_, 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, _who are judges of it_? 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 _inherent rights_. 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
+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 _one_, 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 _that_ 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 _such a change_? If you have--go--retire into
+silent obscurity, and kiss the rod that scourges you.
+
+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 _power_, 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 _their_ good, if an advantageous
+compromise can be effected for _themselves_.
+
+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 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 _usurpation_, (Cato, this expression is very
+indecent--but I will rouse no passions against you) this consolidated
+system Congress did not approve and _therefore_ have been _silent_ 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 _generous plan of government_ for the _United States_
+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 _generous
+plan of power delivered down by their renowned forefathers_. 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.
+
+Cato complains of my anticipating parts of his subject which he intended
+for future periods. I shall break in no more upon his _arrangements_. All
+he can say against the New Constitution has been already disseminated in a
+neighboring State by the glorious defenders of _Shayism_. I shall
+therefore leave Cato to the wicked influences of his own heart, in the
+fullest persuasion that all good 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 _that day_ 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 _power_ and ascertaining
+the _decline_ of the ancient nations in Christendom.
+
+CÆSAR.
+
+October 15.
+
+
+
+
+
+THE LETTERS OF SYDNEY. WRITTEN BY ROBERT YATES.
+
+
+Printed In
+The New York Journal,
+June, 1788.
+
+
+
+
+Note.
+
+
+_Sydney_ 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 _Brutus_,
+written to influence the people, but the elections had taken place before
+the appearance of _Sydney_, 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.
+
+
+
+
+Sydney, I.
+
+
+The New York Journal, (Number 2320)
+
+Friday, June 13, 1788.
+
+For the Daily Patriotic Register.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK.
+
+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.
+
+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 "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."
+
+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 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 "to promote the
+general welfare and secure the blessings of liberty to ourselves and our
+posterity," 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 "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."
+
+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: "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 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."
+
+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 "under the former
+government should be totally suppressed, and all the power of government
+exerted under the authority of the people of the colonies;" 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 "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," and
+as such, the constitution to be formed would operate as a bill of rights.
+
+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 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?
+
+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.
+
+The 1st and 37th paragraphs of the constitution of the state of New York.
+
+The 1st "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."
+
+The 37th, "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."
+
+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 respecting the Indian affairs in
+this state, are a series of violations of these paragraphs, and of the
+13th article of the confederation.
+
+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.
+
+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 "to the sole and express purpose of revising and amending
+the confederation."
+
+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.
+
+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 "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."
+It therefore was a violation of the confederation and of the rights of the
+state for the congressional commissioners of Indian affairs to 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 "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." 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 "to regulate commerce with foreign nations, and among the
+several states, and with the Indian tribes," 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 "imposts or duties on imports," and if they do
+they shall be for the use of the treasury of the United States--and all
+such laws subject to the revision and controul of Congress.
+
+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.
+
+II, III, IX, XII, AND XXXI.
+
+The second paragraph provides "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."
+
+The ninth provides "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."
+
+The twelfth paragraph provides "that the senate shall, in like manner, be
+judges of their own members," etc.
+
+The 31st describes even the stile of laws--that the stile of all laws shall
+be as follows: "Be it enacted by the people of the state of New York
+represented in senate and assembly," 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.
+
+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 "the governor, the chancellor and judges of the supreme
+court, shall revise all bills about to be passed into laws, by the
+legislature."
+
+The powers vested in the legislature of this state by these paragraphs
+will be weakened, for the proposed new government declares that "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," and it further prescribes, that "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."
+
+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 "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," and also "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."
+
+Art. 1st, sect. 7, provides a qualified negative, that is, that "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."
+
+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 "guarantee of a republican
+form of government to every state in the union" be of any avail, or secure
+the establishment and retention of state rights?
+
+If this guarantee had remained, as it was first reported by the committee
+of the whole house, to wit, ... "that a republican constitution, and its
+existing laws, ought to be guaranteed to each state by the United States,"
+it would have been substantial; but the changing the word _constitution_
+into the word _form_ bears no favorable appearance.
+
+IV, V, XII, XVI.
+
+The fourth provides, "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." 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 "the times, places
+and manner of holding elections for senators and representatives shall be
+prescribed in each state by the legislature thereof," yet, as it provides
+that "Congress may at any time by law, make or alter those regulations,
+except as to places of chusing senators"--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.
+
+FROM THE VITH TO THE XIITH.
+
+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.
+
+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.
+
+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.
+
+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 _ins_, were for extending the
+prerogative of the crown, while the _outs_ 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 _ins_ 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 _outs_ 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.
+
+SYDNEY.
+
+
+
+
+Sydney, II.
+
+
+The New York Journal, (Number 2321)
+
+SATURDAY, JUNE 14, 1788.
+
+For the Daily Patriotic Register.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK.
+
+(Concluded from yesterday's paper.)
+
+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.
+
+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. 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.
+
+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.
+
+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.
+
+By the 13th paragraph "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."
+
+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.
+
+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.
+
+There can be no doubt that if the new government be adopted 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 "to every
+state in the union a republican form of government;" we may be allowed the
+form and not the substance, and that it was so intended will appear from
+the changing the word _constitution_ to the word _form_ and the omission
+of the words, _and its existing laws_. 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,
+"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."
+
+By the 9th clause of the same section, "To constitute tribunals inferior
+to the court."
+
+By the 18th clause, "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."
+
+The 3d art., 1st sec., "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."
+
+By sec. 2nd, "The judicial power shall extend to all cases in law and
+equity." 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.
+
+By the 3d art., 3d sec., "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." By 1st
+art., 9th sec., 3d clause, "No bill of attainder or ex post facto law
+shall be passed."
+
+XVII, XVIII, XIX, XX, XXI, XXIII, XL.
+
+The 17th orders "That the supreme executive power and authority of this
+State shall be vested in a governor." 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.
+
+By the 19th paragraph he is to see that the laws and resolutions of the
+legislature be faithfully executed.
+
+By the 27th he is president of the council of appointment, and has a
+casting vote and the commissioning of all officers.
+
+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.
+
+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.
+
+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.
+
+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.
+
+And by the 2nd art., 2d sec., "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."
+
+And by the 6th art., "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." Can this oath be taken by those who have already taken one
+under the constitution of this state?
+
+XVIII, SEC. 17; XIX, SEC. 17; XX SEC. 17; XXI, SEC. 17; XXIII, SEC. 17;
+XXII TO XXX INCLUSIVE.
+
+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.
+
+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.
+
+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.
+
+Twenty-five and 28, which offices are incompatible, and the tenure and
+duration of such officers.
+
+Twenty-six, that sheriffs and coroners be annually appointed, and shall
+not continue more than four years.
+
+Twenty-seven, that the officers of the court be appointed by the
+respective courts, except the attorneys, by the first judge of every
+court.
+
+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.
+
+Thirty, directs the mode how the delegates to represent this state in the
+general Congress of the United States shall be elected.
+
+I apprehend that the paragraphs aforesaid will be compleatly rendered
+unoperative by the following articles in the new constitution:
+
+Second article, second section, second clause, the president "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." By the 1st art., 8 section, 9, 18 clauses, Congress
+have power "to constitute tribunals inferior to the supreme court, 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."
+
+By the third article, 2d section, there is an extensive federal power as
+above-mentioned.
+
+By the 2d article, 2d section, the president "shall take care that the
+laws be faithfully executed, and shall commission all the officers of the
+United States."
+
+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.
+
+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.
+
+The 32d paragraph orders, "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."
+
+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.
+
+The 34th allows the parties impeached or indicted for crimes and
+misdemeanors to have counsel.
+
+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.
+
+By 3d art., 2d sec, 3d clause, the trial of all crimes is regulated.
+
+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.
+
+XXXIII, SEC. 32; XXXIV, SEC. 32; XXXV, SEC. 13; XXXVII, SEC. 1; XXXVIII,
+XXXIX.
+
+The 38th paragraph provides "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."
+
+The 39th provides that "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."
+
+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.
+
+XLII.
+
+This paragraph provides "that it shall be in the discretion of the
+legislature to naturalize all such persons and in such manner as they
+shall think proper."
+
+The 1st art., 8 sec., 4th clause, give to the new government power to
+establish a uniform rule of naturalization.
+
+And by the 4th art., 2d sec., "the citizens of each state shall be
+entitled to all the privileges and immunities of citizens in the several
+states," whereby the clause is rendered entirely nugatory.
+
+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 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 "to provide for the
+general welfare of the United States," 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.
+
+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.
+
+SYDNEY.
+
+
+
+
+
+CURSORY REMARKS BY HUGH HENRY BRACKENRIDGE.
+
+
+Printed In
+The American Museum,
+April, 1788.
+
+
+
+
+Note.
+
+
+This article first appeared in _The Pittsburgh Gazette_, but as I have not
+been able to find a file of that paper, I have been compelled to reprint
+it from _The American Museum_. It was anonymous, but its authorship is
+settled by its republication in Brackenridge's "_Gazette Publications_,"
+printed in book form in 1806.
+
+
+
+
+Cursory Remarks.
+
+
+The American Museum, (Number 4)
+
+APRIL, 1788.
+
+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.
+
+The first thing that strikes a diligent observer, is the want of
+precaution with regard to the _sex_ 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 _old woman_ at the head of our affairs? But what security have we
+that he shall be a _white man_? What would be the national disgrace if he
+should be elected from one of the southern states, and a _vile negro_
+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 _freeman_? 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 _perfect parts_? Shall we, in affairs of a civil
+nature, leave a door open to lame men, bastards, eunuchs, and the devil
+knows what?
+
+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 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.
+
+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.
+
+But what avails it to dwell on these things? The want of a _bill of
+rights_ is the great evil. There was no occasion for a bill of _wrongs_;
+for there will be wrongs enough. But oh! a _bill of rights_! What is the
+nature of a bill of rights? "It is a schedule or inventory of those powers
+which Congress do not possess." 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--
+
+1. The _rights of conscience_ 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.
+
+2. The _liberty of the press_--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.
+
+3. The _trial by jury_--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.
+
+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 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(55) in state affairs?
+
+Were it not on this principle that we are able to account for it, it might
+be thought strange that old Livingston,(56) 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.
+
+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?
+
+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.
+
+I shall content myself at present with these strictures, but shall
+continue them from time to time as occasion may require.
+
+
+
+
+
+LETTER OF CAUTION, WRITTEN BY SAMUEL CHASE.
+
+
+Printed In
+THE MARYLAND JOURNAL,
+October, 1788.
+
+
+
+
+Note.
+
+
+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 _post_. 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:
+
+
+    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.
+
+    (Published by request of many electors of Baltimore Town.)
+
+    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.
+
+    _September 26, 1787._
+
+    Having been informed that my engagements of yesterday, to the
+    meeting at the Court House, "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," 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 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.
+
+    SAMUEL CHASE.
+
+    _Baltimore, September 27, 1787._
+
+
+There are attacks on Chase, by "Steady" in the _Maryland Journal_ of
+September 28, 1787, and by "Spectator," in the _Maryland Journal_ of
+October 9, 1787.
+
+
+
+
+Caution.
+
+
+The Maryland Journal, (Number 976)
+
+FRIDAY, OCTOBER 12, 1787.
+
+TO THE INHABITANTS OF BALTIMORE TOWN,
+
+An attempt to _surprise_ you into any _public_ 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 _hastily_ 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, _without any amendment or alteration_.
+
+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 of the petition is to draw you into a
+declaration in favour of the _whole_ 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 _real_ intention of the promoters and
+carriers of this petition was _only_ to obtain your opinion in favour of
+calling a Convention, it might have been expressed in a _few_ 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.
+
+In my opinion, it is not necessary or proper for you, _at this time_, to
+express your approbation, or disapprobation, of the new constitution for
+the United States, for the following reasons:
+
+First--because the decision, _for_ or _against_ 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 _both_ 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 _chance_ and not by _reason_.
+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 _haste_, on so momentous a subject, it is not
+_unreasonable_ to require their motives; and it is not _uncharitable_ to
+suspect that they are improper; and no possible mischief or inconvenience
+can happen from delay.
+
+_October 11, 1787._
+
+CAUTION.
+
+
+
+
+
+LETTER OF A FRIEND TO THE CONSTITUTION, WRITTEN BY DANIEL CARROLL.
+
+
+Printed In
+The Maryland Journal,
+October, 1787.
+
+
+
+
+Note.
+
+
+Daniel Carroll wrote Madison that he had replied to Chase's "Caution," 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.
+
+
+
+
+A Friend To The Constitution.
+
+
+The Maryland Journal, (Number 977)
+
+TUESDAY, OCTOBER 16, 1787.
+
+TO THE INHABITANTS OF BALTIMORE TOWN.
+
+You have been addressed in the last Friday's paper, by a writer under the
+signature of _Caution_, who would persuade you that you ought to withhold
+your approbation, at this time, from the Federal Constitution recommended
+by the Convention.
+
+This writer may have the best intentions in the world towards the _public
+welfare_, and the _prosperity of Baltimore_; 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 _at this time_, but
+at any _future time_.
+
+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 _recent promise_ 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.
+
+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, _for their assent and
+ratification_.
+
+Mr. C---- being called upon, before his election, to declare himself on this
+point, promises to the people, "that he will use his endeavours, if
+elected, to call a Convention."
+
+I would just observe on this resolve and promise: First--that the resolve
+makes it an _absolute condition_ that the legislature recommend a
+Convention _to assent to, and ratify, the Constitution_. Secondly--that the
+_promise_ made by Mr. C---- is obligatory upon him, to use his endeavors to
+procure a Convention _for this purpose_.
+
+Another remark, which occurs on this occasion, is, that Mr. C---- could not
+mean that a Convention ought to be called _for any other purpose_ 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 _contrary_ 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 _author of Caution_, who argues strenuously,
+though indirectly, _against adopting the Constitution_.
+
+From this brief view of the nature and intention of the resolve, I think
+it is evident that the people ought, _without delay_, to signify their
+approbation of the Constitution by _a petition to the legislature_, 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 _authority of the largest and most promising commercial and
+manufacturing Town in the State_ to countenance so _important a
+recommendation_. But _Caution_ thinks a petition _improper_ and
+_unnecessary_; because, says he, "your Delegates will move for, and exert
+themselves to procure, the calling a Convention." Admitting your Delegates
+to move to have a Convention called, does it follow that they will add to
+their motion these _essential words, to confirm and ratify the
+Constitution_? 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 _propriety_ and _necessity_ of a petition does not depend
+on what your Delegates may, or may not do. It is _proper_ at this time,
+because the Constitution meets your approbation. It is _necessary_ at this
+time, because wanted as an inducement to the legislature to call upon the
+people to appoint a Convention to carry into effect the object of the
+resolution. In other words, as the recommendation for a Convention
+_involves the legislature in a complete approbation of the Constitution_,
+there is the greatest _propriety_ and _necessity_ for your telling the
+legislature _that it meets your approbation_.
+
+I am sorry to find, by _Caution's_ 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 _so
+peculiarly interested in its speedy adoption_. 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.
+
+"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 _public good_; and I do not
+mean to make any personal reflection, when I add, that it is _the interest
+of a very numerous, powerful and respectable body to counteract and
+destroy the excellent work produced by the late Convention_. 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.
+_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._ I will confess, indeed, that I am not a blind admirer of
+this plan of government, and _that there are some parts of it_, 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 am satisfied that anything _nearer to perfection_
+could not have been accomplished. If there are errors, _it should be
+remembered_, 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 _alterations and amendments_. Regarding it, then, in every point
+of view, with a candid and disinterested mind, I am bold to assert, that
+is the _best form of government which has ever been offered to the
+world_."
+
+A FRIEND TO THE CONSTITUTION.
+
+_Baltimore, October 13, 1787._
+
+
+
+
+
+THE LETTERS OF LUTHER MARTIN.
+
+
+Printed In
+The Maryland Journal,
+January-March, 1788.
+
+
+
+
+Note.
+
+
+Luther Martin, afterwards nick-named the "bull-dog of federalism," was at
+this time the leading Anti-federalist in Maryland. From his pen came the
+pamphlet entitled _Genuine Information ... Relative to the Proceedings of
+the General Convention_; and when the "Landholder," (see _Ante_, 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.
+
+In the _New York Journal_ 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.
+
+
+
+
+Luther Martin, I.
+
+
+The Maryland Journal, (Number 1004)
+
+FRIDAY, JANUARY 18, 1788.
+
+MR. WILLIAM GODDARD:
+
+_Sir_,
+
+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 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, "that it was a
+monster of such horrid mien, as to be hated need but to be seen." 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, 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.
+
+I am, sir, your very obedient servant,
+
+LUTHER MARTIN.
+
+_Baltimore, January 13, 1788._
+
+
+
+
+Luther Martin, II.
+
+
+The Maryland Journal, (Number 1018)
+
+FRIDAY, MARCH 7, 1788.
+
+MR. GODDARD:
+
+_Sir_,
+
+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,(57) 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 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 "stated" all the
+"information" on this subject that was necessary or material, and that I
+left no defect for the Landholder to supply. I there mentioned that "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." 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 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 "necessary information." 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 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 "minutely informed"
+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: "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," &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 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 "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;" 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 "committee," 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 there was no committee while I was there, of whose proceedings I was
+not at least "so minutely informed," 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 "by the Convention." 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
+"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." 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 "face to face with his
+colleagues in the Convention of Massachusetts," why did he not, unless he
+wished to mislead the public, also inform us for what purpose he was
+there?
+
+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 "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;" 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 "if charges against Mr.
+Gerry are not true why do not his colleagues contradict them?" and "why is
+it that we do not see Mr. McHenry's verification of your assertions?" If
+these Gentlemen were to do Mr. Gerry that justice, he might as well
+inquire "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." When the
+Landholder in his eighth number addressed himself to Mr. Gerry he
+introduces his charges by saying "you doubtless will recollect the
+following state of facts; if you do not every member of the Convention
+will attest them." 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 "attest" his statement of facts. Many reasons
+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,(58) 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 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.
+
+I am, sir, your very humble servant,
+
+LUTHER MARTIN.
+
+_Baltimore, March 3, 1788._
+
+
+
+
+Luther Martin, III.
+
+
+The Maryland Journal, (Number 1021)
+
+TUESDAY, MARCH 18, 1788.
+
+Number I.
+
+TO THE CITIZENS OF MARYLAND.
+
+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 when I had the honour of being
+called before the House of Delegates. No "extreme modesty" on my part was
+requisite to induce me to conceal the "sacrifice of resentments" 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 "doubtless must
+remember Mr. Gerry and myself never voted alike, except in the instances"
+he has mentioned. As little foundation is there in his assertion, that I
+"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." 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. 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 "private meetings" 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 "placed beyond the
+reach of ordinary panegyrick," and to that "magnanimity" 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 "draws aside the veil," 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 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 "endless garrulity," 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 "opened in a speech which held during two
+days." 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 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
+"alone advocated the political heresy, that the people ought not to be
+trusted with the election of representatives." 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 "political heresy," 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
+"jargon" attributed to me of maintaining that "notwithstanding each state
+had an equal number of votes in the senate, yet the states were unequally
+represented in the senate," the Landholder has all the merit of its
+absurdity; nor can 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.(59) 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.
+
+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 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 "I contended the powers and authorities of the new
+constitution must destroy the liberties of the people," he for once
+stumbled on the truth, but even this he could not avoid coupling with an
+assertion utterly false. I never suggested that "the same powers could be
+safely entrusted to the old Congress;" 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.
+
+LUTHER MARTIN.
+
+_Baltimore, March 14, 1788._
+
+
+
+
+Luther Martin, IV.
+
+
+The Maryland Journal, (Number 1022)
+
+FRIDAY, MARCH 21, 1788.
+
+Number II.
+
+TO THE CITIZENS OF MARYLAND.
+
+In the recognition which the Landholder professes to make "of what
+occurred to my advantage," he equally deals in the arts of
+misrepresentation, as while he was "only the record of the bad," 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 "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." 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, "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 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." 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.
+
+That I "voted an appeal should lay to the supreme judiciary of the United
+States, for the correction of all errors both in law and fact," 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 "I agreed to the clause that
+declares nine states to be sufficient to put the government in motion." 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 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 "mortifying it may be to my vanity," to disavow
+all "those greater positive virtues" 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, 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, 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
+sitting by me a proposition, which I then had in my hand, couched in the
+following words: "Resolved that a committee be appointed to prepare and
+report a bill of rights, to be prefixed to the proposed Constitution," 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.
+
+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.
+
+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 "ignorance in the science of government" 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 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 "would have honoured the
+Constitution with my signature had not indispensable business called me
+away," 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
+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.
+
+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.(60) 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 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 "high approbation," 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 "name enrolled with the other labourers," that I wished to return
+to Philadelphia--that sacrifice which I must have made of my 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 "alter my opinion after I
+left Philadelphia," and that I acted no "contradictory parts on the great
+political stage," 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 "Deputy Attorney General of the
+United States for the State of Maryland." 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.
+
+LUTHER MARTIN.
+
+_Baltimore, March 19, 1788._
+
+
+
+
+Luther Martin, V.
+
+
+The Maryland Journal, (Number 1024)
+
+FRIDAY, MARCH 28, 1788.
+
+Number III.
+
+TO THE CITIZENS OF MARYLAND.
+
+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,(61) it is true, is an exception from this observation; he
+declares, that "if the whole matter was left to his discretion, he would
+not change any part of the proposed Constitution," 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 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 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 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 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 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.
+
+LUTHER MARTIN.
+
+_Baltimore, March 25, 1788._
+
+
+
+
+Luther Martin, VI.
+
+
+The Maryland Journal, (Number 1026)
+
+FRIDAY, APRIL 4, 1788.
+
+Number IV.
+
+TO THE CITIZENS OF MARYLAND.
+
+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 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, "Thus far shall ye go and no
+farther." Ascertain the limits of the may with ever so much precision, and
+let them be as extensive as you 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
+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 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 "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." 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, "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." 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 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, "a discontented,
+variable race, weary of liberty and fond of change." 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.
+
+LUTHER MARTIN.
+
+_Baltimore, March 29, 1788._
+
+
+
+
+
+LETTER OF A PLAIN DEALER, ACCREDITED TO SPENCER ROANE.
+
+
+Printed In
+The Virginia Independent Chronicle,
+February, 1788.
+
+
+
+
+Note.
+
+
+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 _The Virginia Gazette_ and _The Virginia
+Independent Chronicle_, as well as in pamphlet form at the time, and
+recently in Ford's _Pamphlets on the Constitution_. 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.
+
+The essay of "A Plain Dealer" 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:
+
+
+    A writer calling himself Plain Dealer, who is bitter in principle
+    _vs._ 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.
+
+
+
+
+A Plain Dealer.
+
+
+The Virginia Independent Chronicle, (Number 82)
+
+WEDNESDAY, FEBRUARY 13, 1788.
+
+_Mans parturiens et ecce nascitur mus._
+
+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 _real_ 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
+"unwillingness to disturb the harmony of the legislature" on this
+important subject; nor could I conceive that the sentiments of even the
+ablest man among us could "excite a contest unfavorable" 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, "by motives of delicacy arising
+from two questions depending before the General Assembly, one respecting
+the Constitution, the other respecting himself;" 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.
+
+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 "that if after our best
+efforts for amendments, they cannot be obtained, he will adopt the
+Constitution as it is." 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,(62) as printed in the
+public papers, "that either a monarchy or an aristocracy will be generated
+from the proposed Constitution." 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 is to be sacrificed in its infancy, and
+before it has had a fair trial. But his Excellency will adopt this
+Constitution, "BECAUSE HE WOULD REGULATE HIMSELF BY THE SPIRIT OF
+AMERICA." 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 "ONE ON WHICH THE FATE OF
+THOUSANDS YET UNBORN DEPENDS." 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 "that the
+representation of the states bears no proportion to their importance."
+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.
+
+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 _in itself_ 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, 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.
+
+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, "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!"
+
+A PLAIN DEALER.
+
+
+
+
+
+REMARKS ON THE NEW PLAN OF GOVERNMENT, BY HUGH WILLIAMSON.
+
+
+Printed In
+The State Gazette Of North Carolina.
+1788.
+
+
+
+
+Note.
+
+
+No file of the _State Gazette of North Carolina_ 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:
+
+
+    "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."
+
+
+
+
+Remarks.
+
+
+State Gazette Of North Carolina.
+
+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.
+
+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
+"_the trial of all crimes_, except in cases of impeachment, _shall be by
+jury_" but this provision could not possibly be extended to all _civil_
+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 their laws on this occasion to the
+desires and habits of the nation. Surely there is no prohibition in a case
+that is untouched.
+
+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.
+
+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 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.
+
+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.
+
+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
+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.
+
+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.
+
+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.
+
+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.
+
+Such have been the objections against the new constitution.
+
+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.
+
+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 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.
+
+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: 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 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.
+
+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,(63)
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+
+
+
+
+LETTER OF A STEADY AND OPEN REPUBLICAN, WRITTEN BY CHARLES PINCKNEY.
+
+
+Printed In
+The State Gazette Of South Carolina,
+May, 1788.
+
+
+
+
+Note.
+
+
+In the file of the _State Gazette of South Carolina_ 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.
+
+
+
+
+A Republican.
+
+
+The State Gazette Of South Carolina, (Number 3610)
+
+MONDAY, MAY 5, 1788.
+
+MRS. TIMOTHY:
+
+The enclosed,(64) 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.
+
+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.
+
+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 grounds to think Great Britain wishes to separate
+from the rest, and to have reverted to her if possible.
+
+Mr. Martin's(65) 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 _an individual_ of a state situated
+almost in the centre of the rest, and much safer by that means from sudden
+alarms. But the generous, manly _and truly federal sentiments of Maryland_
+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.
+
+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, "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." This Hint is full of that foresight and penetration
+the Doctor has always been remarkable for.
+
+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.
+
+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
+
+A STEADY AND OPEN REPUBLICAN.
+
+_Charleston, May 2d, 1788._
+
+
+
+
+
+BIBLIOGRAPHY.
+
+
+[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.--_Ed._]
+
+Brackenridge, Hugh Henry.
+Pittsburg Gazette.
+
+Bryan, Samuel. "Centinel."
+Independent Gazetteer.
+
+Carroll, Daniel. "A Friend to the Constitution."
+Maryland Journal.
+
+Chase, Samuel. "Caution."
+Maryland Journal.
+
+Clinton, De Witt. "A Countryman."
+New York Journal.
+
+Clinton, George. "Cato."
+New York Journal.
+
+Coxe, Tench. "A Freeman."
+Pennsylvania Gazette.
+
+Coxe, Tench. "An American."
+Independent Gazetteer.
+
+Coxe, Tench. "A Pennsylvanian."
+Pennsylvania Gazette.
+
+Duer, William. "Philo-Publius."
+Daily Advertiser.
+
+Davie, William Richardson. "Publicola."
+North Carolina State Gazette.
+
+Dickinson, John. "Fabius."
+Humphrey's Mercury.
+
+Ellsworth, Oliver. "A Landholder."
+Connecticut Courant.
+
+Findley, William. "An Officer of the Continental Army."
+Independent Gazetteer.
+
+Gerry, Elbridge.
+Massachusetts Centinel.
+
+Gerry, Elbridge.
+American Herald.
+
+Hamilton, Alexander. "Publius."
+Various papers.
+
+Hamilton, Alexander. "Cæsar."
+Daily Advertiser.
+
+Hanson, Alexander Contee. "Aristides."
+Maryland Journal.
+
+Hopkinson, Francis. "A. B."
+Independent Gazetteer.
+
+Iredell, James. "Marcus."
+North Carolina State Gazette.
+
+Jay, John. "Publius."
+Various papers.
+
+Lamb, John. "Conciliator."
+New York Journal.
+
+McKnight, Dr. Charles. "The Examiner."
+Daily Advertiser.
+
+Martin, Luther.
+Maryland Journal.
+
+Madison, James. "Publius."
+Various papers.
+
+Nicholas, John. "Decius."
+Virginia Independent Chronicle.
+
+Pinckney, Charles. "A Steady and Open Republican."
+State Gazette of South Carolina.
+
+Randolph, Thomas Mann. "A Republican Federalist."
+Virginia Independent Chronicle.
+
+Roane, Spencer. "A Plain Dealer."
+Virginia Independent Chronicle.
+
+Sherman, Roger. "A Countryman."
+New Haven Gazette.
+
+Sherman, Roger. "A Citizen of New Haven."
+New Haven Gazette.
+
+Sullivan, James. "Cassius."
+Massachusetts Gazette.
+
+Tucker, St. George. "A State Soldier."
+Virginia Independent Chronicle.
+
+Williams, William.
+American Mercury.
+
+Williamson, Hugh.
+North Carolina State Gazette.
+
+Winthrop, James. "Agrippa."
+Massachusetts Gazette.
+
+Workman, Benjamin. "Philadelphiensis."
+Independent Gazetteer.
+
+Yates, Robert. "Brutus."
+New York Journal.
+
+Yates, Robert. "Sydney."
+New York Journal.
+
+
+
+
+
+INDEX.
+
+
+"A. B.," pseudonym of, 416.
+
+Adams, John, 117, 231.
+
+"Agrippa," pseudonym of, 22, 29, 49, 417.
+
+"American," pseudonym of, 415.
+
+American Herald, 123, 416.
+
+American Mercury, 417.
+
+American Museum, 315.
+
+Anarchy, danger of, 15, 165;
+  predicted, 18.
+
+Anti-Federalists, character of, 25.
+
+"Aristides," pseudonym of, 372, 416.
+
+Aristocracy, favorers of, 5;
+  small danger of, 165;
+  southern, 258;
+  causes of, 298;
+  tendencies to, 223.
+
+Articles of Confederation, 238;
+  advantages of, 77;
+  amendment of, 80, 98;
+  defects in, 255;
+  ease of amendment of, 117;
+  proposed amendment to, 84.
+
+Baldwin, Simeon, 213.
+
+Ballot, 305.
+
+Baltimore, 327, 333.
+
+Bill of rights, 28, 95, 113, 117, 119, 163, 219, 299, 320, 325, 364.
+
+Blair, John, 162.
+
+Bowdoin, James, 3, 6.
+
+Brackenridge, H. H., 315, 415.
+
+"Brutus," pseudonym of, 269, 295, 417.
+
+Bryan, George, 221.
+
+Bryan, Samuel, 415.
+
+"Cæsar," pseudonym of, 245, 250, 279, 416.
+
+Canada, 191;
+  dangers from, 157.
+
+Capital, 262;
+  place for, 73, 321.
+
+Capitation tax, 272.
+
+"Capt. M'Daniel," pseudonym of, 122.
+
+Carroll, Daniel, 325, 329, 415.
+
+Carthage, 93.
+
+"Cassius," pseudonym of, 1, 51, 416.
+
+"Cato," pseudonym of, 243, 281, 415.
+
+"Caution," pseudonym of, 323, 415.
+
+"Centinel, The," pseudonym of, 218, 415.
+
+"Charles James Fox," pseudonym of, 51.
+
+Chase, Samuel, 323, 415;
+  promises of, 333;
+  speech of, 325.
+
+Childs, Francis, 250.
+
+"Citizen of New Haven," pseudonym of, 229, 416.
+
+Citizenship, 270;
+  rights of, 42.
+
+Clinton, De Witt, 415.
+
+Clinton, George, 173, 243, 281, 415.
+
+Coinage, uniformity of, 35.
+
+Coke, 266.
+
+Commerce of America, 95;
+  inter-state, congressional power over, 118;
+  regulation of, 97.
+
+Commercial treaties, power to make, 234.
+
+"Conciliator," pseudonym of, 416.
+
+Congress, Continental, action on the Constitution, 253, 289;
+  retrospective view of, 298;
+  inadequate powers of, 34.
+
+Congress, difference between state legislature and, 224;
+  length of session of, 239;
+  members of, 225;
+  character of, 227;
+  character from South, 258;
+  election of, 86;
+  privileges of, 33;
+  restriction on, 234;
+  interest of, 220;
+  journal of, 33;
+  nature of, 267;
+  powers of, 27, 32, 34, 41, 98;
+  to alienate territory, 80;
+  to coerce the states, 184;
+  over delinquent states, 358;
+  over citizens, 80;
+  over elections, 30, 37, 118, 276;
+  over inter-state commerce, 118;
+  over judiciary, 66;
+  over militia, 184;
+  law-making powers of, 45;
+  of taxation, 235;
+  over territories, 43;
+  over trade, 61;
+  representation in, 151.
+
+Connecticut, 183, 355;
+  address to, 215;
+  constitution of, 148;
+  Courant, 135, 415;
+  convention, 178, 207;
+  legislature of, 219;
+  manufactures of, 202;
+  taxation in, 74, 148;
+  tribute to New York from, 180.
+
+Constituents, instructions from, 28.
+
+Constitution, a creation of power, 145, 147;
+  adequacy of, 35;
+  adopting clause of, 131, 184, 362;
+  advantages of, 21;
+  amendment of, 44, 100, 118, 200, 233, 251, 284, 334;
+  attempts to surprise the people with, 327;
+  character of opposers of, 11, 143;
+  comparison of, 339;
+  with constitution of N. Y., 297;
+  with English, 381;
+  consolidating tendencies of, 65, 69, 70, 158, 258, 297;
+  construction of, 43;
+  objections to, 25, 53, 132, 151;
+  definition of, 116;
+  despotic power of, 28;
+  effect of, 95;
+  excellence of language of, 156;
+  expense of, 60;
+  general clauses of, 83, 96, 119;
+  importance of, 248;
+  judicial power under, 39;
+  laws made under, 360;
+  merits of, 27;
+  new powers granted by, 238;
+  powers under, 153, 156, 163, 220;
+  opposition to, 39;
+  preamble of, 208;
+  reasons for not submitting to state legislature, 139;
+  reception of, 9;
+  rejection of, 100;
+  remarks on, 237, 395;
+  supreme law of the land, 184;
+  want of explicitness in, 155, 260, 265;
+  should be tried before amending, 235;
+  writers against, 12.
+
+Convention, Federal, 238, 247, 284, 287;
+  appeals to the people, 140;
+  character of the members of, 20;
+  committees of, 348;
+  dissenting members of, 104;
+  harmony of, 191;
+  ignorance of the members of, 22;
+  illegal action of, 104;
+  irritated condition of, 367;
+  journals of, 347;
+  large vs. small states in, 355;
+  meetings of, 345;
+  meetings of members of, 355;
+  object of, 35;
+  powers of, 252, 290;
+  proceedings in, 130, 174, 183, 341;
+  secrecy of, 252, 298;
+  spirit of, 167;
+  wisdom of, 252.
+
+Convention, second, 62, 235, 375.
+
+Council, lack of, 162.
+
+"Countryman, A," pseudonym of, 211, 415, 416.
+
+Courts, Federal, 36, 40, 83.
+
+Courts, State, 54.
+
+Coxe, Tench, 415.
+
+Credit, public, 73, 197.
+
+Creditors, public, 60;
+  justice to, 35.
+
+Criminal prosecution, laws for, 67.
+
+Daily Advertiser, 250, 279, 415, 416.
+
+Davie, William Richardson, 415.
+
+Debt, Continental, 60, 73, 77, 95, 97, 127.
+
+Debtors, opposition of, to constitution, 144.
+
+"Decius," pseudonym of, 416.
+
+Delaware, 163, 355.
+
+Dickinson, John, 415.
+
+Duer, William, 415.
+
+Duties, 77;
+  Massachusetts' share of, 84;
+  paid by consumers, 271;
+  uniformity of, 35.
+
+Eastern states, carrying trade of, 162.
+
+Elections, 116;
+  frequency of, 227;
+  power of Congress over, 30, 118, 276;
+  provisions for, 37.
+
+Ellsworth, Oliver, 135, 415.
+
+England, laws of, against treason, 42;
+  religious freedom in, 168.
+
+Europe, governments of, 256;
+  treaties with, 89.
+
+"Examiner," pseudonym of, 18, 416.
+
+Excise forbidden, 118.
+
+Executive, 158, 260, 310;
+  advice of, 38;
+  blended with legislative, 240, 275;
+  council for, 163;
+  impeachment of, 39;
+  ineligible, after service, 234;
+  may be a woman, 319;
+  method of electing, 263;
+  not specified, 319;
+  objections to, 162;
+  powers of, 39, 261;
+  power over pardon, 234, 240;
+  power to convene Congress, 275;
+  re-eligibility of, 354, 374;
+  to be elected annually, 119;
+  under constitution, 37;
+  vote of, 38;
+  veto power of, 34.
+
+Ex post facto law, 163.
+
+"Fabius," pseudonym of, 415.
+
+Federal Government, necessity for, 141.
+
+Federalists, aristocratic tendencies of, 89.
+
+Findley, William, 100, 321, 415.
+
+Fisheries, 194;
+  power over, 234.
+
+Flax, 202.
+
+Foreign influence, 103.
+
+Foreign nations, intercourse with, 80.
+
+Forests, value of, 194.
+
+France, public debt to, 73.
+
+Franchise, 226.
+
+Frankland, 258.
+
+Franklin, Benjamin, 23, 26, 218, 321, 370.
+
+"Freeman," pseudonym of, 415.
+
+"Friend to the Constitution," 329, 415.
+
+Georgia, 164, 190, 259, 355.
+
+Gerry, Elbridge, 25, 51, 53, 104, 123, 127, 130, 137, 161, 172, 182, 186,
+            339, 341, 350, 416;
+  conciliating conduct of, 174;
+  hypocrisy of, 174;
+  objections to constitutions, 132;
+  remarks on, 150.
+
+Goddard, William, 341.
+
+Government, divisions of, 116;
+  encroaching tendencies of, 376;
+  General and State linked, 153;
+  Greek and Roman, 55;
+  importance, 247;
+  necessity of, to society, 111;
+  opposition to, 24;
+  a strong one necessary for liberty, 147.
+
+Great Britain, dangers from, 190;
+  resentment of, 89.
+
+Habeas corpus, suspension of, 36.
+
+Hamilton, Alexander, 245, 279, 416.
+
+Hampshire Gazette, 5.
+
+Hancock, John, 3, 5, 10.
+
+Hanson, Alexander Contee, 372, 416.
+
+Hartford, 216.
+
+Harvard College Library, 40.
+
+Holland, public debt due, 73.
+
+Hopkinson, Francis, 416.
+
+Humphrey's Mercury, 415.
+
+Impeachment, 39, 233, 312, 391;
+  in Massachusetts, 41;
+  methods of, 30;
+  powers of Senate in, 29.
+
+Independent Chronicle, 5.
+
+Independent Gazetteer, 218, 415, 416, 417.
+
+India, trade with, 109.
+
+Indian affairs, 301;
+  lands, 300.
+
+Iredell, James, 416.
+
+Jay, John, 416.
+
+Judiciary, 54, 159, 235, 241;
+  appeals to, 130, 184, 361;
+  appointment of, 69;
+  dangers from, 66, 164;
+  federal, 83;
+  limits of 67, 118;
+  national, 309;
+  oppressiveness of, 159;
+  powers of, 96;
+  restrictions on federal, 119;
+  state, 241.
+
+"Junius," pseudonym of, 51.
+
+Jury, trial by, 41, 131, 308.
+
+"Kempis, O'Flanagan," pseudonym of, 51.
+
+Lamb, John, 173, 245, 416.
+
+"Landholder, A," 129, 135, 205, 339, 344, 415;
+  replies to, 123.
+
+Land grants, power of courts over, 75.
+
+Lands, western, 60, 63, 73.
+
+Lansing, John, Jr., 104.
+
+Lee, Gen. Charles, 161.
+
+Lee, Henry, 162.
+
+Lee, Richard Henry, 161, 177, 390.
+
+Liberty of the press, 365.
+
+Locke, 257.
+
+Loyalists, opposition of, to constitution, 143.
+
+M'Henry, James, 131, 187, 347, 350.
+
+McKean, Thomas, 90, 100.
+
+McKnight, Dr. Charles, 416.
+
+MacLaughlin, Neil, 321.
+
+Madison, 162, 231, 325, 387, 416.
+
+Magna Charta, 219.
+
+Maine, secession of, 257.
+
+Manufactures in America, 201.
+
+"Marcus," pseudonym of, 416.
+
+Martin, Luther, 104, 130, 137, 182, 185, 337, 416.
+
+Maryland, 188;
+  convention, 327;
+  Legislature, petition to, 334.
+
+Maryland Journal, 182, 323, 329, 337, 415, 416.
+
+Mason, George, 104, 161, 164, 165, 172, 355.
+
+Massachusetts, 258;
+  Constitution of, 16;
+  convention, 105, 187, 349;
+  proposed resolution for, 84;
+  debt of, 60;
+  delegates from, 29;
+  disadvantages of government for, 102;
+  early history of, 56;
+  feebleness of, 257;
+  impeachment in, 30, 41;
+  Legislature, action on constitution of, 17;
+  means of taxation of, 13;
+  origin of opposition in, 176;
+  plan to aggrandize, 182;
+  position of, 61;
+  public lands of, 63;
+  share of the Continental debt, 77;
+  taxation in, 74;
+  tender law of, 36, 59;
+  warning to, 10.
+
+Massachusetts Centinel, 3, 123, 416.
+
+Massachusetts Gazette, 1, 12, 18, 49, 51, 416, 417.
+
+Mercer, James Francis, 104.
+
+Militia, 358;
+  powers of Congress over, 184;
+  power over, 342, 354;
+  State control of, 118.
+
+Minority, powers of, 33.
+
+Monarchy, small danger of, 165.
+
+Money, receipts and expenditures of public, 36.
+
+Monopolies, power of Congress to create, 70;
+  prevention of, 80.
+
+Montesquieu, 256, 261.
+
+Nails, manufacture of, 202.
+
+Naturalization, 313;
+  powers of Congress over, 79.
+
+Navigation act, 161;
+  motion against, 173;
+  right to make, 234.
+
+Netherlands, condition of, 249.
+
+New England, manufactures of, 201.
+
+New Hampshire, 189, 259;
+  interest of, 190, 192;
+  lands in, 75.
+
+New Haven, 216.
+
+New Haven Gazette, 211, 229, 416.
+
+New Jersey, 183, 355.
+
+New Spain, dangers from, 157.
+
+Newspapers, scribblers in, 25.
+
+New York against constitution, 61;
+  Assembly, 245;
+  colonial parties, 306;
+  constitution of, 297, 299;
+  violation of, 301;
+  draft of a constitution for, 307;
+  impost of, 173;
+  opposition in, 176;
+  proposed property qualification in, 307;
+  State convention of 1776, 298;
+  State debt of, 60;
+  Executive, 310;
+  taxation in, 74;
+  tribute from Connecticut to, 180.
+
+New York Journal, 125, 243, 269, 293, 415, 416, 417.
+
+Nicholas, John, 416.
+
+North Carolina, 258.
+
+North Carolina, State Gazette of, 395, 415, 416, 417.
+
+Northern States, character of people of, 92.
+
+Nova Scotia, 191;
+  condition of, 89.
+
+"Numa," pseudonym of, 5, 10.
+
+Oath, 207, 369;
+  character of, 17, 168;
+  of President, 38.
+
+"Ocrico," pseudonym of, 52.
+
+Officers, federal, privileges of, 119.
+
+Office holders, 145;
+  multiplication of, 88.
+
+"Officer of the Continental Army," pseudonym of, 415.
+
+"Old Fog," pseudonym of, 3.
+
+Paper money, 127, 131, 196, 341, 348;
+  motion to redeem, 174, 186;
+  states to emit, 119.
+
+Parties, colonial, 306.
+
+People, dangers from, 179;
+  not to elect representatives, 183;
+  rights of, 115.
+
+Pennsylvania, 369;
+  Assembly, 53, 369;
+  Convention of, 90, 100;
+  future seat of government, 98;
+  naturalization in, 79;
+  opposition in, 176.
+
+Pennsylvania Gazette, 415.
+
+"Pennsylvanian," pseudonym of, 415.
+
+"Philadelphiensis," pseudonym of, 417.
+
+"Philo-Publius," pseudonym of, 415.
+
+Pinckney, C. C., 183.
+
+Pinckney, Charles, 416.
+
+Pittsburg Gazette, 317, 415.
+
+"Plain Dealer, A," pseudonym of, 385, 416.
+
+Poll tax, 272;
+  forbidden, 118.
+
+Population, destiny of, 193.
+
+Press, liberty of, 164, 239.
+
+Prices, depressed state of, 142.
+
+Private opinion, freedom of, 170.
+
+"Publicola," pseudonym of, 415.
+
+"Publius," pseudonym of, 145, 416.
+
+Quorum, dangers from, 32;
+  powers of, 33.
+
+Randolph, Edmund, 104, 231, 346, 387.
+
+Randolph, Thomas Mann, 416.
+
+Religion, freedom of, 168, 313;
+  misuse of, 8.
+
+Religious test, 207, 235;
+  nature of, 169;
+  necessity of, 168.
+
+Representation, 54, 269, 391;
+  best mode of, 151;
+  difference of opinion concerning, 354;
+  smallness of, 236, 240;
+  want of, 151.
+
+Representatives, House of, 54;
+  electors of, 28;
+  insufficiency of, 29;
+  length of residence necessary, 28;
+  method of choosing, 152;
+  method of electing, 27, 357;
+  people should not elect, 183;
+  term of, 28;
+  weakness of, 273.
+
+Republics, Greek and Roman, 94.
+
+"Republican Federalist," pseudonym of, 416.
+
+Republican government, guarantee of, 43, 106.
+
+Revenue bills, origination of, 34.
+
+Revenue, method of collecting, 193;
+  Massachusetts' share of, 102;
+  sources of, 239.
+
+Revolution, the American, 146.
+
+Rhode Island, 105, 108, 115, 159, 196;
+  junto in, 153;
+  legislature of, 31, 36.
+
+Rights, delegated, 113.
+
+Roane, Spencer, 385, 416.
+
+Russell, Benjamin, 127.
+
+Scotland, union with England, 216.
+
+Senate, 29, 273;
+  blended with Executive, 275;
+  method of choosing, 153;
+  officers of, 29;
+  powers of impeachment, 29;
+  treaty power of, 165, 274;
+  unspecified character of, 319.
+
+Shay's Rebellion, 5, 13, 57, 72, 157, 159, 257, 391.
+
+Sheep raising, 201.
+
+Sherman, Roger, 183, 211, 229, 416.
+
+Shipbuilding, 61, 194;
+  carpenters, 61.
+
+Slavery, 258;
+  responsibility for, 163.
+
+Slaves, importation of, 163.
+
+Smilie, John, 100, 321.
+
+Smith, Melancthon, 173.
+
+South Carolina, 164, 183, 265, 355;
+  amendment of, 235;
+  representation in, 108.
+
+Southern States, character of people of 92;
+  objections to commercial powers, 162.
+
+"Spectator," pseudonym of, 326.
+
+States, coercion of, 184;
+  influences, 297;
+  courts, 54, 159;
+  absorption of, 297;
+  dangers to, 153;
+  destruction of, 342;
+  powers of, 98;
+  negative on laws, 360;
+  legislatures, action of, on constitution, 25;
+  Congress a check on, 31;
+  differences between Congress and, 224;
+  powers of, 152;
+  power over elections, 31;
+  representation in, 152;
+  officers, dangers from, 289;
+  restrictions on, 36;
+  rights, 68, 113, 118, 147, 184;
+  admission of new, 42;
+  advantages of, 66;
+  bills of right valid in federal courts, 119;
+  consolidation of, 97, 255;
+  destruction of, 375;
+  disputes between, 64, 100;
+  equality of, in Senate, 29;
+  interest of, 215;
+  large vs. small, 216, 355;
+  number to organize government, 184;
+  rights to enforce laws of, 118.
+
+State Gazette of North Carolina, 395.
+
+State Gazette of South Carolina, 416.
+
+State house, 355.
+
+"State Soldier," pseudonym of, 417.
+
+"Steady and Open Republican," pseudonym of, 416.
+
+"Steady," pseudonym of, 326.
+
+Strong, Caleb, 105.
+
+Sullivan, James, 1, 416.
+
+"Sydney," pseudonym of, 269, 293, 417.
+
+Tax, poll, 273.
+
+Taxation, 156, 193;
+  dangers of, 81;
+  direct, 235, 270;
+  importance of, 271;
+  in Connecticut, 148, 226;
+  method of, 77, 358;
+  powers of Congress over, 97.
+
+Tender acts, 36, 59, 196.
+
+Territory, right to alienate, 80, 118, 234.
+
+Test law, 169, 171, 207, 235.
+
+Town meetings, 226.
+
+Trade, 61;
+  condition of, 140;
+  congressional control over, 161;
+  foreign, 95;
+  limitations of, 54;
+  Massachusetts' advantage for, 73;
+  powers of Congress over, 79;
+  regulation of, 70.
+
+Trading companies, 70, 109;
+  forbidden, 118.
+
+Treason, punishment of, 41.
+
+Treaty power, dangers from, 165.
+
+Treaties, law of the land, 24;
+  with Europe, 89.
+
+Tucker, St. George, 417.
+
+United States, an agricultural country, 200;
+  condition of, 81, 121, 158;
+  dangers to, 178;
+  differences between the inhabitants of, 91;
+  too large for government, 257;
+  tranquillity of, 59.
+
+Vermont, 258.
+
+Vice-president, 240, 263;
+  duties of, 158.
+
+Virginia, 162, 390;
+  house of delegates of, 166;
+  plan to aggrandize, 182;
+  qualifications of, 306;
+  method of, 305;
+  opposition in, 176.
+
+Virginia Gazette, 387.
+
+Virginia Independent Chronicle, 385, 416, 417.
+
+"Vox Populi," pseudonym of, 12, 16, 18.
+
+Washington, George, 23, 26, 161, 177, 218, 251, 254, 285, 321, 347, 370.
+
+West Indies, condition of, 89.
+
+Western territory, 239.
+
+Willetts, Marinus, 173.
+
+Williams, William, 137, 168, 195, 202, 417.
+
+Williamson, Hugh, 395, 417.
+
+Wilson, James, 90, 96, 100, 112, 218, 335.
+
+Winthrop, James, 40, 49, 417.
+
+Woolen manufactures, 201.
+
+Workman, Benjamin, 417.
+
+Yates, Robert, 104, 173, 269, 293, 417.
+
+
+
+
+
+
+FOOTNOTES
+
+
+    1 A writer then attacking the Hancock party. See _The Independent
+      Chronicle_ for Aug. 23, and Sept. 15, 20, 1787. _Ed._
+
+    2 Shay's Rebellion. _Ed._
+
+    3 Massachusetts newspapers published in Northampton and Boston. _Ed._
+
+    4 The administration of Governor Bowdoin. _Ed._
+
+    5 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.
+
+    6 John Hancock. _Ed._
+
+    7 A writer in the _Massachusetts Gazette_, Oct. 30, Nov. 6, 13, 16,
+      and 23. _Ed._
+
+    8 The Legislature of Massachusetts was then so styled. _Ed._
+
+    9 In the _Massachusetts Gazette_, for Nov. 2, 9, and 20, 1787. _Ed._
+
+   10 See the letters of Agrippa in this work. _Ed._
+
+   11 Probably Elbridge Gerry, delegate from Massachusetts to the Federal
+      Convention. _Ed._
+
+   12 Anti-federal scribblers in the Mass. Gazette.
+
+   13 Referring to Rhode Island. _Ed._
+
+   14 Harvard University Library, of which James Winthrop was
+      librarian.--_Ed._
+
+   15 Said to be by James Winthrop. See the letters, printed herein.--_Ed._
+
+   16 Printed in _Elliot_, I, 492.--_Ed._
+
+   17 "An Address of the subscribers, members of the late Houses of
+      Representatives of the Commonwealth of Pennsylvania, to their
+      constituents," printed in the _Pennsylvania Packet_, Oct. 4,
+      1787.--_Ed._
+
+   18 Referring to Shay's rebellion.--_Ed._
+
+   19 Act of 1786, providing that executions issued for private debt may
+      be satisfied by articles particularly enumerated, at an appraised
+      value from impartial men.--_Ed._
+
+   20 No attempt had been made by Massachusetts for several years to pay
+      the interest on its debt, except by the State Treasurer's issuing
+      "consolidated notes" or "certificates" 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.--_Ed._
+
+   21 The sales to the Ohio Company.--_Ed._
+
+   22 By Act of July 5, 1786.--_Ed._
+
+   23 Probably an allusion to the Phelps and Gorham purchase.--_Ed._
+
+   24 An allusion to the proceedings in the Convention of
+      Pennsylvania.--_Ed._
+
+   25 Cf. with page 85.--_Ed._
+
+   26 Robert Yates, John Lansing, Jr., Luther Martin, James Francis
+      Mercer, Edmund Randolph, George Mason, and Elbridge Gerry.--_Ed._
+
+   27 The speech of Caleb Strong in the State Convention, Jan. 16,
+      1788.--_Ed._
+
+   28 Delivered Oct. 6, 1787. Printed in _Ford's Pamphlets on the
+      Constitution_, p. 155.--_Ed._
+
+   29 No record of this is given in the _Debates in the Massachusetts
+      Convention_.--_Ed._
+
+   30 Printed in _Elliot_, I, 492.--_Ed._
+
+   31 Printed in Ford's _Pamphlets on the Constitution_, p. 327.
+
+   32 Richard Henry Lee.
+
+   33 Saturday, September 15. See _Papers of James Madison_, III., 1593.
+
+   34 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.--_Ed._
+
+   35 Mason proposed in the convention that the President should have a
+      privy council of six.--_Ed._
+
+   36 This is an error. It was moved by Mason and seconded by Gerry. Cf.
+      _Papers of James Madison, III._, 1578.
+
+   37 See letter of William Williams in this collection.--_Ed._
+
+   38 John Lamb, Marinus Willetts, Melancthon Smith, George Clinton and
+      Robert or Abraham Yates, the principal anti-federalists of New
+      York.--_Ed._
+
+   39 See counter-statements of Gerry and Martin in their answers.--_Ed._
+
+   40 Cf. _Papers of James Madison_, III, 1595.
+
+   41 The Convention of Connecticut, which was to meet Jan. 4.--_Ed._
+
+   42 The Landholder, IV-VIII, were reprinted in _The Maryland Journal_,
+      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 _The Connecticut Courant_, its place being taken by the
+      number X., printed immediately after this letter.--_Ed._
+
+   43 June 9.--_Ed._
+
+   44 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. _Papers of James Madison_, II., 925.--_Ed._
+
+   45 Mr. Gerry agreed with Mr. Martin on these questions.
+
+   46 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 _Genuine
+      Information_.--_Ed._
+
+   47 June 9, according to Madison, the _Journal_ and Martin's _Genuine
+      Information_.--_Ed._
+
+   48 Gerry, though defeated in an election to the Massachusetts
+      Convention, was invited by them to attend, in order to furnish
+      information to the members.--_Ed._
+
+   49 To prevent any misconstruction the following is the publication
+      entire:
+
+      (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.--_Ed._)
+
+      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 "the public debt should stand on the same ground it now stands
+      on by the articles of confederation." 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.
+
+   50 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.--_Ed._
+
+   51 See Letter of William Williams in this Collection.--_Ed._
+
+   52 This is a paraphrase of the arguments of "The Centinel" in _The
+      Independent Gazetteer_.--ED.
+
+   53 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 "transmitted to
+      the several legislatures."--_Ed._
+
+   54 A series of articles in the _New York Journal_, written by Robert
+      Yates.--_Ed._
+
+   55 John Smilie, a prominent Anti-Federalist.--_Ed._
+
+   56 William Livingston.--_Ed._
+
+   57 See _Ante_, pages 182 and 189.--_Ed._
+
+   58 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 _Genuine Information_ was
+      prepared.--_Ed._
+
+   59 According to this idea, I endeavored to obtain as an amendment to
+      the system the following clause: "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." 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.
+
+   60 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.
+
+   61 A reference to Alexander Contee Hanson's pamphlet, written under the
+      pseudonym of Aristides. It is reprinted in Ford's _Pamphlets on the
+      Constitution_.--_Ed._
+
+   62 Printed in _Elliot_, 1, 503.--_Ed._
+
+   63 Williamson was a member of the Federal Convention.--_Ed._
+
+   64 Following this article was an essay from a New York paper.--_Ed._
+
+   65 See page 339.--_Ed._
+
+
+
+
+
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+    <titleStmt>
+      <title>Essays on the Constitution of the United States</title>
+      <author><name reg="Ford, Paul Leicester">Paul Leicester Ford</name></author>
+    </titleStmt>
+    <editionStmt>
+      <edition n="1">Edition 1</edition>
+    </editionStmt>
+    <publicationStmt>
+      <publisher>Project Gutenberg</publisher>
+      <date>April 5, 2010</date>
+      <idno type="etext-no">31891</idno>
+      <availability>
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+        away or re-use it under the terms of the Project Gutenberg
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+  <front>
+    <div>
+      <divGen type="pgheader" />
+    </div>
+    <div>
+      <divGen type="encodingDesc" />
+    </div>
+
+    <div rend="page-break-before: always">
+      <p rend="font-size: xx-large; text-align: center">Essays on the Constitution of the United States</p>
+      <p rend="font-size: large; text-align: center">Published During Its Discussion by the People</p>
+      <p rend="font-size: large; text-align: center">1787-1788</p>
+      <p rend="font-size: large; text-align: center">Edited by</p>
+      <p rend="font-size: x-large; text-align: center">Paul Leicester Ford</p>
+      <p rend="text-align: center">Brooklyn, N.Y.</p>
+      <p rend="text-align: center">Historical Printing Club</p>
+      <p rend="text-align: center">1892</p>
+    </div>
+    <div rend="page-break-before: always">
+      <head>Contents</head>
+      <divGen type="toc" />
+    </div>
+
+  </front>
+<body>
+
+<pb n='v'/><anchor id='Pgv'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Introduction.</head>
+
+<p>
+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
+<hi rend='italic'>Pamphlets on the Constitution of the United States</hi>. 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>
+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>
+
+<pb n='vi'/><anchor id='Pgvi'/>
+
+<p>
+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>
+<hi rend='smallcaps'>Paul Leicester Ford.</hi><lb/>
+<hi rend='italic'>Brooklyn, N. Y., April, 1892.</hi>
+</p>
+
+</div>
+
+<pb n='001'/><anchor id='Pg001'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of Cassius, Written By James Sullivan.</head>
+
+<p>
+Printed In The Massachusetts Gazette,<lb/>
+September-December, 1787.
+</p>
+
+<pb n='003'/><anchor id='Pg003'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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 <hi rend='italic'>Life of James Sullivan</hi>. 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>
+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 <q>Old Fog,</q> in the <hi rend='italic'>Massachusetts
+Centinel</hi> of Sept. 22 and Oct. 6, 1787.
+</p>
+
+</div>
+
+<pb n='005'/><anchor id='Pg005'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, I.</head>
+
+<p>
+The Massachusetts Gazette, (Number 367).
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, September 18, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+It is a great pity that such an able writer as Numa<note place='foot'>A writer then
+attacking the Hancock party. See <hi rend='italic'>The Independent Chronicle</hi> for
+Aug. 23, and Sept. 15, 20, 1787. <hi rend='italic'>Ed.</hi></note> 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,<note place='foot'>Shay's
+Rebellion. <hi rend='italic'>Ed.</hi></note> it
+has so recently experienced.
+</p>
+
+<p>
+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.<note place='foot'>Massachusetts
+newspapers published in Northampton and Boston. <hi rend='italic'>Ed.</hi></note>
+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>
+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
+<pb n='006'/><anchor id='Pg006'/>
+and tyrannical, established on its ruins. Perhaps a few of this
+description were members of the last administration.<note place='foot'>The
+administration of Governor Bowdoin. <hi rend='italic'>Ed.</hi></note> 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.&mdash;Checked at once in their
+horrid career&mdash;all those hopes blasted which they entertained of
+concerting measures which would <q>afford them matter for derision
+at a future day,</q>&mdash;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,&mdash;they display a vast knowledge of ancient
+times&mdash;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, <q>the degenerate
+Romans banished Cicero for saving the commonwealth.</q> Rome
+did not banish Cicero&mdash;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>
+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>
+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
+<pb n='007'/><anchor id='Pg007'/>
+in the breasts of those aristocratick dupes, have been laid open to
+publick inspection&mdash;their plans thoroughly investigated&mdash;and the
+horrid tendency of them, had they taken effect, been fully manifested.
+</p>
+
+<p>
+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>
+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&mdash;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>
+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>
+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&mdash;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>
+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>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+</div>
+
+<pb n='008'/><anchor id='Pg008'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, II.</head>
+
+<p>
+The Massachusetts Gazette, (Number 371)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, October 2, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+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&mdash;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>
+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>
+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>
+The cloak of religion too often answers to promote plans detrimental
+<pb n='009'/><anchor id='Pg009'/>
+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>
+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>
+
+<quote rend='display'>
+<lg>
+<l><q rend='pre'>Whose mem'ries ought, and will perhaps yet live,</q></l>
+<l><q rend='post'>In all the glare which infamy can give.</q></l>
+</lg>
+</quote>
+
+<p>
+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&mdash;the propagation
+of sentiments which are calculated to set the publick mind in a
+ferment&mdash;if they are so far attended to as to have any influence
+among the people&mdash;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>
+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
+<pb n='010'/><anchor id='Pg010'/>
+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>
+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>
+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!&mdash;men whose conduct is not stinted by the narrow concerns
+of self, and who, <q>when their country calls, can yield their
+treasure up, and know no wish beyond the publick good.</q> 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>
+Numa<note place='foot'>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.</note>
+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,<note place='foot'>John Hancock.
+<hi rend='italic'>Ed.</hi></note>
+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&mdash;a punishment
+their conduct most justly merits.
+</p>
+
+<p>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+</div>
+
+<pb n='011'/><anchor id='Pg011'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, III.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 383)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, November 16, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+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>
+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>
+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 <q>owe their greatness
+to their country's ruin.</q>&mdash;Are such fit men to point out objections
+<pb n='012'/><anchor id='Pg012'/>
+to a government, proposed by the first characters in the universe,
+after a long and candid discussion of the subject?&mdash;Are such fit
+characters to propose a government for ruling a free and enlightened
+people?&mdash;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&mdash;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 <q>wasteless ages of eternity?</q>&mdash;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?&mdash;If they can harbour ideas of such a nature,
+I pity their weakness and despise their villainy.
+</p>
+
+<p>
+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>
+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;<note place='foot'>A writer in
+the <hi rend='italic'>Massachusetts Gazette</hi>, Oct. 30, Nov. 6, 13, 16,
+and 23. <hi rend='italic'>Ed.</hi></note> 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
+<pb n='013'/><anchor id='Pg013'/>
+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>
+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?&mdash;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 <q>de factos, plene proofs</q> and other chit-chat of
+the like kind, and disseminating his execrable <q>ideas,</q> 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>
+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
+<pb n='014'/><anchor id='Pg014'/>
+of his <q>accents</q> being majestick as thunder, they are as harmless
+and insignificant as the feeble breeze.
+</p>
+
+<p>
+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>
+May that wisdom which is profitable to direct guide your
+judgments&mdash;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>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+</div>
+
+<pb n='015'/><anchor id='Pg015'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, IV.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 385)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, November 23, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+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>
+I have before hinted, that the opposers of the plan of federal
+government are composed of knaves, harpies and debtors; and, I
+<pb n='016'/><anchor id='Pg016'/>
+trust, it will soon appear, what I have said is not a bare assertion
+only, but a matter of fact.
+</p>
+
+<p>
+I shall now proceed to make a few remarks on the conclusion
+of <q>Vox Populi's,</q> or rather Vox Insania's, production which appeared
+in last Friday's paper.
+</p>
+
+<p>
+Vox Populi requests the inhabitants of Massachusetts <q>to pay
+that attention to the federal constitution which the importance of
+its nature demands;</q> and informs them, that they <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,</q> &amp;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
+<pb n='017'/><anchor id='Pg017'/>
+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>
+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>
+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>
+But (in order without doubt to strike a greater dread upon
+their minds) Vox Populi says, <q>the oath is registered in Heaven.</q>
+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>
+Vox Populi asserts that the General Court<note place='foot'>The Legislature of
+Massachusetts was then so styled. <hi rend='italic'>Ed.</hi></note> 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>
+They without doubt were anxious that the people should have
+<pb n='018'/><anchor id='Pg018'/>
+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>
+A writer under the signature of Examiner,<note place='foot'>In the
+<hi rend='italic'>Massachusetts Gazette</hi>, for Nov. 2, 9, and 20,
+1787. <hi rend='italic'>Ed.</hi></note> 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>
+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>
+Inhabitants of Massachusetts! be constantly on the watch&mdash;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&mdash;adopt the proposed
+plan of federal government&mdash;it will secure to you every blessing
+which a free and enlightened people can expect to enjoy.
+</p>
+
+<p>
+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>
+
+<pb n='019'/><anchor id='Pg019'/>
+
+<quote rend='display'>
+<lg>
+<l><q rend='pre'>Cause treason, rapine, sacrilege and crimes,</q></l>
+<l><q rend='post'>To blot the annals of these western climes,</q></l>
+</lg>
+</quote>
+
+<p>
+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&mdash;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>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+</div>
+
+<pb n='020'/><anchor id='Pg020'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, V.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 386)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, November 27, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<q rend='pre'>Now there was a day when the sons of God came to present
+themselves before the Lord, and Satan came also among them.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<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?</q> &amp;c.,
+&amp;c.
+</p>
+
+<p>
+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>
+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
+<pb n='021'/><anchor id='Pg021'/>
+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>
+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>
+Brethren and citizens, hearken to the voice of men who have
+dictated only for your and posterity's good; men who ever
+</p>
+
+<quote rend='display'>
+<lg>
+<l><q rend='pre'>Have made the publick good their only aim,</q></l>
+<l><q rend='post'>And on that basis mean to build their fame.</q></l>
+</lg>
+</quote>
+
+<p>
+Listen not to the insinuations of those who will glory only in
+your destruction, but wisely persevere in the paths of rectitude.
+</p>
+
+<p>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+</div>
+
+<pb n='022'/><anchor id='Pg022'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, VI.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 387)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, November 30, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>Mr. Allen:</hi>
+</p>
+
+<p>
+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.<note place='foot'>See the letters of Agrippa in
+this work. <hi rend='italic'>Ed.</hi></note>
+</p>
+
+<p>
+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>
+Agrippa says, <q>the attempt has been made to deprive us,</q> &amp;c.,
+<q>by exalting characters on the one side, and vilifying them on
+the other.</q> And goes on, <q>I wish to say nothing of the merits
+or demerits of individuals, such arguments always do hurt.</q> Immediately
+after this he insinuates that the members of the late
+federal convention have, <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.</q> 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,
+<pb n='023'/><anchor id='Pg023'/>
+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>
+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>
+Blush and tremble, Agrippa! thou ungrateful monster!&mdash;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>
+
+<quote rend='display'>
+<lg>
+<l><q rend='pre'>Is there not some chosen curse,</q></l>
+<l>Some hidden thunder in the stores of heaven,</l>
+<l>Red with uncommon wrath, to blast the wretch,</l>
+<l>Who dares pollute such names</l>
+<l><q rend='post'>So sacred, and so much belov'd?</q></l>
+<l>Methinks I hear each freeman cry,</l>
+<l rend='margin-left: 6'>Most certainly there is.</l>
+</lg>
+</quote>
+
+<p>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+</div>
+
+<pb n='024'/><anchor id='Pg024'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, VII.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 387)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, November 30, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+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>
+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.&mdash;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&mdash;What do
+you think would be better than that which you condemn?&mdash;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&mdash;but, they will continue, it is easy for
+any one to discover the imperfections in this form of government
+we are condemning. Strange absurdity!&mdash;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&mdash;
+</p>
+
+<pb n='025'/><anchor id='Pg025'/>
+
+<quote rend='display'>
+<lg>
+<l><q rend='pre'>Some are bewilder'd in the maze of schools,</q></l>
+<l>And some made criticks Nature meant but fools:</l>
+<l>In search of wit these lose their common sense,</l>
+<l><q rend='post'>And then turn critics in their own defence.</q></l>
+</lg>
+</quote>
+
+<p>
+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>
+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.&mdash;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>
+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.&mdash;What
+a pity it is, for these patriots in theory, that actions speak louder
+than words&mdash;and that the people are so incredulous as not to believe
+a thing which they know to be directly the reverse of
+truth.&mdash;
+</p>
+
+<p>
+It ever prejudices people against arguments, even if they should
+happen to be just, if they are prefaced by a glaring falsehood&mdash;this,
+sharpers do not always consider, when they are attempting
+to carry their favourite points.&mdash;It is something to be wondered
+at, that a certain theoretical patriot,<note place='foot'>Probably Elbridge Gerry,
+delegate from Massachusetts to the Federal Convention.
+<hi rend='italic'>Ed.</hi></note> instead of saying he would
+<pb n='026'/><anchor id='Pg026'/>
+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>
+Look around you, inhabitants of America! and see of what characters
+the anti-federal junto are composed.&mdash;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?&mdash;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?&mdash;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?&mdash;Most certainly this is the
+case.&mdash;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?&mdash;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>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+</div>
+
+<pb n='027'/><anchor id='Pg027'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, VIII.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 391)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, December 14, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Inhabitants of this State:</hi>
+</p>
+
+<p>
+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>
+Sect. first, of the new constitution, says,
+</p>
+
+<p>
+<q>All legislative powers Herein Granted shall be vested in a
+congress of the United States.</q>
+</p>
+
+<p>
+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>
+The second section of the federal constitution says, that the
+members of the house of representatives shall be chosen every
+<pb n='028'/><anchor id='Pg028'/>
+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>
+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>
+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
+<pb n='029'/><anchor id='Pg029'/>
+an Agrippa,<note place='foot'>Anti-federal scribblers in the Mass.
+Gazette.</note> not to have a knowledge of the different concerns
+of the Confederation.
+</p>
+
+<p>
+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&mdash;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>
+Sect. third, of the new constitution, says, each state shall
+choose two senators, &amp;c. The liberalty of this clause is sufficient,
+any reasonable person would suppose, to damp all opposition.
+</p>
+
+<p>
+Can any thing be more consistent with the strictest principles
+of republicanism?
+</p>
+
+<p>
+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>
+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>
+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>
+They have declared it to be arbitrary and tyrannical in the
+highest degree. But, fellow-citizens, your own good sense will
+<pb n='030'/><anchor id='Pg030'/>
+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>
+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>
+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>
+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>
+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
+<pb n='031'/><anchor id='Pg031'/>
+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;<note place='foot'>Referring to Rhode Island.
+<hi rend='italic'>Ed.</hi></note> 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>
+There is one thing, however, which I might mention, as a
+reason why the opposition junto dread the clause aforementioned&mdash;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>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>To be continued.</hi>)
+</p>
+
+</div>
+
+<pb n='032'/><anchor id='Pg032'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, IX.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 392)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, December 18, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Inhabitants of this State.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>Continued from our last.</hi>)
+</p>
+
+<p>
+Section 5, of the new constitution, says, Each house shall be a
+judge of the elections, returns and qualifications of its own members&mdash;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&mdash;punish its members for
+disorderly behaviour&mdash;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, &amp;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
+<pb n='033'/><anchor id='Pg033'/>
+conspicuous to render them ridiculous and contemptible
+in the eyes of every unprejudiced mind&mdash;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>
+Sect. 5, further provides, That each house shall keep a journal
+of its proceedings, and from time to time publish the same, &amp;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>
+Sect. 6, provides, That the senators and representatives shall
+receive a compensation for their services, to be ascertained by
+law&mdash;they shall, except in cases of treason, felony, or breach of
+peace, be privileged from arrest during their session.&mdash;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>
+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&mdash;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>
+This clause at once confutes every assertion of the antifederalists
+respecting the new congress being able to secure to themselves
+<pb n='034'/><anchor id='Pg034'/>
+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>
+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>
+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>
+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>
+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>
+Sect. 8 provides, That Congress shall have power to lay and
+collect taxes, duties, imposts, excises, &amp;c.&mdash;to pay debts, to provide
+for the common defence and general welfare of the United
+States&mdash;that all duties, imposts and excises shall be uniform
+throughout the Union&mdash;they shall have power to coin money,
+and to fix the value thereof, &amp;c.&mdash;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
+<pb n='035'/><anchor id='Pg035'/>
+should be enabled to establish a fund adequate to the exigencies
+of the Union.
+</p>
+
+<p>
+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>
+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>
+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>
+
+<pb n='036'/><anchor id='Pg036'/>
+
+<p>
+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>
+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>
+The last section of this article provides, that no state shall enter
+into any treaty, alliance, &amp;c., coin money, emit bills of credit,
+make any other but gold and silver coin a tender in payment of
+debts&mdash;all laws respecting imposts, duties, and excises, shall be
+subject to the revision and controul of Congress.
+</p>
+
+<p>
+The absolute necessity of powers of this nature being vested in
+a federal head is indisputable.
+</p>
+
+<p>
+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, <q>all powers Herein
+Granted.</q> If any act originates contrary to this, it will be of no
+effect, and a mere nullity.
+</p>
+
+<pb n='037'/><anchor id='Pg037'/>
+
+<p>
+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>
+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>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>To be continued.</hi>)
+</p>
+
+</div>
+
+<pb n='038'/><anchor id='Pg038'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, X.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 393)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, December 21, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Inhabitants of this State.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>Continued from our last.</hi>)
+</p>
+
+<p>
+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>
+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&mdash;he may, on
+extraordinary occasions, convene both houses or either of them,
+and adjourn them to such time as he may think proper&mdash;he shall
+take care that the laws be faithfully executed, and shall commission
+all officers of the United States.
+</p>
+
+<pb n='039'/><anchor id='Pg039'/>
+
+<p>
+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>
+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>
+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>
+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.&mdash;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>
+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&mdash;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>
+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.&mdash;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
+<pb n='040'/><anchor id='Pg040'/>
+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>
+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>
+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>
+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,<note place='foot'>Harvard University Library,
+of which James Winthrop was librarian.&mdash;<hi rend='italic'>Ed.</hi></note>
+has asserted, that the inequality of the
+administration of justice throughout the states, was a favourite
+argument in support of the new constitution&mdash;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<note place='foot'>Said to be by James Winthrop. See the
+letters, printed herein.&mdash;<hi rend='italic'>Ed.</hi></note>&mdash;he
+seems to be one of
+those whom Pope describes when he says,
+</p>
+
+<quote rend='display'>
+<q>Some are bewilder'd in the maze of schools,</q> &amp;c.
+</quote>
+
+<p>
+I hope my readers will forgive this digression, when they consider
+<pb n='041'/><anchor id='Pg041'/>
+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>
+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>
+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
+<pb n='042'/><anchor id='Pg042'/>
+during the life of the person attainted.&mdash;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&mdash;this single
+section alone is sufficient to enroll their proceedings on the records
+of immortal fame.
+</p>
+
+<p>
+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>
+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>
+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>
+They will find less difficulty in pursuing their various concerns
+than if it were otherwise.
+</p>
+
+<p>
+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>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>To be Continued.</hi>)
+</p>
+
+</div>
+
+<pb n='043'/><anchor id='Pg043'/>
+
+<div rend='page-break-before: always'>
+<head>Cassius, XI.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 394)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, December 25, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Inhabitants of this State.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>Concluded from our last.</hi>)
+</p>
+
+<p>
+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>
+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>
+You will remember, my countrymen, that the words of the
+constitution are, <q>All Powers Herein Granted.</q>
+</p>
+
+<p>
+Section 4, of article IV. says, The United States shall guarantee
+to every state in the Union a Republican Form of Government;
+<pb n='044'/><anchor id='Pg044'/>
+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.&mdash;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>
+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>
+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>
+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>
+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
+<pb n='045'/><anchor id='Pg045'/>
+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.&mdash;
+</p>
+
+<p>
+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>
+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>
+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>
+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&mdash;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>
+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
+<pb n='046'/><anchor id='Pg046'/>
+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;&mdash;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:&mdash;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.&mdash;Let us reverse the
+proposition, and see how it will then stand.&mdash;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&mdash;and
+the judges in the several states shall not be bound thereby.&mdash;This
+is exactly what the anti-federalists wish to be the case; this,
+and in this alone would they glory.&mdash;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>
+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>
+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>
+
+<pb n='047'/><anchor id='Pg047'/>
+
+<p>
+Thus the people of the United States, <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,</q>
+have appointed a federal convention to <q>ordain and establish,</q>
+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>
+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>
+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 <q>on their country's
+ruin.</q>
+</p>
+
+<p>
+If they can effect this, they will laugh at your calamity, and
+mock your misfortunes&mdash;the language of each brother in iniquity,
+when they meet, will be, <q>hail damn'd associates,</q> see our high
+success!
+</p>
+
+<p>
+Think, O my countrymen! think, before it is too late!&mdash;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
+<pb n='048'/><anchor id='Pg048'/>
+most foolish and inconsistent of all conduct, in rejecting it, entail
+on themselves and on their posterity, endless infamy.
+</p>
+
+<quote rend='display'>
+<lg>
+<l><q rend='pre'>There is a tide in the affairs of men,</q></l>
+<l>Which taken at the flood, leads on to fortune;</l>
+<l>Omitted, all the voyage of their life</l>
+<l><q rend='post'>Is bound in shallowness.</q>&mdash;&mdash;</l>
+</lg>
+</quote>
+
+<p>
+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&mdash;Fathers!
+</p>
+
+<p>
+<hi rend='smallcaps'>Cassius.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='049'/><anchor id='Pg049'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of Agrippa, Accredited To James Winthrop.</head>
+
+<p>
+Printed In The Massachusetts Gazette,<lb/>
+November, 1787-January, 1788.
+</p>
+
+<pb n='051'/><anchor id='Pg051'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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 <q>Charles James Fox;</q> Dec.
+28, 1787, and Jan. 4, 1788, by <q>Kempis O'Flanagan,</q> Jan. 22,
+and 25, 1788, by <q>Junius,</q> and in the letters of Cassius, printed
+in this volume.
+</p>
+
+<p>
+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>
+
+<quote rend='display'>
+<p>
+I feel myself <emph>greatly hurt</emph> at the liberties lately taken by certain
+<emph>scribblers</emph> with the characters of the <hi rend='italic'>hon.</hi> E. Gerry
+and James Winthrop, <hi rend='italic'>esquire</hi>, of Cambridge, two gentlemen, no
+less distinguished for their <emph>honesty</emph>, <emph>patriotism</emph>, and
+<emph>extensive abilities</emph>, than
+a Washington or a Franklin.
+</p>
+
+<p>
+... In regard to J. Winthrop, <hi rend='italic'>esquire</hi>, (of said Cambridge)
+it has been insinuated, that that gentleman is the author of the
+pieces in the Massachusetts Gazette, signed Agrippa&mdash;but every
+one who can <emph>boast the pleasure of his acquaintance</emph>, must
+<emph>know that insinuation</emph> is grounded on <hi rend='italic'>falsehood</hi>.
+</p>
+
+<pb n='052'/><anchor id='Pg052'/>
+
+<p>
+The heterogenous compound of nonsense and absurdity with
+which the compositions of <hi rend='italic'>Agrippa</hi> are so replete, are certainly
+not the productions of a man so celebrated for his superior knowledge
+and <emph>understanding</emph>.
+</p>
+
+<p>
+In short, Mr. Printer, I hope you and your brother typographers
+will be very careful how you are <emph>guilty</emph> of <emph>exposing</emph> such
+<emph>exalted characters</emph> in future.
+</p>
+
+<p>
+<hi rend='smallcaps'>Ocrico.</hi>
+</p>
+</quote>
+
+</div>
+
+<pb n='053'/><anchor id='Pg053'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, I.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 385)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, November 23, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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.<note place='foot'>Printed in <hi rend='italic'>Elliot</hi>, I,
+492.&mdash;<hi rend='italic'>Ed.</hi></note> The seceding members from the Pennsylvania
+Assembly also published theirs.<note place='foot'><q>An Address of the subscribers,
+members of the late Houses of Representatives
+of the Commonwealth of Pennsylvania, to their constituents,</q> printed in the
+<hi rend='italic'>Pennsylvania Packet</hi>, Oct. 4,
+1787.&mdash;<hi rend='italic'>Ed.</hi></note> Various anonymous writers
+have mentioned reasons of great weight. Among the many objections
+have been stated the unlimited right of taxation&mdash;a standing
+army&mdash;an inadequate representation of the people&mdash;a right to destroy
+the constitution of the separate states, and all the barriers
+that have been set up in defence of liberty&mdash;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>
+The idea of promoting the happiness of the people by opposing
+<pb n='054'/><anchor id='Pg054'/>
+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 <emph>transfer of the
+market</emph>, all under the pretence of regulation for <emph>federal purposes</emph>,
+we shall not find any additional reason to be pleased with the
+plan.
+</p>
+
+<p>
+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>
+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 <emph>time of election</emph> and postpone it for another
+year. In truth, the question before the people is, <emph>whether they
+will have a limited government or an absolute one</emph>!
+</p>
+
+<p>
+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>
+
+<pb n='055'/><anchor id='Pg055'/>
+
+<p>
+Can there be any doubt which to choose? He that Hesitates
+must be base indeed.
+</p>
+
+<p>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='056'/><anchor id='Pg056'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, II.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 386)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, November 27, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People of Massachusetts.</hi>
+</p>
+
+<p>
+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>
+Connecticut set out originally on the same principles, and has
+<pb n='057'/><anchor id='Pg057'/>
+continued uniformly to exercise the powers of government to this
+time.
+</p>
+
+<p>
+During the last year,<note place='foot'>Referring to
+Shay's rebellion.&mdash;<hi rend='italic'>Ed.</hi></note>
+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>
+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
+<pb n='058'/><anchor id='Pg058'/>
+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>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+<p>
+<hi rend='italic'>November 24, 1787.</hi>
+</p>
+
+</div>
+
+<pb n='059'/><anchor id='Pg059'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, III.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 387)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, November 30, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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.<note place='foot'>Act of 1786, providing
+that executions issued for private debt may be satisfied by
+articles particularly enumerated, at an appraised value from
+impartial men.&mdash;<hi rend='italic'>Ed.</hi></note>
+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
+<pb n='060'/><anchor id='Pg060'/>
+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>
+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<note place='foot'>No attempt
+had been made by Massachusetts for several years to pay the interest
+on its debt, except by the State Treasurer's issuing <q>consolidated notes</q> or
+<q>certificates</q>
+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.&mdash;<hi rend='italic'>Ed.</hi></note> 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.<note place='foot'>The sales to the Ohio
+Company.&mdash;<hi rend='italic'>Ed.</hi></note> 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.<note place='foot'>By Act of July 5,
+1786.&mdash;<hi rend='italic'>Ed.</hi></note> 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
+<pb n='061'/><anchor id='Pg061'/>
+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>
+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>
+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>
+
+<pb n='062'/><anchor id='Pg062'/>
+
+<p>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='063'/><anchor id='Pg063'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, IV.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 388)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, December 3, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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>
+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>
+
+<pb n='064'/><anchor id='Pg064'/>
+
+<p>
+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>
+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
+<pb n='065'/><anchor id='Pg065'/>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='066'/><anchor id='Pg066'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, V.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 390)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, December 11, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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>
+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
+<pb n='067'/><anchor id='Pg067'/>
+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>
+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>
+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
+<pb n='068'/><anchor id='Pg068'/>
+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 <emph>derangement</emph>, 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 <emph>system</emph> 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.&mdash;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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='069'/><anchor id='Pg069'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, VI.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 391)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, December 14, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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&mdash;
+</p>
+
+<p>
+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
+<pb n='070'/><anchor id='Pg070'/>
+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&mdash;the forms
+will be preserved only during the pleasure of Congress.
+</p>
+
+<p>
+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>
+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
+<pb n='071'/><anchor id='Pg071'/>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='072'/><anchor id='Pg072'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, VII.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 392)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, December 18, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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
+<pb n='073'/><anchor id='Pg073'/>
+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>
+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>
+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
+<pb n='074'/><anchor id='Pg074'/>
+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>
+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
+<pb n='075'/><anchor id='Pg075'/>
+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>
+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>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='076'/><anchor id='Pg076'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, VIII.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 394)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, December 25, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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>
+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
+<pb n='077'/><anchor id='Pg077'/>
+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>
+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>
+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
+<pb n='078'/><anchor id='Pg078'/>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='079'/><anchor id='Pg079'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, IX.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 395)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, December 28, 1787.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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>
+The remaining power for peace and trade might perhaps be
+safely enough lodged with Congress under some limitations.
+<pb n='080'/><anchor id='Pg080'/>
+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>
+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
+<pb n='081'/><anchor id='Pg081'/>
+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>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='082'/><anchor id='Pg082'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, X.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 396)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, January 1, 1788.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Friends and Brethren</hi>,
+</p>
+
+<p>
+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>
+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,
+<pb n='083'/><anchor id='Pg083'/>
+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>
+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 <q>powers
+vested by this constitution in the government of the United States,
+or in <emph>any department</emph> or officer thereof;</q> 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
+<pb n='084'/><anchor id='Pg084'/>
+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>
+<q rend='pre'>Commonwealth of Massachusetts. <hi rend='italic'>Resolved</hi>, 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:</q>
+</p>
+
+<p>
+<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
+<pb n='085'/><anchor id='Pg085'/>
+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.</q><note place='foot'>Probably
+an allusion to the Phelps and Gorham purchase.&mdash;<hi rend='italic'>Ed.</hi></note>
+</p>
+
+<p>
+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
+<pb n='086'/><anchor id='Pg086'/>
+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>
+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
+<pb n='087'/><anchor id='Pg087'/>
+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&mdash;<emph>Discern the things of your peace now in the
+days thereof, before they be hidden from your eyes</emph>.
+</p>
+
+<p>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='088'/><anchor id='Pg088'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, XI.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 398)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, January 8, 1788.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People.</hi>
+</p>
+
+<p>
+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
+<pb n='089'/><anchor id='Pg089'/>
+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, <emph>to be like other nations</emph>, 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>
+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
+<pb n='090'/><anchor id='Pg090'/>
+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 <emph>two hundred and ninety millions</emph>
+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>
+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,<note place='foot'>An allusion to the proceedings in
+the Convention of Pennsylvania.&mdash;<hi rend='italic'>Ed.</hi></note> 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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='091'/><anchor id='Pg091'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, XII.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 399)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, January 11, 1788.</hi>
+</p>
+
+<p>
+For the Massachusetts Gazette.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Massachusetts Convention.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+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>
+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
+<pb n='092'/><anchor id='Pg092'/>
+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>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+<p>
+[<hi rend='italic'>Remainder next Tuesday.</hi>]
+</p>
+
+</div>
+
+<pb n='093'/><anchor id='Pg093'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, XIII.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 400)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, January 14, 1788.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>Concluded from our last.</hi>)
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Massachusetts Convention.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+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 <hi rend='italic'>Federal Republick</hi>. 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
+<pb n='094'/><anchor id='Pg094'/>
+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>
+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
+<emph>our extreme liberty</emph>. Already, have our ships visited every part of
+<pb n='095'/><anchor id='Pg095'/>
+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>
+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
+<pb n='096'/><anchor id='Pg096'/>
+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>
+In article III, section 2, it is declared, that <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.</q> Among the cases
+arising under this new constitution are reckoned, <q>all controversies
+between citizens of different states,</q> 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 <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.</q> 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 <emph>supreme law</emph>
+of the land, and that all state judges are bound thereby, <q><emph>anything
+in the constitution or laws of any state to the contrary notwithstanding</emph>.</q>
+If this is not binding the judges of the separate states in
+their own office, by continental rules, it is perfect nonsense.
+</p>
+
+<pb n='097'/><anchor id='Pg097'/>
+
+<p>
+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>
+By sect. 8 of article I, Congress are to have the unlimited right
+to regulate commerce, external and <emph>internal</emph>, 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
+<pb n='098'/><anchor id='Pg098'/>
+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>
+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>
+<q rend='pre'>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
+<pb n='099'/><anchor id='Pg099'/>
+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.</q>
+</p>
+
+<p>
+<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
+<pb n='100'/><anchor id='Pg100'/>
+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.</q><note place='foot'>Cf. with page
+85.&mdash;<hi rend='italic'>Ed.</hi></note>
+</p>
+
+<p>
+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
+<pb n='101'/><anchor id='Pg101'/>
+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>
+[We are obliged, contrary to our intention, to postpone the remainder
+of Agrippa till our next.]
+</p>
+
+</div>
+
+<pb n='102'/><anchor id='Pg102'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, XIV.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 401)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, January 18, 1788.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>Concluded from our last.</hi>)
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Massachusetts Convention.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+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
+<pb n='103'/><anchor id='Pg103'/>
+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>
+Our present system is attended with the inestimable advantage
+of preventing unnecessary wars. Foreign influence is assuredly
+<pb n='104'/><anchor id='Pg104'/>
+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.<note place='foot'>Robert Yates, John Lansing,
+Jr., Luther Martin, James Francis Mercer, Edmund Randolph, George Mason, and Elbridge
+Gerry.&mdash;<hi rend='italic'>Ed.</hi></note> 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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='105'/><anchor id='Pg105'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, XV.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 402)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, January 22, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Massachusetts Convention.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+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<note place='foot'>The speech of Caleb Strong in the
+State Convention, Jan. 16, 1788.&mdash;<hi rend='italic'>Ed.</hi></note>
+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
+<pb n='106'/><anchor id='Pg106'/>
+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>
+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
+<pb n='107'/><anchor id='Pg107'/>
+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]&mdash;.... 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&mdash;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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='108'/><anchor id='Pg108'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, XV.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 403)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, January 25, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To The Massachusetts Convention.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+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 <emph>intend</emph> 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>
+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.
+<pb n='109'/><anchor id='Pg109'/>
+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>
+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>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+<p>
+(<hi rend='italic'>Remainder next Tuesday.</hi>)
+</p>
+
+</div>
+
+<pb n='110'/><anchor id='Pg110'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, XVII.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 404)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, January 20, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Massachusetts Convention.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+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>
+
+<pb n='111'/><anchor id='Pg111'/>
+
+<p>
+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
+<pb n='112'/><anchor id='Pg112'/>
+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>
+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,<note place='foot'>Delivered Oct. 6,
+1787. Printed in <hi rend='italic'>Ford's Pamphlets on the Constitution</hi>, p.
+155.&mdash;<hi rend='italic'>Ed.</hi></note> 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 <emph>people</emph> for the purposes
+<pb n='113'/><anchor id='Pg113'/>
+of government, and not a compact between states. It begins
+in the name of the people, and not of the states.
+</p>
+
+<p>
+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>
+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
+<pb n='114'/><anchor id='Pg114'/>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+</div>
+
+<pb n='115'/><anchor id='Pg115'/>
+
+<div rend='page-break-before: always'>
+<head>Agrippa, XVIII.</head>
+
+<p>
+The Massachusetts Gazette,
+(Number 406)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, February 5, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Massachusetts Convention.</hi>
+</p>
+
+<lg>
+<l><hi rend='italic'>Gentlemen</hi>,</l>
+</lg>
+
+<p>
+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 <emph>the Rhode Island
+assembly have for a considerable time past had a bill lying on their
+<pb n='116'/><anchor id='Pg116'/>
+table for altering the manner of elections for representatives in that
+state</emph>.<note place='foot'>No record of this is given in the
+<hi rend='italic'>Debates in the Massachusetts
+Convention</hi>.&mdash;<hi rend='italic'>Ed.</hi></note>
+He has stated it with all the zeal of a person who believed
+his argument to be a good one. But surely a <emph>bill lying
+on a table</emph> can never be considered as any more than an <emph>intention</emph>
+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>
+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
+<pb n='117'/><anchor id='Pg117'/>
+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>
+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
+<pb n='118'/><anchor id='Pg118'/>
+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>
+<q rend='pre'>Resolved, that the constitution lately proposed for the United
+States be received only upon the following conditions:</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>6. Each state shall have the command of its own militia.</q>
+</p>
+
+<p>
+<q rend='pre'>7. No continental army shall come within the limits of any
+<pb n='119'/><anchor id='Pg119'/>
+state, other than garrison to guard the publick stores, without
+the consent of such states in time of peace.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q rend='pre'>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.</q>
+</p>
+
+<p>
+<q>14. In all those causes which are triable before the continental
+courts, the trial by jury shall be held sacred.</q>
+</p>
+
+<p>
+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 &amp; 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
+<pb n='120'/><anchor id='Pg120'/>
+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, &amp; 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>
+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>
+We are now rising fast above our difficulties; everything at
+home has the appearance of improvement, government is well
+<pb n='121'/><anchor id='Pg121'/>
+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>
+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
+<pb n='122'/><anchor id='Pg122'/>
+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.
+<emph>It will then be the constitution of our country, and entitled to defence.</emph>
+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>
+<hi rend='smallcaps'>Agrippa.</hi>
+</p>
+
+<milestone unit='tb' rend='rule: 50%'/>
+
+<p>
+<hi rend='italic'>A writer in the Gazette of 29th January, under the signature of Captain
+M<hi rend='vertical-align: super'>c</hi>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.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='123'/><anchor id='Pg123'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Replies To The Strictures Of A Landholder, By Elbridge Gerry.</head>
+
+<p>
+Printed In
+The Massachusetts Centinel,<lb/>
+And<lb/>
+The American Herald,<lb/>
+January-April 1788.
+</p>
+
+<pb n='125'/><anchor id='Pg125'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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 <q>A Landholder</q> were so positive, and so evidently
+written by a fellow member of the federal convention, that an
+answer was necessary.
+</p>
+
+<p>
+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 <hi rend='italic'>American Herald</hi>, I have been compelled to reprint the
+second article from the <hi rend='italic'>New York Journal</hi>. For more on this
+subject see the letters of A Landholder and of Luther Martin in
+this collection.
+</p>
+
+</div>
+
+<pb n='127'/><anchor id='Pg127'/>
+
+<div rend='page-break-before: always'>
+<head>Reply To A Landholder, I.</head>
+
+<p>
+The Massachusetts Centinel,
+(Number 32 of Volume VIII)
+</p>
+
+<p>
+<hi rend='smallcaps'>Saturday, January 5, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>Mr. Russell</hi>:
+</p>
+
+<p>
+You are desired to inform the publick from good authority,
+that Mr. <hi rend='smallcaps'>Gerry</hi>, 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, <q>for the redemption of the old
+continental money;</q> 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
+<q>were totally different from those which he published,</q>
+that his only motive for dissenting from the Constitution, was a
+<pb n='128'/><anchor id='Pg128'/>
+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>
+<hi rend='italic'>Cambridge, January 3, 1788.</hi>
+</p>
+
+</div>
+
+<pb n='129'/><anchor id='Pg129'/>
+
+<div rend='page-break-before: always'>
+<head>Reply To A Landholder, II.</head>
+
+<p>
+The New York Journal,
+(Number 2282)
+</p>
+
+<p>
+<hi rend='smallcaps'>Wednesday, April 30, 1788.</hi>
+</p>
+
+<p>
+From the American Herald, printed at Boston.
+</p>
+
+<p>
+<hi rend='smallcaps'>Mr. Greenleaf</hi>,
+</p>
+
+<p>
+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>
+<hi rend='smallcaps'>To the Public.</hi>
+</p>
+
+<p>
+An elegant writer, under the signature of <q>A Landholder,</q>
+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
+<q>to his magnanimity,</q> 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
+<pb n='130'/><anchor id='Pg130'/>
+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>
+In a late address to the honorable Luther Martin, Esquire, the
+Landholder has asserted, that Mr. Gerry <q>uniformly opposed Mr.
+Martin's principles,</q> 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 <q>uniformly had a friendship for him.</q>
+</p>
+
+<p>
+This writer has also asserted, <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.</q> 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 <q>information,</q> as he
+was fully possessed of the subject; and that his speech, if published,
+would do him great honor.
+</p>
+
+<p>
+Another assertion of this famous writer is, that Mr. Gerry in
+<q>a sarcastical reply, admired the strength of Mr. Martin's lungs,
+and his profound knowledge in the first principles of government;</q>
+that <q>this reply</q> <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.</q>
+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>
+Again, the Landholder has asserted that Mr. Martin voted <q>an
+appeal should lay to the supreme judiciary of the United States
+for the correction of all errors both in law and fact,</q> and <q>agreed
+<pb n='131'/><anchor id='Pg131'/>
+to the clause that declares nine states to be sufficient to put the
+government in motion;</q> and in a note says, <q>Mr. Gerry agreed
+with Mr. Martin on these questions.</q> 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 <q>declares nine
+states to be sufficient to put the government in motion,</q> 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>
+The Landholder having in a former publication asserted <q>that
+Mr. Gerry introduced a motion, respecting the redemption of old
+continental money</q> 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 <q>out of 126 days, Mr. Martin attended only
+66,</q> and then enquires <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?</q> and <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?</q> 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>
+
+<pb n='132'/><anchor id='Pg132'/>
+
+<p>
+The Landholder addressing Mr. Martin, further says, <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.</q> 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,
+<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.</q> 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>
+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>
+The landholder says: <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;</q> but the landholder
+ventures to predict, <q>that though Mr. Martin was to double
+his efforts he would fail in his object.</q> 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 <q>Mr. Martin thought</q> the
+<pb n='133'/><anchor id='Pg133'/>
+office mentioned <q>destined for a different character?</q> 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 <q>to aggrandize old Massachusetts and
+the antient dominion</q> he has confessed enough to shew that his
+private meetings were solely to aggrandize himself.
+</p>
+
+</div>
+
+</div>
+
+<pb n='135'/><anchor id='Pg135'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of A Landholder, Written By Oliver Ellsworth.</head>
+
+<p>
+Printed In<lb/>
+The Connecticut Courant<lb/>
+And<lb/>
+The American Mercury,<lb/>
+November, 1787-March, 1788.
+</p>
+
+<pb n='137'/><anchor id='Pg137'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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 <hi rend='italic'>Connecticut Courant</hi> at Hartford
+and the <hi rend='italic'>American Mercury</hi>
+at Litchfield, and this so clearly indicated Oliver Ellsworth as
+the writer that they were at once credited to his pen.
+</p>
+
+<p>
+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>
+
+<pb n='139'/><anchor id='Pg139'/>
+
+<div rend='page-break-before: always'>
+<head>A Landholder, I.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1189)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, November 5, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Holders and Tillers of Land.</hi>
+</p>
+
+<p>
+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>
+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
+<pb n='140'/><anchor id='Pg140'/>
+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>
+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&mdash;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&mdash;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>
+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
+<pb n='141'/><anchor id='Pg141'/>
+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>
+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>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='142'/><anchor id='Pg142'/>
+
+<div rend='page-break-before: always'>
+<head>A Landholder, II.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1190)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, November 12, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Holder and Tillers of Land.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+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>
+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
+<pb n='143'/><anchor id='Pg143'/>
+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>
+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>
+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
+<pb n='144'/><anchor id='Pg144'/>
+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>
+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>
+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>
+To fear a general government or energetic principles least it
+should create tyrants, when without such a government all have
+<pb n='145'/><anchor id='Pg145'/>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='146'/><anchor id='Pg146'/>
+
+<div rend='page-break-before: always'>
+<head>A Landholder, III.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1191)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, November 19, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Holders and Tillers of Land.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+When we rushed to arms for preventing British usurpation, liberty
+was the argument of every tongue.
+</p>
+
+<p>
+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
+<pb n='147'/><anchor id='Pg147'/>
+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>
+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>
+The right of the legislature to ordain laws binding on the
+people, gives them a power to make bad laws.
+</p>
+
+<p>
+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>
+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,
+<pb n='148'/><anchor id='Pg148'/>
+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>
+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
+<pb n='149'/><anchor id='Pg149'/>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='150'/><anchor id='Pg150'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, IV.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1192)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, November 26, 1787.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Remarks on the objections made by the Hon. Elbridge Gerry, to
+the new Constitution.</hi><note place='foot'>Printed in <hi rend='italic'>Elliot</hi>,
+I, 492.&mdash;<hi rend='italic'>Ed.</hi></note>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Landholders and Farmers.</hi>
+</p>
+
+<p>
+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 <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
+<pb n='151'/><anchor id='Pg151'/>
+articles of confederation,</q> therefore by his own confession there was
+an indispensible necessity of a system, in many particulars entirely
+new. He tells us further <q>that if the people reject this altogether,
+anarchy may ensue,</q> 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>
+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 <q>that there
+is no adequate provision for representation of the people.</q> 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>
+Such a body of men might be an army to defend the country
+<pb n='152'/><anchor id='Pg152'/>
+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>
+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>
+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>
+If the Hon. gentleman, in saying <q>there is not adequate provision
+for the representation of the people,</q> refers to the manner
+of choosing them, a reply to this is naturally blended with its
+second objection, that <q>they would have no security for the right
+of election.</q> It is impossible to conceive what greater security
+can be given, by any form of words, than we here find.
+</p>
+
+<p>
+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>
+
+<pb n='153'/><anchor id='Pg153'/>
+
+<p>
+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>
+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: <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?</q> 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
+<pb n='154'/><anchor id='Pg154'/>
+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>
+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>
+<hi rend='smallcaps'>Landholder</hi>.
+</p>
+
+</div>
+
+<pb n='155'/><anchor id='Pg155'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, V.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1193)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, December 3, 1787.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Continuation of Remarks on the Hon. Elbridge Gerry's Objections
+to the new Constitution.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Landholders and Farmers.</hi>
+</p>
+
+<p>
+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>
+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,
+<q>that some of the powers of the legislature are ambiguous, and
+others indefinite and dangerous.</q> 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
+<pb n='156'/><anchor id='Pg156'/>
+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>
+It is an excellency of this Constitution that it is expressed with
+brevity, and in the plain, common language of mankind.
+</p>
+
+<p>
+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>
+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>
+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&mdash;the
+right of taxation or of collecting money from the people;
+and of raising and supporting armies.
+</p>
+
+<pb n='157'/><anchor id='Pg157'/>
+
+<p>
+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>
+A people cannot long retain their freedom, whose government
+is incapable of protecting them.
+</p>
+
+<p>
+The power of collecting money from the people, is not to be
+rejected because it has sometimes been oppressive.
+</p>
+
+<p>
+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>
+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>
+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
+<pb n='158'/><anchor id='Pg158'/>
+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>
+We find another objection to be <q>that the executive is blended
+with and will have an undue influence over the legislature.</q> 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>
+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>
+
+<pb n='159'/><anchor id='Pg159'/>
+
+<p>
+We are further told <q>that the judicial departments, or those
+courts of law, to be instituted by Congress, will be oppressive.</q>
+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>
+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>
+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
+<pb n='160'/><anchor id='Pg160'/>
+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>
+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>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='161'/><anchor id='Pg161'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, VI.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1194)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, December 10, 1787.</hi>
+</p>
+
+<quote rend='display'>
+He that is first in his own cause seemeth just; but his neighbor cometh and searcheth
+him.
+</quote>
+
+<p>
+<hi rend='smallcaps'>To the Landholders and Farmers:</hi>
+</p>
+
+<p>
+The publication of Col. Mason's<note place='foot'>Printed in Ford's
+<hi rend='italic'>Pamphlets on the Constitution</hi>, p. 327.</note>
+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 <hi rend='italic'>ex post facto</hi>, have been revised
+in New Y&mdash;&mdash;k by R. H. L.<note place='foot'>Richard Henry Lee.</note>
+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>
+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;<note place='foot'>Saturday, September 15.
+See <hi rend='italic'>Papers of James Madison</hi>, III., 1593.</note>
+urging that a navigation
+act might otherwise be passed excluding foreign bottoms from
+<pb n='162'/><anchor id='Pg162'/>
+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.<note place='foot'>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.&mdash;<hi rend='italic'>Ed.</hi></note>
+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&mdash;that
+Virginia, my countrymen, where your relations lavished
+their blood&mdash;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>
+<hi rend='italic'>The President of the United States has no council, etc.</hi>, says Col.
+Mason. His proposed council<note place='foot'>Mason proposed in the convention that
+the President should have a privy council
+of six.&mdash;<hi rend='italic'>Ed.</hi></note> would have been expensive&mdash;they
+<pb n='163'/><anchor id='Pg163'/>
+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&mdash;if divided, prevent vigor and
+dispatch&mdash;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>
+<emph>There is no Declaration of Rights.</emph> 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>
+<emph>There is to be no ex post facto laws.</emph> This was moved by Mr.
+Gerry and supported by Mr. Mason,<note place='foot'>This is an error. It was moved by
+Mason and seconded by Gerry. Cf. <hi rend='italic'>Papers
+of James Madison, III.</hi>, 1578.</note> 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>
+<emph>The general legislature is restrained from prohibiting the further
+importation of slaves for twenty odd years.</emph> But every state legislature
+may restrain its own subjects; but if they should not, shall
+<pb n='164'/><anchor id='Pg164'/>
+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&mdash;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>
+<emph>There is no declaration of any kind to preserve the liberty of the
+press, etc.</emph> 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>
+<emph>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.</emph> 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
+<pb n='165'/><anchor id='Pg165'/>
+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>
+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?&mdash;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:&mdash;The danger of the constitution
+is not aristocracy or monarchy, but anarchy.
+</p>
+
+<p>
+I intreat you, my fellow citizens, to read and examine the
+new constitution with candor&mdash;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 <hi rend='italic'>The objections of
+the Hon. George Mason, etc.</hi>&mdash;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
+<pb n='166'/><anchor id='Pg166'/>
+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, <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.</q>
+</p>
+
+<p>
+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&mdash;we
+shall be fitted for slavery, and it will be an easy business to reduce
+us to obey one or more tyrants.
+</p>
+
+<p>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='167'/><anchor id='Pg167'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, VII.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1195)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, December 17, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Landholders and Farmers.</hi>
+</p>
+
+<p>
+I have often admired the spirit of candour, liberality, and justice,
+with which the Convention began and completed the important
+object of their mission. <q>In all our deliberation on this
+subject,</q> say they, <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.</q>
+</p>
+
+<p>
+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;
+<pb n='168'/><anchor id='Pg168'/>
+that which has the most excellencies and fewest faults, is
+the best that we can expect.
+</p>
+
+<p>
+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.<note place='foot'>See letter of William Williams in
+this collection.&mdash;<hi rend='italic'>Ed.</hi></note>
+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>
+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.
+<pb n='169'/><anchor id='Pg169'/>
+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>
+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>
+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
+<pb n='170'/><anchor id='Pg170'/>
+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>
+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>
+
+<pb n='171'/><anchor id='Pg171'/>
+
+<p>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='172'/><anchor id='Pg172'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, VIII.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1196)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, December 24, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Hon. Elbridge Gerry, Esquire.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Sir</hi>,
+</p>
+
+<p>
+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>
+Mr. Mason was certainly wrong in telling the world that he
+acted a double part&mdash;he ought not to have published two setts of
+reasons for his dissent to the constitution. His New England
+<pb n='173'/><anchor id='Pg173'/>
+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,<note place='foot'>John Lamb, Marinus
+Willetts, Melancthon Smith, George Clinton and Robert
+or Abraham Yates, the principal anti-federalists of New
+York.&mdash;<hi rend='italic'>Ed.</hi></note> 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 <q>liberty of
+the press,</q> the <q>bill of rights,</q> the <q>blending of the executive and
+legislative,</q> <q>internal taxation,</q> or any other topic which you
+did not happen to think of while in convention.
+</p>
+
+<p>
+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
+<pb n='174'/><anchor id='Pg174'/>
+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>
+You will doubtless recollect the following state of facts&mdash;if you
+do not, every member of the convention will attest them&mdash;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&mdash;he was willing to sacrifice every private feeling and opinion&mdash;to
+concede every state interest that should be in the least
+incompatible with the most substantial and permanent system
+of general government&mdash;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&mdash;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&mdash;that it should
+be placed upon a footing with other liquidated securities of the
+United States.<note place='foot'>See counter-statements of Gerry and Martin in
+their answers.&mdash;<hi rend='italic'>Ed.</hi></note>
+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.<note place='foot'>Cf. <hi rend='italic'>Papers of James Madison</hi>,
+III, 1595.</note> These reasons were totally different from those which
+he has published, neither was a single objection which is contained
+<pb n='175'/><anchor id='Pg175'/>
+in his letter to the legislature of Massachusetts ever
+offered by him in convention.
+</p>
+
+<p>
+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>
+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>
+With these advantages you might have past for a complete
+politician, and your duplicity might never have been detected.
+</p>
+
+<p>
+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>
+
+<pb n='176'/><anchor id='Pg176'/>
+
+<p>
+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>
+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>
+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
+<pb n='177'/><anchor id='Pg177'/>
+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>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='178'/><anchor id='Pg178'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, IX.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1197)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, December 31, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Hon. Gentlemen chosen to serve in the State
+Convention.<note place='foot'>The Convention of Connecticut, which was to
+meet Jan. 4.&mdash;<hi rend='italic'>Ed.</hi></note></hi>
+</p>
+
+<p>
+<hi rend='italic'>Gentlemen</hi>,
+</p>
+
+<p>
+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>
+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
+<pb n='179'/><anchor id='Pg179'/>
+is in danger from herself and her own citizens, not from giving
+too much, but from denying all power to her rulers&mdash;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&mdash;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&mdash;all allow something is necessary&mdash;thousands of sufferers
+have stifled their rights in reverence to the public effort&mdash;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&mdash;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&mdash;industry will cease&mdash;the states will
+be filled with jealousy&mdash;some opposing and others endeavoring
+to retaliate&mdash;a thousand existing factions, and acts of public injustice,
+thro' the temporary influence of parties, will prepare the
+<pb n='180'/><anchor id='Pg180'/>
+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>
+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>
+Politics ought to be free from passion&mdash;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&mdash;of
+dangerous articles which must be corrected&mdash;that
+<pb n='181'/><anchor id='Pg181'/>
+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&mdash;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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='182'/><anchor id='Pg182'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, X.</head>
+
+<p>
+The Maryland Journal,
+(Number 1016)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, February 29, 1788.</hi>
+</p>
+
+<p>
+For the Maryland Journal, etc.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Honourable Luther Martin, Esq.</hi><note place='foot'>The
+Landholder, IV-VIII, were reprinted in <hi rend='italic'>The Maryland Journal</hi>, 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 <hi rend='italic'>The Connecticut Courant</hi>,
+its place being taken by the number X., printed immediately after this
+letter.&mdash;<hi rend='italic'>Ed.</hi></note>
+</p>
+
+<p>
+<hi rend='italic'>Sir</hi>,
+</p>
+
+<p>
+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 <q>to aggrandise, at the expence
+of the small States, Old Massachusetts and the Ancient Dominion.</q>
+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
+<pb n='183'/><anchor id='Pg183'/>
+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<note place='foot'>June 9.&mdash;<hi rend='italic'>Ed.</hi></note>
+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.<note place='foot'>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. <hi rend='italic'>Papers of James
+Madison</hi>, II., 925.&mdash;<hi rend='italic'>Ed.</hi></note>
+You held the jargon, that notwithstanding
+<pb n='184'/><anchor id='Pg184'/>
+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 <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.</q> 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.<note place='foot'>Mr. Gerry agreed with
+Mr. Martin on these questions.</note> These are among the greater
+<pb n='185'/><anchor id='Pg185'/>
+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.<note place='foot'>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 <hi rend='italic'>Genuine
+Information</hi>.&mdash;<hi rend='italic'>Ed.</hi></note>
+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
+<pb n='186'/><anchor id='Pg186'/>
+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,<note place='foot'>June 9, according to Madison,
+the <hi rend='italic'>Journal</hi> and Martin's <hi rend='italic'>Genuine
+Information</hi>.&mdash;<hi rend='italic'>Ed.</hi></note>
+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
+<pb n='187'/><anchor id='Pg187'/>
+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,<note place='foot'>Gerry, though defeated in an election to
+the Massachusetts Convention, was invited
+by them to attend, in order to furnish information to
+the members.&mdash;<hi rend='italic'>Ed.</hi></note>
+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 <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.</q>
+</p>
+
+<p>
+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.<note place='foot'><p>To
+prevent any misconstruction the following is the publication entire:
+</p>
+<p>
+(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.&mdash;<hi rend='italic'>Ed.</hi>)
+</p>
+<p>
+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 <q>the public debt should stand on the same
+ground it now stands on by the articles of confederation.</q> 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></note>
+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
+<pb n='188'/><anchor id='Pg188'/>
+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>
+February, 1788.
+</p>
+
+<p>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='189'/><anchor id='Pg189'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, X.</head>
+
+<p>
+[This number duplicates the preceding one, for an explanation of which see the
+foot-note to the first Number X.&mdash;<hi rend='italic'>Ed.</hi>]
+</p>
+
+<p>
+The Connecticut Courant,
+(Number 1206)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, March 3, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of New Hampshire.</hi><note place='foot'>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.&mdash;<hi rend='italic'>Ed.</hi></note>
+</p>
+
+<p>
+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>
+
+<pb n='190'/><anchor id='Pg190'/>
+
+<p>
+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>
+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
+<pb n='191'/><anchor id='Pg191'/>
+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>
+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&mdash;their mutual condescension in
+the reconcilement of jarring interests and opposing claims between
+the several States&mdash;the formation of a system so efficient in appearance,
+at the same time so well guarded against an oppression
+of the subject&mdash;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>
+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>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='192'/><anchor id='Pg192'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, XI.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1207)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, March 10, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of New Hampshire.</hi>
+</p>
+
+<p>
+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>
+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>
+
+<pb n='193'/><anchor id='Pg193'/>
+
+<p>
+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>
+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>
+It has been said that you object to the number of inhabitants
+being a ratio to determine your proportion of the national expence&mdash;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>
+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
+<pb n='194'/><anchor id='Pg194'/>
+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>
+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>
+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>
+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>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+<pb n='195'/><anchor id='Pg195'/>
+
+<p>
+The Landholder presents his most respectful compliments to
+Hon W. Williams,<note place='foot'>See Letter of William
+Williams in this Collection.&mdash;<hi rend='italic'>Ed.</hi></note>
+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&mdash;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>
+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>
+
+<pb n='196'/><anchor id='Pg196'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, XII.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1208)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, March 17, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Rhode Island Friends of Paper Money, Tender Acts
+and Anti-federalism.</hi>
+</p>
+
+<p>
+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>
+
+<pb n='197'/><anchor id='Pg197'/>
+
+<p>
+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&mdash;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
+<pb n='198'/><anchor id='Pg198'/>
+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>
+The distress to which many of your best citizens are reduced&mdash;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>
+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>
+There are among you legislators eminent, through the union
+<pb n='199'/><anchor id='Pg199'/>
+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>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+<pb n='200'/><anchor id='Pg200'/>
+
+<div rend='page-break-before: always'>
+<head>The Landholder, XIII.</head>
+
+<p>
+The Connecticut Courant,
+(Number 1209)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, March 24, 1788.</hi>
+</p>
+
+<p>
+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>
+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
+<pb n='201'/><anchor id='Pg201'/>
+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>
+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>
+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
+<pb n='202'/><anchor id='Pg202'/>
+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>
+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>
+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>
+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>
+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>
+<hi rend='smallcaps'>A Landholder.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='203'/><anchor id='Pg203'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>A Letter To The Landholder. By William Williams.</head>
+
+<p>
+Printed In<lb/>
+The American Mercury,<lb/>
+February 1788.
+</p>
+
+<pb n='205'/><anchor id='Pg205'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+This letter was occasioned by the following communication,
+which was printed in the <hi rend='italic'>Connecticut Courant</hi> for Monday, February
+4, 1788, (number 1202):
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Hon. William Williams, Esq.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Sir</hi>:&mdash;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 <emph>religious test</emph> was
+the subject of debate, you took the liberty of saying <emph>that the
+Landholder</emph> (in treating of the same subject) <emph>had missed the point;
+that he had raised up a man of straw, and kicked it over again</emph>.
+Now, Sir, I wish this matter may be fairly cleared up. I wish to
+know, what is the real point? Who and what the <emph>real</emph> 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 <emph>you or I
+have missed the point</emph>; and which of us has <emph>committed the crime of
+making a man of straw</emph>.
+</p>
+
+<p>
+Not doubting but you will have the candour to come to an explanation
+on this subject,
+</p>
+
+<p>
+I am, Sir, your humble servant,
+</p>
+
+<p>
+<hi rend='smallcaps'>The Landholder</hi>.
+</p>
+
+<p>
+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>
+
+<pb n='207'/><anchor id='Pg207'/>
+
+<div rend='page-break-before: always'>
+<head>Letter Of William Williams.</head>
+
+<p>
+The American Mercury,
+(Number 88)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, February 11th, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>Mr. Babcock</hi>:
+</p>
+
+<p>
+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 <q>no religious test should ever be required as a
+qualification to any office or trust, &amp;c.</q> 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
+<pb n='208'/><anchor id='Pg208'/>
+following or similar terms, viz. <hi rend='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</hi>, and in order to form a
+more perfect union &amp;c., as it is expressed in the present introduction,
+do ordain &amp;c., and instead of none, that no other religious
+test should ever be required &amp;c., and that supposing, but not
+granting, this would <emph>be no security at all</emph>, that it would make
+hypocrites, &amp;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 &amp;c., combatted objections which did
+not exist, and <emph>was building up a man of straw and knocking him
+down again</emph>. 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
+<pb n='209'/><anchor id='Pg209'/>
+them, except the proposed test, and whether there is any
+reason in them or not, I submit to the public.
+</p>
+
+<p>
+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>
+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 <hi rend='italic'>the Constitution</hi>, with this, and some
+other faults of another kind, was yet too wise and too necessary
+to be rejected.
+</p>
+
+<p>
+<hi rend='smallcaps'>W. Williams.</hi>
+</p>
+
+<p>
+P. S.&mdash;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>
+Feb. 2d, 1788.
+</p>
+
+</div>
+
+</div>
+
+<pb n='211'/><anchor id='Pg211'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of A Countryman. Written By Roger Sherman.</head>
+
+<p>
+Printed In<lb/>
+The New Haven Gazette,<lb/>
+November-December, 1787.
+</p>
+
+<pb n='213'/><anchor id='Pg213'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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>
+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 <q>had endeavored to
+show in a former piece.</q>
+</p>
+
+</div>
+
+<pb n='215'/><anchor id='Pg215'/>
+
+<div rend='page-break-before: always'>
+<head>A Countryman, I.</head>
+
+<p>
+The New Haven Gazette,
+(Number 39)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, November 14, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People of Connecticut.</hi>
+</p>
+
+<p>
+You are now called on to make important alterations in your
+government, by ratifying the new federal constitution.
+</p>
+
+<p>
+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 <emph>lose</emph> by the alterations, what effect it is to
+have on what he at present possesses, than what is to be <emph>hoped</emph>
+for in the proposed expedient.
+</p>
+
+<p>
+Thus people are justly cautious how they exchange present
+advantages for the hope of others in a system not yet experienced.
+</p>
+
+<p>
+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
+<pb n='216'/><anchor id='Pg216'/>
+should derive from sending one or two members to the legislature
+at Hartford &amp; 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>
+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>
+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>
+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>
+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 <emph>great men</emph> 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
+<pb n='217'/><anchor id='Pg217'/>
+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>
+
+<pb n='218'/><anchor id='Pg218'/>
+
+<div rend='page-break-before: always'>
+<head>A Countryman, II.</head>
+
+<p>
+The New Haven Gazette,
+(Number 40)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, November 22, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People of Connecticut.</hi>
+</p>
+
+<p>
+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>
+It is enough that you should have heard, that one party has
+seriously urged, that we should adopt the <emph>New Constitution</emph> because
+it has been approved by <emph>Washington</emph>
+and <emph>Franklin</emph>: and the
+other, with all the solemnity of apostolic address to
+<emph>Men</emph>, <emph>Brethren</emph>,
+<emph>Fathers</emph>, <emph>Friends and Countryman</emph>, have urged that we should
+reject, as dangerous, every clause thereof, because that <emph>Washington</emph>
+is more used to command as a soldier, than to reason as a
+politician&mdash;<emph>Franklin is old</emph>, others are <emph>young</emph>&mdash;and
+<emph>Wilson</emph> is
+<emph>haughty</emph>.<note place='foot'>This is a paraphrase of the arguments
+of <q>The Centinel</q> in <hi rend='italic'>The Independent
+Gazetteer</hi>.&mdash;<hi rend='smallcaps'>Ed.</hi></note>
+You are too well informed to decide by the opinion of
+others, and too independent to need a caution against undue influence.
+</p>
+
+<p>
+Of a very different nature, tho' only one degree better than the
+other reasoning, is all that sublimity of <emph>nonsense</emph> and <emph>alarm</emph>,
+that has been thundered against it in every shape of
+<emph>metaphoric terror</emph>,
+on the subject of a <emph>bill of rights</emph>, the <emph>liberty of the press</emph>,
+<emph>rights of conscience</emph>, <emph>rights of taxation and election</emph>,
+<emph>trials in the vicinity</emph>, <emph>freedom
+of speech</emph>, <emph>trial by jury</emph>, and a <emph>standing army</emph>.
+These last are
+<pb n='219'/><anchor id='Pg219'/>
+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&mdash;you are but slaves. Make an absolute monarch&mdash;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;&mdash;he will find means either to take them from you, or to
+render them useless.
+</p>
+
+<p>
+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
+<emph>honeymoon</emph> of a new married couple, unless the <emph>rulers were
+interested</emph> 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.&mdash;The famous English <hi rend='italic'>Magna Charta</hi>
+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 <emph>one branch</emph> of their legislature must be
+strongly interested to preserve the rights of the nation.
+</p>
+
+<p>
+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>
+Your General Assembly under your present constitution are
+<pb n='220'/><anchor id='Pg220'/>
+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>
+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>
+If you cannot prove by the best of all evidence, viz., by the <emph>interest
+of the rulers</emph>, 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:&mdash;No, not with all the
+bills of rights and with all the stipulations in favor of the people
+that can be made.
+</p>
+
+<p>
+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>
+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,
+<pb n='221'/><anchor id='Pg221'/>
+or may occasionally furnish subjects for <hi rend='italic'>George Bryan's</hi> Pomposity,
+or the declamations of <hi rend='italic'>Cato</hi>&mdash;<hi rend='italic'>An Old
+Whig</hi>&mdash;<hi rend='italic'>Son of
+Liberty</hi>&mdash;<hi rend='italic'>Brutus</hi>&mdash;<hi rend='italic'>Brutus
+junior</hi>&mdash;<hi rend='italic'>An Officer of the Continental Army</hi>,&mdash;the
+more contemptible <hi rend='italic'>Timoleon</hi>, and the residue of that rabble
+of writers.
+</p>
+
+</div>
+
+<pb n='222'/><anchor id='Pg222'/>
+
+<div rend='page-break-before: always'>
+<head>A Countryman, III.</head>
+
+<p>
+The New Haven Gazette,
+(Number 41)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, November 29, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People of Connecticut.</hi>
+</p>
+
+<p>
+The same thing once more&mdash;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>
+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>
+No people can be more secure against any oppression in their
+<pb n='223'/><anchor id='Pg223'/>
+rulers than you are at present; and no rulers can have more supreme
+and unlimited authority than your general assembly have.
+</p>
+
+<p>
+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.&mdash;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>
+
+<pb n='224'/><anchor id='Pg224'/>
+
+<div rend='page-break-before: always'>
+<head>A Countryman, IV.</head>
+
+<p>
+The New Haven Gazette,
+(Number 42)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, December 6, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People of Connecticut.</hi>
+</p>
+
+<p>
+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>
+The best theory, the best philosophy on the subject, would be
+too uncertain for you to hazard your freedom upon.
+</p>
+
+<p>
+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 <emph>literally,
+all the powers of society</emph>. Can you&mdash;can you <emph>possibly</emph> 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>
+
+<pb n='225'/><anchor id='Pg225'/>
+
+<p>
+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,&mdash;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&mdash;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>
+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>
+It would be only a repetition to enter into a consideration of
+this difference between Congress and your Assembly.
+</p>
+
+<p>
+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>
+
+<pb n='226'/><anchor id='Pg226'/>
+
+<p>
+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 <emph>attempt</emph> 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,&mdash;or to lessen it,&mdash;or he
+will be paid in a security&mdash;not worth half the money.
+</p>
+
+<p>
+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>
+
+<pb n='227'/><anchor id='Pg227'/>
+
+<div rend='page-break-before: always'>
+<head>A Countryman, V.</head>
+
+<p>
+The New Haven Gazette,
+(Number 44)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, December 20, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the People of Connecticut.</hi>
+</p>
+
+<p>
+You do not hate to read Newspaper Essays on the new constitution,
+more than I hate to write them. Then <emph>we will be short</emph>&mdash;which
+I have often found the <emph>best</emph> expression in a dull sermon,
+except the <emph>last</emph>.
+</p>
+
+<p>
+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:&mdash;and may perhaps in some
+future day be discussed.
+</p>
+
+<p>
+The design undoubtedly was, that the house of representatives
+should be a <emph>popular</emph> assembly,&mdash;that the senate should, in its nature,
+be somewhat more permanent, and that the two houses
+should be completely independent of each other. These <emph>principles</emph>
+are right&mdash;for the present we will suppose they will be supported&mdash;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>
+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?
+<pb n='228'/><anchor id='Pg228'/>
+Philosophy may mislead you. Ask experience. Are not the
+liberties of the people of England as safe as yours?&mdash;They are
+not as free as yours, because much of their government is in the
+hands of <emph>hereditary majesty</emph> and <emph>nobility</emph>. 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&mdash;the <emph>only</emph> branch who are appointed by the people&mdash;and
+they are chosen but once in <emph>seven years</emph>. 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&mdash;one
+whole house but two years, and your President but
+four.
+</p>
+
+<p>
+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 <emph>hereditary</emph>
+monarch, with the national Treasury&mdash;Army&mdash;and fleet at
+his command&mdash;and the whole executive government&mdash;and
+one-third of the legislative in his hands constantly operating on a
+house of commons, whose duration is never less than <emph>seven years</emph>,
+unless this same monarch should <emph>end</emph> 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 <emph>liberty of the
+press</emph>,&mdash;<emph>trial by jury</emph>,&mdash;<emph>the
+rights of conscience, or of private
+property</emph>.
+</p>
+
+<p>
+Can you then apprehend danger of oppression and tyranny
+from the too great duration of the power of <emph>your</emph> rulers?
+</p>
+
+</div>
+
+</div>
+
+<pb n='229'/><anchor id='Pg229'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of A Citizen Of New Haven, Written By Roger Sherman.</head>
+
+<p>
+Printed In<lb/>
+The New Haven Gazette,<lb/>
+December, 1789.
+</p>
+
+<pb n='231'/><anchor id='Pg231'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+These letters are ascribed to Sherman on the authority mentioned
+at page <ref target='Pg213'>213</ref>.
+</p>
+
+<p>
+In a letter from James Madison to Edmund Randolph, (<hi rend='italic'>Correspondence</hi>,
+1, 63), he says:
+</p>
+
+<p>
+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>
+In the <hi rend='italic'>Writings of John Adams</hi>,
+(<hi rend='smallcaps'>vi</hi>, 427), is a correspondence
+between Adams and Sherman, produced by these articles, which
+should be studied in connection with them.
+</p>
+
+</div>
+
+<pb n='233'/><anchor id='Pg233'/>
+
+<div rend='page-break-before: always'>
+<head>A Citizen Of New Haven, I.</head>
+
+<p>
+The New Haven Gazette,
+(Number 48)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, December 4, 1788.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Observations on the Alterations Proposed as Amendments to the
+new Federal Constitution.</hi>
+</p>
+
+<p>
+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>
+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>
+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>
+2. That impeachments ought not to be tried by the senate, or
+not by the senate alone.
+</p>
+
+<pb n='234'/><anchor id='Pg234'/>
+
+<p>
+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>
+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>
+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>
+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>
+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, &amp;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>
+5. It is proposed to make the president and senators ineligible
+after certain periods.
+</p>
+
+<p>
+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&mdash;but if their services are
+not acceptable they may be left out at any new election.
+</p>
+
+<p>
+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>
+
+<pb n='235'/><anchor id='Pg235'/>
+
+<p>
+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>
+7. There is one amendment proposed by the convention of
+South Carolina respecting religious tests, by inserting the word
+<emph>other</emph>, between the words <emph>no</emph>
+and <emph>religious</emph> 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>
+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>
+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>
+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>
+Congress may make requisitions for supplies previous to direct
+<pb n='236'/><anchor id='Pg236'/>
+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>
+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>
+<hi rend='smallcaps'>A Citizen of New Haven.</hi>
+</p>
+
+</div>
+
+<pb n='237'/><anchor id='Pg237'/>
+
+<div rend='page-break-before: always'>
+<head>A Citizen Of New Haven, II.</head>
+
+<p>
+The New Haven Gazette,
+(Number 51)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, December 25, 1788.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Observations on the New Federal Constitution.</hi>
+</p>
+
+<p>
+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>
+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>
+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>
+
+<pb n='238'/><anchor id='Pg238'/>
+
+<p>
+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>
+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>
+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>
+
+<pb n='239'/><anchor id='Pg239'/>
+
+<p>
+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>
+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>
+The liberty of the press can be in no danger, because that is
+not put under the direction of the new government.
+</p>
+
+<p>
+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>
+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>
+
+<pb n='240'/><anchor id='Pg240'/>
+
+<p>
+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.&mdash;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;&mdash;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>
+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>
+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>
+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>
+It was thought necessary in order to carry into effect the laws
+<pb n='241'/><anchor id='Pg241'/>
+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, &amp;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>
+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>
+<hi rend='smallcaps'>A Citizen of New Haven.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='243'/><anchor id='Pg243'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of Cato, Written By George Clinton.</head>
+
+<p>
+Printed In<lb/>
+The New York Journal,<lb/>
+September-January, 1787-8.
+</p>
+
+<pb n='245'/><anchor id='Pg245'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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>
+
+<quote rend='display'>
+
+<p>
+<hi rend='smallcaps'>October 18, 1787.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Dear Sir</hi>:
+</p>
+
+<p>
+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 <emph>reason</emph>
+and <emph>fairness</emph> 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.
+</p>
+
+<p>
+<hi rend='smallcaps'>A. Hamilton.</hi>
+</p>
+</quote>
+
+<p>
+This copy, so obtained, seems to have been the basis of the
+following note in the <hi rend='italic'>New York Journal</hi>:
+</p>
+
+<quote rend='display'>
+<q>A writer in the state of New-York, under the signature of
+<hi rend='italic'>Cesar</hi>, came forward
+against the patriotic <hi rend='italic'>Cato</hi> and endeavoured
+to frighten him from starting any objections and threatened that
+<q><hi rend='italic'>Cato</hi> would be followed
+by <hi rend='italic'>Cesar</hi> in all his marches;</q> but we find
+that as soon as ever <hi rend='italic'>Cato</hi> came freely to discuss the merit of the
+constitution <hi rend='italic'>Cesar</hi> retreated and disappeared: and since that a
+publication under the signature of Publius ... has appeared in
+that state.</q>
+</quote>
+
+<p>
+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
+<hi rend='italic'>Cæsar</hi> mentioned above.
+</p>
+
+</div>
+
+<pb n='247'/><anchor id='Pg247'/>
+
+<div rend='page-break-before: always'>
+<head>Cato, I.</head>
+
+<p>
+The New York Journal,
+(Number 2134)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, September 27, 1787.</hi>
+</p>
+
+<p>
+For the New York Journal.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of the State of New York</hi>:
+</p>
+
+<p>
+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>
+Government, to an American, is the science of his political
+safety; this then is a moment to you the most important&mdash;and
+that in various points&mdash;to your reputation as members of a great
+nation&mdash;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
+<pb n='248'/><anchor id='Pg248'/>
+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>
+Without directly engaging as an advocate for this new form of
+national government, or as an opponent&mdash;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&mdash;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&mdash;do not, because you admit that something
+must be done, adopt anything&mdash;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 <emph>unshaken
+perseverance</emph> in the cause of liberty; but how miserable the alternative&mdash;you
+would deprecate the ruin you had brought upon
+yourselves, be the curse of posterity, and the scorn and scoff of
+nations.
+</p>
+
+<pb n='249'/><anchor id='Pg249'/>
+
+<p>
+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&mdash;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>
+Beware of those who wish to influence your passions, and to
+make you dupes to their resentments and little interests&mdash;personal
+invectives can never persuade, but they always fix prejudices,
+which candor might have removed&mdash;those who deal in them have
+not your happiness at heart. Attach yourselves to measures,
+not to men.
+</p>
+
+<p>
+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 <emph>politics</emph>, as well as in religious faith,
+every man ought to think for himself.
+</p>
+
+<p>
+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>
+<hi rend='smallcaps'>Cato.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Sept. 26, 1787.</hi>
+</p>
+
+</div>
+
+<pb n='250'/><anchor id='Pg250'/>
+
+<div rend='page-break-before: always'>
+<head>Cato, II.</head>
+
+<p>
+The New York Journal,
+(Number 2136)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, October 11, 1787.</hi>
+</p>
+
+<p>
+For the New York Journal.
+</p>
+
+<p>
+<hi rend='italic'>To the</hi> <hi rend='smallcaps'>Citizens</hi>
+<hi rend='italic'>of the</hi> <hi rend='smallcaps'>State</hi>
+<hi rend='italic'>of</hi> <hi rend='smallcaps'>New York</hi>:
+</p>
+
+<quote rend='display'>
+<lg>
+<l><q rend='pre'>Remember, O my friends! the laws, the rights,</q></l>
+<l>The generous plan of power deliver'd down,</l>
+<l>By your renown'd Forefathers;</l>
+<l>So dearly bought, the price of so much blood!</l>
+<l>O let it never perish in your hands!</l>
+<l><q rend='post'>But piously transmit it to your children.</q></l>
+</lg>
+</quote>
+
+<p>
+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
+<pb n='251'/><anchor id='Pg251'/>
+shall take no other cognizance of his remarks on the <emph>questionable</emph>
+shape of my future, or the <emph>equivocal</emph> 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&mdash;he
+ridicules your prerogative, power, and majesty&mdash;he talks of this
+<emph>proffered constitution</emph> 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:&mdash;he shuts the door of free deliberation
+and discussion, and declares that you must receive this
+government in manner and form as it is <emph>proffered</emph>&mdash;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?&mdash;if those were your motives, you
+have reward before you&mdash;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&mdash;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&mdash;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>
+In democratic republics the people collectively are considered
+<pb n='252'/><anchor id='Pg252'/>
+as the sovereign&mdash;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&mdash;your
+executive, legislative, and judicial acknowledge it
+by their public acts&mdash;you are again solicited to sanction and
+establish the future one&mdash;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&mdash;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 <emph>might</emph> have been more perfect.
+</p>
+
+<p>
+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&mdash;that there were defects therein, and as a means
+to remedy which, a Convention of delegates, appointed by the
+<pb n='253'/><anchor id='Pg253'/>
+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?&mdash;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&mdash;but one entire sovereignty, a consolidation of them
+into one government&mdash;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
+<emph>proffered</emph>
+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.<note place='foot'>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 <q>transmitted
+to the several legislatures.</q>&mdash;<hi rend='italic'>Ed.</hi></note> 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
+<pb n='254'/><anchor id='Pg254'/>
+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&mdash;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&mdash;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&mdash;compare it with the experience and opinions of the
+most sensible and approved political authors&mdash;and to show that
+its principles, and the exercise of them, will be dangerous to your
+liberty and happiness.
+</p>
+
+<p>
+<hi rend='smallcaps'>Cato.</hi>
+</p>
+
+</div>
+
+<pb n='255'/><anchor id='Pg255'/>
+
+<div rend='page-break-before: always'>
+<head>Cato, III.</head>
+
+<p>
+The New York Journal,
+(Number 2138)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, October 25, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of the State of New York</hi>:
+</p>
+
+<p>
+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>
+Although I am conscious that this is an arduous undertaking,
+yet I will perform it to the best of my ability.
+</p>
+
+<p>
+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>
+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
+<pb n='256'/><anchor id='Pg256'/>
+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 <emph>form a perfect
+union, establish justice, insure domestic tranquility, promote the general
+welfare, and secure the blessings of liberty to you and your
+posterity</emph>, 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>
+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, <emph>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</emph>&mdash;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>
+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,
+<pb n='257'/><anchor id='Pg257'/>
+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&mdash;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&mdash;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, <hi rend='italic'>is a government derived
+from neither nature nor compact</hi>.
+</p>
+
+<p>
+<hi rend='italic'>Political liberty</hi>, the great
+Montesquieu again observes, <hi rend='italic'>consists
+in security, or at least in the opinion we have of security</hi>; and this
+<emph>security</emph>, therefore, or the <emph>opinion</emph>, 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>
+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 <emph>property</emph>
+of the community, in which expressive term Mr. Locke makes
+life, liberty, and estate, to consist&mdash;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 <emph>domestic tranquility</emph> without the
+<pb n='258'/><anchor id='Pg258'/>
+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>
+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&mdash;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>
+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&mdash;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>
+It may be suggested, in answer to this, that whoever is a citizen
+<pb n='259'/><anchor id='Pg259'/>
+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&mdash;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>
+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>
+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>
+<hi rend='smallcaps'>Cato.</hi>
+</p>
+
+</div>
+
+<pb n='260'/><anchor id='Pg260'/>
+
+<div rend='page-break-before: always'>
+<head>Cato, IV.</head>
+
+<p>
+The New York Journal,
+(Number 2140)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, November 8, 1787.</hi>
+</p>
+
+<p>
+For the New York Journal.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of the State of New York</hi>:
+</p>
+
+<p>
+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>
+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 <emph>chief</emph>, 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&mdash;regulates the salary of the
+<pb n='261'/><anchor id='Pg261'/>
+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>
+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 <emph>statedly</emph>
+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, &amp;c., this inexplicitness perhaps
+may lead to an establishment for life.
+</p>
+
+<p>
+It is remarked by Montesquieu, in treating of republics, that <emph>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</emph>. 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 <emph>ambition</emph>, which in a republican magistrate
+is also remarked, <emph>to
+be pernicious</emph>, 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, <emph>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</emph>. 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&mdash;his eminent magisterial situation will attach
+many adherents to him, and he will be surrounded by expectants
+<pb n='262'/><anchor id='Pg262'/>
+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>
+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>
+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&mdash;<emph>ambition
+with idleness</emph>&mdash;<emph>baseness with pride</emph>&mdash;<emph>the
+thirst of riches without labor</emph>&mdash;<emph>aversion to
+truth</emph>&mdash;<emph>flattery</emph>&mdash;<emph>treason</emph>&mdash;<emph>perfidy</emph>&mdash;<emph>violation
+of engagements</emph>&mdash;<emph>contempt of civil
+duties</emph>&mdash;<emph>hope from the magistrate's
+weakness</emph>; <emph>but above all, the perpetual ridicule
+of virtue</emph>&mdash;these, he
+remarks, are the characteristics by which the courts in all ages
+have been distinguished.
+</p>
+
+<p>
+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 <emph>meanly born</emph>, and in adulation to people of
+fortune and power.
+</p>
+
+<p>
+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
+<pb n='263'/><anchor id='Pg263'/>
+powers, besides always giving to some one state, from
+which he is to come, an unjust pre-eminence.
+</p>
+
+<p>
+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>
+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
+<pb n='264'/><anchor id='Pg264'/>
+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&mdash;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 <emph>imperfect aristocracy</emph> bordering on monarchy
+may be established.
+</p>
+
+<p>
+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>
+<hi rend='smallcaps'>Cato.</hi>
+</p>
+
+</div>
+
+<pb n='265'/><anchor id='Pg265'/>
+
+<div rend='page-break-before: always'>
+<head>Cato, V.</head>
+
+<p>
+The New York Journal,
+(Number 2145)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, November 22, 1787.</hi>
+</p>
+
+<p>
+For the New York Journal, &amp;c.
+</p>
+
+<p>
+<hi rend='italic'>To the</hi> <hi rend='smallcaps'>Citizens</hi>
+<hi rend='italic'>of the</hi> <hi rend='smallcaps'>State</hi>
+<hi rend='italic'>of</hi> <hi rend='smallcaps'>New York</hi>.
+</p>
+
+<p>
+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>
+And here I cannot help remarking that inexplicitness seems to
+pervade this whole political fabric; certainly in political compacts,
+<pb n='266'/><anchor id='Pg266'/>
+which Mr. Coke calls <emph>the mother and nurse of repose and quietness</emph>
+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&mdash;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 <emph>to live by one man's will became
+the cause of all men's misery</emph>. 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
+<pb n='267'/><anchor id='Pg267'/>
+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>
+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&mdash;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;
+<pb n='268'/><anchor id='Pg268'/>
+these are some of the many evils that will attend the adoption of
+this government.
+</p>
+
+<p>
+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>
+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
+<emph>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</emph>. He remarks further
+that <emph>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</emph>; but the framers of this <emph>perfect government</emph>, 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>
+It is a very important objection to this government, that the
+<pb n='269'/><anchor id='Pg269'/>
+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&mdash;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,<note place='foot'>A series of articles in the <hi rend='italic'>New
+York Journal</hi>, written by Robert Yates.&mdash;<hi rend='italic'>Ed.</hi></note>
+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>
+<hi rend='smallcaps'>Cato.</hi>
+</p>
+
+</div>
+
+<pb n='270'/><anchor id='Pg270'/>
+
+<div rend='page-break-before: always'>
+<head>Cato, VI.</head>
+
+<p>
+The New York Journal,
+(Number 2163)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, December 16, 1787.</hi>
+</p>
+
+<p>
+For the New York Journal, &amp;c.
+</p>
+
+<p>
+<hi rend='italic'>To the</hi> <hi rend='smallcaps'>People</hi>
+<hi rend='italic'>of the</hi> <hi rend='smallcaps'>State</hi>
+<hi rend='italic'>of</hi> <hi rend='smallcaps'>New York</hi>.
+</p>
+
+<p>
+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 <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.</q> 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
+<pb n='271'/><anchor id='Pg271'/>
+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>
+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&mdash;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&mdash;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
+<pb n='272'/><anchor id='Pg272'/>
+farmer must feel it in the purchase of their utensils and clothing&mdash;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>
+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&mdash;your complaints will be inefficacious&mdash;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>
+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
+<pb n='273'/><anchor id='Pg273'/>
+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&mdash;the offspring of despotic governments, a thing so detestable
+that the state of Maryland, in their bill of rights, declares
+<q>that the levying taxes by the poll is grievous and oppressive,
+and ought to be abolished.</q> 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>
+In every civilized community, even in those of the most democratic
+kind, there are principles which lead to an aristocracy&mdash;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
+<pb n='274'/><anchor id='Pg274'/>
+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>
+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,&mdash;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>
+<hi rend='smallcaps'>Cato.</hi>
+</p>
+
+</div>
+
+<pb n='275'/><anchor id='Pg275'/>
+
+<div rend='page-break-before: always'>
+<head>Cato, VII.</head>
+
+<p>
+The New York Journal,
+(Number 2181)
+</p>
+
+<p>
+<hi rend='smallcaps'>Thursday, January 3, 1788.</hi>
+</p>
+
+<p>
+For the New York Journal, &amp;c.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of the State of New York.</hi>
+</p>
+
+<p>
+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, <emph>convene both houses or
+either of them</emph>. No occasion can exist for calling the assembly
+without the senate; the words <emph>or either of them</emph> 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
+<pb n='276'/><anchor id='Pg276'/>
+an impartial judicature? And will they not rather serve as a
+screen to great public defaulters?
+</p>
+
+<p>
+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 <foreign rend='italic'>argumentum absurdum</foreign>;
+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
+<pb n='277'/><anchor id='Pg277'/>
+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>
+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
+<pb n='278'/><anchor id='Pg278'/>
+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 <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.</q> Montesquieu observes that <q>the course of
+government is attended with an insensible descent to evil, and
+there is no reascending to good without very great efforts.</q> 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>
+<hi rend='smallcaps'>Cato.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='279'/><anchor id='Pg279'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of Cæsar, Written By Alexander Hamilton.</head>
+
+<p>
+Printed In<lb/>
+The Daily Advertiser,<lb/>
+October, 1787.
+</p>
+
+<pb n='281'/><anchor id='Pg281'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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 <hi rend='italic'>Cato</hi>, 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 <hi rend='italic'>Cæsar</hi> and his beginning
+again anew in <hi rend='italic'>The Federalist</hi>; 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>
+
+<pb n='283'/><anchor id='Pg283'/>
+
+<div rend='page-break-before: always'>
+<head>Cæsar, I.</head>
+
+<p>
+The Daily Advertiser,
+(Number 812)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, October 1, 1787.</hi>
+</p>
+
+<p>
+The citizens of the State of New York have received yesterday,
+from <hi rend='italic'>Cato</hi> (an ally of <hi rend='italic'>Pompey</hi>, 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, <q>as will promote
+our welfare and be justified by reason and truth.</q> 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 <emph>questionable shape</emph>, they should
+have passed unheeded.
+</p>
+
+<p>
+Cato tells us that he will not <emph>directly engage as an advocate</emph> for
+this new form of government, or as an <emph>opponent</emph>. Here Cato,
+without any dispute, acts prudently. It will be wise in him to
+rest awhile; since he has given a <emph>preface</emph>, 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 <emph>start fair</emph>. A little
+caution, however, he thinks necessary to be given the meantime.
+<q>Do not,</q> says this prudent censor, in addressing the citizens,
+<q>because you will admit that <emph>something</emph> must be done, adopt
+<emph>anything</emph>.</q> 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
+<pb n='284'/><anchor id='Pg284'/>
+against the new constitution; and, in effect, by a periphrastic
+mode of speech, recommending the rejection of it? <q><emph>Teach</emph> the
+members of the Convention (Cato <emph>very modestly</emph> 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 <emph>or give you another</emph>.</q> O excellent
+thought, and happily advised! Be clamorous, my friends&mdash;be
+discontented&mdash;assert your prerogative&mdash;forever assert the
+power and <emph>majesty of the people</emph>. I am not willing to suspect
+any man's intentions, when they aim at giving information; but
+when they come abroad, couched in such <emph>magisterial</emph> 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 <emph>now a time</emph> 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 <emph>excellent whole</emph>, because, perhaps some of its parts
+<emph>might have been</emph> more perfect? There is neither virtue or patriotism
+in such conduct. Besides, how can Cato say, <q>that the
+door is now open to receive any amendments, or give us <emph>another
+constitution</emph>, if required?</q> I believe he has advanced this without
+proper authority. I am inclined to believe that the <emph>door of recommendation
+is shut and cannot be opened by the same men</emph>; that
+the Convention, in one word, is dissolved; if so we must reject <hi rend='smallcaps'>in
+toto</hi>, or <hi rend='italic'>vice versa</hi>; 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
+<pb n='285'/><anchor id='Pg285'/>
+sagaciously observes, that the <emph>best and wisest man may err</emph>; and
+thence asserts, that every man in <emph>politics</emph>, 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
+<emph>clear heads</emph> and <emph>good hearts</emph>, to join his fellow-citizens, and
+endeavor to reconcile this <emph>excellent constitution</emph> to the
+<emph>weak</emph>, the <emph>suspicious</emph>,
+and the <emph>interested</emph>, 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 <emph>this state</emph>, 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 <emph>an army</emph>.
+</p>
+
+<p>
+Cato, it appears, intends to adventure on perilous grounds; it
+will therefore become him to be cautious on what terms he takes
+the field. <q>He advises us to attach ourselves to measures, and
+not to men.</q> In this instance he advises well; and I heartily
+recommend it to <emph>himself</emph>, and not to forget the force of that important
+admonition; for Cato, in his future marches, will very
+probably be <emph>followed</emph> by
+</p>
+
+<p>
+<hi rend='smallcaps'>Cæsar</hi>.
+</p>
+
+<p>
+Friday.
+</p>
+
+</div>
+
+<pb n='286'/><anchor id='Pg286'/>
+
+<div rend='page-break-before: always'>
+<head>Cæsar, II.</head>
+
+<p>
+The Daily Advertiser,
+(Number 826)
+</p>
+
+<p>
+<hi rend='smallcaps'>Wednesday, October 17, 1787.</hi>
+</p>
+
+<p>
+For the Daily Advertiser.
+</p>
+
+<quote rend='display'>
+<q>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.</q>
+</quote>
+
+<p>
+<hi rend='smallcaps'>Mr. Childs</hi>:
+</p>
+
+<p>
+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 <emph>avowed
+Citizens</emph>, could have no good tendency at <emph>this time</emph>. 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
+<emph>change</emph>. I conceived, therefore, that the wish of every good man
+would be, that <emph>this change might be peaceably effected</emph>. With this
+view I opposed myself to Cato. I asserted, in my last, <emph>that the
+<pb n='287'/><anchor id='Pg287'/>
+door of recommendation was shut, and cannot be opened by the
+same men&mdash;that the Convention was dissolved.</emph> 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 <emph>again meet</emph>, weigh
+their respective merits, and accommodate accordingly&mdash;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 <emph>this subject</emph>, 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 <emph>open such a door</emph>, 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 <emph>absolute Sovereignty</emph>. 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 <emph>all power is seated in the people</emph>. For
+my part, I am not much attached to the <emph>majesty of the multitude</emph>,
+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 <emph>form</emph> of a government; whether it is constituted on
+such principles as will restrain arbitrary power, on the one hand,
+<pb n='288'/><anchor id='Pg288'/>
+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 <hi rend='italic'>God</hi>, 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, <emph>who are judges of it</emph>? 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&mdash;that is, their <emph>inherent rights</emph>. 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
+<pb n='289'/><anchor id='Pg289'/>
+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
+<emph>one</emph>, 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 <emph>that</emph> 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 <emph>such a change</emph>? If you
+have&mdash;go&mdash;retire
+into silent obscurity, and kiss the rod that scourges you.
+</p>
+
+<p>
+To be serious: These state empirics leave no species of deceit
+untried to convince the unthinking people that they have power
+to do&mdash;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 <emph>power</emph>, 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 <emph>their</emph> good, if an advantageous compromise
+can be effected for <emph>themselves</emph>.
+</p>
+
+<p>
+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
+<pb n='290'/><anchor id='Pg290'/>
+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 <emph>usurpation</emph>, (Cato, this expression is very
+indecent&mdash;but I will rouse no passions against you) this consolidated
+system Congress did not approve and <emph>therefore</emph> have been
+<emph>silent</emph> 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&mdash;as matters
+stand just now. I think it may be fairly said, that no <emph>generous
+plan of government</emph> for the <emph>United States</emph> 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 <emph>generous
+plan of power delivered down by their renowned forefathers</emph>. 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>
+Cato complains of my anticipating parts of his subject which he
+intended for future periods. I shall break in no more upon his
+<emph>arrangements</emph>. All he can say against the New Constitution has
+been already disseminated in a neighboring State by the glorious
+defenders of <hi rend='italic'>Shayism</hi>. I shall therefore leave Cato to the wicked
+influences of his own heart, in the fullest persuasion that all good
+<pb n='291'/><anchor id='Pg291'/>
+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 <emph>that day</emph> 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 <emph>power</emph> and ascertaining the <emph>decline</emph> of the ancient
+nations in Christendom.
+</p>
+
+<p>
+<hi rend='smallcaps'>Cæsar.</hi>
+</p>
+
+<p>
+October 15.
+</p>
+
+</div>
+
+</div>
+
+<pb n='293'/><anchor id='Pg293'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of Sydney. Written By Robert Yates.</head>
+
+<p>
+Printed In<lb/>
+The New York Journal,<lb/>
+June, 1788.
+</p>
+
+<pb n='295'/><anchor id='Pg295'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+<hi rend='italic'>Sydney</hi> 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 <hi rend='italic'>Brutus</hi>, written to influence the people,
+but the elections had taken place before the appearance of <hi rend='italic'>Sydney</hi>,
+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>
+
+<pb n='297'/><anchor id='Pg297'/>
+
+<div rend='page-break-before: always'>
+<head>Sydney, I.</head>
+
+<p>
+The New York Journal,
+(Number 2320)
+</p>
+
+<p>
+Friday, June 13, 1788.
+</p>
+
+<p>
+For the Daily Patriotic Register.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of the State of New York.</hi>
+</p>
+
+<p>
+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>
+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 <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.</q>
+</p>
+
+<p>
+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
+<pb n='298'/><anchor id='Pg298'/>
+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 <q>to promote the general
+welfare and secure the blessings of liberty to ourselves and our
+posterity,</q> 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 <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.</q>
+</p>
+
+<p>
+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: <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
+<pb n='299'/><anchor id='Pg299'/>
+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.</q>
+</p>
+
+<p>
+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&mdash;no substitute devised&mdash;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
+<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;</q> 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 <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,</q> and as such, the constitution to be formed would operate
+as a bill of rights.
+</p>
+
+<p>
+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
+<pb n='300'/><anchor id='Pg300'/>
+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>
+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>
+The 1st and 37th paragraphs of the constitution of the state
+of New York.
+</p>
+
+<p>
+The 1st <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.</q>
+</p>
+
+<p>
+The 37th, <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.</q>
+</p>
+
+<p>
+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
+<pb n='301'/><anchor id='Pg301'/>
+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>
+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>
+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 <q>to the sole and
+express purpose of revising and amending the confederation.</q>
+</p>
+
+<p>
+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>
+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 <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.</q> It therefore
+was a violation of the confederation and of the rights of the
+state for the congressional commissioners of Indian affairs to
+<pb n='302'/><anchor id='Pg302'/>
+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 <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.</q> 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 <q>to regulate commerce with foreign nations, and among
+the several states, and with the Indian tribes,</q> when they are
+armed with legislative, executive and judicial powers, and their
+laws the supreme laws of the land&mdash;and when the states are prohibited,
+without the consent of Congress, to lay any <q>imposts or
+duties on imports,</q> and if they do they shall be for the use of the
+<pb n='303'/><anchor id='Pg303'/>
+treasury of the United States&mdash;and all such laws subject to the
+revision and controul of Congress.
+</p>
+
+<p>
+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>
+<hi rend='smallcaps'>ii, iii, ix, xii, and xxxi.</hi>
+</p>
+
+<p>
+The second paragraph provides <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.</q>
+</p>
+
+<p>
+The ninth provides <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.</q>
+</p>
+
+<p>
+The twelfth paragraph provides <q>that the senate shall, in like
+manner, be judges of their own members,</q> etc.
+</p>
+
+<p>
+The 31st describes even the stile of laws&mdash;that the stile of all
+laws shall be as follows: <q>Be it enacted by the people of the
+state of New York represented in senate and assembly,</q> 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>
+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 <q>the governor, the chancellor
+and judges of the supreme court, shall revise all bills about to be
+passed into laws, by the legislature.</q>
+</p>
+
+<pb n='304'/><anchor id='Pg304'/>
+
+<p>
+The powers vested in the legislature of this state by these paragraphs
+will be weakened, for the proposed new government declares
+that <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,</q> and it further prescribes, that
+<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.</q>
+</p>
+
+<p>
+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 <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,</q> and also <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.</q>
+</p>
+
+<p>
+Art. 1st, sect. 7, provides a qualified negative, that is, that
+<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.</q>
+</p>
+
+<p>
+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 <q>guarantee of a republican form of
+government to every state in the union</q> be of any avail, or secure
+the establishment and retention of state rights?
+</p>
+
+<pb n='305'/><anchor id='Pg305'/>
+
+<p>
+If this guarantee had remained, as it was first reported by the
+committee of the whole house, to wit, ... <q>that a republican constitution,
+and its existing laws, ought to be guaranteed to each
+state by the United States,</q> it would have been substantial; but
+the changing the word <emph>constitution</emph> into the word <emph>form</emph> bears no
+favorable appearance.
+</p>
+
+<p>
+<hi rend='smallcaps'>iv, v, xii, xvi.</hi>
+</p>
+
+<p>
+The fourth provides, <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.</q> 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&mdash;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 <q>the times, places and manner of holding
+elections for senators and representatives shall be prescribed in
+each state by the legislature thereof,</q> yet, as it provides that
+<q>Congress may at any time by law, make or alter those regulations,
+except as to places of chusing senators</q>&mdash;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>
+<hi rend='smallcaps'>from the vith to the xiith.</hi>
+</p>
+
+<p>
+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>
+
+<pb n='306'/><anchor id='Pg306'/>
+
+<p>
+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>
+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>
+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&mdash;republicans and aristocrats. Those
+who were in the employments of government, or the <emph>ins</emph>, were for
+extending the prerogative of the crown, while the <emph>outs</emph> 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 <emph>ins</emph> 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 <emph>outs</emph> 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>
+<hi rend='smallcaps'>Sydney.</hi>
+</p>
+
+</div>
+
+<pb n='307'/><anchor id='Pg307'/>
+
+<div rend='page-break-before: always'>
+<head>Sydney, II.</head>
+
+<p>
+The New York Journal,
+(Number 2321)
+</p>
+
+<p>
+<hi rend='smallcaps'>Saturday, June 14, 1788.</hi>
+</p>
+
+<p>
+For the Daily Patriotic Register.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of the State of New York.</hi>
+</p>
+
+<p>
+(Concluded from yesterday's paper.)
+</p>
+
+<p>
+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>
+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.
+<pb n='308'/><anchor id='Pg308'/>
+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>
+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>
+<hi rend='smallcaps'>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.</hi>
+</p>
+
+<p>
+By the 13th paragraph <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.</q>
+</p>
+
+<p>
+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>
+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>
+There can be no doubt that if the new government be adopted
+<pb n='309'/><anchor id='Pg309'/>
+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 <q>to every state in the union a republican form of government;</q>
+we may be allowed the form and not the substance, and
+that it was so intended will appear from the changing the word
+<emph>constitution</emph> to the word <emph>form</emph>
+and the omission of the words, <emph>and
+its existing laws</emph>. 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,
+<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.</q>
+</p>
+
+<p>
+By the 9th clause of the same section, <q>To constitute tribunals
+inferior to the court.</q>
+</p>
+
+<p>
+By the 18th clause, <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.</q>
+</p>
+
+<p>
+The 3d art., 1st sec., <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.</q>
+</p>
+
+<p>
+By sec. 2nd, <q>The judicial power shall extend to all cases in
+law and equity.</q> 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>
+By the 3d art., 3d sec., <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.</q> By 1st art., 9th sec., 3d clause, <q>No bill of attainder
+or ex post facto law shall be passed.</q>
+</p>
+
+<p>
+<hi rend='smallcaps'>xvii, xviii, xix, xx, xxi, xxiii, xl.</hi>
+</p>
+
+<p>
+The 17th orders <q>That the supreme executive power and authority
+<pb n='310'/><anchor id='Pg310'/>
+of this State shall be vested in a governor.</q> 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>
+By the 19th paragraph he is to see that the laws and resolutions
+of the legislature be faithfully executed.
+</p>
+
+<p>
+By the 27th he is president of the council of appointment, and
+has a casting vote and the commissioning of all officers.
+</p>
+
+<p>
+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>
+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>
+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>
+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>
+And by the 2nd art., 2d sec., <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.</q>
+</p>
+
+<p>
+And by the 6th art., <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.</q> Can this oath be taken
+by those who have already taken one under the constitution of
+this state?
+</p>
+
+<pb n='311'/><anchor id='Pg311'/>
+
+<p>
+<hi rend='smallcaps'>xviii, sec. 17; xix, sec. 17; xx sec. 17; xxi, sec. 17; xxiii, sec.
+17; xxii to xxx inclusive.</hi>
+</p>
+
+<p>
+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>
+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>
+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>
+Twenty-five and 28, which offices are incompatible, and the
+tenure and duration of such officers.
+</p>
+
+<p>
+Twenty-six, that sheriffs and coroners be annually appointed,
+and shall not continue more than four years.
+</p>
+
+<p>
+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>
+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>
+Thirty, directs the mode how the delegates to represent this
+state in the general Congress of the United States shall be elected.
+</p>
+
+<p>
+I apprehend that the paragraphs aforesaid will be compleatly
+rendered unoperative by the following articles in the new constitution:
+</p>
+
+<p>
+Second article, second section, second clause, the president
+<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.</q>
+By the 1st art., 8 section, 9, 18 clauses, Congress
+have power <q>to constitute tribunals inferior to the supreme court,
+<pb n='312'/><anchor id='Pg312'/>
+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.</q>
+</p>
+
+<p>
+By the third article, 2d section, there is an extensive federal
+power as above-mentioned.
+</p>
+
+<p>
+By the 2d article, 2d section, the president <q>shall take care
+that the laws be faithfully executed, and shall commission all the
+officers of the United States.</q>
+</p>
+
+<p>
+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>
+<hi rend='smallcaps'>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.</hi>
+</p>
+
+<p>
+The 32d paragraph orders, <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.</q>
+</p>
+
+<p>
+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>
+The 34th allows the parties impeached or indicted for crimes
+and misdemeanors to have counsel.
+</p>
+
+<p>
+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>
+By 3d art., 2d sec, 3d clause, the trial of all crimes is regulated.
+</p>
+
+<p>
+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>
+
+<pb n='313'/><anchor id='Pg313'/>
+
+<p>
+<hi rend='smallcaps'>xxxiii, sec. 32; xxxiv, sec. 32; xxxv, sec. 13; xxxvii,
+sec. 1; xxxviii, xxxix.</hi>
+</p>
+
+<p>
+The 38th paragraph provides <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.</q>
+</p>
+
+<p>
+The 39th provides that <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.</q>
+</p>
+
+<p>
+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>
+<hi rend='smallcaps'>xlii.</hi>
+</p>
+
+<p>
+This paragraph provides <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.</q>
+</p>
+
+<p>
+The 1st art., 8 sec., 4th clause, give to the new government
+power to establish a uniform rule of naturalization.
+</p>
+
+<p>
+And by the 4th art., 2d sec., <q>the citizens of each state shall
+be entitled to all the privileges and immunities of citizens in the
+several states,</q> whereby the clause is rendered entirely nugatory.
+</p>
+
+<p>
+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
+<pb n='314'/><anchor id='Pg314'/>
+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 <q>to provide
+for the general welfare of the United States,</q> 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>
+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>
+<hi rend='smallcaps'>Sydney.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='315'/><anchor id='Pg315'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Cursory Remarks By Hugh Henry Brackenridge.</head>
+
+<p>
+Printed In<lb/>
+The American Museum,<lb/>
+April, 1788.
+</p>
+
+<pb n='317'/><anchor id='Pg317'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+This article first appeared in <hi rend='italic'>The Pittsburgh Gazette</hi>, but as I
+have not been able to find a file of that paper, I have been compelled
+to reprint it from <hi rend='italic'>The American Museum</hi>. It was anonymous,
+but its authorship is settled by its republication in Brackenridge's
+<q><hi rend='italic'>Gazette Publications</hi>,</q> printed in book form in 1806.
+</p>
+
+</div>
+
+<pb n='319'/><anchor id='Pg319'/>
+
+<div rend='page-break-before: always'>
+<head>Cursory Remarks.</head>
+
+<p>
+The American Museum,
+(Number 4)
+</p>
+
+<p>
+<hi rend='smallcaps'>April, 1788.</hi>
+</p>
+
+<p>
+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>
+The first thing that strikes a diligent observer, is the want of
+precaution with regard to the <emph>sex</emph> 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 <emph>old woman</emph> at
+the head of our affairs? But what security have we that he shall
+be a <emph>white man</emph>? What would be the national disgrace if he
+should be elected from one of the southern states, and a <emph>vile negro</emph>
+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 <emph>freeman</emph>?
+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 <emph>perfect
+parts</emph>? Shall we, in affairs of a civil nature, leave a door open to
+lame men, bastards, eunuchs, and the devil knows what?
+</p>
+
+<p>
+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
+<pb n='320'/><anchor id='Pg320'/>
+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>
+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>
+But what avails it to dwell on these things? The want of a
+<emph>bill of rights</emph> is the great evil. There was no occasion for a bill
+of <emph>wrongs</emph>; for there will be wrongs enough. But oh! a <emph>bill of
+rights</emph>! What is the nature of a bill of rights? <q>It is a schedule
+or inventory of those powers which Congress do not possess.</q>
+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&mdash;
+</p>
+
+<p>
+1. The <emph>rights of conscience</emph> 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>
+2. The <emph>liberty of the press</emph>&mdash;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>
+3. The <emph>trial by jury</emph>&mdash;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>
+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
+<pb n='321'/><anchor id='Pg321'/>
+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<note place='foot'>John Smilie,
+a prominent Anti-Federalist.&mdash;<hi rend='italic'>Ed.</hi></note> in state affairs?
+</p>
+
+<p>
+Were it not on this principle that we are able to account for it,
+it might be thought strange that old Livingston,<note place='foot'>William
+Livingston.&mdash;<hi rend='italic'>Ed.</hi></note> of the Jersies,
+could be so hoodwinked as to give his sanction to such a diabolical
+scheme of tyranny amongst men&mdash;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>
+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>
+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>
+I shall content myself at present with these strictures, but shall
+continue them from time to time as occasion may require.
+</p>
+
+</div>
+
+</div>
+
+<pb n='323'/><anchor id='Pg323'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Letter Of Caution, Written By Samuel Chase.</head>
+
+<p>
+Printed In<lb/>
+THE MARYLAND JOURNAL,<lb/>
+October, 1788.
+</p>
+
+<pb n='325'/><anchor id='Pg325'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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 <hi rend='italic'>post</hi>.
+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>
+
+<quote rend='display'>
+<p>
+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.
+</p>
+
+<p>
+(Published by request of many electors of Baltimore Town.)
+</p>
+
+<p>
+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.
+</p>
+
+<p>
+<hi rend='italic'>September 26, 1787.</hi>
+</p>
+
+<p>
+Having been informed that my engagements of yesterday, to
+the meeting at the Court House, <q>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,</q> 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
+<pb n='326'/><anchor id='Pg326'/>
+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.
+</p>
+
+<p>
+<hi rend='smallcaps'>Samuel Chase.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Baltimore, September 27, 1787.</hi>
+</p>
+</quote>
+
+<p>
+There are attacks on Chase, by <q>Steady</q> in the <hi rend='italic'>Maryland
+Journal</hi> of September 28, 1787, and by <q>Spectator,</q> in
+the <hi rend='italic'>Maryland
+Journal</hi> of October 9, 1787.
+</p>
+
+</div>
+
+<pb n='327'/><anchor id='Pg327'/>
+
+<div rend='page-break-before: always'>
+<head>Caution.</head>
+
+<p>
+The Maryland Journal,
+(Number 976)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, October 12, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Inhabitants of Baltimore Town</hi>,
+</p>
+
+<p>
+An attempt to <emph>surprise</emph> you into any <emph>public</emph> 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 <emph>hastily</emph> 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, <emph>without any amendment or alteration</emph>.
+</p>
+
+<p>
+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
+<pb n='328'/><anchor id='Pg328'/>
+of the petition is to draw you into a declaration in favour
+of the <emph>whole</emph> 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 <emph>real</emph> intention of the
+promoters and carriers of this petition was <emph>only</emph> to obtain your
+opinion in favour of calling a Convention, it might have been expressed
+in a <emph>few</emph> 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>
+In my opinion, it is not necessary or proper for you, <emph>at this
+time</emph>, to express your approbation, or disapprobation, of the new
+constitution for the United States, for the following reasons:
+</p>
+
+<p>
+First&mdash;because the decision, <emph>for</emph> or <emph>against</emph>
+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&mdash;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&mdash;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&mdash;because you ought to hear <emph>both</emph> 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 <emph>chance</emph> and not by <emph>reason</emph>. Fifthly&mdash;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&mdash;when men urge
+you to determine in <emph>haste</emph>, on so momentous a subject, it is not
+<emph>unreasonable</emph> to require their motives; and it is not
+<emph>uncharitable</emph>
+to suspect that they are improper; and no possible mischief or
+inconvenience can happen from delay.
+</p>
+
+<p>
+<hi rend='italic'>October 11, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>Caution.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='329'/><anchor id='Pg329'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Letter Of A Friend To The Constitution, Written By Daniel Carroll.</head>
+
+<p>
+Printed In<lb/>
+The Maryland Journal,<lb/>
+October, 1787.
+</p>
+
+<pb n='331'/><anchor id='Pg331'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+Daniel Carroll wrote Madison that he had replied to Chase's
+<q>Caution,</q> 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>
+
+<pb n='333'/><anchor id='Pg333'/>
+
+<div rend='page-break-before: always'>
+<head>A Friend To The Constitution.</head>
+
+<p>
+The Maryland Journal,
+(Number 977)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, October 16, 1787.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Inhabitants of Baltimore Town.</hi>
+</p>
+
+<p>
+You have been addressed in the last Friday's paper, by a
+writer under the signature of <hi rend='italic'>Caution</hi>, who would persuade you
+that you ought to withhold your approbation, at this time, from
+the Federal Constitution recommended by the Convention.
+</p>
+
+<p>
+This writer may have the best intentions in the world towards
+the <emph>public welfare</emph>, and the <emph>prosperity of Baltimore</emph>; 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 <emph>at this time</emph>, but at any <emph>future time</emph>.
+</p>
+
+<p>
+Mr. C&mdash;&mdash; 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 <emph>recent promise</emph> 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>
+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,
+<emph>for their assent and ratification</emph>.
+</p>
+
+<p>
+Mr. C&mdash;&mdash; being called upon, before his election, to declare
+himself on this point, promises to the people, <q>that he will use
+his endeavours, if elected, to call a Convention.</q>
+</p>
+
+<p>
+I would just observe on this resolve and promise: First&mdash;that
+<pb n='334'/><anchor id='Pg334'/>
+the resolve makes it an <emph>absolute condition</emph> that the legislature
+recommend a Convention <emph>to assent to, and ratify, the Constitution</emph>.
+Secondly&mdash;that the <emph>promise</emph> made by Mr. C&mdash;&mdash; is obligatory
+upon him, to use his endeavors to procure a Convention <emph>for this
+purpose</emph>.
+</p>
+
+<p>
+Another remark, which occurs on this occasion, is, that Mr.
+C&mdash;&mdash; could not mean that a Convention ought to be called <emph>for
+any other purpose</emph> 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 <emph>contrary</emph> 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&mdash;&mdash;, therefore (without
+presuming him capable of doing the greatest violence to his
+promise), cannot be considered as the <emph>author of Caution</emph>, who
+argues strenuously, though indirectly, <emph>against adopting the Constitution</emph>.
+</p>
+
+<p>
+From this brief view of the nature and intention of the resolve,
+I think it is evident that the people ought, <emph>without delay</emph>, to signify
+their approbation of the Constitution by <emph>a petition to the
+legislature</emph>, 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 <emph>authority of the largest
+and most promising commercial and manufacturing Town in the
+State</emph> to countenance so <emph>important a recommendation</emph>.
+But <hi rend='italic'>Caution</hi>
+thinks a petition <emph>improper</emph> and <emph>unnecessary</emph>; because, says he,
+<q>your Delegates will move for, and exert themselves to procure,
+the calling a Convention.</q> Admitting your Delegates to move
+to have a Convention called, does it follow that they will add to
+their motion these <emph>essential words, to confirm and ratify the Constitution</emph>?
+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 <emph>propriety</emph> and <emph>necessity</emph> of a
+petition does not depend on what your Delegates may, or may not do.
+It is <emph>proper</emph> at this time, because the Constitution meets your approbation.
+It is <emph>necessary</emph> at this time, because wanted as an inducement
+to the legislature to call upon the people to appoint a
+<pb n='335'/><anchor id='Pg335'/>
+Convention to carry into effect the object of the resolution. In
+other words, as the recommendation for a Convention <emph>involves
+the legislature in a complete approbation of the Constitution</emph>, there
+is the greatest <emph>propriety</emph> and <emph>necessity</emph>
+for your telling the legislature
+<emph>that it meets your approbation</emph>.
+</p>
+
+<p>
+I am sorry to find, by <hi rend='italic'>Caution's</hi> 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 <emph>so peculiarly interested in its speedy
+adoption</emph>. 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>
+<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
+<emph>public good</emph>; and I do not mean to make any personal reflection,
+when I add, that it is <emph>the interest of a very numerous, powerful and
+respectable body to counteract and destroy the excellent work produced
+by the late Convention</emph>. 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. <emph>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.</emph> I will confess, indeed, that I am not a
+blind admirer of this plan of government, and <emph>that there are some
+parts of it</emph>, 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
+<pb n='336'/><anchor id='Pg336'/>
+am satisfied that anything <emph>nearer to perfection</emph> could not have been
+accomplished. If there are errors, <emph>it should be remembered</emph>, 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
+<emph>alterations and amendments</emph>. Regarding it, then, in every point
+of view, with a candid and disinterested mind, I am bold to assert,
+that is the <emph>best form of government which has ever been offered to
+the world</emph>.</q>
+</p>
+
+<p>
+<hi rend='smallcaps'>A Friend to the Constitution.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Baltimore, October 13, 1787.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='337'/><anchor id='Pg337'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>The Letters Of Luther Martin.</head>
+
+<p>
+Printed In<lb/>
+The Maryland Journal,<lb/>
+January-March, 1788.
+</p>
+
+<pb n='339'/><anchor id='Pg339'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+Luther Martin, afterwards nick-named the <q>bull-dog of federalism,</q>
+was at this time the leading Anti-federalist in Maryland.
+From his pen came the pamphlet entitled <hi rend='italic'>Genuine Information
+... Relative to the Proceedings of the General Convention</hi>; and
+when the <q>Landholder,</q> (see <hi rend='italic'>Ante</hi>, 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>
+In the <hi rend='italic'>New York Journal</hi> 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>
+
+<pb n='341'/><anchor id='Pg341'/>
+
+<div rend='page-break-before: always'>
+<head>Luther Martin, I.</head>
+
+<p>
+The Maryland Journal,
+(Number 1004)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, January 18, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>Mr. William Goddard</hi>:
+</p>
+
+<p>
+<hi rend='italic'>Sir</hi>,
+</p>
+
+<p>
+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
+<pb n='342'/><anchor id='Pg342'/>
+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, <q>that it was a monster of such horrid
+mien, as to be hated need but to be seen.</q> 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,
+<pb n='343'/><anchor id='Pg343'/>
+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>
+I am, sir, your very obedient servant,
+</p>
+
+<p>
+<hi rend='smallcaps'>Luther Martin</hi>.
+</p>
+
+<p>
+<hi rend='italic'>Baltimore, January 13, 1788.</hi>
+</p>
+
+</div>
+
+<pb n='344'/><anchor id='Pg344'/>
+
+<div rend='page-break-before: always'>
+<head>Luther Martin, II.</head>
+
+<p>
+The Maryland Journal,
+(Number 1018)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, March 7, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>Mr. Goddard</hi>:
+</p>
+
+<p>
+<hi rend='italic'>Sir</hi>,
+</p>
+
+<p>
+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,<note place='foot'>See <hi rend='italic'>Ante</hi>,
+pages <ref target='Pg182'>182</ref> and
+<ref target='Pg189'>189</ref>.&mdash;<hi rend='italic'>Ed.</hi></note>
+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
+<pb n='345'/><anchor id='Pg345'/>
+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&mdash;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 <q>stated</q> all the <q>information</q> on this
+subject that was necessary or material, and that I left no defect
+for the Landholder to supply. I there mentioned that <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.</q>
+I did not state the precise day of June when I took my seat&mdash;it
+was the ninth, not the tenth&mdash;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
+<pb n='346'/><anchor id='Pg346'/>
+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 <q>necessary information.</q> 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
+<pb n='347'/><anchor id='Pg347'/>
+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 <q>minutely informed</q> 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:
+<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,</q>
+&amp;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
+<pb n='348'/><anchor id='Pg348'/>
+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&mdash;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&mdash;for
+he has expressly stated that this motion and the rejection it
+received was the cause, and the sole cause, of his apostacy; that
+<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;</q> 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&mdash;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 <q>committee,</q> 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
+<pb n='349'/><anchor id='Pg349'/>
+there was no committee while I was there, of whose proceedings
+I was not at least <q>so minutely informed,</q> 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 <q>by the Convention.</q> 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
+<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.</q> 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 <q>face to face with his colleagues in the Convention
+of Massachusetts,</q> why did he not, unless he wished to mislead
+the public, also inform us for what purpose he was there?
+</p>
+
+<pb n='350'/><anchor id='Pg350'/>
+
+<p>
+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
+<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;</q> 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 <q>if charges against
+Mr. Gerry are not true why do not his colleagues contradict
+them?</q> and <q>why is it that we do not see Mr. McHenry's verification
+of your assertions?</q> If these Gentlemen were to do Mr.
+Gerry that justice, he might as well inquire <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.</q> When the Landholder in
+his eighth number addressed himself to Mr. Gerry he introduces
+his charges by saying <q>you doubtless will recollect the following
+state of facts; if you do not every member of the Convention will
+attest them.</q> 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 <q>attest</q> his statement of facts. Many reasons
+<pb n='351'/><anchor id='Pg351'/>
+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,<note place='foot'>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 <hi rend='italic'>Genuine Information</hi> was
+prepared.&mdash;<hi rend='italic'>Ed.</hi></note>
+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
+<pb n='352'/><anchor id='Pg352'/>
+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>
+I am, sir, your very humble servant,
+</p>
+
+<p>
+<hi rend='smallcaps'>Luther Martin</hi>.
+</p>
+
+<p>
+<hi rend='italic'>Baltimore, March 3, 1788.</hi>
+</p>
+
+</div>
+
+<pb n='353'/><anchor id='Pg353'/>
+
+<div rend='page-break-before: always'>
+<head>Luther Martin, III.</head>
+
+<p>
+The Maryland Journal,
+(Number 1021)
+</p>
+
+<p>
+<hi rend='smallcaps'>Tuesday, March 18, 1788.</hi>
+</p>
+
+<p>
+Number I.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of Maryland.</hi>
+</p>
+
+<p>
+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
+<pb n='354'/><anchor id='Pg354'/>
+when I had the honour of being called before the House of Delegates.
+No <q>extreme modesty</q> on my part was requisite to induce
+me to conceal the <q>sacrifice of resentments</q> 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 <q>doubtless
+must remember Mr. Gerry and myself never voted alike,
+except in the instances</q> he has mentioned. As little foundation
+is there in his assertion, that I <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.</q> 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.
+<pb n='355'/><anchor id='Pg355'/>
+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 <q>private meetings</q> 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 <q>placed
+beyond the reach of ordinary panegyrick,</q> and to that <q>magnanimity</q>
+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 <q>draws aside the veil,</q> 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
+<pb n='356'/><anchor id='Pg356'/>
+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 <q>endless garrulity,</q> 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 <q>opened in a speech which held during two days.</q>
+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
+<pb n='357'/><anchor id='Pg357'/>
+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 <q>alone advocated the political heresy, that the people ought
+not to be trusted with the election of representatives.</q> 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 <q>political heresy,</q>
+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 <q>jargon</q> attributed to me of maintaining
+that <q>notwithstanding each state had an equal number of votes in
+the senate, yet the states were unequally represented in the senate,</q>
+the Landholder has all the merit of its absurdity; nor can
+<pb n='358'/><anchor id='Pg358'/>
+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.<note place='foot'>According to
+this idea, I endeavored to obtain as an amendment to the system the
+following clause: <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.</q> 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.</note>
+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>
+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
+<pb n='359'/><anchor id='Pg359'/>
+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 <q>I contended
+the powers and authorities of the new constitution must destroy
+the liberties of the people,</q> he for once stumbled on the truth,
+but even this he could not avoid coupling with an assertion
+utterly false. I never suggested that <q>the same powers could be
+safely entrusted to the old Congress;</q> 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>
+<hi rend='smallcaps'>Luther Martin.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Baltimore, March 14, 1788.</hi>
+</p>
+
+</div>
+
+<pb n='360'/><anchor id='Pg360'/>
+
+<div rend='page-break-before: always'>
+<head>Luther Martin, IV.</head>
+
+<p>
+The Maryland Journal,
+(Number 1022)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, March 21, 1788.</hi>
+</p>
+
+<p>
+Number II.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of Maryland.</hi>
+</p>
+
+<p>
+In the recognition which the Landholder professes to make
+<q>of what occurred to my advantage,</q> he equally deals in the arts
+of misrepresentation, as while he was <q>only the record of the
+bad,</q> 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 <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.</q> 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, <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
+<pb n='361'/><anchor id='Pg361'/>
+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.</q>
+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>
+That I <q>voted an appeal should lay to the supreme judiciary
+of the United States, for the correction of all errors both in law
+<pb n='362'/><anchor id='Pg362'/>
+and fact,</q> 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 <q>I agreed to the clause that declares nine
+states to be sufficient to put the government in motion.</q> 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
+<pb n='363'/><anchor id='Pg363'/>
+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 <q>mortifying it may be to my
+vanity,</q> to disavow all <q>those greater positive virtues</q> 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,
+<pb n='364'/><anchor id='Pg364'/>
+the repeated mortifications I experienced, the marks of fatigue
+and disgust with which my eyes were sure to be assailed wherever
+I turned them&mdash;one gaping here, another yawning there, a third
+slumbering in this place, and a fourth snoring in that&mdash;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,
+<pb n='365'/><anchor id='Pg365'/>
+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
+<pb n='366'/><anchor id='Pg366'/>
+sitting by me a proposition, which I then had in my hand,
+couched in the following words: <q>Resolved that a committee
+be appointed to prepare and report a bill of rights, to be prefixed
+to the proposed Constitution,</q> 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>
+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>
+
+<pb n='367'/><anchor id='Pg367'/>
+
+<p>
+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&mdash;no thoughts and reflections
+too great&mdash;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 <q>ignorance
+in the science of government</q> 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&mdash;but a strange hotch-potch of
+both&mdash;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
+<pb n='368'/><anchor id='Pg368'/>
+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 <q>would have honoured the Constitution
+with my signature had not indispensable business called me
+away,</q> may be easily determined after stating a few facts. The
+Landholder admits I was at first against the system&mdash;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
+<pb n='369'/><anchor id='Pg369'/>
+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>
+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.<note place='foot'>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.</note> 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&mdash;a conviction that some alteration was necessary,
+and a confidence in the members who composed the Convention&mdash;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
+<pb n='370'/><anchor id='Pg370'/>
+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 <q>high approbation,</q> 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&mdash;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&mdash;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
+<q>name enrolled with the other labourers,</q> that I wished to return
+to Philadelphia&mdash;that sacrifice which I must have made of my
+<pb n='371'/><anchor id='Pg371'/>
+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&mdash;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&mdash;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 <q>alter my opinion after I left Philadelphia,</q>
+and that I acted no <q>contradictory parts on the great
+political stage,</q> 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 <q>Deputy Attorney General of the United States for the
+State of Maryland.</q> 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>
+<hi rend='smallcaps'>Luther Martin.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Baltimore, March 19, 1788.</hi>
+</p>
+
+</div>
+
+<pb n='372'/><anchor id='Pg372'/>
+
+<div rend='page-break-before: always'>
+<head>Luther Martin, V.</head>
+
+<p>
+The Maryland Journal,
+(Number 1024)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, March 28, 1788.</hi>
+</p>
+
+<p>
+Number III.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of Maryland.</hi>
+</p>
+
+<p>
+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,<note place='foot'>A reference to
+Alexander Contee Hanson's pamphlet, written under the pseudonym
+of Aristides. It is reprinted in Ford's <hi rend='italic'>Pamphlets
+on the Constitution</hi>.&mdash;<hi rend='italic'>Ed.</hi></note>
+it is true, is an exception
+from this observation; he declares, that <q>if the whole matter was
+left to his discretion, he would not change any part of the proposed
+Constitution,</q> 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.&mdash;He has given us an
+<pb n='373'/><anchor id='Pg373'/>
+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&mdash;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
+<pb n='374'/><anchor id='Pg374'/>
+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&mdash;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&mdash;the
+members of both houses appointable to offices&mdash;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
+<pb n='375'/><anchor id='Pg375'/>
+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
+<pb n='376'/><anchor id='Pg376'/>
+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&mdash;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
+<pb n='377'/><anchor id='Pg377'/>
+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>
+<hi rend='smallcaps'>Luther Martin.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Baltimore, March 25, 1788.</hi>
+</p>
+
+</div>
+
+<pb n='378'/><anchor id='Pg378'/>
+
+<div rend='page-break-before: always'>
+<head>Luther Martin, VI.</head>
+
+<p>
+The Maryland Journal,
+(Number 1026)
+</p>
+
+<p>
+<hi rend='smallcaps'>Friday, April 4, 1788.</hi>
+</p>
+
+<p>
+Number IV.
+</p>
+
+<p>
+<hi rend='smallcaps'>To the Citizens of Maryland.</hi>
+</p>
+
+<p>
+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
+<pb n='379'/><anchor id='Pg379'/>
+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,&mdash;such as experience has shown them
+to be heretofore, and bids us expect to find them hereafter,&mdash;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;&mdash;since such
+is the nature of man, that he has a propensity to abuse authority
+and to tyrannize over the rights of his fellowmen;&mdash;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&mdash;who would lull you into security, and wish you to repose
+blind confidence in your future governors&mdash;are your most dangerous
+enemies; jealousy and distrust are the guardian angels who
+watch over liberty&mdash;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&mdash;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, <q>Thus far
+shall ye go and no farther.</q> Ascertain the limits of the may
+with ever so much precision, and let them be as extensive as you
+<pb n='380'/><anchor id='Pg380'/>
+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&mdash;such emanations of the Deity&mdash;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&mdash;that you need not be uneasy,
+but might safely acquiesce in the claim&mdash;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&mdash;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&mdash;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
+<pb n='381'/><anchor id='Pg381'/>
+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&mdash;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&mdash;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&mdash;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;&mdash;under whose government, had they been wise
+<pb n='382'/><anchor id='Pg382'/>
+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 <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.</q>
+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&mdash;it was such as they had never before seen&mdash;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&mdash;he dismissed them
+with this reproof, <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.</q> 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
+<pb n='383'/><anchor id='Pg383'/>
+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&mdash;the crane is the system now offered to your
+acceptance&mdash;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&mdash;from your being, like the nation of
+Frogs, <q>a discontented, variable race, weary of liberty and fond
+of change.</q> 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>
+<hi rend='smallcaps'>Luther Martin.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Baltimore, March 29, 1788.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='385'/><anchor id='Pg385'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Letter Of A Plain Dealer, Accredited To Spencer Roane.</head>
+
+<p>
+Printed In<lb/>
+The Virginia Independent Chronicle,<lb/>
+February, 1788.
+</p>
+
+<pb n='387'/><anchor id='Pg387'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+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 <hi rend='italic'>The Virginia Gazette</hi>
+and <hi rend='italic'>The Virginia Independent Chronicle</hi>, as well as in pamphlet
+form at the time, and recently in Ford's <hi rend='italic'>Pamphlets on the
+Constitution</hi>. 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>
+The essay of <q>A Plain Dealer</q> 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>
+
+<quote rend='display'>
+A writer calling himself Plain Dealer, who is bitter in principle
+<hi rend='italic'>vs.</hi> 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.
+</quote>
+
+</div>
+
+<pb n='389'/><anchor id='Pg389'/>
+
+<div rend='page-break-before: always'>
+<head>A Plain Dealer.</head>
+
+<p>
+The Virginia Independent Chronicle,
+(Number 82)
+</p>
+
+<p>
+<hi rend='smallcaps'>Wednesday, February 13, 1788.</hi>
+</p>
+
+<p>
+<foreign rend='italic'>Mans parturiens et ecce nascitur mus.</foreign>
+</p>
+
+<p>
+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 <emph>real</emph> 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 <q>unwillingness to disturb the harmony of the legislature</q>
+on this important subject; nor could I conceive that the sentiments
+of even the ablest man among us could <q>excite a contest
+unfavorable</q> 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, <q>by motives of delicacy
+arising from two questions depending before the General Assembly,
+one respecting the Constitution, the other respecting himself;</q>
+<pb n='390'/><anchor id='Pg390'/>
+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>
+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 <q>that if after our best efforts for amendments,
+they cannot be obtained, he will adopt the Constitution as it is.</q>
+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,<note place='foot'>Printed in
+<hi rend='italic'>Elliot</hi>, 1, 503.&mdash;<hi rend='italic'>Ed.</hi></note>
+as printed in the
+public papers, <q>that either a monarchy or an aristocracy will be
+generated from the proposed Constitution.</q> 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
+<pb n='391'/><anchor id='Pg391'/>
+is to be sacrificed in its infancy, and before it has had a
+fair trial. But his Excellency will adopt
+this Constitution, <q><hi rend='smallcaps'>because
+he would regulate himself by the spirit of America</hi>.</q>
+But is his Excellency a prophet as well as a politician&mdash;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?&mdash;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!&mdash;and yet this question of the
+Constitution, is <q><hi rend='smallcaps'>one on which the fate of thousands yet unborn
+depends</hi>.</q> 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
+<q>that the representation of the states bears no proportion to their
+importance.</q> 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&mdash;for
+under the present confederation the members of Congress
+are removable at the pleasure of their constituents;&mdash;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>
+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 <emph>in itself</emph> 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,
+<pb n='392'/><anchor id='Pg392'/>
+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&mdash;the epoch of virtue, candor and integrity&mdash;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>
+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,
+<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!</q>
+</p>
+
+<p>
+<hi rend='smallcaps'>A Plain Dealer.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='393'/><anchor id='Pg393'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Remarks On The New Plan Of Government, By Hugh Williamson.</head>
+
+<p>
+Printed In<lb/>
+The State Gazette Of North Carolina.<lb/>
+1788.
+</p>
+
+<pb n='395'/><anchor id='Pg395'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+No file of the <hi rend='italic'>State Gazette of North Carolina</hi> 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>
+
+<quote rend='display'>
+<q>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.</q>
+</quote>
+
+</div>
+
+<pb n='397'/><anchor id='Pg397'/>
+
+<div rend='page-break-before: always'>
+<head>Remarks.</head>
+
+<p>
+State Gazette Of North Carolina.
+</p>
+
+<p>
+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>
+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 <q><emph>the trial of all crimes</emph>, except
+in cases of impeachment, <emph>shall
+be by jury</emph></q> but this provision could not possibly be extended to
+all <emph>civil</emph> 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
+<pb n='398'/><anchor id='Pg398'/>
+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>
+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>
+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
+<pb n='399'/><anchor id='Pg399'/>
+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>
+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>
+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
+<pb n='400'/><anchor id='Pg400'/>
+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>
+
+<pb n='401'/><anchor id='Pg401'/>
+
+<p>
+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>
+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>
+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>
+
+<pb n='402'/><anchor id='Pg402'/>
+
+<p>
+Such have been the objections against the new constitution.
+</p>
+
+<p>
+Whilst the honest patriot who guards with jealous eye the
+liberties of his country, and apprehends danger under every form&mdash;the
+placeman in every state, who fears lest his office should pass
+into other hands&mdash;the idle, the fractious, and the dishonest, who
+live by plunder or speculation on the miseries of their country&mdash;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&mdash;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>
+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&mdash;paper money in
+others&mdash;a want of inclination in some, and a general suspicion
+throughout the union that the burden is unequally laid&mdash;added
+to the general loss of trade&mdash;have produced a general bankruptcy,
+and loss of honor. We have borrowed money of Spain&mdash;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
+<pb n='403'/><anchor id='Pg403'/>
+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&mdash;hardly one external mark&mdash;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>
+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:
+<pb n='404'/><anchor id='Pg404'/>
+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
+<pb n='405'/><anchor id='Pg405'/>
+of the new system which are of the greatest import&mdash;those which
+respect the general question of liberty and safety&mdash;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>
+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,<note place='foot'>Williamson was a member of
+the Federal Convention.&mdash;<hi rend='italic'>Ed.</hi></note>
+and I have the utmost reliance
+in their superior abilities. But if our constituents shall discover
+faults where we could not see any&mdash;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&mdash;if they perceive that they are to suffer a loss,
+where we thought they must rise from a misfortune&mdash;they will,
+at least do us the justice to charge those errors to the head, and
+not to the heart.
+</p>
+
+<p>
+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>
+If there is any man who envies the prosperity of a native citizen&mdash;who
+wishes that we should remain without native merchants
+or seamen, without shipping, without manufactures, without commerce&mdash;poor
+and contemptible, the tributaries of a sovereign
+country&mdash;this government is not for him.
+</p>
+
+<pb n='406'/><anchor id='Pg406'/>
+
+<p>
+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&mdash;incapable
+of resistance, and ready to become a prey to the first
+invader&mdash;this government is not for him.
+</p>
+
+<p>
+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&mdash;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>
+
+<pb n='407'/><anchor id='Pg407'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Letter Of A Steady And Open Republican, Written By Charles Pinckney.</head>
+
+<p>
+Printed In<lb/>
+The State Gazette Of South Carolina,<lb/>
+May, 1788.
+</p>
+
+<pb n='409'/><anchor id='Pg409'/>
+
+<div rend='page-break-before: always'>
+<head>Note.</head>
+
+<p>
+In the file of the <hi rend='italic'>State Gazette of South Carolina</hi> 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>
+
+<pb n='411'/><anchor id='Pg411'/>
+
+<div rend='page-break-before: always'>
+<head>A Republican.</head>
+
+<p>
+The State Gazette Of South
+Carolina,
+(Number 3610)
+</p>
+
+<p>
+<hi rend='smallcaps'>Monday, May 5, 1788.</hi>
+</p>
+
+<p>
+<hi rend='smallcaps'>Mrs. Timothy</hi>:
+</p>
+
+<p>
+The enclosed,<note place='foot'>Following this article was an
+essay from a New York paper.&mdash;<hi rend='italic'>Ed.</hi></note>
+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>
+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>
+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
+<pb n='412'/><anchor id='Pg412'/>
+grounds to think Great Britain wishes to separate from the rest,
+and to have reverted to her if possible.
+</p>
+
+<p>
+Mr. Martin's<note place='foot'>See page
+<ref target='Pg339'>339</ref>.&mdash;<hi rend='italic'>Ed.</hi></note>
+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 <emph>an individual</emph> of a state situated almost in the centre
+of the rest, and much safer by that means from sudden alarms.
+But the generous, manly <emph>and truly federal sentiments of Maryland</emph>
+are well known, and 'tis not doubted will be unequivocally shewn
+at her convention very shortly to be held&mdash;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>
+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, <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.</q>
+This Hint is full of that foresight and penetration the Doctor has
+always been remarkable for.
+</p>
+
+<p>
+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>
+
+<pb n='413'/><anchor id='Pg413'/>
+
+<p>
+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>
+<hi rend='smallcaps'>A steady and open Republican.</hi>
+</p>
+
+<p>
+<hi rend='italic'>Charleston, May 2d, 1788.</hi>
+</p>
+
+</div>
+
+</div>
+
+<pb n='415'/><anchor id='Pg415'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Bibliography.</head>
+
+<p>
+[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.&mdash;<hi rend='italic'>Ed.</hi>]
+</p>
+
+<p>
+Brackenridge, Hugh Henry.<lb/>
+Pittsburg Gazette.
+</p>
+
+<p>
+Bryan, Samuel. <q>Centinel.</q><lb/>
+Independent Gazetteer.
+</p>
+
+<p>
+Carroll, Daniel. <q>A Friend to the Constitution.</q><lb/>
+Maryland Journal.
+</p>
+
+<p>
+Chase, Samuel. <q>Caution.</q><lb/>
+Maryland Journal.
+</p>
+
+<p>
+Clinton, De Witt. <q>A Countryman.</q><lb/>
+New York Journal.
+</p>
+
+<p>
+Clinton, George. <q>Cato.</q><lb/>
+New York Journal.
+</p>
+
+<p>
+Coxe, Tench. <q>A Freeman.</q><lb/>
+Pennsylvania Gazette.
+</p>
+
+<p>
+Coxe, Tench. <q>An American.</q><lb/>
+Independent Gazetteer.
+</p>
+
+<p>
+Coxe, Tench. <q>A Pennsylvanian.</q><lb/>
+Pennsylvania Gazette.
+</p>
+
+<p>
+Duer, William. <q>Philo-Publius.</q><lb/>
+Daily Advertiser.
+</p>
+
+<p>
+Davie, William Richardson. <q>Publicola.</q><lb/>
+North Carolina State Gazette.
+</p>
+
+<p>
+Dickinson, John. <q>Fabius.</q><lb/>
+Humphrey's Mercury.
+</p>
+
+<p>
+Ellsworth, Oliver. <q>A Landholder.</q><lb/>
+Connecticut Courant.
+</p>
+
+<p>
+Findley, William. <q>An Officer of the Continental Army.</q><lb/>
+Independent Gazetteer.
+</p>
+
+<pb n='416'/><anchor id='Pg416'/>
+
+<p>
+Gerry, Elbridge.<lb/>
+Massachusetts Centinel.
+</p>
+
+<p>
+Gerry, Elbridge.<lb/>
+American Herald.
+</p>
+
+<p>
+Hamilton, Alexander. <q>Publius.</q><lb/>
+Various papers.
+</p>
+
+<p>
+Hamilton, Alexander. <q>Cæsar.</q><lb/>
+Daily Advertiser.
+</p>
+
+<p>
+Hanson, Alexander Contee. <q>Aristides.</q><lb/>
+Maryland Journal.
+</p>
+
+<p>
+Hopkinson, Francis. <q>A. B.</q><lb/>
+Independent Gazetteer.
+</p>
+
+<p>
+Iredell, James. <q>Marcus.</q><lb/>
+North Carolina State Gazette.
+</p>
+
+<p>
+Jay, John. <q>Publius.</q><lb/>
+Various papers.
+</p>
+
+<p>
+Lamb, John. <q>Conciliator.</q><lb/>
+New York Journal.
+</p>
+
+<p>
+McKnight, Dr. Charles. <q>The Examiner.</q><lb/>
+Daily Advertiser.
+</p>
+
+<p>
+Martin, Luther.<lb/>
+Maryland Journal.
+</p>
+
+<p>
+Madison, James. <q>Publius.</q><lb/>
+Various papers.
+</p>
+
+<p>
+Nicholas, John. <q>Decius.</q><lb/>
+Virginia Independent Chronicle.
+</p>
+
+<p>
+Pinckney, Charles. <q>A Steady and Open Republican.</q><lb/>
+State Gazette of South Carolina.
+</p>
+
+<p>
+Randolph, Thomas Mann. <q>A Republican Federalist.</q><lb/>
+Virginia Independent Chronicle.
+</p>
+
+<p>
+Roane, Spencer. <q>A Plain Dealer.</q><lb/>
+Virginia Independent Chronicle.
+</p>
+
+<p>
+Sherman, Roger. <q>A Countryman.</q><lb/>
+New Haven Gazette.
+</p>
+
+<p>
+Sherman, Roger. <q>A Citizen of New Haven.</q><lb/>
+New Haven Gazette.
+</p>
+
+<p>
+Sullivan, James. <q>Cassius.</q><lb/>
+Massachusetts Gazette.
+</p>
+
+<pb n='417'/><anchor id='Pg417'/>
+
+<p>
+Tucker, St. George. <q>A State Soldier.</q><lb/>
+Virginia Independent Chronicle.
+</p>
+
+<p>
+Williams, William.<lb/>
+American Mercury.
+</p>
+
+<p>
+Williamson, Hugh.<lb/>
+North Carolina State Gazette.
+</p>
+
+<p>
+Winthrop, James. <q>Agrippa.</q><lb/>
+Massachusetts Gazette.
+</p>
+
+<p>
+Workman, Benjamin. <q>Philadelphiensis.</q><lb/>
+Independent Gazetteer.
+</p>
+
+<p>
+Yates, Robert. <q>Brutus.</q><lb/>
+New York Journal.
+</p>
+
+<p>
+Yates, Robert. <q>Sydney.</q><lb/>
+New York Journal.
+</p>
+
+</div>
+
+
+<pb n='419'/><anchor id='Pg419'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Index.</head>
+
+<lg>
+<l><q>A. B.,</q> pseudonym of, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Adams, John, <ref target='Pg117'>117</ref>, <ref target='Pg231'>231</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Agrippa,</q> pseudonym of, <ref target='Pg022'>22</ref>, <ref target='Pg029'>29</ref>, <ref target='Pg049'>49</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l><q>American,</q> pseudonym of, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>American Herald, <ref target='Pg123'>123</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>American Mercury, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>American Museum, <ref target='Pg315'>315</ref>.</l>
+</lg>
+
+<lg>
+<l>Anarchy, danger of, <ref target='Pg015'>15</ref>, <ref target='Pg165'>165</ref>;</l>
+<l rend='margin-left: 2'>predicted, <ref target='Pg018'>18</ref>.</l>
+</lg>
+
+<lg>
+<l>Anti-Federalists, character of, <ref target='Pg025'>25</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Aristides,</q> pseudonym of, <ref target='Pg372'>372</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Aristocracy, favorers of, <ref target='Pg005'>5</ref>;</l>
+<l rend='margin-left: 2'>small danger of, <ref target='Pg165'>165</ref>;</l>
+<l rend='margin-left: 2'>southern, <ref target='Pg258'>258</ref>;</l>
+<l rend='margin-left: 2'>causes of, <ref target='Pg298'>298</ref>;</l>
+<l rend='margin-left: 2'>tendencies to, <ref target='Pg223'>223</ref>.</l>
+</lg>
+
+<lg>
+<l>Articles of Confederation, <ref target='Pg238'>238</ref>;</l>
+<l rend='margin-left: 2'>advantages of, <ref target='Pg077'>77</ref>;</l>
+<l rend='margin-left: 2'>amendment of, <ref target='Pg080'>80</ref>, <ref target='Pg098'>98</ref>;</l>
+<l rend='margin-left: 2'>defects in, <ref target='Pg255'>255</ref>;</l>
+<l rend='margin-left: 2'>ease of amendment of, <ref target='Pg117'>117</ref>;</l>
+<l rend='margin-left: 2'>proposed amendment to, <ref target='Pg084'>84</ref>.</l>
+</lg>
+
+<lg>
+<l>Baldwin, Simeon, <ref target='Pg213'>213</ref>.</l>
+</lg>
+
+<lg>
+<l>Ballot, <ref target='Pg305'>305</ref>.</l>
+</lg>
+
+<lg>
+<l>Baltimore, <ref target='Pg327'>327</ref>, <ref target='Pg333'>333</ref>.</l>
+</lg>
+
+<lg>
+<l>Bill of rights, <ref target='Pg028'>28</ref>, <ref target='Pg095'>95</ref>, <ref target='Pg113'>113</ref>, <ref target='Pg117'>117</ref>, <ref target='Pg119'>119</ref>, <ref target='Pg163'>163</ref>, <ref target='Pg219'>219</ref>, <ref target='Pg299'>299</ref>, <ref target='Pg320'>320</ref>, <ref target='Pg325'>325</ref>, <ref target='Pg364'>364</ref>.</l>
+</lg>
+
+<lg>
+<l>Blair, John, <ref target='Pg162'>162</ref>.</l>
+</lg>
+
+<lg>
+<l>Bowdoin, James, <ref target='Pg003'>3</ref>, <ref target='Pg006'>6</ref>.</l>
+</lg>
+
+<lg>
+<l>Brackenridge, H. H., <ref target='Pg315'>315</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Brutus,</q> pseudonym of, <ref target='Pg269'>269</ref>, <ref target='Pg295'>295</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Bryan, George, <ref target='Pg221'>221</ref>.</l>
+</lg>
+
+<lg>
+<l>Bryan, Samuel, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Cæsar,</q> pseudonym of, <ref target='Pg245'>245</ref>, <ref target='Pg250'>250</ref>, <ref target='Pg279'>279</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Canada, <ref target='Pg191'>191</ref>;</l>
+<l rend='margin-left: 2'>dangers from, <ref target='Pg157'>157</ref>.</l>
+</lg>
+
+<lg>
+<l>Capital, <ref target='Pg262'>262</ref>;</l>
+<l rend='margin-left: 2'>place for, <ref target='Pg073'>73</ref>, <ref target='Pg321'>321</ref>.</l>
+</lg>
+
+<lg>
+<l>Capitation tax, <ref target='Pg272'>272</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Capt. M'Daniel,</q> pseudonym of, <ref target='Pg122'>122</ref>.</l>
+</lg>
+
+<lg>
+<l>Carroll, Daniel, <ref target='Pg325'>325</ref>, <ref target='Pg329'>329</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Carthage, <ref target='Pg093'>93</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Cassius,</q> pseudonym of, <ref target='Pg001'>1</ref>, <ref target='Pg051'>51</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Cato,</q> pseudonym of, <ref target='Pg243'>243</ref>, <ref target='Pg281'>281</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Caution,</q> pseudonym of, <ref target='Pg323'>323</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Centinel, The,</q> pseudonym of, <ref target='Pg218'>218</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Charles James Fox,</q> pseudonym of, <ref target='Pg051'>51</ref>.</l>
+</lg>
+
+<lg>
+<l>Chase, Samuel, <ref target='Pg323'>323</ref>, <ref target='Pg415'>415</ref>;</l>
+<l rend='margin-left: 2'>promises of, <ref target='Pg333'>333</ref>;</l>
+<l rend='margin-left: 2'>speech of, <ref target='Pg325'>325</ref>.</l>
+</lg>
+
+<lg>
+<l>Childs, Francis, <ref target='Pg250'>250</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Citizen of New Haven,</q> pseudonym of, <ref target='Pg229'>229</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Citizenship, <ref target='Pg270'>270</ref>;</l>
+<l rend='margin-left: 2'>rights of, <ref target='Pg042'>42</ref>.</l>
+</lg>
+
+<lg>
+<l>Clinton, De Witt, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Clinton, George, <ref target='Pg173'>173</ref>, <ref target='Pg243'>243</ref>, <ref target='Pg281'>281</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Coinage, uniformity of, <ref target='Pg035'>35</ref>.</l>
+</lg>
+
+<lg>
+<l>Coke, <ref target='Pg266'>266</ref>.</l>
+</lg>
+
+<lg>
+<l>Commerce of America, <ref target='Pg095'>95</ref>;</l>
+<l rend='margin-left: 2'>inter-state, congressional power over, <ref target='Pg118'>118</ref>;</l>
+<l rend='margin-left: 2'>regulation of, <ref target='Pg097'>97</ref>.</l>
+</lg>
+
+<lg>
+<l>Commercial treaties, power to make, <ref target='Pg234'>234</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Conciliator,</q> pseudonym of, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Congress, Continental, action on the Constitution, <ref target='Pg253'>253</ref>, <ref target='Pg289'>289</ref>;</l>
+<l rend='margin-left: 2'>retrospective view of, <ref target='Pg298'>298</ref>;</l>
+<l rend='margin-left: 2'>inadequate powers of, <ref target='Pg034'>34</ref>.</l>
+</lg>
+
+<lg>
+<l>Congress, difference between state legislature and, <ref target='Pg224'>224</ref>;</l>
+<l rend='margin-left: 2'>length of session of, <ref target='Pg239'>239</ref>;</l>
+<l rend='margin-left: 2'>members of, <ref target='Pg225'>225</ref>;</l>
+<l rend='margin-left: 2'>character of, <ref target='Pg227'>227</ref>;</l>
+<l rend='margin-left: 2'>character from South, <ref target='Pg258'>258</ref>;</l>
+<l rend='margin-left: 2'>election of, <ref target='Pg086'>86</ref>;</l>
+<l rend='margin-left: 2'>privileges of, <ref target='Pg033'>33</ref>;</l>
+<l rend='margin-left: 2'>restriction on, <ref target='Pg234'>234</ref>;</l>
+<l rend='margin-left: 2'>interest of, <ref target='Pg220'>220</ref>;</l>
+<l rend='margin-left: 2'>journal of, <ref target='Pg033'>33</ref>;</l>
+<l rend='margin-left: 2'>nature of, <ref target='Pg267'>267</ref>;</l>
+<l rend='margin-left: 2'>powers of, <ref target='Pg027'>27</ref>, <ref target='Pg032'>32</ref>, <ref target='Pg034'>34</ref>, <ref target='Pg041'>41</ref>, <ref target='Pg098'>98</ref>;</l>
+<l rend='margin-left: 2'>to alienate territory, <ref target='Pg080'>80</ref>;</l>
+<l rend='margin-left: 2'>to coerce the states, <ref target='Pg184'>184</ref>;</l>
+<l rend='margin-left: 2'>over delinquent states, <ref target='Pg358'>358</ref>;</l>
+<l rend='margin-left: 2'>over citizens, <ref target='Pg080'>80</ref>;</l>
+<l rend='margin-left: 2'>over elections, <ref target='Pg030'>30</ref>, <ref target='Pg037'>37</ref>, <ref target='Pg118'>118</ref>, <ref target='Pg276'>276</ref>;</l>
+<l rend='margin-left: 2'>over inter-state commerce, <ref target='Pg118'>118</ref>;</l>
+<l rend='margin-left: 2'>over judiciary, <ref target='Pg066'>66</ref>;</l>
+<l rend='margin-left: 2'>over militia, <ref target='Pg184'>184</ref>;</l>
+<l rend='margin-left: 2'>law-making powers of, <ref target='Pg045'>45</ref>;</l>
+<l rend='margin-left: 2'>of taxation, <ref target='Pg235'>235</ref>;</l>
+<l rend='margin-left: 2'>over territories, <ref target='Pg043'>43</ref>;</l>
+<l rend='margin-left: 2'>over trade, <ref target='Pg061'>61</ref>;</l>
+<l rend='margin-left: 2'>representation in, <ref target='Pg151'>151</ref>.</l>
+</lg>
+
+<pb n='420'/><anchor id='Pg420'/>
+
+<lg>
+<l>Connecticut, <ref target='Pg183'>183</ref>, <ref target='Pg355'>355</ref>;</l>
+<l rend='margin-left: 2'>address to, <ref target='Pg215'>215</ref>;</l>
+<l rend='margin-left: 2'>constitution of, <ref target='Pg148'>148</ref>;</l>
+<l rend='margin-left: 2'>Courant, <ref target='Pg135'>135</ref>, <ref target='Pg415'>415</ref>;</l>
+<l rend='margin-left: 2'>convention, <ref target='Pg178'>178</ref>, <ref target='Pg207'>207</ref>;</l>
+<l rend='margin-left: 2'>legislature of, <ref target='Pg219'>219</ref>;</l>
+<l rend='margin-left: 2'>manufactures of, <ref target='Pg202'>202</ref>;</l>
+<l rend='margin-left: 2'>taxation in, <ref target='Pg074'>74</ref>, <ref target='Pg148'>148</ref>;</l>
+<l rend='margin-left: 2'>tribute to New York from, <ref target='Pg180'>180</ref>.</l>
+</lg>
+
+<lg>
+<l>Constituents, instructions from, <ref target='Pg028'>28</ref>.</l>
+</lg>
+
+<lg>
+<l>Constitution, a creation of power, <ref target='Pg145'>145</ref>, <ref target='Pg147'>147</ref>;</l>
+<l rend='margin-left: 2'>adequacy of, <ref target='Pg035'>35</ref>;</l>
+<l rend='margin-left: 2'>adopting clause of, <ref target='Pg131'>131</ref>, <ref target='Pg184'>184</ref>, <ref target='Pg362'>362</ref>;</l>
+<l rend='margin-left: 2'>advantages of, <ref target='Pg021'>21</ref>;</l>
+<l rend='margin-left: 2'>amendment of, <ref target='Pg044'>44</ref>, <ref target='Pg100'>100</ref>, <ref target='Pg118'>118</ref>, <ref target='Pg200'>200</ref>, <ref target='Pg233'>233</ref>, <ref target='Pg251'>251</ref>, <ref target='Pg284'>284</ref>, <ref target='Pg334'>334</ref>;</l>
+<l rend='margin-left: 2'>attempts to surprise the people with, <ref target='Pg327'>327</ref>;</l>
+<l rend='margin-left: 2'>character of opposers of, <ref target='Pg011'>11</ref>, <ref target='Pg143'>143</ref>;</l>
+<l rend='margin-left: 2'>comparison of, <ref target='Pg339'>339</ref>;</l>
+<l rend='margin-left: 2'>with constitution of N. Y., <ref target='Pg297'>297</ref>;</l>
+<l rend='margin-left: 2'>with English, <ref target='Pg381'>381</ref>;</l>
+<l rend='margin-left: 2'>consolidating tendencies of, <ref target='Pg065'>65</ref>, <ref target='Pg069'>69</ref>, <ref target='Pg070'>70</ref>, <ref target='Pg158'>158</ref>, <ref target='Pg258'>258</ref>, <ref target='Pg297'>297</ref>;</l>
+<l rend='margin-left: 2'>construction of, <ref target='Pg043'>43</ref>;</l>
+<l rend='margin-left: 2'>objections to, <ref target='Pg025'>25</ref>, <ref target='Pg053'>53</ref>, <ref target='Pg132'>132</ref>, <ref target='Pg151'>151</ref>;</l>
+<l rend='margin-left: 2'>definition of, <ref target='Pg116'>116</ref>;</l>
+<l rend='margin-left: 2'>despotic power of, <ref target='Pg028'>28</ref>;</l>
+<l rend='margin-left: 2'>effect of, <ref target='Pg095'>95</ref>;</l>
+<l rend='margin-left: 2'>excellence of language of, <ref target='Pg156'>156</ref>;</l>
+<l rend='margin-left: 2'>expense of, <ref target='Pg060'>60</ref>;</l>
+<l rend='margin-left: 2'>general clauses of, <ref target='Pg083'>83</ref>, <ref target='Pg096'>96</ref>, <ref target='Pg119'>119</ref>;</l>
+<l rend='margin-left: 2'>importance of, <ref target='Pg248'>248</ref>;</l>
+<l rend='margin-left: 2'>judicial power under, <ref target='Pg039'>39</ref>;</l>
+<l rend='margin-left: 2'>laws made under, <ref target='Pg360'>360</ref>;</l>
+<l rend='margin-left: 2'>merits of, <ref target='Pg027'>27</ref>;</l>
+<l rend='margin-left: 2'>new powers granted by, <ref target='Pg238'>238</ref>;</l>
+<l rend='margin-left: 2'>powers under, <ref target='Pg153'>153</ref>, <ref target='Pg156'>156</ref>, <ref target='Pg163'>163</ref>, <ref target='Pg220'>220</ref>;</l>
+<l rend='margin-left: 2'>opposition to, <ref target='Pg039'>39</ref>;</l>
+<l rend='margin-left: 2'>preamble of, <ref target='Pg208'>208</ref>;</l>
+<l rend='margin-left: 2'>reasons for not submitting to state legislature, <ref target='Pg139'>139</ref>;</l>
+<l rend='margin-left: 2'>reception of, <ref target='Pg009'>9</ref>;</l>
+<l rend='margin-left: 2'>rejection of, <ref target='Pg100'>100</ref>;</l>
+<l rend='margin-left: 2'>remarks on, <ref target='Pg237'>237</ref>, <ref target='Pg395'>395</ref>;</l>
+<l rend='margin-left: 2'>supreme law of the land, <ref target='Pg184'>184</ref>;</l>
+<l rend='margin-left: 2'>want of explicitness in, <ref target='Pg155'>155</ref>, <ref target='Pg260'>260</ref>, <ref target='Pg265'>265</ref>;</l>
+<l rend='margin-left: 2'>should be tried before amending, <ref target='Pg235'>235</ref>;</l>
+<l rend='margin-left: 2'>writers against, <ref target='Pg012'>12</ref>.</l>
+</lg>
+
+<lg>
+<l>Convention, Federal, <ref target='Pg238'>238</ref>, <ref target='Pg247'>247</ref>, <ref target='Pg284'>284</ref>, <ref target='Pg287'>287</ref>;</l>
+<l rend='margin-left: 2'>appeals to the people, <ref target='Pg140'>140</ref>;</l>
+<l rend='margin-left: 2'>character of the members of, <ref target='Pg020'>20</ref>;</l>
+<l rend='margin-left: 2'>committees of, <ref target='Pg348'>348</ref>;</l>
+<l rend='margin-left: 2'>dissenting members of, <ref target='Pg104'>104</ref>;</l>
+<l rend='margin-left: 2'>harmony of, <ref target='Pg191'>191</ref>;</l>
+<l rend='margin-left: 2'>ignorance of the members of, <ref target='Pg022'>22</ref>;</l>
+<l rend='margin-left: 2'>illegal action of, <ref target='Pg104'>104</ref>;</l>
+<l rend='margin-left: 2'>irritated condition of, <ref target='Pg367'>367</ref>;</l>
+<l rend='margin-left: 2'>journals of, <ref target='Pg347'>347</ref>;</l>
+<l rend='margin-left: 2'>large vs. small states in, <ref target='Pg355'>355</ref>;</l>
+<l rend='margin-left: 2'>meetings of, <ref target='Pg345'>345</ref>;</l>
+<l rend='margin-left: 2'>meetings of members of, <ref target='Pg355'>355</ref>;</l>
+<l rend='margin-left: 2'>object of, <ref target='Pg035'>35</ref>;</l>
+<l rend='margin-left: 2'>powers of, <ref target='Pg252'>252</ref>, <ref target='Pg290'>290</ref>;</l>
+<l rend='margin-left: 2'>proceedings in, <ref target='Pg130'>130</ref>, <ref target='Pg174'>174</ref>, <ref target='Pg183'>183</ref>, <ref target='Pg341'>341</ref>;</l>
+<l rend='margin-left: 2'>secrecy of, <ref target='Pg252'>252</ref>, <ref target='Pg298'>298</ref>;</l>
+<l rend='margin-left: 2'>spirit of, <ref target='Pg167'>167</ref>;</l>
+<l rend='margin-left: 2'>wisdom of, <ref target='Pg252'>252</ref>.</l>
+</lg>
+
+<lg>
+<l>Convention, second, <ref target='Pg062'>62</ref>, <ref target='Pg235'>235</ref>, <ref target='Pg375'>375</ref>.</l>
+</lg>
+
+<lg>
+<l>Council, lack of, <ref target='Pg162'>162</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Countryman, A,</q> pseudonym of, <ref target='Pg211'>211</ref>, <ref target='Pg415'>415</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Courts, Federal, <ref target='Pg036'>36</ref>, <ref target='Pg040'>40</ref>, <ref target='Pg083'>83</ref>.</l>
+</lg>
+
+<lg>
+<l>Courts, State, <ref target='Pg054'>54</ref>.</l>
+</lg>
+
+<lg>
+<l>Coxe, Tench, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Credit, public, <ref target='Pg073'>73</ref>, <ref target='Pg197'>197</ref>.</l>
+</lg>
+
+<lg>
+<l>Creditors, public, <ref target='Pg060'>60</ref>;</l>
+<l rend='margin-left: 2'>justice to, <ref target='Pg035'>35</ref>.</l>
+</lg>
+
+<lg>
+<l>Criminal prosecution, laws for, <ref target='Pg067'>67</ref>.</l>
+</lg>
+
+<lg>
+<l>Daily Advertiser, <ref target='Pg250'>250</ref>, <ref target='Pg279'>279</ref>, <ref target='Pg415'>415</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Davie, William Richardson, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Debt, Continental, <ref target='Pg060'>60</ref>, <ref target='Pg073'>73</ref>, <ref target='Pg077'>77</ref>, <ref target='Pg095'>95</ref>, <ref target='Pg097'>97</ref>, <ref target='Pg127'>127</ref>.</l>
+</lg>
+
+<lg>
+<l>Debtors, opposition of, to constitution, <ref target='Pg144'>144</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Decius,</q> pseudonym of, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Delaware, <ref target='Pg163'>163</ref>, <ref target='Pg355'>355</ref>.</l>
+</lg>
+
+<lg>
+<l>Dickinson, John, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Duer, William, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Duties, <ref target='Pg077'>77</ref>;</l>
+<l rend='margin-left: 2'>Massachusetts' share of, <ref target='Pg084'>84</ref>;</l>
+<l rend='margin-left: 2'>paid by consumers, <ref target='Pg271'>271</ref>;</l>
+<l rend='margin-left: 2'>uniformity of, <ref target='Pg035'>35</ref>.</l>
+</lg>
+
+<lg>
+<l>Eastern states, carrying trade of, <ref target='Pg162'>162</ref>.</l>
+</lg>
+
+<lg>
+<l>Elections, <ref target='Pg116'>116</ref>;</l>
+<l rend='margin-left: 2'>frequency of, <ref target='Pg227'>227</ref>;</l>
+<l rend='margin-left: 2'>power of Congress over, <ref target='Pg030'>30</ref>, <ref target='Pg118'>118</ref>, <ref target='Pg276'>276</ref>;</l>
+<l rend='margin-left: 2'>provisions for, <ref target='Pg037'>37</ref>.</l>
+</lg>
+
+<lg>
+<l>Ellsworth, Oliver, <ref target='Pg135'>135</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>England, laws of, against treason, <ref target='Pg042'>42</ref>;</l>
+<l rend='margin-left: 2'>religious freedom in, <ref target='Pg168'>168</ref>.</l>
+</lg>
+
+<lg>
+<l>Europe, governments of, <ref target='Pg256'>256</ref>;</l>
+<l rend='margin-left: 2'>treaties with, <ref target='Pg089'>89</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Examiner,</q> pseudonym of, <ref target='Pg018'>18</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Excise forbidden, <ref target='Pg118'>118</ref>.</l>
+</lg>
+
+<lg>
+<l>Executive, <ref target='Pg158'>158</ref>, <ref target='Pg260'>260</ref>, <ref target='Pg310'>310</ref>;</l>
+<l rend='margin-left: 2'>advice of, <ref target='Pg038'>38</ref>;</l>
+<l rend='margin-left: 2'>blended with legislative, <ref target='Pg240'>240</ref>, <ref target='Pg275'>275</ref>;</l>
+<l rend='margin-left: 2'>council for, <ref target='Pg163'>163</ref>;</l>
+<l rend='margin-left: 2'>impeachment of, <ref target='Pg039'>39</ref>;</l>
+<l rend='margin-left: 2'>ineligible, after service, <ref target='Pg234'>234</ref>;</l>
+<l rend='margin-left: 2'>may be a woman, <ref target='Pg319'>319</ref>;</l>
+<l rend='margin-left: 2'>method of electing, <ref target='Pg263'>263</ref>;</l>
+<l rend='margin-left: 2'>not specified, <ref target='Pg319'>319</ref>;</l>
+<l rend='margin-left: 2'>objections to, <ref target='Pg162'>162</ref>;</l>
+<l rend='margin-left: 2'>powers of, <ref target='Pg039'>39</ref>, <ref target='Pg261'>261</ref>;</l>
+<l rend='margin-left: 2'>power over pardon, <ref target='Pg234'>234</ref>, <ref target='Pg240'>240</ref>;</l>
+<l rend='margin-left: 2'>power to convene Congress, <ref target='Pg275'>275</ref>;</l>
+<l rend='margin-left: 2'>re-eligibility of, <ref target='Pg354'>354</ref>, <ref target='Pg374'>374</ref>;</l>
+<l rend='margin-left: 2'>to be elected annually, <ref target='Pg119'>119</ref>;</l>
+<l rend='margin-left: 2'>under constitution, <ref target='Pg037'>37</ref>;</l>
+<l rend='margin-left: 2'>vote of, <ref target='Pg038'>38</ref>;</l>
+<l rend='margin-left: 2'>veto power of, <ref target='Pg034'>34</ref>.</l>
+</lg>
+
+<lg>
+<l>Ex post facto law, <ref target='Pg163'>163</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Fabius,</q> pseudonym of, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Federal Government, necessity for, <ref target='Pg141'>141</ref>.</l>
+</lg>
+
+<lg>
+<l>Federalists, aristocratic tendencies of, <ref target='Pg089'>89</ref>.</l>
+</lg>
+
+<pb n='421'/><anchor id='Pg421'/>
+
+<lg>
+<l>Findley, William, <ref target='Pg100'>100</ref>, <ref target='Pg321'>321</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Fisheries, <ref target='Pg194'>194</ref>;</l>
+<l rend='margin-left: 2'>power over, <ref target='Pg234'>234</ref>.</l>
+</lg>
+
+<lg>
+<l>Flax, <ref target='Pg202'>202</ref>.</l>
+</lg>
+
+<lg>
+<l>Foreign influence, <ref target='Pg103'>103</ref>.</l>
+</lg>
+
+<lg>
+<l>Foreign nations, intercourse with, <ref target='Pg080'>80</ref>.</l>
+</lg>
+
+<lg>
+<l>Forests, value of, <ref target='Pg194'>194</ref>.</l>
+</lg>
+
+<lg>
+<l>France, public debt to, <ref target='Pg073'>73</ref>.</l>
+</lg>
+
+<lg>
+<l>Franchise, <ref target='Pg226'>226</ref>.</l>
+</lg>
+
+<lg>
+<l>Frankland, <ref target='Pg258'>258</ref>.</l>
+</lg>
+
+<lg>
+<l>Franklin, Benjamin, <ref target='Pg023'>23</ref>, <ref target='Pg026'>26</ref>, <ref target='Pg218'>218</ref>, <ref target='Pg321'>321</ref>, <ref target='Pg370'>370</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Freeman,</q> pseudonym of, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Friend to the Constitution,</q> <ref target='Pg329'>329</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Georgia, <ref target='Pg164'>164</ref>, <ref target='Pg190'>190</ref>, <ref target='Pg259'>259</ref>, <ref target='Pg355'>355</ref>.</l>
+</lg>
+
+<lg>
+<l>Gerry, Elbridge, <ref target='Pg025'>25</ref>, <ref target='Pg051'>51</ref>, <ref target='Pg053'>53</ref>, <ref target='Pg104'>104</ref>, <ref target='Pg123'>123</ref>, <ref target='Pg127'>127</ref>, <ref target='Pg130'>130</ref>, <ref target='Pg137'>137</ref>, <ref target='Pg161'>161</ref>, <ref target='Pg172'>172</ref>, <ref target='Pg182'>182</ref>, <ref target='Pg186'>186</ref>, <ref target='Pg339'>339</ref>, <ref target='Pg341'>341</ref>, <ref target='Pg350'>350</ref>, <ref target='Pg416'>416</ref>;</l>
+<l rend='margin-left: 2'>conciliating conduct of, <ref target='Pg174'>174</ref>;</l>
+<l rend='margin-left: 2'>hypocrisy of, <ref target='Pg174'>174</ref>;</l>
+<l rend='margin-left: 2'>objections to constitutions, <ref target='Pg132'>132</ref>;</l>
+<l rend='margin-left: 2'>remarks on, <ref target='Pg150'>150</ref>.</l>
+</lg>
+
+<lg>
+<l>Goddard, William, <ref target='Pg341'>341</ref>.</l>
+</lg>
+
+<lg>
+<l>Government, divisions of, <ref target='Pg116'>116</ref>;</l>
+<l rend='margin-left: 2'>encroaching tendencies of, <ref target='Pg376'>376</ref>;</l>
+<l rend='margin-left: 2'>General and State linked, <ref target='Pg153'>153</ref>;</l>
+<l rend='margin-left: 2'>Greek and Roman, <ref target='Pg055'>55</ref>;</l>
+<l rend='margin-left: 2'>importance, <ref target='Pg247'>247</ref>;</l>
+<l rend='margin-left: 2'>necessity of, to society, <ref target='Pg111'>111</ref>;</l>
+<l rend='margin-left: 2'>opposition to, <ref target='Pg024'>24</ref>;</l>
+<l rend='margin-left: 2'>a strong one necessary for liberty, <ref target='Pg147'>147</ref>.</l>
+</lg>
+
+<lg>
+<l>Great Britain, dangers from, <ref target='Pg190'>190</ref>;</l>
+<l rend='margin-left: 2'>resentment of, <ref target='Pg089'>89</ref>.</l>
+</lg>
+
+<lg>
+<l>Habeas corpus, suspension of, <ref target='Pg036'>36</ref>.</l>
+</lg>
+
+<lg>
+<l>Hamilton, Alexander, <ref target='Pg245'>245</ref>, <ref target='Pg279'>279</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Hampshire Gazette, <ref target='Pg005'>5</ref>.</l>
+</lg>
+
+<lg>
+<l>Hancock, John, <ref target='Pg003'>3</ref>, <ref target='Pg005'>5</ref>, <ref target='Pg010'>10</ref>.</l>
+</lg>
+
+<lg>
+<l>Hanson, Alexander Contee, <ref target='Pg372'>372</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Hartford, <ref target='Pg216'>216</ref>.</l>
+</lg>
+
+<lg>
+<l>Harvard College Library, <ref target='Pg040'>40</ref>.</l>
+</lg>
+
+<lg>
+<l>Holland, public debt due, <ref target='Pg073'>73</ref>.</l>
+</lg>
+
+<lg>
+<l>Hopkinson, Francis, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Humphrey's Mercury, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Impeachment, <ref target='Pg039'>39</ref>, <ref target='Pg233'>233</ref>, <ref target='Pg312'>312</ref>, <ref target='Pg391'>391</ref>;</l>
+<l rend='margin-left: 2'>in Massachusetts, <ref target='Pg041'>41</ref>;</l>
+<l rend='margin-left: 2'>methods of, <ref target='Pg030'>30</ref>;</l>
+<l rend='margin-left: 2'>powers of Senate in, <ref target='Pg029'>29</ref>.</l>
+</lg>
+
+<lg>
+<l>Independent Chronicle, <ref target='Pg005'>5</ref>.</l>
+</lg>
+
+<lg>
+<l>Independent Gazetteer, <ref target='Pg218'>218</ref>, <ref target='Pg415'>415</ref>, <ref target='Pg416'>416</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>India, trade with, <ref target='Pg109'>109</ref>.</l>
+</lg>
+
+<lg>
+<l>Indian affairs, <ref target='Pg301'>301</ref>;</l>
+<l rend='margin-left: 2'>lands, <ref target='Pg300'>300</ref>.</l>
+</lg>
+
+<lg>
+<l>Iredell, James, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Jay, John, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Judiciary, <ref target='Pg054'>54</ref>, <ref target='Pg159'>159</ref>, <ref target='Pg235'>235</ref>, <ref target='Pg241'>241</ref>;</l>
+<l rend='margin-left: 2'>appeals to, <ref target='Pg130'>130</ref>, <ref target='Pg184'>184</ref>, <ref target='Pg361'>361</ref>;</l>
+<l rend='margin-left: 2'>appointment of, <ref target='Pg069'>69</ref>;</l>
+<l rend='margin-left: 2'>dangers from, <ref target='Pg066'>66</ref>, <ref target='Pg164'>164</ref>;</l>
+<l rend='margin-left: 2'>federal, <ref target='Pg083'>83</ref>;</l>
+<l rend='margin-left: 2'>limits of <ref target='Pg067'>67</ref>, <ref target='Pg118'>118</ref>;</l>
+<l rend='margin-left: 2'>national, <ref target='Pg309'>309</ref>;</l>
+<l rend='margin-left: 2'>oppressiveness of, <ref target='Pg159'>159</ref>;</l>
+<l rend='margin-left: 2'>powers of, <ref target='Pg096'>96</ref>;</l>
+<l rend='margin-left: 2'>restrictions on federal, <ref target='Pg119'>119</ref>;</l>
+<l rend='margin-left: 2'>state, <ref target='Pg241'>241</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Junius,</q> pseudonym of, <ref target='Pg051'>51</ref>.</l>
+</lg>
+
+<lg>
+<l>Jury, trial by, <ref target='Pg041'>41</ref>, <ref target='Pg131'>131</ref>, <ref target='Pg308'>308</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Kempis, O'Flanagan,</q> pseudonym of, <ref target='Pg051'>51</ref>.</l>
+</lg>
+
+<lg>
+<l>Lamb, John, <ref target='Pg173'>173</ref>, <ref target='Pg245'>245</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Landholder, A,</q> <ref target='Pg129'>129</ref>, <ref target='Pg135'>135</ref>, <ref target='Pg205'>205</ref>, <ref target='Pg339'>339</ref>, <ref target='Pg344'>344</ref>, <ref target='Pg415'>415</ref>;</l>
+<l rend='margin-left: 2'>replies to, <ref target='Pg123'>123</ref>.</l>
+</lg>
+
+<lg>
+<l>Land grants, power of courts over, <ref target='Pg075'>75</ref>.</l>
+</lg>
+
+<lg>
+<l>Lands, western, <ref target='Pg060'>60</ref>, <ref target='Pg063'>63</ref>, <ref target='Pg073'>73</ref>.</l>
+</lg>
+
+<lg>
+<l>Lansing, John, Jr., <ref target='Pg104'>104</ref>.</l>
+</lg>
+
+<lg>
+<l>Lee, Gen. Charles, <ref target='Pg161'>161</ref>.</l>
+</lg>
+
+<lg>
+<l>Lee, Henry, <ref target='Pg162'>162</ref>.</l>
+</lg>
+
+<lg>
+<l>Lee, Richard Henry, <ref target='Pg161'>161</ref>, <ref target='Pg177'>177</ref>, <ref target='Pg390'>390</ref>.</l>
+</lg>
+
+<lg>
+<l>Liberty of the press, <ref target='Pg365'>365</ref>.</l>
+</lg>
+
+<lg>
+<l>Locke, <ref target='Pg257'>257</ref>.</l>
+</lg>
+
+<lg>
+<l>Loyalists, opposition of, to constitution, <ref target='Pg143'>143</ref>.</l>
+</lg>
+
+<lg>
+<l>M'Henry, James, <ref target='Pg131'>131</ref>, <ref target='Pg187'>187</ref>, <ref target='Pg347'>347</ref>, <ref target='Pg350'>350</ref>.</l>
+</lg>
+
+<lg>
+<l>McKean, Thomas, <ref target='Pg090'>90</ref>, <ref target='Pg100'>100</ref>.</l>
+</lg>
+
+<lg>
+<l>McKnight, Dr. Charles, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>MacLaughlin, Neil, <ref target='Pg321'>321</ref>.</l>
+</lg>
+
+<lg>
+<l>Madison, <ref target='Pg162'>162</ref>, <ref target='Pg231'>231</ref>, <ref target='Pg325'>325</ref>, <ref target='Pg387'>387</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Magna Charta, <ref target='Pg219'>219</ref>.</l>
+</lg>
+
+<lg>
+<l>Maine, secession of, <ref target='Pg257'>257</ref>.</l>
+</lg>
+
+<lg>
+<l>Manufactures in America, <ref target='Pg201'>201</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Marcus,</q> pseudonym of, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Martin, Luther, <ref target='Pg104'>104</ref>, <ref target='Pg130'>130</ref>, <ref target='Pg137'>137</ref>, <ref target='Pg182'>182</ref>, <ref target='Pg185'>185</ref>, <ref target='Pg337'>337</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Maryland, <ref target='Pg188'>188</ref>;</l>
+<l rend='margin-left: 2'>convention, <ref target='Pg327'>327</ref>;</l>
+<l rend='margin-left: 2'>Legislature, petition to, <ref target='Pg334'>334</ref>.</l>
+</lg>
+
+<lg>
+<l>Maryland Journal, <ref target='Pg182'>182</ref>, <ref target='Pg323'>323</ref>, <ref target='Pg329'>329</ref>, <ref target='Pg337'>337</ref>, <ref target='Pg415'>415</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Mason, George, <ref target='Pg104'>104</ref>, <ref target='Pg161'>161</ref>, <ref target='Pg164'>164</ref>, <ref target='Pg165'>165</ref>, <ref target='Pg172'>172</ref>, <ref target='Pg355'>355</ref>.</l>
+</lg>
+
+<lg>
+<l>Massachusetts, <ref target='Pg258'>258</ref>;</l>
+<l rend='margin-left: 2'>Constitution of, <ref target='Pg016'>16</ref>;</l>
+<l rend='margin-left: 2'>convention, <ref target='Pg105'>105</ref>, <ref target='Pg187'>187</ref>, <ref target='Pg349'>349</ref>;</l>
+<l rend='margin-left: 2'>proposed resolution for, <ref target='Pg084'>84</ref>;</l>
+<l rend='margin-left: 2'>debt of, <ref target='Pg060'>60</ref>;</l>
+<l rend='margin-left: 2'>delegates from, <ref target='Pg029'>29</ref>;</l>
+<l rend='margin-left: 2'>disadvantages of government for, <ref target='Pg102'>102</ref>;</l>
+<l rend='margin-left: 2'>early history of, <ref target='Pg056'>56</ref>;</l>
+<l rend='margin-left: 2'>feebleness of, <ref target='Pg257'>257</ref>;</l>
+<l rend='margin-left: 2'>impeachment in, <ref target='Pg030'>30</ref>, <ref target='Pg041'>41</ref>;</l>
+<l rend='margin-left: 2'>Legislature, action on constitution of, <ref target='Pg017'>17</ref>;</l>
+<pb n='422'/><anchor id='Pg422'/>
+<l rend='margin-left: 2'>means of taxation of, <ref target='Pg013'>13</ref>;</l>
+<l rend='margin-left: 2'>origin of opposition in, <ref target='Pg176'>176</ref>;</l>
+<l rend='margin-left: 2'>plan to aggrandize, <ref target='Pg182'>182</ref>;</l>
+<l rend='margin-left: 2'>position of, <ref target='Pg061'>61</ref>;</l>
+<l rend='margin-left: 2'>public lands of, <ref target='Pg063'>63</ref>;</l>
+<l rend='margin-left: 2'>share of the Continental debt, <ref target='Pg077'>77</ref>;</l>
+<l rend='margin-left: 2'>taxation in, <ref target='Pg074'>74</ref>;</l>
+<l rend='margin-left: 2'>tender law of, <ref target='Pg036'>36</ref>, <ref target='Pg059'>59</ref>;</l>
+<l rend='margin-left: 2'>warning to, <ref target='Pg010'>10</ref>.</l>
+</lg>
+
+<lg>
+<l>Massachusetts Centinel, <ref target='Pg003'>3</ref>, <ref target='Pg123'>123</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Massachusetts Gazette, <ref target='Pg001'>1</ref>, <ref target='Pg012'>12</ref>, <ref target='Pg018'>18</ref>, <ref target='Pg049'>49</ref>, <ref target='Pg051'>51</ref>, <ref target='Pg416'>416</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Mercer, James Francis, <ref target='Pg104'>104</ref>.</l>
+</lg>
+
+<lg>
+<l>Militia, <ref target='Pg358'>358</ref>;</l>
+<l rend='margin-left: 2'>powers of Congress over, <ref target='Pg184'>184</ref>;</l>
+<l rend='margin-left: 2'>power over, <ref target='Pg342'>342</ref>, <ref target='Pg354'>354</ref>;</l>
+<l rend='margin-left: 2'>State control of, <ref target='Pg118'>118</ref>.</l>
+</lg>
+
+<lg>
+<l>Minority, powers of, <ref target='Pg033'>33</ref>.</l>
+</lg>
+
+<lg>
+<l>Monarchy, small danger of, <ref target='Pg165'>165</ref>.</l>
+</lg>
+
+<lg>
+<l>Money, receipts and expenditures of public, <ref target='Pg036'>36</ref>.</l>
+</lg>
+
+<lg>
+<l>Monopolies, power of Congress to create, <ref target='Pg070'>70</ref>;</l>
+<l rend='margin-left: 2'>prevention of, <ref target='Pg080'>80</ref>.</l>
+</lg>
+
+<lg>
+<l>Montesquieu, <ref target='Pg256'>256</ref>, <ref target='Pg261'>261</ref>.</l>
+</lg>
+
+<lg>
+<l>Nails, manufacture of, <ref target='Pg202'>202</ref>.</l>
+</lg>
+
+<lg>
+<l>Naturalization, <ref target='Pg313'>313</ref>;</l>
+<l rend='margin-left: 2'>powers of Congress over, <ref target='Pg079'>79</ref>.</l>
+</lg>
+
+<lg>
+<l>Navigation act, <ref target='Pg161'>161</ref>;</l>
+<l rend='margin-left: 2'>motion against, <ref target='Pg173'>173</ref>;</l>
+<l rend='margin-left: 2'>right to make, <ref target='Pg234'>234</ref>.</l>
+</lg>
+
+<lg>
+<l>Netherlands, condition of, <ref target='Pg249'>249</ref>.</l>
+</lg>
+
+<lg>
+<l>New England, manufactures of, <ref target='Pg201'>201</ref>.</l>
+</lg>
+
+<lg>
+<l>New Hampshire, <ref target='Pg189'>189</ref>, <ref target='Pg259'>259</ref>;</l>
+<l rend='margin-left: 2'>interest of, <ref target='Pg190'>190</ref>, <ref target='Pg192'>192</ref>;</l>
+<l rend='margin-left: 2'>lands in, <ref target='Pg075'>75</ref>.</l>
+</lg>
+
+<lg>
+<l>New Haven, <ref target='Pg216'>216</ref>.</l>
+</lg>
+
+<lg>
+<l>New Haven Gazette, <ref target='Pg211'>211</ref>, <ref target='Pg229'>229</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>New Jersey, <ref target='Pg183'>183</ref>, <ref target='Pg355'>355</ref>.</l>
+</lg>
+
+<lg>
+<l>New Spain, dangers from, <ref target='Pg157'>157</ref>.</l>
+</lg>
+
+<lg>
+<l>Newspapers, scribblers in, <ref target='Pg025'>25</ref>.</l>
+</lg>
+
+<lg>
+<l>New York against constitution, <ref target='Pg061'>61</ref>;</l>
+<l rend='margin-left: 2'>Assembly, <ref target='Pg245'>245</ref>;</l>
+<l rend='margin-left: 2'>colonial parties, <ref target='Pg306'>306</ref>;</l>
+<l rend='margin-left: 2'>constitution of, <ref target='Pg297'>297</ref>, <ref target='Pg299'>299</ref>;</l>
+<l rend='margin-left: 2'>violation of, <ref target='Pg301'>301</ref>;</l>
+<l rend='margin-left: 2'>draft of a constitution for, <ref target='Pg307'>307</ref>;</l>
+<l rend='margin-left: 2'>impost of, <ref target='Pg173'>173</ref>;</l>
+<l rend='margin-left: 2'>opposition in, <ref target='Pg176'>176</ref>;</l>
+<l rend='margin-left: 2'>proposed property qualification in, <ref target='Pg307'>307</ref>;</l>
+<l rend='margin-left: 2'>State convention of 1776, <ref target='Pg298'>298</ref>;</l>
+<l rend='margin-left: 2'>State debt of, <ref target='Pg060'>60</ref>;</l>
+<l rend='margin-left: 2'>Executive, <ref target='Pg310'>310</ref>;</l>
+<l rend='margin-left: 2'>taxation in, <ref target='Pg074'>74</ref>;</l>
+<l rend='margin-left: 2'>tribute from Connecticut to, <ref target='Pg180'>180</ref>.</l>
+</lg>
+
+<lg>
+<l>New York Journal, <ref target='Pg125'>125</ref>, <ref target='Pg243'>243</ref>, <ref target='Pg269'>269</ref>, <ref target='Pg293'>293</ref>, <ref target='Pg415'>415</ref>, <ref target='Pg416'>416</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Nicholas, John, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>North Carolina, <ref target='Pg258'>258</ref>.</l>
+</lg>
+
+<lg>
+<l>North Carolina, State Gazette of, <ref target='Pg395'>395</ref>, <ref target='Pg415'>415</ref>, <ref target='Pg416'>416</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Northern States, character of people of, <ref target='Pg092'>92</ref>.</l>
+</lg>
+
+<lg>
+<l>Nova Scotia, <ref target='Pg191'>191</ref>;</l>
+<l rend='margin-left: 2'>condition of, <ref target='Pg089'>89</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Numa,</q> pseudonym of, <ref target='Pg005'>5</ref>, <ref target='Pg010'>10</ref>.</l>
+</lg>
+
+<lg>
+<l>Oath, <ref target='Pg207'>207</ref>, <ref target='Pg369'>369</ref>;</l>
+<l rend='margin-left: 2'>character of, <ref target='Pg017'>17</ref>, <ref target='Pg168'>168</ref>;</l>
+<l rend='margin-left: 2'>of President, <ref target='Pg038'>38</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Ocrico,</q> pseudonym of, <ref target='Pg052'>52</ref>.</l>
+</lg>
+
+<lg>
+<l>Officers, federal, privileges of, <ref target='Pg119'>119</ref>.</l>
+</lg>
+
+<lg>
+<l>Office holders, <ref target='Pg145'>145</ref>;</l>
+<l rend='margin-left: 2'>multiplication of, <ref target='Pg088'>88</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Officer of the Continental Army,</q> pseudonym of, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Old Fog,</q> pseudonym of, <ref target='Pg003'>3</ref>.</l>
+</lg>
+
+<lg>
+<l>Paper money, <ref target='Pg127'>127</ref>, <ref target='Pg131'>131</ref>, <ref target='Pg196'>196</ref>, <ref target='Pg341'>341</ref>, <ref target='Pg348'>348</ref>;</l>
+<l rend='margin-left: 2'>motion to redeem, <ref target='Pg174'>174</ref>, <ref target='Pg186'>186</ref>;</l>
+<l rend='margin-left: 2'>states to emit, <ref target='Pg119'>119</ref>.</l>
+</lg>
+
+<lg>
+<l>Parties, colonial, <ref target='Pg306'>306</ref>.</l>
+</lg>
+
+<lg>
+<l>People, dangers from, <ref target='Pg179'>179</ref>;</l>
+<l rend='margin-left: 2'>not to elect representatives, <ref target='Pg183'>183</ref>;</l>
+<l rend='margin-left: 2'>rights of, <ref target='Pg115'>115</ref>.</l>
+</lg>
+
+<lg>
+<l>Pennsylvania, <ref target='Pg369'>369</ref>;</l>
+<l rend='margin-left: 2'>Assembly, <ref target='Pg053'>53</ref>, <ref target='Pg369'>369</ref>;</l>
+<l rend='margin-left: 2'>Convention of, <ref target='Pg090'>90</ref>, <ref target='Pg100'>100</ref>;</l>
+<l rend='margin-left: 2'>future seat of government, <ref target='Pg098'>98</ref>;</l>
+<l rend='margin-left: 2'>naturalization in, <ref target='Pg079'>79</ref>;</l>
+<l rend='margin-left: 2'>opposition in, <ref target='Pg176'>176</ref>.</l>
+</lg>
+
+<lg>
+<l>Pennsylvania Gazette, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Pennsylvanian,</q> pseudonym of, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Philadelphiensis,</q> pseudonym of, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Philo-Publius,</q> pseudonym of, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l>Pinckney, C. C., <ref target='Pg183'>183</ref>.</l>
+</lg>
+
+<lg>
+<l>Pinckney, Charles, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Pittsburg Gazette, <ref target='Pg317'>317</ref>, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Plain Dealer, A,</q> pseudonym of, <ref target='Pg385'>385</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Poll tax, <ref target='Pg272'>272</ref>;</l>
+<l rend='margin-left: 2'>forbidden, <ref target='Pg118'>118</ref>.</l>
+</lg>
+
+<lg>
+<l>Population, destiny of, <ref target='Pg193'>193</ref>.</l>
+</lg>
+
+<lg>
+<l>Press, liberty of, <ref target='Pg164'>164</ref>, <ref target='Pg239'>239</ref>.</l>
+</lg>
+
+<lg>
+<l>Prices, depressed state of, <ref target='Pg142'>142</ref>.</l>
+</lg>
+
+<lg>
+<l>Private opinion, freedom of, <ref target='Pg170'>170</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Publicola,</q> pseudonym of, <ref target='Pg415'>415</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Publius,</q> pseudonym of, <ref target='Pg145'>145</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Quorum, dangers from, <ref target='Pg032'>32</ref>;</l>
+<l rend='margin-left: 2'>powers of, <ref target='Pg033'>33</ref>.</l>
+</lg>
+
+<lg>
+<l>Randolph, Edmund, <ref target='Pg104'>104</ref>, <ref target='Pg231'>231</ref>, <ref target='Pg346'>346</ref>, <ref target='Pg387'>387</ref>.</l>
+</lg>
+
+<lg>
+<l>Randolph, Thomas Mann, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Religion, freedom of, <ref target='Pg168'>168</ref>, <ref target='Pg313'>313</ref>;</l>
+<l rend='margin-left: 2'>misuse of, <ref target='Pg008'>8</ref>.</l>
+</lg>
+
+<lg>
+<l>Religious test, <ref target='Pg207'>207</ref>, <ref target='Pg235'>235</ref>;</l>
+<l rend='margin-left: 2'>nature of, <ref target='Pg169'>169</ref>;</l>
+<l rend='margin-left: 2'>necessity of, <ref target='Pg168'>168</ref>.</l>
+</lg>
+
+<pb n='423'/><anchor id='Pg423'/>
+
+<lg>
+<l>Representation, <ref target='Pg054'>54</ref>, <ref target='Pg269'>269</ref>, <ref target='Pg391'>391</ref>;</l>
+<l rend='margin-left: 2'>best mode of, <ref target='Pg151'>151</ref>;</l>
+<l rend='margin-left: 2'>difference of opinion concerning, <ref target='Pg354'>354</ref>;</l>
+<l rend='margin-left: 2'>smallness of, <ref target='Pg236'>236</ref>, <ref target='Pg240'>240</ref>;</l>
+<l rend='margin-left: 2'>want of, <ref target='Pg151'>151</ref>.</l>
+</lg>
+
+<lg>
+<l>Representatives, House of, <ref target='Pg054'>54</ref>;</l>
+<l rend='margin-left: 2'>electors of, <ref target='Pg028'>28</ref>;</l>
+<l rend='margin-left: 2'>insufficiency of, <ref target='Pg029'>29</ref>;</l>
+<l rend='margin-left: 2'>length of residence necessary, <ref target='Pg028'>28</ref>;</l>
+<l rend='margin-left: 2'>method of choosing, <ref target='Pg152'>152</ref>;</l>
+<l rend='margin-left: 2'>method of electing, <ref target='Pg027'>27</ref>, <ref target='Pg357'>357</ref>;</l>
+<l rend='margin-left: 2'>people should not elect, <ref target='Pg183'>183</ref>;</l>
+<l rend='margin-left: 2'>term of, <ref target='Pg028'>28</ref>;</l>
+<l rend='margin-left: 2'>weakness of, <ref target='Pg273'>273</ref>.</l>
+</lg>
+
+<lg>
+<l>Republics, Greek and Roman, <ref target='Pg094'>94</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Republican Federalist,</q> pseudonym of, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Republican government, guarantee of, <ref target='Pg043'>43</ref>, <ref target='Pg106'>106</ref>.</l>
+</lg>
+
+<lg>
+<l>Revenue bills, origination of, <ref target='Pg034'>34</ref>.</l>
+</lg>
+
+<lg>
+<l>Revenue, method of collecting, <ref target='Pg193'>193</ref>;</l>
+<l rend='margin-left: 2'>Massachusetts' share of, <ref target='Pg102'>102</ref>;</l>
+<l rend='margin-left: 2'>sources of, <ref target='Pg239'>239</ref>.</l>
+</lg>
+
+<lg>
+<l>Revolution, the American, <ref target='Pg146'>146</ref>.</l>
+</lg>
+
+<lg>
+<l>Rhode Island, <ref target='Pg105'>105</ref>, <ref target='Pg108'>108</ref>, <ref target='Pg115'>115</ref>, <ref target='Pg159'>159</ref>, <ref target='Pg196'>196</ref>;</l>
+<l rend='margin-left: 2'>junto in, <ref target='Pg153'>153</ref>;</l>
+<l rend='margin-left: 2'>legislature of, <ref target='Pg031'>31</ref>, <ref target='Pg036'>36</ref>.</l>
+</lg>
+
+<lg>
+<l>Rights, delegated, <ref target='Pg113'>113</ref>.</l>
+</lg>
+
+<lg>
+<l>Roane, Spencer, <ref target='Pg385'>385</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Russell, Benjamin, <ref target='Pg127'>127</ref>.</l>
+</lg>
+
+<lg>
+<l>Scotland, union with England, <ref target='Pg216'>216</ref>.</l>
+</lg>
+
+<lg>
+<l>Senate, <ref target='Pg029'>29</ref>, <ref target='Pg273'>273</ref>;</l>
+<l rend='margin-left: 2'>blended with Executive, <ref target='Pg275'>275</ref>;</l>
+<l rend='margin-left: 2'>method of choosing, <ref target='Pg153'>153</ref>;</l>
+<l rend='margin-left: 2'>officers of, <ref target='Pg029'>29</ref>;</l>
+<l rend='margin-left: 2'>powers of impeachment, <ref target='Pg029'>29</ref>;</l>
+<l rend='margin-left: 2'>treaty power of, <ref target='Pg165'>165</ref>, <ref target='Pg274'>274</ref>;</l>
+<l rend='margin-left: 2'>unspecified character of, <ref target='Pg319'>319</ref>.</l>
+</lg>
+
+<lg>
+<l>Shay's Rebellion, <ref target='Pg005'>5</ref>, <ref target='Pg013'>13</ref>, <ref target='Pg057'>57</ref>, <ref target='Pg072'>72</ref>, <ref target='Pg157'>157</ref>, <ref target='Pg159'>159</ref>, <ref target='Pg257'>257</ref>, <ref target='Pg391'>391</ref>.</l>
+</lg>
+
+<lg>
+<l>Sheep raising, <ref target='Pg201'>201</ref>.</l>
+</lg>
+
+<lg>
+<l>Sherman, Roger, <ref target='Pg183'>183</ref>, <ref target='Pg211'>211</ref>, <ref target='Pg229'>229</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>Shipbuilding, <ref target='Pg061'>61</ref>, <ref target='Pg194'>194</ref>;</l>
+<l rend='margin-left: 2'>carpenters, <ref target='Pg061'>61</ref>.</l>
+</lg>
+
+<lg>
+<l>Slavery, <ref target='Pg258'>258</ref>;</l>
+<l rend='margin-left: 2'>responsibility for, <ref target='Pg163'>163</ref>.</l>
+</lg>
+
+<lg>
+<l>Slaves, importation of, <ref target='Pg163'>163</ref>.</l>
+</lg>
+
+<lg>
+<l>Smilie, John, <ref target='Pg100'>100</ref>, <ref target='Pg321'>321</ref>.</l>
+</lg>
+
+<lg>
+<l>Smith, Melancthon, <ref target='Pg173'>173</ref>.</l>
+</lg>
+
+<lg>
+<l>South Carolina, <ref target='Pg164'>164</ref>, <ref target='Pg183'>183</ref>, <ref target='Pg265'>265</ref>, <ref target='Pg355'>355</ref>;</l>
+<l rend='margin-left: 2'>amendment of, <ref target='Pg235'>235</ref>;</l>
+<l rend='margin-left: 2'>representation in, <ref target='Pg108'>108</ref>.</l>
+</lg>
+
+<lg>
+<l>Southern States, character of people of <ref target='Pg092'>92</ref>;</l>
+<l rend='margin-left: 2'>objections to commercial powers, <ref target='Pg162'>162</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Spectator,</q> pseudonym of, <ref target='Pg326'>326</ref>.</l>
+</lg>
+
+<lg>
+<l>States, coercion of, <ref target='Pg184'>184</ref>;</l>
+<l rend='margin-left: 2'>influences, <ref target='Pg297'>297</ref>;</l>
+<l rend='margin-left: 2'>courts, <ref target='Pg054'>54</ref>, <ref target='Pg159'>159</ref>;</l>
+<l rend='margin-left: 2'>absorption of, <ref target='Pg297'>297</ref>;</l>
+<l rend='margin-left: 2'>dangers to, <ref target='Pg153'>153</ref>;</l>
+<l rend='margin-left: 2'>destruction of, <ref target='Pg342'>342</ref>;</l>
+<l rend='margin-left: 2'>powers of, <ref target='Pg098'>98</ref>;</l>
+<l rend='margin-left: 2'>negative on laws, <ref target='Pg360'>360</ref>;</l>
+<l rend='margin-left: 2'>legislatures, action of, on constitution, <ref target='Pg025'>25</ref>;</l>
+<l rend='margin-left: 2'>Congress a check on, <ref target='Pg031'>31</ref>;</l>
+<l rend='margin-left: 2'>differences between Congress and, <ref target='Pg224'>224</ref>;</l>
+<l rend='margin-left: 2'>powers of, <ref target='Pg152'>152</ref>;</l>
+<l rend='margin-left: 2'>power over elections, <ref target='Pg031'>31</ref>;</l>
+<l rend='margin-left: 2'>representation in, <ref target='Pg152'>152</ref>;</l>
+<l rend='margin-left: 2'>officers, dangers from, <ref target='Pg289'>289</ref>;</l>
+<l rend='margin-left: 2'>restrictions on, <ref target='Pg036'>36</ref>;</l>
+<l rend='margin-left: 2'>rights, <ref target='Pg068'>68</ref>, <ref target='Pg113'>113</ref>, <ref target='Pg118'>118</ref>, <ref target='Pg147'>147</ref>, <ref target='Pg184'>184</ref>;</l>
+<l rend='margin-left: 2'>admission of new, <ref target='Pg042'>42</ref>;</l>
+<l rend='margin-left: 2'>advantages of, <ref target='Pg066'>66</ref>;</l>
+<l rend='margin-left: 2'>bills of right valid in federal courts, <ref target='Pg119'>119</ref>;</l>
+<l rend='margin-left: 2'>consolidation of, <ref target='Pg097'>97</ref>, <ref target='Pg255'>255</ref>;</l>
+<l rend='margin-left: 2'>destruction of, <ref target='Pg375'>375</ref>;</l>
+<l rend='margin-left: 2'>disputes between, <ref target='Pg064'>64</ref>, <ref target='Pg100'>100</ref>;</l>
+<l rend='margin-left: 2'>equality of, in Senate, <ref target='Pg029'>29</ref>;</l>
+<l rend='margin-left: 2'>interest of, <ref target='Pg215'>215</ref>;</l>
+<l rend='margin-left: 2'>large vs. small, <ref target='Pg216'>216</ref>, <ref target='Pg355'>355</ref>;</l>
+<l rend='margin-left: 2'>number to organize government, <ref target='Pg184'>184</ref>;</l>
+<l rend='margin-left: 2'>rights to enforce laws of, <ref target='Pg118'>118</ref>.</l>
+</lg>
+
+<lg>
+<l>State Gazette of North Carolina, <ref target='Pg395'>395</ref>.</l>
+</lg>
+
+<lg>
+<l>State Gazette of South Carolina, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l>State house, <ref target='Pg355'>355</ref>.</l>
+</lg>
+
+<lg>
+<l><q>State Soldier,</q> pseudonym of, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Steady and Open Republican,</q> pseudonym of, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Steady,</q> pseudonym of, <ref target='Pg326'>326</ref>.</l>
+</lg>
+
+<lg>
+<l>Strong, Caleb, <ref target='Pg105'>105</ref>.</l>
+</lg>
+
+<lg>
+<l>Sullivan, James, <ref target='Pg001'>1</ref>, <ref target='Pg416'>416</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Sydney,</q> pseudonym of, <ref target='Pg269'>269</ref>, <ref target='Pg293'>293</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Tax, poll, <ref target='Pg273'>273</ref>.</l>
+</lg>
+
+<lg>
+<l>Taxation, <ref target='Pg156'>156</ref>, <ref target='Pg193'>193</ref>;</l>
+<l rend='margin-left: 2'>dangers of, <ref target='Pg081'>81</ref>;</l>
+<l rend='margin-left: 2'>direct, <ref target='Pg235'>235</ref>, <ref target='Pg270'>270</ref>;</l>
+<l rend='margin-left: 2'>importance of, <ref target='Pg271'>271</ref>;</l>
+<l rend='margin-left: 2'>in Connecticut, <ref target='Pg148'>148</ref>, <ref target='Pg226'>226</ref>;</l>
+<l rend='margin-left: 2'>method of, <ref target='Pg077'>77</ref>, <ref target='Pg358'>358</ref>;</l>
+<l rend='margin-left: 2'>powers of Congress over, <ref target='Pg097'>97</ref>.</l>
+</lg>
+
+<lg>
+<l>Tender acts, <ref target='Pg036'>36</ref>, <ref target='Pg059'>59</ref>, <ref target='Pg196'>196</ref>.</l>
+</lg>
+
+<lg>
+<l>Territory, right to alienate, <ref target='Pg080'>80</ref>, <ref target='Pg118'>118</ref>, <ref target='Pg234'>234</ref>.</l>
+</lg>
+
+<lg>
+<l>Test law, <ref target='Pg169'>169</ref>, <ref target='Pg171'>171</ref>, <ref target='Pg207'>207</ref>, <ref target='Pg235'>235</ref>.</l>
+</lg>
+
+<lg>
+<l>Town meetings, <ref target='Pg226'>226</ref>.</l>
+</lg>
+
+<lg>
+<l>Trade, <ref target='Pg061'>61</ref>;</l>
+<l rend='margin-left: 2'>condition of, <ref target='Pg140'>140</ref>;</l>
+<l rend='margin-left: 2'>congressional control over, <ref target='Pg161'>161</ref>;</l>
+<l rend='margin-left: 2'>foreign, <ref target='Pg095'>95</ref>;</l>
+<l rend='margin-left: 2'>limitations of, <ref target='Pg054'>54</ref>;</l>
+<l rend='margin-left: 2'>Massachusetts' advantage for, <ref target='Pg073'>73</ref>;</l>
+<l rend='margin-left: 2'>powers of Congress over, <ref target='Pg079'>79</ref>;</l>
+<l rend='margin-left: 2'>regulation of, <ref target='Pg070'>70</ref>.</l>
+</lg>
+
+<lg>
+<l>Trading companies, <ref target='Pg070'>70</ref>, <ref target='Pg109'>109</ref>;</l>
+<l rend='margin-left: 2'>forbidden, <ref target='Pg118'>118</ref>.</l>
+</lg>
+
+<pb n='424'/><anchor id='Pg424'/>
+
+<lg>
+<l>Treason, punishment of, <ref target='Pg041'>41</ref>.</l>
+</lg>
+
+<lg>
+<l>Treaty power, dangers from, <ref target='Pg165'>165</ref>.</l>
+</lg>
+
+<lg>
+<l>Treaties, law of the land, <ref target='Pg024'>24</ref>;</l>
+<l rend='margin-left: 2'>with Europe, <ref target='Pg089'>89</ref>.</l>
+</lg>
+
+<lg>
+<l>Tucker, St. George, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>United States, an agricultural country, <ref target='Pg200'>200</ref>;</l>
+<l rend='margin-left: 2'>condition of, <ref target='Pg081'>81</ref>, <ref target='Pg121'>121</ref>, <ref target='Pg158'>158</ref>;</l>
+<l rend='margin-left: 2'>dangers to, <ref target='Pg178'>178</ref>;</l>
+<l rend='margin-left: 2'>differences between the inhabitants of, <ref target='Pg091'>91</ref>;</l>
+<l rend='margin-left: 2'>too large for government, <ref target='Pg257'>257</ref>;</l>
+<l rend='margin-left: 2'>tranquillity of, <ref target='Pg059'>59</ref>.</l>
+</lg>
+
+<lg>
+<l>Vermont, <ref target='Pg258'>258</ref>.</l>
+</lg>
+
+<lg>
+<l>Vice-president, <ref target='Pg240'>240</ref>, <ref target='Pg263'>263</ref>;</l>
+<l rend='margin-left: 2'>duties of, <ref target='Pg158'>158</ref>.</l>
+</lg>
+
+<lg>
+<l>Virginia, <ref target='Pg162'>162</ref>, <ref target='Pg390'>390</ref>;</l>
+<l rend='margin-left: 2'>house of delegates of, <ref target='Pg166'>166</ref>;</l>
+<l rend='margin-left: 2'>plan to aggrandize, <ref target='Pg182'>182</ref>;</l>
+<l rend='margin-left: 2'>qualifications of, <ref target='Pg306'>306</ref>;</l>
+<l rend='margin-left: 2'>method of, <ref target='Pg305'>305</ref>;</l>
+<l rend='margin-left: 2'>opposition in, <ref target='Pg176'>176</ref>.</l>
+</lg>
+
+<lg>
+<l>Virginia Gazette, <ref target='Pg387'>387</ref>.</l>
+</lg>
+
+<lg>
+<l>Virginia Independent Chronicle, <ref target='Pg385'>385</ref>, <ref target='Pg416'>416</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l><q>Vox Populi,</q> pseudonym of, <ref target='Pg012'>12</ref>, <ref target='Pg016'>16</ref>, <ref target='Pg018'>18</ref>.</l>
+</lg>
+
+<lg>
+<l>Washington, George, <ref target='Pg023'>23</ref>, <ref target='Pg026'>26</ref>, <ref target='Pg161'>161</ref>, <ref target='Pg177'>177</ref>, <ref target='Pg218'>218</ref>, <ref target='Pg251'>251</ref>, <ref target='Pg254'>254</ref>, <ref target='Pg285'>285</ref>, <ref target='Pg321'>321</ref>, <ref target='Pg347'>347</ref>, <ref target='Pg370'>370</ref>.</l>
+</lg>
+
+<lg>
+<l>West Indies, condition of, <ref target='Pg089'>89</ref>.</l>
+</lg>
+
+<lg>
+<l>Western territory, <ref target='Pg239'>239</ref>.</l>
+</lg>
+
+<lg>
+<l>Willetts, Marinus, <ref target='Pg173'>173</ref>.</l>
+</lg>
+
+<lg>
+<l>Williams, William, <ref target='Pg137'>137</ref>, <ref target='Pg168'>168</ref>, <ref target='Pg195'>195</ref>, <ref target='Pg202'>202</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Williamson, Hugh, <ref target='Pg395'>395</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Wilson, James, <ref target='Pg090'>90</ref>, <ref target='Pg096'>96</ref>, <ref target='Pg100'>100</ref>, <ref target='Pg112'>112</ref>, <ref target='Pg218'>218</ref>, <ref target='Pg335'>335</ref>.</l>
+</lg>
+
+<lg>
+<l>Winthrop, James, <ref target='Pg040'>40</ref>, <ref target='Pg049'>49</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Woolen manufactures, <ref target='Pg201'>201</ref>.</l>
+</lg>
+
+<lg>
+<l>Workman, Benjamin, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+<lg>
+<l>Yates, Robert, <ref target='Pg104'>104</ref>, <ref target='Pg173'>173</ref>, <ref target='Pg269'>269</ref>, <ref target='Pg293'>293</ref>, <ref target='Pg417'>417</ref>.</l>
+</lg>
+
+</div>
+
+</body>
+<back rend="page-break-before: right">
+  <div id="footnotes">
+    <index index="toc" />
+    <index index="pdf" />
+    <head>Footnotes</head>
+    <divGen type="footnotes"/>
+  </div>
+  <div rend="page-break-before: right">
+    <divGen type="pgfooter" />
+  </div>
+</back>
+</text>
+</TEI.2>
diff --git a/old/31891.txt b/old/31891.txt
new file mode 100644
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--- /dev/null
+++ b/old/31891.txt
@@ -0,0 +1,13392 @@
+The Project Gutenberg EBook of Essays on the Constitution of the United
+States by Paul Leicester Ford
+
+
+
+This eBook is for the use of anyone anywhere at no cost and with almost no
+restrictions whatsoever. 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 http://www.gutenberg.org/license
+
+
+
+Title: Essays on the Constitution of the United States
+
+Author: Paul Leicester Ford
+
+Release Date: April 5, 2010 [Ebook #31891]
+
+Language: English
+
+Character set encoding: US-ASCII
+
+
+***START OF THE PROJECT GUTENBERG EBOOK ESSAYS ON THE CONSTITUTION OF THE UNITED STATES***
+
+
+
+
+
+             Essays on the Constitution of the United States
+
+              Published During Its Discussion by the People
+
+                                1787-1788
+
+                                Edited by
+
+                           Paul Leicester Ford
+
+                              Brooklyn, N.Y.
+
+                         Historical Printing Club
+
+                                   1892
+
+
+
+
+
+CONTENTS
+
+
+Introduction.
+The Letters Of Cassius, Written By James Sullivan.
+The Letters Of Agrippa, Accredited To James Winthrop.
+Replies To The Strictures Of A Landholder, By Elbridge Gerry.
+The Letters Of A Landholder, Written By Oliver Ellsworth.
+A Letter To The Landholder. By William Williams.
+The Letters Of A Countryman. Written By Roger Sherman.
+The Letters Of A Citizen Of New Haven, Written By Roger Sherman.
+The Letters Of Cato, Written By George Clinton.
+The Letters Of Caesar, Written By Alexander Hamilton.
+The Letters Of Sydney. Written By Robert Yates.
+Cursory Remarks By Hugh Henry Brackenridge.
+Letter Of Caution, Written By Samuel Chase.
+Letter Of A Friend To The Constitution, Written By Daniel Carroll.
+The Letters Of Luther Martin.
+Letter Of A Plain Dealer, Accredited To Spencer Roane.
+Remarks On The New Plan Of Government, By Hugh Williamson.
+Letter Of A Steady And Open Republican, Written By Charles Pinckney.
+Bibliography.
+Index.
+Footnotes
+
+
+
+
+
+
+INTRODUCTION.
+
+
+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 _Pamphlets on the Constitution of the
+United States_. 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.
+
+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.
+
+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.
+
+PAUL LEICESTER FORD.
+_Brooklyn, N. Y., April, 1892._
+
+
+
+
+
+THE LETTERS OF CASSIUS, WRITTEN BY JAMES SULLIVAN.
+
+
+Printed In The Massachusetts Gazette,
+September-December, 1787.
+
+
+
+
+Note.
+
+
+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 _Life of James Sullivan_. 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.
+
+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 "Old Fog," in the _Massachusetts Centinel_
+of Sept. 22 and Oct. 6, 1787.
+
+
+
+
+Cassius, I.
+
+
+The Massachusetts Gazette, (Number 367).
+
+TUESDAY, SEPTEMBER 18, 1787.
+
+For the Massachusetts Gazette.
+
+It is a great pity that such an able writer as Numa(1) 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,(2) it has so recently experienced.
+
+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.(3) 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.
+
+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 and tyrannical, established on its
+ruins. Perhaps a few of this description were members of the last
+administration.(4) 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 "afford them matter for derision at a future
+day,"--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, "the degenerate Romans banished Cicero for saving the commonwealth."
+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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+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?
+
+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.
+
+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.
+
+CASSIUS.
+
+
+
+
+Cassius, II.
+
+
+The Massachusetts Gazette, (Number 371)
+
+TUESDAY, OCTOBER 2, 1787.
+
+For the Massachusetts Gazette.
+
+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.
+
+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.
+
+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.
+
+The cloak of religion too often answers to promote plans detrimental 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.
+
+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,
+
+
+    "Whose mem'ries ought, and will perhaps yet live,
+    In all the glare which infamy can give."
+
+
+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.
+
+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
+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.
+
+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.
+
+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, "when their country calls, can yield their
+treasure up, and know no wish beyond the publick good." 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.
+
+Numa(5) 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,(6) 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.
+
+CASSIUS.
+
+
+
+
+Cassius, III.
+
+
+The Massachusetts Gazette, (Number 383)
+
+FRIDAY, NOVEMBER 16, 1787.
+
+For the Massachusetts Gazette.
+
+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.
+
+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.
+
+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 "owe their greatness to their country's ruin."--Are such fit men to
+point out objections 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 "wasteless ages of eternity?"--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.
+
+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.
+
+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;(7) 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 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.
+
+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 "de factos, plene proofs" and other chit-chat of the like kind, and
+disseminating his execrable "ideas," 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.
+
+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 of his "accents" being
+majestick as thunder, they are as harmless and insignificant as the feeble
+breeze.
+
+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.
+
+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.
+
+CASSIUS.
+
+
+
+
+Cassius, IV.
+
+
+The Massachusetts Gazette, (Number 385)
+
+FRIDAY, NOVEMBER 23, 1787.
+
+For the Massachusetts Gazette.
+
+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.
+
+I have before hinted, that the opposers of the plan of federal government
+are composed of knaves, harpies and debtors; and, I trust, it will soon
+appear, what I have said is not a bare assertion only, but a matter of
+fact.
+
+I shall now proceed to make a few remarks on the conclusion of "Vox
+Populi's," or rather Vox Insania's, production which appeared in last
+Friday's paper.
+
+Vox Populi requests the inhabitants of Massachusetts "to pay that
+attention to the federal constitution which the importance of its nature
+demands;" and informs them, that they "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," &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 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.
+
+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.
+
+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?
+
+But (in order without doubt to strike a greater dread upon their minds)
+Vox Populi says, "the oath is registered in Heaven." 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.
+
+Vox Populi asserts that the General Court(8) 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.
+
+They without doubt were anxious that the people should have 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.
+
+A writer under the signature of Examiner,(9) 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.
+
+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.
+
+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.
+
+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
+
+
+    "Cause treason, rapine, sacrilege and crimes,
+    To blot the annals of these western climes,"
+
+
+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.
+
+CASSIUS.
+
+
+
+
+Cassius, V.
+
+
+The Massachusetts Gazette, (Number 386)
+
+TUESDAY, NOVEMBER 27, 1787.
+
+For the Massachusetts Gazette.
+
+"Now there was a day when the sons of God came to present themselves
+before the Lord, and Satan came also among them.
+
+"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.
+
+"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?" &c., &c.
+
+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.
+
+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 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?
+
+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.
+
+Brethren and citizens, hearken to the voice of men who have dictated only
+for your and posterity's good; men who ever
+
+
+    "Have made the publick good their only aim,
+    And on that basis mean to build their fame."
+
+
+Listen not to the insinuations of those who will glory only in your
+destruction, but wisely persevere in the paths of rectitude.
+
+CASSIUS.
+
+
+
+
+Cassius, VI.
+
+
+The Massachusetts Gazette, (Number 387)
+
+FRIDAY, NOVEMBER 30, 1787.
+
+For the Massachusetts Gazette.
+
+MR. ALLEN:
+
+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.(10)
+
+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.
+
+Agrippa says, "the attempt has been made to deprive us," &c., "by exalting
+characters on the one side, and vilifying them on the other." And goes on,
+"I wish to say nothing of the merits or demerits of individuals, such
+arguments always do hurt." Immediately after this he insinuates that the
+members of the late federal convention have, "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." 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, that as absurdity, knavery and falsehood, is the
+general characteristick of anti-federalists, he might indulge himself in
+either of them, without meriting censure.
+
+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?
+
+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!
+
+
+    "Is there not some chosen curse,
+    Some hidden thunder in the stores of heaven,
+    Red with uncommon wrath, to blast the wretch,
+    Who dares pollute such names
+    So sacred, and so much belov'd?"
+    Methinks I hear each freeman cry,
+          Most certainly there is.
+
+
+CASSIUS.
+
+
+
+
+Cassius, VII.
+
+
+The Massachusetts Gazette, (Number 387)
+
+FRIDAY, NOVEMBER 30, 1787.
+
+For the Massachusetts Gazette.
+
+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.
+
+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--
+
+
+    "Some are bewilder'd in the maze of schools,
+    And some made criticks Nature meant but fools:
+    In search of wit these lose their common sense,
+    And then turn critics in their own defence."
+
+
+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.
+
+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.
+
+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.--
+
+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,(11) instead of saying he would 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.
+
+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.
+
+CASSIUS.
+
+
+
+
+Cassius, VIII.
+
+
+The Massachusetts Gazette, (Number 391)
+
+FRIDAY, DECEMBER 14, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE INHABITANTS OF THIS STATE:
+
+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.
+
+Sect. first, of the new constitution, says,
+
+"All legislative powers Herein Granted shall be vested in a congress of
+the United States."
+
+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.
+
+The second section of the federal constitution says, that the members of
+the house of representatives shall be chosen every 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?
+
+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.
+
+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 an Agrippa,(12) not to have a knowledge of
+the different concerns of the Confederation.
+
+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.
+
+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.
+
+Can any thing be more consistent with the strictest principles of
+republicanism?
+
+Each state is here upon an equal footing; for the house of representatives
+can of themselves do nothing without the concurrence of the senate.
+
+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.
+
+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.
+
+They have declared it to be arbitrary and tyrannical in the highest
+degree. But, fellow-citizens, your own good sense will 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.
+
+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.
+
+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.
+
+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.
+
+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 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;(13) 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.
+
+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.
+
+CASSIUS.
+
+(_To be continued._)
+
+
+
+
+Cassius, IX.
+
+
+The Massachusetts Gazette, (Number 392)
+
+TUESDAY, DECEMBER 18, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE INHABITANTS OF THIS STATE.
+
+(_Continued from our last._)
+
+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 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.
+
+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.
+
+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.
+
+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.
+
+This clause at once confutes every assertion of the antifederalists
+respecting the new congress being able to secure to themselves 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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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 should be
+enabled to establish a fund adequate to the exigencies of the Union.
+
+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.
+
+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!
+
+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.
+
+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.
+
+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.
+
+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.
+
+The absolute necessity of powers of this nature being vested in a federal
+head is indisputable.
+
+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, "all powers Herein Granted." If any act originates
+contrary to this, it will be of no effect, and a mere nullity.
+
+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.
+
+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.
+
+CASSIUS.
+
+(_To be continued._)
+
+
+
+
+Cassius, X.
+
+
+The Massachusetts Gazette, (Number 393)
+
+FRIDAY, DECEMBER 21, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE INHABITANTS OF THIS STATE.
+
+(_Continued from our last._)
+
+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.
+
+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.
+
+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?
+
+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.
+
+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.
+
+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.
+
+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.
+
+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
+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.
+
+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?
+
+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.
+
+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,(14) 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(15)--he seems to be one of those
+whom Pope describes when he says,
+
+
+    "Some are bewilder'd in the maze of schools," &c.
+
+
+I hope my readers will forgive this digression, when they consider 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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+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.
+
+They will find less difficulty in pursuing their various concerns than if
+it were otherwise.
+
+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.
+
+CASSIUS.
+
+(_To be Continued._)
+
+
+
+
+Cassius, XI.
+
+
+The Massachusetts Gazette, (Number 394)
+
+TUESDAY, DECEMBER 25, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE INHABITANTS OF THIS STATE.
+
+(_Concluded from our last._)
+
+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.
+
+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.
+
+You will remember, my countrymen, that the words of the constitution are,
+"All Powers Herein Granted."
+
+Section 4, of article IV. says, The United States shall guarantee to every
+state in the Union a Republican Form of Government; 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.
+
+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.
+
+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.
+
+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.
+
+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 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.--
+
+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.
+
+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.
+
+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.
+
+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.
+
+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 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.
+
+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.
+
+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?
+
+Thus the people of the United States, "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," have appointed a federal
+convention to "ordain and establish," 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.
+
+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.
+
+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 "on their country's
+ruin."
+
+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, "hail damn'd associates," see our high success!
+
+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 most foolish and inconsistent of all
+conduct, in rejecting it, entail on themselves and on their posterity,
+endless infamy.
+
+
+    "There is a tide in the affairs of men,
+    Which taken at the flood, leads on to fortune;
+    Omitted, all the voyage of their life
+    Is bound in shallowness."----
+
+
+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!
+
+CASSIUS.
+
+
+
+
+
+THE LETTERS OF AGRIPPA, ACCREDITED TO JAMES WINTHROP.
+
+
+Printed In The Massachusetts Gazette,
+November, 1787-January, 1788.
+
+
+
+
+Note.
+
+
+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 "Charles James Fox;" Dec. 28,
+1787, and Jan. 4, 1788, by "Kempis O'Flanagan," Jan. 22, and 25, 1788, by
+"Junius," and in the letters of Cassius, printed in this volume.
+
+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:
+
+
+    I feel myself _greatly hurt_ at the liberties lately taken by
+    certain _scribblers_ with the characters of the _hon._ E. Gerry
+    and James Winthrop, _esquire_, of Cambridge, two gentlemen, no
+    less distinguished for their _honesty_, _patriotism_, and
+    _extensive abilities_, than a Washington or a Franklin.
+
+    ... In regard to J. Winthrop, _esquire_, (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 _boast the pleasure of his acquaintance_, must _know that
+    insinuation_ is grounded on _falsehood_.
+
+    The heterogenous compound of nonsense and absurdity with which the
+    compositions of _Agrippa_ are so replete, are certainly not the
+    productions of a man so celebrated for his superior knowledge and
+    _understanding_.
+
+    In short, Mr. Printer, I hope you and your brother typographers
+    will be very careful how you are _guilty_ of _exposing_ such
+    _exalted characters_ in future.
+
+    OCRICO.
+
+
+
+
+Agrippa, I.
+
+
+The Massachusetts Gazette, (Number 385)
+
+FRIDAY, NOVEMBER 23, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.(16) The
+seceding members from the Pennsylvania Assembly also published theirs.(17)
+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.
+
+The idea of promoting the happiness of the people by opposing 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 _transfer of the market_, all under the
+pretence of regulation for _federal purposes_, we shall not find any
+additional reason to be pleased with the plan.
+
+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.
+
+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 _time of
+election_ and postpone it for another year. In truth, the question before
+the people is, _whether they will have a limited government or an absolute
+one_!
+
+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.
+
+Can there be any doubt which to choose? He that Hesitates must be base
+indeed.
+
+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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, II.
+
+
+The Massachusetts Gazette, (Number 386)
+
+TUESDAY, NOVEMBER 27, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE OF MASSACHUSETTS.
+
+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.
+
+Connecticut set out originally on the same principles, and has continued
+uniformly to exercise the powers of government to this time.
+
+During the last year,(18) 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.
+
+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 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.
+
+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.
+
+AGRIPPA.
+
+_November 24, 1787._
+
+
+
+
+Agrippa, III.
+
+
+The Massachusetts Gazette, (Number 387)
+
+FRIDAY, NOVEMBER 30, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.(19) 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 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.
+
+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(20) 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.(21) 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.(22) 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 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.
+
+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.
+
+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.
+
+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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, IV.
+
+
+The Massachusetts Gazette, (Number 388)
+
+TUESDAY, DECEMBER 3, 1787.
+
+TO THE PEOPLE.
+
+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.
+
+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.
+
+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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, V.
+
+
+The Massachusetts Gazette, (Number 390)
+
+TUESDAY, DECEMBER 11, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.
+
+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 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.
+
+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.
+
+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 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 _derangement_,
+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 _system_ 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, VI.
+
+
+The Massachusetts Gazette, (Number 391)
+
+FRIDAY, DECEMBER 14, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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--
+
+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 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.
+
+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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, VII.
+
+
+The Massachusetts Gazette, (Number 392)
+
+TUESDAY, DECEMBER 18, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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 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.
+
+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.
+
+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 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.
+
+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
+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.
+
+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.
+
+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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, VIII.
+
+
+The Massachusetts Gazette, (Number 394)
+
+TUESDAY, DECEMBER 25, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.
+
+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 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.
+
+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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, IX.
+
+
+The Massachusetts Gazette, (Number 395)
+
+FRIDAY, DECEMBER 28, 1787.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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.
+
+The remaining power for peace and trade might perhaps be safely enough
+lodged with Congress under some limitations. 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.
+
+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 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.
+
+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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, X.
+
+
+The Massachusetts Gazette, (Number 396)
+
+TUESDAY, JANUARY 1, 1788.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+_Friends and Brethren_,
+
+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.
+
+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, 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.
+
+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 "powers vested by this constitution in the
+government of the United States, or in _any department_ or officer
+thereof;" 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 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.
+
+"Commonwealth of Massachusetts. _Resolved_, 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:
+
+"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 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."(23)
+
+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 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.
+
+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 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--_Discern the things of your peace now in the
+days thereof, before they be hidden from your eyes_.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XI.
+
+
+The Massachusetts Gazette, (Number 398)
+
+TUESDAY, JANUARY 8, 1788.
+
+For the Massachusetts Gazette.
+
+TO THE PEOPLE.
+
+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 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, _to be like other nations_, 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.
+
+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 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
+_two hundred and ninety millions_ 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.
+
+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,(24) 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XII.
+
+
+The Massachusetts Gazette, (Number 399)
+
+FRIDAY, JANUARY 11, 1788.
+
+For the Massachusetts Gazette.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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.
+
+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 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.
+
+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.
+
+AGRIPPA.
+
+[_Remainder next Tuesday._]
+
+
+
+
+Agrippa, XIII.
+
+
+The Massachusetts Gazette, (Number 400)
+
+TUESDAY, JANUARY 14, 1788.
+
+(_Concluded from our last._)
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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 _Federal Republick_. 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 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.
+
+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 _our extreme liberty_. Already, have our ships visited every part of
+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.
+
+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 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.
+
+In article III, section 2, it is declared, that "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." Among the cases arising under this new constitution are
+reckoned, "all controversies between citizens of different states," 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 "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." 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 _supreme law_ of the land, and that all state judges
+are bound thereby, "_anything in the constitution or laws of any state to
+the contrary notwithstanding_." If this is not binding the judges of the
+separate states in their own office, by continental rules, it is perfect
+nonsense.
+
+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.
+
+By sect. 8 of article I, Congress are to have the unlimited right to
+regulate commerce, external and _internal_, 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 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.
+
+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.
+
+"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 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.
+
+"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 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."(25)
+
+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 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.
+
+[We are obliged, contrary to our intention, to postpone the remainder of
+Agrippa till our next.]
+
+
+
+
+Agrippa, XIV.
+
+
+The Massachusetts Gazette, (Number 401)
+
+FRIDAY, JANUARY 18, 1788.
+
+(_Concluded from our last._)
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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 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.
+
+Our present system is attended with the inestimable advantage of
+preventing unnecessary wars. Foreign influence is assuredly 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.(26) 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XV.
+
+
+The Massachusetts Gazette, (Number 402)
+
+TUESDAY, JANUARY 22, 1788.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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(27) 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 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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XV.
+
+
+The Massachusetts Gazette, (Number 403)
+
+FRIDAY, JANUARY 25, 1788.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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
+_intend_ 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.
+
+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. 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.
+
+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.
+
+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.
+
+AGRIPPA.
+
+(_Remainder next Tuesday._)
+
+
+
+
+Agrippa, XVII.
+
+
+The Massachusetts Gazette, (Number 404)
+
+TUESDAY, JANUARY 20, 1788.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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:
+
+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 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.
+
+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,(28) 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 _people_
+for the purposes of government, and not a compact between states. It
+begins in the name of the people, and not of the states.
+
+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.
+
+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 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.
+
+AGRIPPA.
+
+
+
+
+Agrippa, XVIII.
+
+
+The Massachusetts Gazette, (Number 406)
+
+TUESDAY, FEBRUARY 5, 1788.
+
+TO THE MASSACHUSETTS CONVENTION.
+
+_Gentlemen_,
+
+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 _the Rhode Island assembly have
+for a considerable time past had a bill lying on their __ table for
+altering the manner of elections for representatives in that state_.(29)
+He has stated it with all the zeal of a person who believed his argument
+to be a good one. But surely a _bill lying on a table_ can never be
+considered as any more than an _intention_ 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.
+
+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 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.
+
+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 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.
+
+"Resolved, that the constitution lately proposed for the United States be
+received only upon the following conditions:
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"6. Each state shall have the command of its own militia.
+
+"7. No continental army shall come within the limits of any state, other
+than garrison to guard the publick stores, without the consent of such
+states in time of peace.
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"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.
+
+"14. In all those causes which are triable before the continental courts,
+the trial by jury shall be held sacred."
+
+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
+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.
+
+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.
+
+We are now rising fast above our difficulties; everything at home has the
+appearance of improvement, government is well 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].
+
+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 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. _It will then be the constitution of our
+country, and entitled to defence._ 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.
+
+AGRIPPA.
+
+                  -------------------------------------
+
+_A writer in the Gazette of 29th January, under the signature of Captain
+M__c__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._
+
+
+
+
+
+REPLIES TO THE STRICTURES OF A LANDHOLDER, BY ELBRIDGE GERRY.
+
+
+Printed In The Massachusetts Centinel,
+And
+The American Herald,
+January-April 1788.
+
+
+
+
+Note.
+
+
+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 "A Landholder" were so
+positive, and so evidently written by a fellow member of the federal
+convention, that an answer was necessary.
+
+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 _American Herald_, I have
+been compelled to reprint the second article from the _New York Journal_.
+For more on this subject see the letters of A Landholder and of Luther
+Martin in this collection.
+
+
+
+
+Reply To A Landholder, I.
+
+
+The Massachusetts Centinel, (Number 32 of Volume VIII)
+
+SATURDAY, JANUARY 5, 1788.
+
+MR. RUSSELL:
+
+You are desired to inform the publick from good authority, that Mr. GERRY,
+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,
+"for the redemption of the old continental money;" 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 "were totally different from those which he
+published," that his only motive for dissenting from the Constitution, was
+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.
+
+_Cambridge, January 3, 1788._
+
+
+
+
+Reply To A Landholder, II.
+
+
+The New York Journal, (Number 2282)
+
+WEDNESDAY, APRIL 30, 1788.
+
+From the American Herald, printed at Boston.
+
+MR. GREENLEAF,
+
+As the Connecticut Landholder's publications are dispersed throughout the
+state, it will be useful for the sake of truth to publish the following.
+
+TO THE PUBLIC.
+
+An elegant writer, under the signature of "A Landholder," 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 "to his magnanimity," 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 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.
+
+In a late address to the honorable Luther Martin, Esquire, the Landholder
+has asserted, that Mr. Gerry "uniformly opposed Mr. Martin's principles,"
+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 "uniformly had a friendship for
+him."
+
+This writer has also asserted, "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." 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 "information," as he was
+fully possessed of the subject; and that his speech, if published, would
+do him great honor.
+
+Another assertion of this famous writer is, that Mr. Gerry in "a
+sarcastical reply, admired the strength of Mr. Martin's lungs, and his
+profound knowledge in the first principles of government;" that "this
+reply" "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." 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.
+
+Again, the Landholder has asserted that Mr. Martin voted "an appeal should
+lay to the supreme judiciary of the United States for the correction of
+all errors both in law and fact," and "agreed to the clause that declares
+nine states to be sufficient to put the government in motion;" and in a
+note says, "Mr. Gerry agreed with Mr. Martin on these questions." 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 "declares nine states to be sufficient to put the
+government in motion," 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.
+
+The Landholder having in a former publication asserted "that Mr. Gerry
+introduced a motion, respecting the redemption of old continental money"
+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 "out of 126 days, Mr. Martin attended only
+66," and then enquires "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?" and "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?"
+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.
+
+The Landholder addressing Mr. Martin, further says, "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." 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, "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." 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.
+
+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.
+
+The landholder says: "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;" but the landholder ventures to predict, "that though Mr. Martin
+was to double his efforts he would fail in his object." 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 manoeuvre 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
+"Mr. Martin thought" the office mentioned "destined for a different
+character?" 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 "to aggrandize old Massachusetts
+and the antient dominion" he has confessed enough to shew that his private
+meetings were solely to aggrandize himself.
+
+
+
+
+
+THE LETTERS OF A LANDHOLDER, WRITTEN BY OLIVER ELLSWORTH.
+
+
+Printed In
+The Connecticut Courant
+And
+The American Mercury,
+November, 1787-March, 1788.
+
+
+
+
+Note.
+
+
+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 _Connecticut Courant_ at
+Hartford and the _American Mercury_ at Litchfield, and this so clearly
+indicated Oliver Ellsworth as the writer that they were at once credited
+to his pen.
+
+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.
+
+
+
+
+A Landholder, I.
+
+
+The Connecticut Courant, (Number 1189)
+
+MONDAY, NOVEMBER 5, 1787.
+
+TO THE HOLDERS AND TILLERS OF LAND.
+
+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.
+
+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 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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+A Landholder, II.
+
+
+The Connecticut Courant, (Number 1190)
+
+MONDAY, NOVEMBER 12, 1787.
+
+TO THE HOLDER AND TILLERS OF LAND.
+
+_Gentlemen_,
+
+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.
+
+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
+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.
+
+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.
+
+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 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.
+
+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.
+
+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?
+
+To fear a general government or energetic principles least it should
+create tyrants, when without such a government all have 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.
+
+A LANDHOLDER.
+
+
+
+
+A Landholder, III.
+
+
+The Connecticut Courant, (Number 1191)
+
+MONDAY, NOVEMBER 19, 1787.
+
+TO THE HOLDERS AND TILLERS OF LAND.
+
+_Gentlemen_,
+
+When we rushed to arms for preventing British usurpation, liberty was the
+argument of every tongue.
+
+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 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.
+
+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.
+
+The right of the legislature to ordain laws binding on the people, gives
+them a power to make bad laws.
+
+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.
+
+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, 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.
+
+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 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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, IV.
+
+
+The Connecticut Courant, (Number 1192)
+
+MONDAY, NOVEMBER 26, 1787.
+
+_Remarks on the objections made by the Hon. Elbridge Gerry, to the new
+Constitution._(30)
+
+TO THE LANDHOLDERS AND FARMERS.
+
+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 "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 articles of confederation,"
+therefore by his own confession there was an indispensible necessity of a
+system, in many particulars entirely new. He tells us further "that if the
+people reject this altogether, anarchy may ensue," 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.
+
+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 "that there is no adequate provision for
+representation of the people." 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.
+
+Such a body of men might be an army to defend the country 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.
+
+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.
+
+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.
+
+If the Hon. gentleman, in saying "there is not adequate provision for the
+representation of the people," refers to the manner of choosing them, a
+reply to this is naturally blended with its second objection, that "they
+would have no security for the right of election." It is impossible to
+conceive what greater security can be given, by any form of words, than we
+here find.
+
+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.
+
+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.
+
+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: "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?"
+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 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.
+
+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:
+
+LANDHOLDER.
+
+
+
+
+The Landholder, V.
+
+
+The Connecticut Courant, (Number 1193)
+
+MONDAY, DECEMBER 3, 1787.
+
+_Continuation of Remarks on the Hon. Elbridge Gerry's Objections to the
+new Constitution._
+
+TO THE LANDHOLDERS AND FARMERS.
+
+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.
+
+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, "that some of the powers of the
+legislature are ambiguous, and others indefinite and dangerous." 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 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.
+
+It is an excellency of this Constitution that it is expressed with
+brevity, and in the plain, common language of mankind.
+
+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.
+
+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.
+
+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.
+
+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.
+
+A people cannot long retain their freedom, whose government is incapable
+of protecting them.
+
+The power of collecting money from the people, is not to be rejected
+because it has sometimes been oppressive.
+
+Public credit is as necessary for the prosperity of a nation as private
+credit is for the support and wealth of a family.
+
+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.
+
+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
+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?
+
+We find another objection to be "that the executive is blended with and
+will have an undue influence over the legislature." 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.
+
+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.
+
+We are further told "that the judicial departments, or those courts of
+law, to be instituted by Congress, will be oppressive." 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?
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, VI.
+
+
+The Connecticut Courant, (Number 1194)
+
+MONDAY, DECEMBER 10, 1787.
+
+
+    He that is first in his own cause seemeth just; but his neighbor
+    cometh and searcheth him.
+
+
+TO THE LANDHOLDERS AND FARMERS:
+
+The publication of Col. Mason's(31) 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 _ex post facto_, have been revised in New Y----k
+by R. H. L.(32) 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.
+
+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;(33) urging that a navigation act might otherwise be passed
+excluding foreign bottoms from 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.(34) 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.
+
+_The President of the United States has no council, etc._, says Col.
+Mason. His proposed council(35) would have been expensive--they 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.
+
+_There is no Declaration of Rights._ 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.
+
+_There is to be no ex post facto laws._ This was moved by Mr. Gerry and
+supported by Mr. Mason,(36) 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.
+
+_The general legislature is restrained from prohibiting the further
+importation of slaves for twenty odd years._ But every state legislature
+may restrain its own subjects; but if they should not, shall 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.
+
+_There is no declaration of any kind to preserve the liberty of the press,
+etc._ 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.
+
+_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._ 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 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.
+
+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.
+
+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 _The objections of the Hon. George Mason, etc._--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 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, "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."
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, VII.
+
+
+The Connecticut Courant, (Number 1195)
+
+MONDAY, DECEMBER 17, 1787.
+
+TO THE LANDHOLDERS AND FARMERS.
+
+I have often admired the spirit of candour, liberality, and justice, with
+which the Convention began and completed the important object of their
+mission. "In all our deliberation on this subject," say they, "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."
+
+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;
+that which has the most excellencies and fewest faults, is the best that
+we can expect.
+
+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.(37) 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.
+
+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. 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 500L 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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, VIII.
+
+
+The Connecticut Courant, (Number 1196)
+
+MONDAY, DECEMBER 24, 1787.
+
+TO THE HON. ELBRIDGE GERRY, ESQUIRE.
+
+_Sir_,
+
+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.
+
+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 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,(38) 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 "liberty
+of the press," the "bill of rights," the "blending of the executive and
+legislative," "internal taxation," or any other topic which you did not
+happen to think of while in convention.
+
+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 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.
+
+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.(39) 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.(40) These reasons were totally
+different from those which he has published, neither was a single
+objection which is contained in his letter to the legislature of
+Massachusetts ever offered by him in convention.
+
+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.
+
+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.
+
+With these advantages you might have past for a complete politician, and
+your duplicity might never have been detected.
+
+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.
+
+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.
+
+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.
+
+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 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.
+
+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 manoeuvers, I have the honor to be, Sir, with great respect,
+your very humble servant.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, IX.
+
+
+The Connecticut Courant, (Number 1197)
+
+MONDAY, DECEMBER 31, 1787.
+
+TO THE HON. GENTLEMEN CHOSEN TO SERVE IN THE STATE CONVENTION.(41)
+
+_Gentlemen_,
+
+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.
+
+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 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 way for chance to erect a government, which might now be
+established by deliberate wisdom. When government thus arises, it carries
+an iron hand.
+
+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.
+
+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 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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, X.
+
+
+The Maryland Journal, (Number 1016)
+
+FRIDAY, FEBRUARY 29, 1788.
+
+For the Maryland Journal, etc.
+
+TO THE HONOURABLE LUTHER MARTIN, ESQ.(42)
+
+_Sir_,
+
+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 "to aggrandise, at the
+expence of the small States, Old Massachusetts and the Ancient Dominion."
+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 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(43) 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.(44) You held the jargon,
+that notwithstanding 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 "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."
+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.(45) These are among the greater 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.(46) 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 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,(47)
+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 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,(48)
+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 "his colleagues
+were men of too much honor to assert that his reasons in Convention were
+totally different from those which he has published."
+
+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.(49) 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 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.
+
+February, 1788.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, X.
+
+
+[This number duplicates the preceding one, for an explanation of which see
+the foot-note to the first Number X.--_Ed._]
+
+The Connecticut Courant, (Number 1206)
+
+MONDAY, MARCH 3, 1788.
+
+TO THE CITIZENS OF NEW HAMPSHIRE.(50)
+
+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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, XI.
+
+
+The Connecticut Courant, (Number 1207)
+
+MONDAY, MARCH 10, 1788.
+
+TO THE CITIZENS OF NEW HAMPSHIRE.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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 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.
+
+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?
+
+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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+The Landholder presents his most respectful compliments to Hon W.
+Williams,(51) 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. 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.
+
+
+
+
+The Landholder, XII.
+
+
+The Connecticut Courant, (Number 1208)
+
+MONDAY, MARCH 17, 1788.
+
+TO THE RHODE ISLAND FRIENDS OF PAPER MONEY, TENDER ACTS AND
+ANTI-FEDERALISM.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+There are among you legislators eminent, through the union 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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+The Landholder, XIII.
+
+
+The Connecticut Courant, (Number 1209)
+
+MONDAY, MARCH 24, 1788.
+
+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.
+
+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 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.
+
+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.
+
+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 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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+A LANDHOLDER.
+
+
+
+
+
+A LETTER TO THE LANDHOLDER. BY WILLIAM WILLIAMS.
+
+
+Printed In
+The American Mercury,
+February 1788.
+
+
+
+
+Note.
+
+
+This letter was occasioned by the following communication, which was
+printed in the _Connecticut Courant_ for Monday, February 4, 1788, (number
+1202):
+
+TO THE HON. WILLIAM WILLIAMS, ESQ.
+
+_Sir_:--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 _religious
+test_ was the subject of debate, you took the liberty of saying _that the
+Landholder_ (in treating of the same subject) _had missed the point; that
+he had raised up a man of straw, and kicked it over again_. Now, Sir, I
+wish this matter may be fairly cleared up. I wish to know, what is the
+real point? Who and what the _real_ 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
+_you or I have missed the point_; and which of us has _committed the crime
+of making a man of straw_.
+
+Not doubting but you will have the candour to come to an explanation on
+this subject,
+
+I am, Sir, your humble servant,
+
+THE LANDHOLDER.
+
+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.
+
+
+
+
+Letter Of William Williams.
+
+
+The American Mercury, (Number 88)
+
+MONDAY, FEBRUARY 11TH, 1788.
+
+MR. BABCOCK:
+
+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
+"no religious test should ever be required as a qualification to any
+office or trust, &c." 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 following or
+similar terms, viz. _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_, 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 _be no
+security at all_, 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 _was building up a man of
+straw and knocking him down again_. 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 them,
+except the proposed test, and whether there is any reason in them or not,
+I submit to the public.
+
+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.
+
+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
+_the Constitution_, with this, and some other faults of another kind, was
+yet too wise and too necessary to be rejected.
+
+W. WILLIAMS.
+
+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.
+
+Feb. 2d, 1788.
+
+
+
+
+
+THE LETTERS OF A COUNTRYMAN. WRITTEN BY ROGER SHERMAN.
+
+
+Printed In
+The New Haven Gazette,
+November-December, 1787.
+
+
+
+
+Note.
+
+
+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.
+
+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 "had endeavored to show in a former
+piece."
+
+
+
+
+A Countryman, I.
+
+
+The New Haven Gazette, (Number 39)
+
+THURSDAY, NOVEMBER 14, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+You are now called on to make important alterations in your government, by
+ratifying the new federal constitution.
+
+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 _lose_ by the alterations, what effect it
+is to have on what he at present possesses, than what is to be _hoped_ for
+in the proposed expedient.
+
+Thus people are justly cautious how they exchange present advantages for
+the hope of others in a system not yet experienced.
+
+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 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?
+
+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.
+
+Has it ever been found, that people's property or persons were less
+regarded and less protected in large states than in small?
+
+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.
+
+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 _great men_
+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 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?
+
+
+
+
+A Countryman, II.
+
+
+The New Haven Gazette, (Number 40)
+
+THURSDAY, NOVEMBER 22, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+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.
+
+It is enough that you should have heard, that one party has seriously
+urged, that we should adopt the _New Constitution_ because it has been
+approved by _Washington_ and _Franklin_: and the other, with all the
+solemnity of apostolic address to _Men_, _Brethren_, _Fathers_, _Friends
+and Countryman_, have urged that we should reject, as dangerous, every
+clause thereof, because that _Washington_ is more used to command as a
+soldier, than to reason as a politician--_Franklin is old_, others are
+_young_--and _Wilson_ is _haughty_.(52) You are too well informed to decide
+by the opinion of others, and too independent to need a caution against
+undue influence.
+
+Of a very different nature, tho' only one degree better than the other
+reasoning, is all that sublimity of _nonsense_ and _alarm_, that has been
+thundered against it in every shape of _metaphoric terror_, on the subject
+of a _bill of rights_, the _liberty of the press_, _rights of conscience_,
+_rights of taxation and election_, _trials in the vicinity_, _freedom of
+speech_, _trial by jury_, and a _standing army_. These last are
+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.
+
+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
+_honeymoon_ of a new married couple, unless the _rulers were interested_
+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 _Magna Charta_ 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 _one branch_ of their legislature
+must be strongly interested to preserve the rights of the nation.
+
+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.
+
+Your General Assembly under your present constitution are 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.
+
+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.
+
+If you cannot prove by the best of all evidence, viz., by the _interest of
+the rulers_, 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.
+
+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.
+
+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, or may occasionally furnish subjects for
+_George Bryan's_ Pomposity, or the declamations of _Cato_--_An Old
+Whig_--_Son of Liberty_--_Brutus_--_Brutus junior_--_An Officer of the
+Continental Army_,--the more contemptible _Timoleon_, and the residue of
+that rabble of writers.
+
+
+
+
+A Countryman, III.
+
+
+The New Haven Gazette, (Number 41)
+
+THURSDAY, NOVEMBER 29, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+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?
+
+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.
+
+No people can be more secure against any oppression in their rulers than
+you are at present; and no rulers can have more supreme and unlimited
+authority than your general assembly have.
+
+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.
+
+
+
+
+A Countryman, IV.
+
+
+The New Haven Gazette, (Number 42)
+
+THURSDAY, DECEMBER 6, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+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.
+
+The best theory, the best philosophy on the subject, would be too
+uncertain for you to hazard your freedom upon.
+
+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 _literally, all the powers of
+society_. Can you--can you _possibly_ 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.
+
+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.
+
+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.
+
+It would be only a repetition to enter into a consideration of this
+difference between Congress and your Assembly.
+
+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.
+
+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 _attempt_ 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.
+
+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.
+
+
+
+
+A Countryman, V.
+
+
+The New Haven Gazette, (Number 44)
+
+TUESDAY, DECEMBER 20, 1787.
+
+TO THE PEOPLE OF CONNECTICUT.
+
+You do not hate to read Newspaper Essays on the new constitution, more
+than I hate to write them. Then _we will be short_--which I have often
+found the _best_ expression in a dull sermon, except the _last_.
+
+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.
+
+The design undoubtedly was, that the house of representatives should be a
+_popular_ 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 _principles_ 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.
+
+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? 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 _hereditary majesty_ and _nobility_. 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
+_only_ branch who are appointed by the people--and they are chosen but once
+in _seven years_. 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.
+
+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 _hereditary_ 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 _seven
+years_, unless this same monarch should _end_ 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 _liberty of the press_,--_trial
+by jury_,--_the rights of conscience, or of private property_.
+
+Can you then apprehend danger of oppression and tyranny from the too great
+duration of the power of _your_ rulers?
+
+
+
+
+
+THE LETTERS OF A CITIZEN OF NEW HAVEN, WRITTEN BY ROGER SHERMAN.
+
+
+Printed In
+The New Haven Gazette,
+December, 1789.
+
+
+
+
+Note.
+
+
+These letters are ascribed to Sherman on the authority mentioned at page
+213.
+
+In a letter from James Madison to Edmund Randolph, (_Correspondence_, 1,
+63), he says:
+
+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.
+
+In the _Writings of John Adams_, (VI, 427), is a correspondence between
+Adams and Sherman, produced by these articles, which should be studied in
+connection with them.
+
+
+
+
+A Citizen Of New Haven, I.
+
+
+The New Haven Gazette, (Number 48)
+
+THURSDAY, DECEMBER 4, 1788.
+
+_Observations on the Alterations Proposed as Amendments to the new Federal
+Constitution._
+
+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.
+
+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.
+
+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?
+
+2. That impeachments ought not to be tried by the senate, or not by the
+senate alone.
+
+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.
+
+3. It is said that the president ought not to have power to grant pardons
+in cases of high treason, but the congress.
+
+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.
+
+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.
+
+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.
+
+5. It is proposed to make the president and senators ineligible after
+certain periods.
+
+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.
+
+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.
+
+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.
+
+7. There is one amendment proposed by the convention of South Carolina
+respecting religious tests, by inserting the word _other_, between the
+words _no_ and _religious_ 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.
+
+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.
+
+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.
+
+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.
+
+Congress may make requisitions for supplies previous to direct 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.
+
+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.
+
+A CITIZEN OF NEW HAVEN.
+
+
+
+
+A Citizen Of New Haven, II.
+
+
+The New Haven Gazette, (Number 51)
+
+THURSDAY, DECEMBER 25, 1788.
+
+_Observations on the New Federal Constitution._
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+The liberty of the press can be in no danger, because that is not put
+under the direction of the new government.
+
+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.
+
+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?
+
+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.
+
+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.
+
+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?
+
+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.
+
+It was thought necessary in order to carry into effect the laws 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.
+
+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.
+
+A CITIZEN OF NEW HAVEN.
+
+
+
+
+
+THE LETTERS OF CATO, WRITTEN BY GEORGE CLINTON.
+
+
+Printed In
+The New York Journal,
+September-January, 1787-8.
+
+
+
+
+Note.
+
+
+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:
+
+
+    OCTOBER 18, 1787.
+
+    _Dear Sir_:
+
+    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 _reason_ and
+    _fairness_ of his views, I send you the two essays, with a reply
+    by Caesar. 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.
+
+    A. HAMILTON.
+
+
+This copy, so obtained, seems to have been the basis of the following note
+in the _New York Journal_:
+
+
+    "A writer in the state of New-York, under the signature of
+    _Cesar_, came forward against the patriotic _Cato_ and endeavoured
+    to frighten him from starting any objections and threatened that
+    '_Cato_ would be followed by _Cesar_ in all his marches;' but we
+    find that as soon as ever _Cato_ came freely to discuss the merit
+    of the constitution _Cesar_ retreated and disappeared: and since
+    that a publication under the signature of Publius ... has appeared
+    in that state."
+
+
+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 _Caesar_ mentioned above.
+
+
+
+
+Cato, I.
+
+
+The New York Journal, (Number 2134)
+
+THURSDAY, SEPTEMBER 27, 1787.
+
+For the New York Journal.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK:
+
+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.
+
+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 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.
+
+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 _unshaken perseverance_ 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.
+
+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.
+
+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.
+
+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 _politics_, as well as
+in religious faith, every man ought to think for himself.
+
+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.
+
+CATO.
+
+_Sept. 26, 1787._
+
+
+
+
+Cato, II.
+
+
+The New York Journal, (Number 2136)
+
+THURSDAY, OCTOBER 11, 1787.
+
+For the New York Journal.
+
+_To the_ CITIZENS _of the_ STATE _of_ NEW YORK:
+
+
+    "Remember, O my friends! the laws, the rights,
+    The generous plan of power deliver'd down,
+    By your renown'd Forefathers;
+    So dearly bought, the price of so much blood!
+    O let it never perish in your hands!
+    But piously transmit it to your children."
+
+
+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 CAESAR, 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 Caesar holds. I shall take no other cognizance of
+his remarks on the _questionable_ shape of my future, or the _equivocal_
+appearance of my past reflections, than to declare, that in my past, I did
+not mean to be misunderstood (for Caesar 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 Caesar--he ridicules
+your prerogative, power, and majesty--he talks of this _proffered
+constitution_ 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
+_proffered_--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 Caesar, are you to have Caesar's principles crammed
+down your throats with an army? God forbid!
+
+In democratic republics the people collectively are considered 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 Caesar
+mocks your dignity and laughs at the majesty of the people. Caesar, 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 Caesar. 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 Caesar is candid enough to make the same
+declaration, for he thinks it _might_ have been more perfect.
+
+But to call in dispute, at this time, and in the manner Caesar 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 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 _proffered_ 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.(53) 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 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 Caesar 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 Caesar, 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.
+
+CATO.
+
+
+
+
+Cato, III.
+
+
+The New York Journal, (Number 2138)
+
+THURSDAY, OCTOBER 25, 1787.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK:
+
+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.
+
+Although I am conscious that this is an arduous undertaking, yet I will
+perform it to the best of my ability.
+
+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.
+
+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 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 _form a
+perfect union, establish justice, insure domestic tranquility, promote the
+general welfare, and secure the blessings of liberty to you and your
+posterity_, 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.
+
+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, _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_--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.
+
+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, 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, _is a
+government derived from neither nature nor compact_.
+
+_Political liberty_, the great Montesquieu again observes, _consists in
+security, or at least in the opinion we have of security_; and this
+_security_, therefore, or the _opinion_, 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.
+
+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
+_property_ 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
+_domestic tranquility_ without the 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.
+
+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?
+
+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?
+
+It may be suggested, in answer to this, that whoever is a citizen 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.
+
+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.
+
+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.
+
+CATO.
+
+
+
+
+Cato, IV.
+
+
+The New York Journal, (Number 2140)
+
+THURSDAY, NOVEMBER 8, 1787.
+
+For the New York Journal.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK:
+
+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.
+
+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 _chief_, 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 president, delineates his duties and powers; and, lastly,
+declares the causes for which the president and vice-president shall be
+removed from office.
+
+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 _statedly_ 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.
+
+It is remarked by Montesquieu, in treating of republics, that _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_. 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 _ambition_, which in a republican magistrate
+is also remarked, _to be pernicious_, 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, _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_. 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 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.
+
+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.
+
+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--_ambition with idleness_--_baseness with pride_--_the thirst of
+riches without labor_--_aversion to
+truth_--_flattery_--_treason_--_perfidy_--_violation of engagements_--_contempt
+of civil duties_--_hope from the magistrate's weakness_; _but above all,
+the perpetual ridicule of virtue_--these, he remarks, are the
+characteristics by which the courts in all ages have been distinguished.
+
+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 _meanly born_, and
+in adulation to people of fortune and power.
+
+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 powers,
+besides always giving to some one state, from which he is to come, an
+unjust pre-eminence.
+
+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.
+
+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 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 _imperfect
+aristocracy_ bordering on monarchy may be established.
+
+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.
+
+CATO.
+
+
+
+
+Cato, V.
+
+
+The New York Journal, (Number 2145)
+
+THURSDAY, NOVEMBER 22, 1787.
+
+For the New York Journal, &c.
+
+_To the_ CITIZENS _of the_ STATE _of_ NEW YORK.
+
+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.
+
+And here I cannot help remarking that inexplicitness seems to pervade this
+whole political fabric; certainly in political compacts, which Mr. Coke
+calls _the mother and nurse of repose and quietness_ 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 _to live by one man's will became the cause of
+all men's misery_. 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 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 Caesar, Caligula,
+Nero and Domitian in America, as the same causes did in the Roman Empire.
+
+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; these are some of the many evils that will
+attend the adoption of this government.
+
+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.
+
+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 _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_. He remarks further that _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_; but the framers of this _perfect government_, 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.
+
+It is a very important objection to this government, that the
+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,(54) 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.
+
+CATO.
+
+
+
+
+Cato, VI.
+
+
+The New York Journal, (Number 2163)
+
+THURSDAY, DECEMBER 16, 1787.
+
+For the New York Journal, &c.
+
+_To the_ PEOPLE _of the_ STATE _of_ NEW YORK.
+
+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 "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." 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 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?
+
+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 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.
+
+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.
+
+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 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 "that the levying
+taxes by the poll is grievous and oppressive, and ought to be abolished."
+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.
+
+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 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.
+
+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.
+
+CATO.
+
+
+
+
+Cato, VII.
+
+
+The New York Journal, (Number 2181)
+
+THURSDAY, JANUARY 3, 1788.
+
+For the New York Journal, &c.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK.
+
+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, _convene both houses or
+either of them_. No occasion can exist for calling the assembly without
+the senate; the words _or either of them_ 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 an impartial judicature? And will they not rather serve as a screen to
+great public defaulters?
+
+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 _argumentum
+absurdum_; 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
+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.
+
+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 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 "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." Montesquieu observes that "the course of government is
+attended with an insensible descent to evil, and there is no reascending
+to good without very great efforts." 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?
+
+CATO.
+
+
+
+
+
+THE LETTERS OF CAESAR, WRITTEN BY ALEXANDER HAMILTON.
+
+
+Printed In
+The Daily Advertiser,
+October, 1787.
+
+
+
+
+Note.
+
+
+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 _Cato_,
+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 _Caesar_ and his beginning again anew in
+_The Federalist_; 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.
+
+
+
+
+Caesar, I.
+
+
+The Daily Advertiser, (Number 812)
+
+MONDAY, OCTOBER 1, 1787.
+
+The citizens of the State of New York have received yesterday, from _Cato_
+(an ally of _Pompey_, 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, "as will promote our welfare and be
+justified by reason and truth." 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 _questionable
+shape_, they should have passed unheeded.
+
+Cato tells us that he will not _directly engage as an advocate_ for this
+new form of government, or as an _opponent_. Here Cato, without any
+dispute, acts prudently. It will be wise in him to rest awhile; since he
+has given a _preface_, 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
+_start fair_. A little caution, however, he thinks necessary to be given
+the meantime. "Do not," says this prudent censor, in addressing the
+citizens, "because you will admit that _something_ must be done, adopt
+_anything_." 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 against the new constitution; and, in effect,
+by a periphrastic mode of speech, recommending the rejection of it?
+"_Teach_ the members of the Convention (Cato _very modestly_ 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 _or give you another_." O excellent thought, and happily
+advised! Be clamorous, my friends--be discontented--assert your
+prerogative--forever assert the power and _majesty of the people_. I am not
+willing to suspect any man's intentions, when they aim at giving
+information; but when they come abroad, couched in such _magisterial_
+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 _now a time_ 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 _excellent whole_, because, perhaps some of its parts
+_might have been_ more perfect? There is neither virtue or patriotism in
+such conduct. Besides, how can Cato say, "that the door is now open to
+receive any amendments, or give us _another constitution_, if required?" I
+believe he has advanced this without proper authority. I am inclined to
+believe that the _door of recommendation is shut and cannot be opened by
+the same men_; that the Convention, in one word, is dissolved; if so we
+must reject IN TOTO, or _vice versa_; 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 sagaciously observes, that the _best and wisest man may
+err_; and thence asserts, that every man in _politics_, 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 _clear heads_ and _good
+hearts_, to join his fellow-citizens, and endeavor to reconcile this
+_excellent constitution_ to the _weak_, the _suspicious_, and the
+_interested_, 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 _this state_, 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 _an army_.
+
+Cato, it appears, intends to adventure on perilous grounds; it will
+therefore become him to be cautious on what terms he takes the field. "He
+advises us to attach ourselves to measures, and not to men." In this
+instance he advises well; and I heartily recommend it to _himself_, and
+not to forget the force of that important admonition; for Cato, in his
+future marches, will very probably be _followed_ by
+
+CAESAR.
+
+Friday.
+
+
+
+
+Caesar, II.
+
+
+The Daily Advertiser, (Number 826)
+
+WEDNESDAY, OCTOBER 17, 1787.
+
+For the Daily Advertiser.
+
+
+    "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."
+
+
+MR. CHILDS:
+
+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 _avowed Citizens_, could
+have no good tendency at _this time_. 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 _change_. I conceived, therefore, that the wish of every good man
+would be, that _this change might be peaceably effected_. With this view I
+opposed myself to Cato. I asserted, in my last, _that the __ door of
+recommendation was shut, and cannot be opened by the same men--that the
+Convention was dissolved._ 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 _again meet_,
+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 _this subject_, 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 _open such a door_, 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 _absolute Sovereignty_. 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 _all power is seated in the people_.
+For my part, I am not much attached to the _majesty of the multitude_, 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 _form_ of a government; whether
+it is constituted on such principles as will restrain arbitrary power, on
+the one hand, 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 _God_, 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, _who are judges of it_? 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 _inherent rights_. 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
+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 _one_, 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 _that_ 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 _such a change_? If you have--go--retire into
+silent obscurity, and kiss the rod that scourges you.
+
+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 _power_, 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 _their_ good, if an advantageous
+compromise can be effected for _themselves_.
+
+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 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 _usurpation_, (Cato, this expression is very
+indecent--but I will rouse no passions against you) this consolidated
+system Congress did not approve and _therefore_ have been _silent_ 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 _generous plan of government_ for the _United States_
+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 _generous
+plan of power delivered down by their renowned forefathers_. 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.
+
+Cato complains of my anticipating parts of his subject which he intended
+for future periods. I shall break in no more upon his _arrangements_. All
+he can say against the New Constitution has been already disseminated in a
+neighboring State by the glorious defenders of _Shayism_. I shall
+therefore leave Cato to the wicked influences of his own heart, in the
+fullest persuasion that all good 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 _that day_ 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 _power_ and ascertaining
+the _decline_ of the ancient nations in Christendom.
+
+CAESAR.
+
+October 15.
+
+
+
+
+
+THE LETTERS OF SYDNEY. WRITTEN BY ROBERT YATES.
+
+
+Printed In
+The New York Journal,
+June, 1788.
+
+
+
+
+Note.
+
+
+_Sydney_ 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 _Brutus_,
+written to influence the people, but the elections had taken place before
+the appearance of _Sydney_, 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.
+
+
+
+
+Sydney, I.
+
+
+The New York Journal, (Number 2320)
+
+Friday, June 13, 1788.
+
+For the Daily Patriotic Register.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK.
+
+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.
+
+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 "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."
+
+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 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 "to promote the
+general welfare and secure the blessings of liberty to ourselves and our
+posterity," 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 "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."
+
+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: "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 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."
+
+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 "under the former
+government should be totally suppressed, and all the power of government
+exerted under the authority of the people of the colonies;" 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 "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," and
+as such, the constitution to be formed would operate as a bill of rights.
+
+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 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?
+
+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.
+
+The 1st and 37th paragraphs of the constitution of the state of New York.
+
+The 1st "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."
+
+The 37th, "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."
+
+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 respecting the Indian affairs in
+this state, are a series of violations of these paragraphs, and of the
+13th article of the confederation.
+
+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.
+
+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 "to the sole and express purpose of revising and amending
+the confederation."
+
+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.
+
+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 "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."
+It therefore was a violation of the confederation and of the rights of the
+state for the congressional commissioners of Indian affairs to 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 "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." 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 "to regulate commerce with foreign nations, and among the
+several states, and with the Indian tribes," 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 "imposts or duties on imports," and if they do
+they shall be for the use of the treasury of the United States--and all
+such laws subject to the revision and controul of Congress.
+
+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.
+
+II, III, IX, XII, AND XXXI.
+
+The second paragraph provides "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."
+
+The ninth provides "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."
+
+The twelfth paragraph provides "that the senate shall, in like manner, be
+judges of their own members," etc.
+
+The 31st describes even the stile of laws--that the stile of all laws shall
+be as follows: "Be it enacted by the people of the state of New York
+represented in senate and assembly," 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.
+
+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 "the governor, the chancellor and judges of the supreme
+court, shall revise all bills about to be passed into laws, by the
+legislature."
+
+The powers vested in the legislature of this state by these paragraphs
+will be weakened, for the proposed new government declares that "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," and it further prescribes, that "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."
+
+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 "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," and also "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."
+
+Art. 1st, sect. 7, provides a qualified negative, that is, that "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."
+
+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 "guarantee of a republican
+form of government to every state in the union" be of any avail, or secure
+the establishment and retention of state rights?
+
+If this guarantee had remained, as it was first reported by the committee
+of the whole house, to wit, ... "that a republican constitution, and its
+existing laws, ought to be guaranteed to each state by the United States,"
+it would have been substantial; but the changing the word _constitution_
+into the word _form_ bears no favorable appearance.
+
+IV, V, XII, XVI.
+
+The fourth provides, "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." 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 "the times, places
+and manner of holding elections for senators and representatives shall be
+prescribed in each state by the legislature thereof," yet, as it provides
+that "Congress may at any time by law, make or alter those regulations,
+except as to places of chusing senators"--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.
+
+FROM THE VITH TO THE XIITH.
+
+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.
+
+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.
+
+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.
+
+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 _ins_, were for extending the
+prerogative of the crown, while the _outs_ 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 _ins_ 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 _outs_ 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.
+
+SYDNEY.
+
+
+
+
+Sydney, II.
+
+
+The New York Journal, (Number 2321)
+
+SATURDAY, JUNE 14, 1788.
+
+For the Daily Patriotic Register.
+
+TO THE CITIZENS OF THE STATE OF NEW YORK.
+
+(Concluded from yesterday's paper.)
+
+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.
+
+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 L100 estate
+had one vote; a man of L1000 should have ten, and a man of ten thousand
+pounds a hundred, and so on in the same ratio. 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.
+
+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.
+
+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.
+
+By the 13th paragraph "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."
+
+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.
+
+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.
+
+There can be no doubt that if the new government be adopted 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 "to every
+state in the union a republican form of government;" we may be allowed the
+form and not the substance, and that it was so intended will appear from
+the changing the word _constitution_ to the word _form_ and the omission
+of the words, _and its existing laws_. 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,
+"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."
+
+By the 9th clause of the same section, "To constitute tribunals inferior
+to the court."
+
+By the 18th clause, "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."
+
+The 3d art., 1st sec., "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."
+
+By sec. 2nd, "The judicial power shall extend to all cases in law and
+equity." 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.
+
+By the 3d art., 3d sec., "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." By 1st
+art., 9th sec., 3d clause, "No bill of attainder or ex post facto law
+shall be passed."
+
+XVII, XVIII, XIX, XX, XXI, XXIII, XL.
+
+The 17th orders "That the supreme executive power and authority of this
+State shall be vested in a governor." 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.
+
+By the 19th paragraph he is to see that the laws and resolutions of the
+legislature be faithfully executed.
+
+By the 27th he is president of the council of appointment, and has a
+casting vote and the commissioning of all officers.
+
+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.
+
+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.
+
+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.
+
+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.
+
+And by the 2nd art., 2d sec., "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."
+
+And by the 6th art., "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." Can this oath be taken by those who have already taken one
+under the constitution of this state?
+
+XVIII, SEC. 17; XIX, SEC. 17; XX SEC. 17; XXI, SEC. 17; XXIII, SEC. 17;
+XXII TO XXX INCLUSIVE.
+
+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.
+
+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.
+
+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.
+
+Twenty-five and 28, which offices are incompatible, and the tenure and
+duration of such officers.
+
+Twenty-six, that sheriffs and coroners be annually appointed, and shall
+not continue more than four years.
+
+Twenty-seven, that the officers of the court be appointed by the
+respective courts, except the attorneys, by the first judge of every
+court.
+
+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.
+
+Thirty, directs the mode how the delegates to represent this state in the
+general Congress of the United States shall be elected.
+
+I apprehend that the paragraphs aforesaid will be compleatly rendered
+unoperative by the following articles in the new constitution:
+
+Second article, second section, second clause, the president "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." By the 1st art., 8 section, 9, 18 clauses, Congress
+have power "to constitute tribunals inferior to the supreme court, 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."
+
+By the third article, 2d section, there is an extensive federal power as
+above-mentioned.
+
+By the 2d article, 2d section, the president "shall take care that the
+laws be faithfully executed, and shall commission all the officers of the
+United States."
+
+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.
+
+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.
+
+The 32d paragraph orders, "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."
+
+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.
+
+The 34th allows the parties impeached or indicted for crimes and
+misdemeanors to have counsel.
+
+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.
+
+By 3d art., 2d sec, 3d clause, the trial of all crimes is regulated.
+
+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.
+
+XXXIII, SEC. 32; XXXIV, SEC. 32; XXXV, SEC. 13; XXXVII, SEC. 1; XXXVIII,
+XXXIX.
+
+The 38th paragraph provides "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."
+
+The 39th provides that "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."
+
+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.
+
+XLII.
+
+This paragraph provides "that it shall be in the discretion of the
+legislature to naturalize all such persons and in such manner as they
+shall think proper."
+
+The 1st art., 8 sec., 4th clause, give to the new government power to
+establish a uniform rule of naturalization.
+
+And by the 4th art., 2d sec., "the citizens of each state shall be
+entitled to all the privileges and immunities of citizens in the several
+states," whereby the clause is rendered entirely nugatory.
+
+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 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 "to provide for the
+general welfare of the United States," 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.
+
+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 Americae.
+
+SYDNEY.
+
+
+
+
+
+CURSORY REMARKS BY HUGH HENRY BRACKENRIDGE.
+
+
+Printed In
+The American Museum,
+April, 1788.
+
+
+
+
+Note.
+
+
+This article first appeared in _The Pittsburgh Gazette_, but as I have not
+been able to find a file of that paper, I have been compelled to reprint
+it from _The American Museum_. It was anonymous, but its authorship is
+settled by its republication in Brackenridge's "_Gazette Publications_,"
+printed in book form in 1806.
+
+
+
+
+Cursory Remarks.
+
+
+The American Museum, (Number 4)
+
+APRIL, 1788.
+
+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.
+
+The first thing that strikes a diligent observer, is the want of
+precaution with regard to the _sex_ 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 _old woman_ at the head of our affairs? But what security have we
+that he shall be a _white man_? What would be the national disgrace if he
+should be elected from one of the southern states, and a _vile negro_
+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 _freeman_? 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 _perfect parts_? Shall we, in affairs of a civil
+nature, leave a door open to lame men, bastards, eunuchs, and the devil
+knows what?
+
+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 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.
+
+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.
+
+But what avails it to dwell on these things? The want of a _bill of
+rights_ is the great evil. There was no occasion for a bill of _wrongs_;
+for there will be wrongs enough. But oh! a _bill of rights_! What is the
+nature of a bill of rights? "It is a schedule or inventory of those powers
+which Congress do not possess." 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--
+
+1. The _rights of conscience_ 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.
+
+2. The _liberty of the press_--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.
+
+3. The _trial by jury_--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.
+
+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 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(55) in state affairs?
+
+Were it not on this principle that we are able to account for it, it might
+be thought strange that old Livingston,(56) 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.
+
+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?
+
+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.
+
+I shall content myself at present with these strictures, but shall
+continue them from time to time as occasion may require.
+
+
+
+
+
+LETTER OF CAUTION, WRITTEN BY SAMUEL CHASE.
+
+
+Printed In
+THE MARYLAND JOURNAL,
+October, 1788.
+
+
+
+
+Note.
+
+
+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 _post_. 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:
+
+
+    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.
+
+    (Published by request of many electors of Baltimore Town.)
+
+    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.
+
+    _September 26, 1787._
+
+    Having been informed that my engagements of yesterday, to the
+    meeting at the Court House, "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," 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 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.
+
+    SAMUEL CHASE.
+
+    _Baltimore, September 27, 1787._
+
+
+There are attacks on Chase, by "Steady" in the _Maryland Journal_ of
+September 28, 1787, and by "Spectator," in the _Maryland Journal_ of
+October 9, 1787.
+
+
+
+
+Caution.
+
+
+The Maryland Journal, (Number 976)
+
+FRIDAY, OCTOBER 12, 1787.
+
+TO THE INHABITANTS OF BALTIMORE TOWN,
+
+An attempt to _surprise_ you into any _public_ 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 _hastily_ 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, _without any amendment or alteration_.
+
+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 of the petition is to draw you into a
+declaration in favour of the _whole_ 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 _real_ intention of the promoters and
+carriers of this petition was _only_ to obtain your opinion in favour of
+calling a Convention, it might have been expressed in a _few_ 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.
+
+In my opinion, it is not necessary or proper for you, _at this time_, to
+express your approbation, or disapprobation, of the new constitution for
+the United States, for the following reasons:
+
+First--because the decision, _for_ or _against_ 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 _both_ 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 _chance_ and not by _reason_.
+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 _haste_, on so momentous a subject, it is not
+_unreasonable_ to require their motives; and it is not _uncharitable_ to
+suspect that they are improper; and no possible mischief or inconvenience
+can happen from delay.
+
+_October 11, 1787._
+
+CAUTION.
+
+
+
+
+
+LETTER OF A FRIEND TO THE CONSTITUTION, WRITTEN BY DANIEL CARROLL.
+
+
+Printed In
+The Maryland Journal,
+October, 1787.
+
+
+
+
+Note.
+
+
+Daniel Carroll wrote Madison that he had replied to Chase's "Caution," 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.
+
+
+
+
+A Friend To The Constitution.
+
+
+The Maryland Journal, (Number 977)
+
+TUESDAY, OCTOBER 16, 1787.
+
+TO THE INHABITANTS OF BALTIMORE TOWN.
+
+You have been addressed in the last Friday's paper, by a writer under the
+signature of _Caution_, who would persuade you that you ought to withhold
+your approbation, at this time, from the Federal Constitution recommended
+by the Convention.
+
+This writer may have the best intentions in the world towards the _public
+welfare_, and the _prosperity of Baltimore_; 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 _at this time_, but
+at any _future time_.
+
+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 _recent promise_ 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.
+
+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, _for their assent and
+ratification_.
+
+Mr. C---- being called upon, before his election, to declare himself on this
+point, promises to the people, "that he will use his endeavours, if
+elected, to call a Convention."
+
+I would just observe on this resolve and promise: First--that the resolve
+makes it an _absolute condition_ that the legislature recommend a
+Convention _to assent to, and ratify, the Constitution_. Secondly--that the
+_promise_ made by Mr. C---- is obligatory upon him, to use his endeavors to
+procure a Convention _for this purpose_.
+
+Another remark, which occurs on this occasion, is, that Mr. C---- could not
+mean that a Convention ought to be called _for any other purpose_ 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 _contrary_ 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 _author of Caution_, who argues strenuously,
+though indirectly, _against adopting the Constitution_.
+
+From this brief view of the nature and intention of the resolve, I think
+it is evident that the people ought, _without delay_, to signify their
+approbation of the Constitution by _a petition to the legislature_, 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 _authority of the largest and most promising commercial and
+manufacturing Town in the State_ to countenance so _important a
+recommendation_. But _Caution_ thinks a petition _improper_ and
+_unnecessary_; because, says he, "your Delegates will move for, and exert
+themselves to procure, the calling a Convention." Admitting your Delegates
+to move to have a Convention called, does it follow that they will add to
+their motion these _essential words, to confirm and ratify the
+Constitution_? 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 _propriety_ and _necessity_ of a petition does not depend
+on what your Delegates may, or may not do. It is _proper_ at this time,
+because the Constitution meets your approbation. It is _necessary_ at this
+time, because wanted as an inducement to the legislature to call upon the
+people to appoint a Convention to carry into effect the object of the
+resolution. In other words, as the recommendation for a Convention
+_involves the legislature in a complete approbation of the Constitution_,
+there is the greatest _propriety_ and _necessity_ for your telling the
+legislature _that it meets your approbation_.
+
+I am sorry to find, by _Caution's_ 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 _so
+peculiarly interested in its speedy adoption_. 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.
+
+"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 _public good_; and I do not
+mean to make any personal reflection, when I add, that it is _the interest
+of a very numerous, powerful and respectable body to counteract and
+destroy the excellent work produced by the late Convention_. 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.
+_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._ I will confess, indeed, that I am not a blind admirer of
+this plan of government, and _that there are some parts of it_, 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 am satisfied that anything _nearer to perfection_
+could not have been accomplished. If there are errors, _it should be
+remembered_, 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 _alterations and amendments_. Regarding it, then, in every point
+of view, with a candid and disinterested mind, I am bold to assert, that
+is the _best form of government which has ever been offered to the
+world_."
+
+A FRIEND TO THE CONSTITUTION.
+
+_Baltimore, October 13, 1787._
+
+
+
+
+
+THE LETTERS OF LUTHER MARTIN.
+
+
+Printed In
+The Maryland Journal,
+January-March, 1788.
+
+
+
+
+Note.
+
+
+Luther Martin, afterwards nick-named the "bull-dog of federalism," was at
+this time the leading Anti-federalist in Maryland. From his pen came the
+pamphlet entitled _Genuine Information ... Relative to the Proceedings of
+the General Convention_; and when the "Landholder," (see _Ante_, 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.
+
+In the _New York Journal_ 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.
+
+
+
+
+Luther Martin, I.
+
+
+The Maryland Journal, (Number 1004)
+
+FRIDAY, JANUARY 18, 1788.
+
+MR. WILLIAM GODDARD:
+
+_Sir_,
+
+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 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, "that it was a
+monster of such horrid mien, as to be hated need but to be seen." 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, 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.
+
+I am, sir, your very obedient servant,
+
+LUTHER MARTIN.
+
+_Baltimore, January 13, 1788._
+
+
+
+
+Luther Martin, II.
+
+
+The Maryland Journal, (Number 1018)
+
+FRIDAY, MARCH 7, 1788.
+
+MR. GODDARD:
+
+_Sir_,
+
+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,(57) 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 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 "stated" all the
+"information" on this subject that was necessary or material, and that I
+left no defect for the Landholder to supply. I there mentioned that "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." 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 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 "necessary information." 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 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 "minutely informed"
+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: "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," &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 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 "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;" 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 "committee," 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 there was no committee while I was there, of whose proceedings I was
+not at least "so minutely informed," 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 "by the Convention." 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
+"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." 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 "face to face with his
+colleagues in the Convention of Massachusetts," why did he not, unless he
+wished to mislead the public, also inform us for what purpose he was
+there?
+
+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 "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;" 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 "if charges against Mr.
+Gerry are not true why do not his colleagues contradict them?" and "why is
+it that we do not see Mr. McHenry's verification of your assertions?" If
+these Gentlemen were to do Mr. Gerry that justice, he might as well
+inquire "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." When the
+Landholder in his eighth number addressed himself to Mr. Gerry he
+introduces his charges by saying "you doubtless will recollect the
+following state of facts; if you do not every member of the Convention
+will attest them." 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 "attest" his statement of facts. Many reasons
+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,(58) 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 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.
+
+I am, sir, your very humble servant,
+
+LUTHER MARTIN.
+
+_Baltimore, March 3, 1788._
+
+
+
+
+Luther Martin, III.
+
+
+The Maryland Journal, (Number 1021)
+
+TUESDAY, MARCH 18, 1788.
+
+Number I.
+
+TO THE CITIZENS OF MARYLAND.
+
+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 when I had the honour of being
+called before the House of Delegates. No "extreme modesty" on my part was
+requisite to induce me to conceal the "sacrifice of resentments" 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 "doubtless must
+remember Mr. Gerry and myself never voted alike, except in the instances"
+he has mentioned. As little foundation is there in his assertion, that I
+"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." 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. 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 "private meetings" 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 "placed beyond the
+reach of ordinary panegyrick," and to that "magnanimity" 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 "draws aside the veil," 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 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 "endless garrulity," 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 "opened in a speech which held during two
+days." 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 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
+"alone advocated the political heresy, that the people ought not to be
+trusted with the election of representatives." 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 "political heresy," 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
+"jargon" attributed to me of maintaining that "notwithstanding each state
+had an equal number of votes in the senate, yet the states were unequally
+represented in the senate," the Landholder has all the merit of its
+absurdity; nor can 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.(59) 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.
+
+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 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 "I contended the powers and authorities of the new
+constitution must destroy the liberties of the people," he for once
+stumbled on the truth, but even this he could not avoid coupling with an
+assertion utterly false. I never suggested that "the same powers could be
+safely entrusted to the old Congress;" 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.
+
+LUTHER MARTIN.
+
+_Baltimore, March 14, 1788._
+
+
+
+
+Luther Martin, IV.
+
+
+The Maryland Journal, (Number 1022)
+
+FRIDAY, MARCH 21, 1788.
+
+Number II.
+
+TO THE CITIZENS OF MARYLAND.
+
+In the recognition which the Landholder professes to make "of what
+occurred to my advantage," he equally deals in the arts of
+misrepresentation, as while he was "only the record of the bad," 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 "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." 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, "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 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." 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.
+
+That I "voted an appeal should lay to the supreme judiciary of the United
+States, for the correction of all errors both in law and fact," 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 "I agreed to the clause that
+declares nine states to be sufficient to put the government in motion." 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 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 "mortifying it may be to my vanity," to disavow
+all "those greater positive virtues" 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, 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, 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
+sitting by me a proposition, which I then had in my hand, couched in the
+following words: "Resolved that a committee be appointed to prepare and
+report a bill of rights, to be prefixed to the proposed Constitution," 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.
+
+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.
+
+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 "ignorance in the science of government" 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 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 "would have honoured the
+Constitution with my signature had not indispensable business called me
+away," 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
+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.
+
+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.(60) 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 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 "high approbation," 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 "name enrolled with the other labourers," that I wished to return
+to Philadelphia--that sacrifice which I must have made of my 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 "alter my opinion after I
+left Philadelphia," and that I acted no "contradictory parts on the great
+political stage," 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 "Deputy Attorney General of the
+United States for the State of Maryland." 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.
+
+LUTHER MARTIN.
+
+_Baltimore, March 19, 1788._
+
+
+
+
+Luther Martin, V.
+
+
+The Maryland Journal, (Number 1024)
+
+FRIDAY, MARCH 28, 1788.
+
+Number III.
+
+TO THE CITIZENS OF MARYLAND.
+
+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,(61) it is true, is an exception from this observation; he
+declares, that "if the whole matter was left to his discretion, he would
+not change any part of the proposed Constitution," 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 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 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 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 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 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.
+
+LUTHER MARTIN.
+
+_Baltimore, March 25, 1788._
+
+
+
+
+Luther Martin, VI.
+
+
+The Maryland Journal, (Number 1026)
+
+FRIDAY, APRIL 4, 1788.
+
+Number IV.
+
+TO THE CITIZENS OF MARYLAND.
+
+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 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, "Thus far shall ye go and no
+farther." Ascertain the limits of the may with ever so much precision, and
+let them be as extensive as you 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
+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. AEsop 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 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 "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." 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, "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." 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 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, "a discontented,
+variable race, weary of liberty and fond of change." 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.
+
+LUTHER MARTIN.
+
+_Baltimore, March 29, 1788._
+
+
+
+
+
+LETTER OF A PLAIN DEALER, ACCREDITED TO SPENCER ROANE.
+
+
+Printed In
+The Virginia Independent Chronicle,
+February, 1788.
+
+
+
+
+Note.
+
+
+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 _The Virginia Gazette_ and _The Virginia
+Independent Chronicle_, as well as in pamphlet form at the time, and
+recently in Ford's _Pamphlets on the Constitution_. 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.
+
+The essay of "A Plain Dealer" 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:
+
+
+    A writer calling himself Plain Dealer, who is bitter in principle
+    _vs._ 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.
+
+
+
+
+A Plain Dealer.
+
+
+The Virginia Independent Chronicle, (Number 82)
+
+WEDNESDAY, FEBRUARY 13, 1788.
+
+_Mans parturiens et ecce nascitur mus._
+
+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 _real_ 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
+"unwillingness to disturb the harmony of the legislature" on this
+important subject; nor could I conceive that the sentiments of even the
+ablest man among us could "excite a contest unfavorable" 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, "by motives of delicacy arising
+from two questions depending before the General Assembly, one respecting
+the Constitution, the other respecting himself;" 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.
+
+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 "that if after our best
+efforts for amendments, they cannot be obtained, he will adopt the
+Constitution as it is." 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,(62) as printed in the
+public papers, "that either a monarchy or an aristocracy will be generated
+from the proposed Constitution." 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 is to be sacrificed in its infancy, and
+before it has had a fair trial. But his Excellency will adopt this
+Constitution, "BECAUSE HE WOULD REGULATE HIMSELF BY THE SPIRIT OF
+AMERICA." 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 "ONE ON WHICH THE FATE OF
+THOUSANDS YET UNBORN DEPENDS." 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 "that the
+representation of the states bears no proportion to their importance."
+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.
+
+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 _in itself_ 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, 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 Caesar'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.
+
+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, "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!"
+
+A PLAIN DEALER.
+
+
+
+
+
+REMARKS ON THE NEW PLAN OF GOVERNMENT, BY HUGH WILLIAMSON.
+
+
+Printed In
+The State Gazette Of North Carolina.
+1788.
+
+
+
+
+Note.
+
+
+No file of the _State Gazette of North Carolina_ 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:
+
+
+    "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."
+
+
+
+
+Remarks.
+
+
+State Gazette Of North Carolina.
+
+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.
+
+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
+"_the trial of all crimes_, except in cases of impeachment, _shall be by
+jury_" but this provision could not possibly be extended to all _civil_
+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 their laws on this occasion to the
+desires and habits of the nation. Surely there is no prohibition in a case
+that is untouched.
+
+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.
+
+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 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.
+
+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.
+
+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
+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.
+
+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.
+
+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.
+
+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.
+
+Such have been the objections against the new constitution.
+
+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.
+
+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 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.
+
+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: 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 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.
+
+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,(63)
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+
+
+
+
+LETTER OF A STEADY AND OPEN REPUBLICAN, WRITTEN BY CHARLES PINCKNEY.
+
+
+Printed In
+The State Gazette Of South Carolina,
+May, 1788.
+
+
+
+
+Note.
+
+
+In the file of the _State Gazette of South Carolina_ 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.
+
+
+
+
+A Republican.
+
+
+The State Gazette Of South Carolina, (Number 3610)
+
+MONDAY, MAY 5, 1788.
+
+MRS. TIMOTHY:
+
+The enclosed,(64) 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.
+
+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.
+
+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 grounds to think Great Britain wishes to separate
+from the rest, and to have reverted to her if possible.
+
+Mr. Martin's(65) 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 _an individual_ of a state situated
+almost in the centre of the rest, and much safer by that means from sudden
+alarms. But the generous, manly _and truly federal sentiments of Maryland_
+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.
+
+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, "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." This Hint is full of that foresight and penetration
+the Doctor has always been remarkable for.
+
+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.
+
+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
+
+A STEADY AND OPEN REPUBLICAN.
+
+_Charleston, May 2d, 1788._
+
+
+
+
+
+BIBLIOGRAPHY.
+
+
+[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.--_Ed._]
+
+Brackenridge, Hugh Henry.
+Pittsburg Gazette.
+
+Bryan, Samuel. "Centinel."
+Independent Gazetteer.
+
+Carroll, Daniel. "A Friend to the Constitution."
+Maryland Journal.
+
+Chase, Samuel. "Caution."
+Maryland Journal.
+
+Clinton, De Witt. "A Countryman."
+New York Journal.
+
+Clinton, George. "Cato."
+New York Journal.
+
+Coxe, Tench. "A Freeman."
+Pennsylvania Gazette.
+
+Coxe, Tench. "An American."
+Independent Gazetteer.
+
+Coxe, Tench. "A Pennsylvanian."
+Pennsylvania Gazette.
+
+Duer, William. "Philo-Publius."
+Daily Advertiser.
+
+Davie, William Richardson. "Publicola."
+North Carolina State Gazette.
+
+Dickinson, John. "Fabius."
+Humphrey's Mercury.
+
+Ellsworth, Oliver. "A Landholder."
+Connecticut Courant.
+
+Findley, William. "An Officer of the Continental Army."
+Independent Gazetteer.
+
+Gerry, Elbridge.
+Massachusetts Centinel.
+
+Gerry, Elbridge.
+American Herald.
+
+Hamilton, Alexander. "Publius."
+Various papers.
+
+Hamilton, Alexander. "Caesar."
+Daily Advertiser.
+
+Hanson, Alexander Contee. "Aristides."
+Maryland Journal.
+
+Hopkinson, Francis. "A. B."
+Independent Gazetteer.
+
+Iredell, James. "Marcus."
+North Carolina State Gazette.
+
+Jay, John. "Publius."
+Various papers.
+
+Lamb, John. "Conciliator."
+New York Journal.
+
+McKnight, Dr. Charles. "The Examiner."
+Daily Advertiser.
+
+Martin, Luther.
+Maryland Journal.
+
+Madison, James. "Publius."
+Various papers.
+
+Nicholas, John. "Decius."
+Virginia Independent Chronicle.
+
+Pinckney, Charles. "A Steady and Open Republican."
+State Gazette of South Carolina.
+
+Randolph, Thomas Mann. "A Republican Federalist."
+Virginia Independent Chronicle.
+
+Roane, Spencer. "A Plain Dealer."
+Virginia Independent Chronicle.
+
+Sherman, Roger. "A Countryman."
+New Haven Gazette.
+
+Sherman, Roger. "A Citizen of New Haven."
+New Haven Gazette.
+
+Sullivan, James. "Cassius."
+Massachusetts Gazette.
+
+Tucker, St. George. "A State Soldier."
+Virginia Independent Chronicle.
+
+Williams, William.
+American Mercury.
+
+Williamson, Hugh.
+North Carolina State Gazette.
+
+Winthrop, James. "Agrippa."
+Massachusetts Gazette.
+
+Workman, Benjamin. "Philadelphiensis."
+Independent Gazetteer.
+
+Yates, Robert. "Brutus."
+New York Journal.
+
+Yates, Robert. "Sydney."
+New York Journal.
+
+
+
+
+
+INDEX.
+
+
+"A. B.," pseudonym of, 416.
+
+Adams, John, 117, 231.
+
+"Agrippa," pseudonym of, 22, 29, 49, 417.
+
+"American," pseudonym of, 415.
+
+American Herald, 123, 416.
+
+American Mercury, 417.
+
+American Museum, 315.
+
+Anarchy, danger of, 15, 165;
+  predicted, 18.
+
+Anti-Federalists, character of, 25.
+
+"Aristides," pseudonym of, 372, 416.
+
+Aristocracy, favorers of, 5;
+  small danger of, 165;
+  southern, 258;
+  causes of, 298;
+  tendencies to, 223.
+
+Articles of Confederation, 238;
+  advantages of, 77;
+  amendment of, 80, 98;
+  defects in, 255;
+  ease of amendment of, 117;
+  proposed amendment to, 84.
+
+Baldwin, Simeon, 213.
+
+Ballot, 305.
+
+Baltimore, 327, 333.
+
+Bill of rights, 28, 95, 113, 117, 119, 163, 219, 299, 320, 325, 364.
+
+Blair, John, 162.
+
+Bowdoin, James, 3, 6.
+
+Brackenridge, H. H., 315, 415.
+
+"Brutus," pseudonym of, 269, 295, 417.
+
+Bryan, George, 221.
+
+Bryan, Samuel, 415.
+
+"Caesar," pseudonym of, 245, 250, 279, 416.
+
+Canada, 191;
+  dangers from, 157.
+
+Capital, 262;
+  place for, 73, 321.
+
+Capitation tax, 272.
+
+"Capt. M'Daniel," pseudonym of, 122.
+
+Carroll, Daniel, 325, 329, 415.
+
+Carthage, 93.
+
+"Cassius," pseudonym of, 1, 51, 416.
+
+"Cato," pseudonym of, 243, 281, 415.
+
+"Caution," pseudonym of, 323, 415.
+
+"Centinel, The," pseudonym of, 218, 415.
+
+"Charles James Fox," pseudonym of, 51.
+
+Chase, Samuel, 323, 415;
+  promises of, 333;
+  speech of, 325.
+
+Childs, Francis, 250.
+
+"Citizen of New Haven," pseudonym of, 229, 416.
+
+Citizenship, 270;
+  rights of, 42.
+
+Clinton, De Witt, 415.
+
+Clinton, George, 173, 243, 281, 415.
+
+Coinage, uniformity of, 35.
+
+Coke, 266.
+
+Commerce of America, 95;
+  inter-state, congressional power over, 118;
+  regulation of, 97.
+
+Commercial treaties, power to make, 234.
+
+"Conciliator," pseudonym of, 416.
+
+Congress, Continental, action on the Constitution, 253, 289;
+  retrospective view of, 298;
+  inadequate powers of, 34.
+
+Congress, difference between state legislature and, 224;
+  length of session of, 239;
+  members of, 225;
+  character of, 227;
+  character from South, 258;
+  election of, 86;
+  privileges of, 33;
+  restriction on, 234;
+  interest of, 220;
+  journal of, 33;
+  nature of, 267;
+  powers of, 27, 32, 34, 41, 98;
+  to alienate territory, 80;
+  to coerce the states, 184;
+  over delinquent states, 358;
+  over citizens, 80;
+  over elections, 30, 37, 118, 276;
+  over inter-state commerce, 118;
+  over judiciary, 66;
+  over militia, 184;
+  law-making powers of, 45;
+  of taxation, 235;
+  over territories, 43;
+  over trade, 61;
+  representation in, 151.
+
+Connecticut, 183, 355;
+  address to, 215;
+  constitution of, 148;
+  Courant, 135, 415;
+  convention, 178, 207;
+  legislature of, 219;
+  manufactures of, 202;
+  taxation in, 74, 148;
+  tribute to New York from, 180.
+
+Constituents, instructions from, 28.
+
+Constitution, a creation of power, 145, 147;
+  adequacy of, 35;
+  adopting clause of, 131, 184, 362;
+  advantages of, 21;
+  amendment of, 44, 100, 118, 200, 233, 251, 284, 334;
+  attempts to surprise the people with, 327;
+  character of opposers of, 11, 143;
+  comparison of, 339;
+  with constitution of N. Y., 297;
+  with English, 381;
+  consolidating tendencies of, 65, 69, 70, 158, 258, 297;
+  construction of, 43;
+  objections to, 25, 53, 132, 151;
+  definition of, 116;
+  despotic power of, 28;
+  effect of, 95;
+  excellence of language of, 156;
+  expense of, 60;
+  general clauses of, 83, 96, 119;
+  importance of, 248;
+  judicial power under, 39;
+  laws made under, 360;
+  merits of, 27;
+  new powers granted by, 238;
+  powers under, 153, 156, 163, 220;
+  opposition to, 39;
+  preamble of, 208;
+  reasons for not submitting to state legislature, 139;
+  reception of, 9;
+  rejection of, 100;
+  remarks on, 237, 395;
+  supreme law of the land, 184;
+  want of explicitness in, 155, 260, 265;
+  should be tried before amending, 235;
+  writers against, 12.
+
+Convention, Federal, 238, 247, 284, 287;
+  appeals to the people, 140;
+  character of the members of, 20;
+  committees of, 348;
+  dissenting members of, 104;
+  harmony of, 191;
+  ignorance of the members of, 22;
+  illegal action of, 104;
+  irritated condition of, 367;
+  journals of, 347;
+  large vs. small states in, 355;
+  meetings of, 345;
+  meetings of members of, 355;
+  object of, 35;
+  powers of, 252, 290;
+  proceedings in, 130, 174, 183, 341;
+  secrecy of, 252, 298;
+  spirit of, 167;
+  wisdom of, 252.
+
+Convention, second, 62, 235, 375.
+
+Council, lack of, 162.
+
+"Countryman, A," pseudonym of, 211, 415, 416.
+
+Courts, Federal, 36, 40, 83.
+
+Courts, State, 54.
+
+Coxe, Tench, 415.
+
+Credit, public, 73, 197.
+
+Creditors, public, 60;
+  justice to, 35.
+
+Criminal prosecution, laws for, 67.
+
+Daily Advertiser, 250, 279, 415, 416.
+
+Davie, William Richardson, 415.
+
+Debt, Continental, 60, 73, 77, 95, 97, 127.
+
+Debtors, opposition of, to constitution, 144.
+
+"Decius," pseudonym of, 416.
+
+Delaware, 163, 355.
+
+Dickinson, John, 415.
+
+Duer, William, 415.
+
+Duties, 77;
+  Massachusetts' share of, 84;
+  paid by consumers, 271;
+  uniformity of, 35.
+
+Eastern states, carrying trade of, 162.
+
+Elections, 116;
+  frequency of, 227;
+  power of Congress over, 30, 118, 276;
+  provisions for, 37.
+
+Ellsworth, Oliver, 135, 415.
+
+England, laws of, against treason, 42;
+  religious freedom in, 168.
+
+Europe, governments of, 256;
+  treaties with, 89.
+
+"Examiner," pseudonym of, 18, 416.
+
+Excise forbidden, 118.
+
+Executive, 158, 260, 310;
+  advice of, 38;
+  blended with legislative, 240, 275;
+  council for, 163;
+  impeachment of, 39;
+  ineligible, after service, 234;
+  may be a woman, 319;
+  method of electing, 263;
+  not specified, 319;
+  objections to, 162;
+  powers of, 39, 261;
+  power over pardon, 234, 240;
+  power to convene Congress, 275;
+  re-eligibility of, 354, 374;
+  to be elected annually, 119;
+  under constitution, 37;
+  vote of, 38;
+  veto power of, 34.
+
+Ex post facto law, 163.
+
+"Fabius," pseudonym of, 415.
+
+Federal Government, necessity for, 141.
+
+Federalists, aristocratic tendencies of, 89.
+
+Findley, William, 100, 321, 415.
+
+Fisheries, 194;
+  power over, 234.
+
+Flax, 202.
+
+Foreign influence, 103.
+
+Foreign nations, intercourse with, 80.
+
+Forests, value of, 194.
+
+France, public debt to, 73.
+
+Franchise, 226.
+
+Frankland, 258.
+
+Franklin, Benjamin, 23, 26, 218, 321, 370.
+
+"Freeman," pseudonym of, 415.
+
+"Friend to the Constitution," 329, 415.
+
+Georgia, 164, 190, 259, 355.
+
+Gerry, Elbridge, 25, 51, 53, 104, 123, 127, 130, 137, 161, 172, 182, 186,
+            339, 341, 350, 416;
+  conciliating conduct of, 174;
+  hypocrisy of, 174;
+  objections to constitutions, 132;
+  remarks on, 150.
+
+Goddard, William, 341.
+
+Government, divisions of, 116;
+  encroaching tendencies of, 376;
+  General and State linked, 153;
+  Greek and Roman, 55;
+  importance, 247;
+  necessity of, to society, 111;
+  opposition to, 24;
+  a strong one necessary for liberty, 147.
+
+Great Britain, dangers from, 190;
+  resentment of, 89.
+
+Habeas corpus, suspension of, 36.
+
+Hamilton, Alexander, 245, 279, 416.
+
+Hampshire Gazette, 5.
+
+Hancock, John, 3, 5, 10.
+
+Hanson, Alexander Contee, 372, 416.
+
+Hartford, 216.
+
+Harvard College Library, 40.
+
+Holland, public debt due, 73.
+
+Hopkinson, Francis, 416.
+
+Humphrey's Mercury, 415.
+
+Impeachment, 39, 233, 312, 391;
+  in Massachusetts, 41;
+  methods of, 30;
+  powers of Senate in, 29.
+
+Independent Chronicle, 5.
+
+Independent Gazetteer, 218, 415, 416, 417.
+
+India, trade with, 109.
+
+Indian affairs, 301;
+  lands, 300.
+
+Iredell, James, 416.
+
+Jay, John, 416.
+
+Judiciary, 54, 159, 235, 241;
+  appeals to, 130, 184, 361;
+  appointment of, 69;
+  dangers from, 66, 164;
+  federal, 83;
+  limits of 67, 118;
+  national, 309;
+  oppressiveness of, 159;
+  powers of, 96;
+  restrictions on federal, 119;
+  state, 241.
+
+"Junius," pseudonym of, 51.
+
+Jury, trial by, 41, 131, 308.
+
+"Kempis, O'Flanagan," pseudonym of, 51.
+
+Lamb, John, 173, 245, 416.
+
+"Landholder, A," 129, 135, 205, 339, 344, 415;
+  replies to, 123.
+
+Land grants, power of courts over, 75.
+
+Lands, western, 60, 63, 73.
+
+Lansing, John, Jr., 104.
+
+Lee, Gen. Charles, 161.
+
+Lee, Henry, 162.
+
+Lee, Richard Henry, 161, 177, 390.
+
+Liberty of the press, 365.
+
+Locke, 257.
+
+Loyalists, opposition of, to constitution, 143.
+
+M'Henry, James, 131, 187, 347, 350.
+
+McKean, Thomas, 90, 100.
+
+McKnight, Dr. Charles, 416.
+
+MacLaughlin, Neil, 321.
+
+Madison, 162, 231, 325, 387, 416.
+
+Magna Charta, 219.
+
+Maine, secession of, 257.
+
+Manufactures in America, 201.
+
+"Marcus," pseudonym of, 416.
+
+Martin, Luther, 104, 130, 137, 182, 185, 337, 416.
+
+Maryland, 188;
+  convention, 327;
+  Legislature, petition to, 334.
+
+Maryland Journal, 182, 323, 329, 337, 415, 416.
+
+Mason, George, 104, 161, 164, 165, 172, 355.
+
+Massachusetts, 258;
+  Constitution of, 16;
+  convention, 105, 187, 349;
+  proposed resolution for, 84;
+  debt of, 60;
+  delegates from, 29;
+  disadvantages of government for, 102;
+  early history of, 56;
+  feebleness of, 257;
+  impeachment in, 30, 41;
+  Legislature, action on constitution of, 17;
+  means of taxation of, 13;
+  origin of opposition in, 176;
+  plan to aggrandize, 182;
+  position of, 61;
+  public lands of, 63;
+  share of the Continental debt, 77;
+  taxation in, 74;
+  tender law of, 36, 59;
+  warning to, 10.
+
+Massachusetts Centinel, 3, 123, 416.
+
+Massachusetts Gazette, 1, 12, 18, 49, 51, 416, 417.
+
+Mercer, James Francis, 104.
+
+Militia, 358;
+  powers of Congress over, 184;
+  power over, 342, 354;
+  State control of, 118.
+
+Minority, powers of, 33.
+
+Monarchy, small danger of, 165.
+
+Money, receipts and expenditures of public, 36.
+
+Monopolies, power of Congress to create, 70;
+  prevention of, 80.
+
+Montesquieu, 256, 261.
+
+Nails, manufacture of, 202.
+
+Naturalization, 313;
+  powers of Congress over, 79.
+
+Navigation act, 161;
+  motion against, 173;
+  right to make, 234.
+
+Netherlands, condition of, 249.
+
+New England, manufactures of, 201.
+
+New Hampshire, 189, 259;
+  interest of, 190, 192;
+  lands in, 75.
+
+New Haven, 216.
+
+New Haven Gazette, 211, 229, 416.
+
+New Jersey, 183, 355.
+
+New Spain, dangers from, 157.
+
+Newspapers, scribblers in, 25.
+
+New York against constitution, 61;
+  Assembly, 245;
+  colonial parties, 306;
+  constitution of, 297, 299;
+  violation of, 301;
+  draft of a constitution for, 307;
+  impost of, 173;
+  opposition in, 176;
+  proposed property qualification in, 307;
+  State convention of 1776, 298;
+  State debt of, 60;
+  Executive, 310;
+  taxation in, 74;
+  tribute from Connecticut to, 180.
+
+New York Journal, 125, 243, 269, 293, 415, 416, 417.
+
+Nicholas, John, 416.
+
+North Carolina, 258.
+
+North Carolina, State Gazette of, 395, 415, 416, 417.
+
+Northern States, character of people of, 92.
+
+Nova Scotia, 191;
+  condition of, 89.
+
+"Numa," pseudonym of, 5, 10.
+
+Oath, 207, 369;
+  character of, 17, 168;
+  of President, 38.
+
+"Ocrico," pseudonym of, 52.
+
+Officers, federal, privileges of, 119.
+
+Office holders, 145;
+  multiplication of, 88.
+
+"Officer of the Continental Army," pseudonym of, 415.
+
+"Old Fog," pseudonym of, 3.
+
+Paper money, 127, 131, 196, 341, 348;
+  motion to redeem, 174, 186;
+  states to emit, 119.
+
+Parties, colonial, 306.
+
+People, dangers from, 179;
+  not to elect representatives, 183;
+  rights of, 115.
+
+Pennsylvania, 369;
+  Assembly, 53, 369;
+  Convention of, 90, 100;
+  future seat of government, 98;
+  naturalization in, 79;
+  opposition in, 176.
+
+Pennsylvania Gazette, 415.
+
+"Pennsylvanian," pseudonym of, 415.
+
+"Philadelphiensis," pseudonym of, 417.
+
+"Philo-Publius," pseudonym of, 415.
+
+Pinckney, C. C., 183.
+
+Pinckney, Charles, 416.
+
+Pittsburg Gazette, 317, 415.
+
+"Plain Dealer, A," pseudonym of, 385, 416.
+
+Poll tax, 272;
+  forbidden, 118.
+
+Population, destiny of, 193.
+
+Press, liberty of, 164, 239.
+
+Prices, depressed state of, 142.
+
+Private opinion, freedom of, 170.
+
+"Publicola," pseudonym of, 415.
+
+"Publius," pseudonym of, 145, 416.
+
+Quorum, dangers from, 32;
+  powers of, 33.
+
+Randolph, Edmund, 104, 231, 346, 387.
+
+Randolph, Thomas Mann, 416.
+
+Religion, freedom of, 168, 313;
+  misuse of, 8.
+
+Religious test, 207, 235;
+  nature of, 169;
+  necessity of, 168.
+
+Representation, 54, 269, 391;
+  best mode of, 151;
+  difference of opinion concerning, 354;
+  smallness of, 236, 240;
+  want of, 151.
+
+Representatives, House of, 54;
+  electors of, 28;
+  insufficiency of, 29;
+  length of residence necessary, 28;
+  method of choosing, 152;
+  method of electing, 27, 357;
+  people should not elect, 183;
+  term of, 28;
+  weakness of, 273.
+
+Republics, Greek and Roman, 94.
+
+"Republican Federalist," pseudonym of, 416.
+
+Republican government, guarantee of, 43, 106.
+
+Revenue bills, origination of, 34.
+
+Revenue, method of collecting, 193;
+  Massachusetts' share of, 102;
+  sources of, 239.
+
+Revolution, the American, 146.
+
+Rhode Island, 105, 108, 115, 159, 196;
+  junto in, 153;
+  legislature of, 31, 36.
+
+Rights, delegated, 113.
+
+Roane, Spencer, 385, 416.
+
+Russell, Benjamin, 127.
+
+Scotland, union with England, 216.
+
+Senate, 29, 273;
+  blended with Executive, 275;
+  method of choosing, 153;
+  officers of, 29;
+  powers of impeachment, 29;
+  treaty power of, 165, 274;
+  unspecified character of, 319.
+
+Shay's Rebellion, 5, 13, 57, 72, 157, 159, 257, 391.
+
+Sheep raising, 201.
+
+Sherman, Roger, 183, 211, 229, 416.
+
+Shipbuilding, 61, 194;
+  carpenters, 61.
+
+Slavery, 258;
+  responsibility for, 163.
+
+Slaves, importation of, 163.
+
+Smilie, John, 100, 321.
+
+Smith, Melancthon, 173.
+
+South Carolina, 164, 183, 265, 355;
+  amendment of, 235;
+  representation in, 108.
+
+Southern States, character of people of 92;
+  objections to commercial powers, 162.
+
+"Spectator," pseudonym of, 326.
+
+States, coercion of, 184;
+  influences, 297;
+  courts, 54, 159;
+  absorption of, 297;
+  dangers to, 153;
+  destruction of, 342;
+  powers of, 98;
+  negative on laws, 360;
+  legislatures, action of, on constitution, 25;
+  Congress a check on, 31;
+  differences between Congress and, 224;
+  powers of, 152;
+  power over elections, 31;
+  representation in, 152;
+  officers, dangers from, 289;
+  restrictions on, 36;
+  rights, 68, 113, 118, 147, 184;
+  admission of new, 42;
+  advantages of, 66;
+  bills of right valid in federal courts, 119;
+  consolidation of, 97, 255;
+  destruction of, 375;
+  disputes between, 64, 100;
+  equality of, in Senate, 29;
+  interest of, 215;
+  large vs. small, 216, 355;
+  number to organize government, 184;
+  rights to enforce laws of, 118.
+
+State Gazette of North Carolina, 395.
+
+State Gazette of South Carolina, 416.
+
+State house, 355.
+
+"State Soldier," pseudonym of, 417.
+
+"Steady and Open Republican," pseudonym of, 416.
+
+"Steady," pseudonym of, 326.
+
+Strong, Caleb, 105.
+
+Sullivan, James, 1, 416.
+
+"Sydney," pseudonym of, 269, 293, 417.
+
+Tax, poll, 273.
+
+Taxation, 156, 193;
+  dangers of, 81;
+  direct, 235, 270;
+  importance of, 271;
+  in Connecticut, 148, 226;
+  method of, 77, 358;
+  powers of Congress over, 97.
+
+Tender acts, 36, 59, 196.
+
+Territory, right to alienate, 80, 118, 234.
+
+Test law, 169, 171, 207, 235.
+
+Town meetings, 226.
+
+Trade, 61;
+  condition of, 140;
+  congressional control over, 161;
+  foreign, 95;
+  limitations of, 54;
+  Massachusetts' advantage for, 73;
+  powers of Congress over, 79;
+  regulation of, 70.
+
+Trading companies, 70, 109;
+  forbidden, 118.
+
+Treason, punishment of, 41.
+
+Treaty power, dangers from, 165.
+
+Treaties, law of the land, 24;
+  with Europe, 89.
+
+Tucker, St. George, 417.
+
+United States, an agricultural country, 200;
+  condition of, 81, 121, 158;
+  dangers to, 178;
+  differences between the inhabitants of, 91;
+  too large for government, 257;
+  tranquillity of, 59.
+
+Vermont, 258.
+
+Vice-president, 240, 263;
+  duties of, 158.
+
+Virginia, 162, 390;
+  house of delegates of, 166;
+  plan to aggrandize, 182;
+  qualifications of, 306;
+  method of, 305;
+  opposition in, 176.
+
+Virginia Gazette, 387.
+
+Virginia Independent Chronicle, 385, 416, 417.
+
+"Vox Populi," pseudonym of, 12, 16, 18.
+
+Washington, George, 23, 26, 161, 177, 218, 251, 254, 285, 321, 347, 370.
+
+West Indies, condition of, 89.
+
+Western territory, 239.
+
+Willetts, Marinus, 173.
+
+Williams, William, 137, 168, 195, 202, 417.
+
+Williamson, Hugh, 395, 417.
+
+Wilson, James, 90, 96, 100, 112, 218, 335.
+
+Winthrop, James, 40, 49, 417.
+
+Woolen manufactures, 201.
+
+Workman, Benjamin, 417.
+
+Yates, Robert, 104, 173, 269, 293, 417.
+
+
+
+
+
+
+FOOTNOTES
+
+
+    1 A writer then attacking the Hancock party. See _The Independent
+      Chronicle_ for Aug. 23, and Sept. 15, 20, 1787. _Ed._
+
+    2 Shay's Rebellion. _Ed._
+
+    3 Massachusetts newspapers published in Northampton and Boston. _Ed._
+
+    4 The administration of Governor Bowdoin. _Ed._
+
+    5 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.
+
+    6 John Hancock. _Ed._
+
+    7 A writer in the _Massachusetts Gazette_, Oct. 30, Nov. 6, 13, 16,
+      and 23. _Ed._
+
+    8 The Legislature of Massachusetts was then so styled. _Ed._
+
+    9 In the _Massachusetts Gazette_, for Nov. 2, 9, and 20, 1787. _Ed._
+
+   10 See the letters of Agrippa in this work. _Ed._
+
+   11 Probably Elbridge Gerry, delegate from Massachusetts to the Federal
+      Convention. _Ed._
+
+   12 Anti-federal scribblers in the Mass. Gazette.
+
+   13 Referring to Rhode Island. _Ed._
+
+   14 Harvard University Library, of which James Winthrop was
+      librarian.--_Ed._
+
+   15 Said to be by James Winthrop. See the letters, printed herein.--_Ed._
+
+   16 Printed in _Elliot_, I, 492.--_Ed._
+
+   17 "An Address of the subscribers, members of the late Houses of
+      Representatives of the Commonwealth of Pennsylvania, to their
+      constituents," printed in the _Pennsylvania Packet_, Oct. 4,
+      1787.--_Ed._
+
+   18 Referring to Shay's rebellion.--_Ed._
+
+   19 Act of 1786, providing that executions issued for private debt may
+      be satisfied by articles particularly enumerated, at an appraised
+      value from impartial men.--_Ed._
+
+   20 No attempt had been made by Massachusetts for several years to pay
+      the interest on its debt, except by the State Treasurer's issuing
+      "consolidated notes" or "certificates" 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.--_Ed._
+
+   21 The sales to the Ohio Company.--_Ed._
+
+   22 By Act of July 5, 1786.--_Ed._
+
+   23 Probably an allusion to the Phelps and Gorham purchase.--_Ed._
+
+   24 An allusion to the proceedings in the Convention of
+      Pennsylvania.--_Ed._
+
+   25 Cf. with page 85.--_Ed._
+
+   26 Robert Yates, John Lansing, Jr., Luther Martin, James Francis
+      Mercer, Edmund Randolph, George Mason, and Elbridge Gerry.--_Ed._
+
+   27 The speech of Caleb Strong in the State Convention, Jan. 16,
+      1788.--_Ed._
+
+   28 Delivered Oct. 6, 1787. Printed in _Ford's Pamphlets on the
+      Constitution_, p. 155.--_Ed._
+
+   29 No record of this is given in the _Debates in the Massachusetts
+      Convention_.--_Ed._
+
+   30 Printed in _Elliot_, I, 492.--_Ed._
+
+   31 Printed in Ford's _Pamphlets on the Constitution_, p. 327.
+
+   32 Richard Henry Lee.
+
+   33 Saturday, September 15. See _Papers of James Madison_, III., 1593.
+
+   34 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.--_Ed._
+
+   35 Mason proposed in the convention that the President should have a
+      privy council of six.--_Ed._
+
+   36 This is an error. It was moved by Mason and seconded by Gerry. Cf.
+      _Papers of James Madison, III._, 1578.
+
+   37 See letter of William Williams in this collection.--_Ed._
+
+   38 John Lamb, Marinus Willetts, Melancthon Smith, George Clinton and
+      Robert or Abraham Yates, the principal anti-federalists of New
+      York.--_Ed._
+
+   39 See counter-statements of Gerry and Martin in their answers.--_Ed._
+
+   40 Cf. _Papers of James Madison_, III, 1595.
+
+   41 The Convention of Connecticut, which was to meet Jan. 4.--_Ed._
+
+   42 The Landholder, IV-VIII, were reprinted in _The Maryland Journal_,
+      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 _The Connecticut Courant_, its place being taken by the
+      number X., printed immediately after this letter.--_Ed._
+
+   43 June 9.--_Ed._
+
+   44 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. _Papers of James Madison_, II., 925.--_Ed._
+
+   45 Mr. Gerry agreed with Mr. Martin on these questions.
+
+   46 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 _Genuine
+      Information_.--_Ed._
+
+   47 June 9, according to Madison, the _Journal_ and Martin's _Genuine
+      Information_.--_Ed._
+
+   48 Gerry, though defeated in an election to the Massachusetts
+      Convention, was invited by them to attend, in order to furnish
+      information to the members.--_Ed._
+
+   49 To prevent any misconstruction the following is the publication
+      entire:
+
+      (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.--_Ed._)
+
+      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 "the public debt should stand on the same ground it now stands
+      on by the articles of confederation." 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.
+
+   50 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.--_Ed._
+
+   51 See Letter of William Williams in this Collection.--_Ed._
+
+   52 This is a paraphrase of the arguments of "The Centinel" in _The
+      Independent Gazetteer_.--ED.
+
+   53 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 "transmitted to
+      the several legislatures."--_Ed._
+
+   54 A series of articles in the _New York Journal_, written by Robert
+      Yates.--_Ed._
+
+   55 John Smilie, a prominent Anti-Federalist.--_Ed._
+
+   56 William Livingston.--_Ed._
+
+   57 See _Ante_, pages 182 and 189.--_Ed._
+
+   58 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 _Genuine Information_ was
+      prepared.--_Ed._
+
+   59 According to this idea, I endeavored to obtain as an amendment to
+      the system the following clause: "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." 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.
+
+   60 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.
+
+   61 A reference to Alexander Contee Hanson's pamphlet, written under the
+      pseudonym of Aristides. It is reprinted in Ford's _Pamphlets on the
+      Constitution_.--_Ed._
+
+   62 Printed in _Elliot_, 1, 503.--_Ed._
+
+   63 Williamson was a member of the Federal Convention.--_Ed._
+
+   64 Following this article was an essay from a New York paper.--_Ed._
+
+   65 See page 339.--_Ed._
+
+
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK ESSAYS ON THE CONSTITUTION OF THE UNITED STATES***
+
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