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 manœuvers, 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.