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.