By sec. 2nd, “The judicial power shall extend to all cases in law and

equity.” To have in various instances an original and exclusive, in others

a concurrent jurisdiction, and the supreme court in many cases an

appellate jurisdiction, both as to law and fact. It provides, indeed, that

the trial for crimes shall be by jury, but has left the trial in civil

matters to the mercy of construction and their own legislative sovereign

will and pleasure.

By the 3d art., 3d sec., “The Congress shall have power to declare the

punishment of treason, but no attainder shall work a corruption of blood

or forfeiture, except during the life of the person attainted.” By 1st

art., 9th sec., 3d clause, “No bill of attainder or ex post facto law

shall be passed.”

XVII, XVIII, XIX, XX, XXI, XXIII, XL.

The 17th orders “That the supreme executive power and authority of this

State shall be vested in a governor.” By the 18th he is commander-in-chief

of the militia and admiral of the navy of the State; may grant pardons to

all persons convicted of crimes; he may suspend the execution of the

sentence in treason or murder.

By the 19th paragraph he is to see that the laws and resolutions of the

legislature be faithfully executed.

By the 27th he is president of the council of appointment, and has a

casting vote and the commissioning of all officers.

The 20th and 21st paragraphs give the lieutenant-governor, on the death,

resignation, removal from office, or impeachment of the governor, all the

powers of a governor.

The 40th paragraph orders that the militia at all times, both in peace and

war, shall be armed and disciplined, and kept in readiness; in what manner

the Quakers shall be excused; and that a magazine of warlike stores be

forever kept at the expence of the State, and by act of the legislature,

established, maintained, and continued in every county in the State.

Whoever considers the following powers vested in the government, and

compares them with the above, must readily perceive they are either all

enervated or annihilated.

By the 1st art., 8th sec., 15th, 16th and 17th clauses, Congress will be

empowered to call forth the militia to execute the laws of the union,

suppress insurrections and repel invasions; to provide for organizing,

arming and disciplining the militia, for the governing such part of them

as may be employed in the service of the United States, and for the

erection of forts, magazines, etc.

And by the 2nd art., 2d sec., “The president shall be commander-in-chief

of the army and navy of the United States, and of the militia of the

several States when called into actual service of the United States,

except in cases of impeachment.”

And by the 6th art., “The members of the several state legislatures, and

all the executive and judicial officers; both of the United States, and of

the several states, shall be bound by oath or affirmation to support the

constitution.” Can this oath be taken by those who have already taken one

under the constitution of this state?

XVIII, SEC. 17; XIX, SEC. 17; XX SEC. 17; XXI, SEC. 17; XXIII, SEC. 17;

XXII TO XXX INCLUSIVE.

These paragraphs regulate the election, appointment, construction and

duration of all the state, county and district officers, including the

delegates to Congress, and how they severally are to be created and

commissioned.

The 22d directs that the treasurer shall be appointed by act of the

legislature to originate with the assembly. The 23d establishes a council

to appoint the officers.

The 24th directs that the military officers shall be, during the pleasure

of the council, the chancellor, judges of the supreme court, the first

judge in every county until the age of 60.

Twenty-five and 28, which offices are incompatible, and the tenure and

duration of such officers.

Twenty-six, that sheriffs and coroners be annually appointed, and shall

not continue more than four years.

Twenty-seven, that the officers of the court be appointed by the

respective courts, except the attorneys, by the first judge of every

court.

Twenty-nine, provides that town clerks, supervisors, assessors, constables

and collectors, and all other officers heretofore elegible by the people,

shall always continue to be so elegible.

Thirty, directs the mode how the delegates to represent this state in the

general Congress of the United States shall be elected.

I apprehend that the paragraphs aforesaid will be compleatly rendered

unoperative by the following articles in the new constitution:

Second article, second section, second clause, the president “shall have

power, and by and with the advice and consent of the Senate, shall appoint

embassadors, other public ministers and consuls, judges of the supreme

court, and all officers of the United States where appointments are not

herein otherwise provided for, and which shall be established by law; but

the Congress may by law vest the power of such inferior officers as they

think proper, in the president alone, in the courts of law, or in the

heads of departments.” By the 1st art., 8 section, 9, 18 clauses, Congress

have power “to constitute tribunals inferior to the supreme court, to make

all laws which shall be necessary and proper for carrying into execution

the foregoing powers, and all other powers vested by this constitution in

the government of the United States, or in any department or officer

thereof.”

By the third article, 2d section, there is an extensive federal power as

above-mentioned.

By the 2d article, 2d section, the president “shall take care that the

laws be faithfully executed, and shall commission all the officers of the

United States.”

From these powers lodged in Congress and the powers vested in the states,

it is clear that there must be a government within a government, two

legislative, executive and judicial powers. The power of raising an army

in time of peace, and to command the militia, will give the president

ample means to enforce the Supreme laws of the land.

XXIII, SEC. 21; XXIV, SEC. 21; XXV, SEC. 21; XXVI, SEC. 21; XXVII, SEC.

21; XXVIII, SEC. 21; XXIX, SEC. 21; XXX, SEC. 21; XXXI, SEC. 2; XXXII,

XXXIII, XXXIV.

The 32d paragraph orders, “That a court shall be instituted for the trial

of impeachments and the correction of errors under the regulations which

shall be established by the legislature, and to consist of the president

of the senate for the time being, and the senators, chancellors and judges

of the supreme court.”

The 33d vests the power of impeaching all officers of the state for mal

and corrupt practice in the representatives of the people in assembly.

The 34th allows the parties impeached or indicted for crimes and

misdemeanors to have counsel.

This system is undermined and rendered nugatory by 1st art., 6th and 7th

clauses, where the senate in the new constitution, have the trial and

judgment on all impeachments.

By 3d art., 2d sec, 3d clause, the trial of all crimes is regulated.

By the 3d art., 3d sec., it is defined what shall be treason, the proof

required, the punishment, and how the judgment in attainder shall operate.

XXXIII, SEC. 32; XXXIV, SEC. 32; XXXV, SEC. 13; XXXVII, SEC. 1; XXXVIII,

XXXIX.

The 38th paragraph provides “that the free exercise and enjoyment of

religious procession and worship, without discrimination or preference,

shall forever hereafter be allowed within this State to all mankind,

provided that the liberty of conscience hereby granted shall not excuse

acts of licentiousness or justify practices inconsistent with the peace or

safety of the State.”

The 39th provides that “no minister of the gospel, or priest of any

denomination whatsoever, shall at any time hereafter, under any pretence

or description whatever, be eligible to or capable of holding any civil or

military office or place within this state.”

The first of those articles protects us from persecution in religious

matters. The other excludes the clergy from enjoying any office, civil or

military. Two provisions passed by in silence by the framers of the new

constitution; and although possibly the leaders in both have been equally

averse to a democratic system, and have had the same object, the ruin of

state government, in view.

XLII.

This paragraph provides “that it shall be in the discretion of the

legislature to naturalize all such persons and in such manner as they

shall think proper.”

The 1st art., 8 sec., 4th clause, give to the new government power to

establish a uniform rule of naturalization.

And by the 4th art., 2d sec., “the citizens of each state shall be

entitled to all the privileges and immunities of citizens in the several

states,” whereby the clause is rendered entirely nugatory.

From this contrast it appears that the general government, when compleatly

organized, will absorb all those powers of the state which the framers of

its constitution had declared should be only exercised by the

representatives of the people of the state; that the burthens and expence

of supporting a state establishment will be perpetuated; but its

operations to ensure or contribute to any essential measures promotive of

the happiness of the people may be totally prostrated, the general

government arrogating to itself the right of interfering in the most

minute objects of internal police, and the most trifling domestic concerns

of every state, by possessing a power of passing laws “to provide for the

general welfare of the United States,” which may affect life, liberty and

property in every modification they may think expedient, unchecked by

cautionary reservations, and unrestrained by a declaration of any of those

rights which the wisdom and prudence of America in the year 1776 held

ought to be at all events protected from violation.

In a word, the new constitution will prove finally to dissolve all the

power of the several state legislatures, and destroy the rights and

liberties of the people; for the power of the first will be all in all,

and of the latter a mere shadow and form without substance, and if adopted

we may (in imitation of the Carthagenians) say, Delenda vit Americæ.

SYDNEY.

CURSORY REMARKS BY HUGH HENRY BRACKENRIDGE.

Printed In

The American Museum,

April, 1788.

Note.

This article first appeared in _The Pittsburgh Gazette_, but as I have not

been able to find a file of that paper, I have been compelled to reprint

it from _The American Museum_. It was anonymous, but its authorship is

settled by its republication in Brackenridge’s “_Gazette Publications_,”

printed in book form in 1806.

Cursory Remarks.

The American Museum, (Number 4)

APRIL, 1788.

It is not my intention to enter largely into a consideration of this plan

of government, but to suggest some ideas in addition to, and of the same

nature with, those already made, showing the imperfections and the danger

of it.

The first thing that strikes a diligent observer, is the want of

precaution with regard to the _sex_ of the president. Is it provided that

he shall be of the male gender? The Salii, a tribe of the Burgundians, in

the 11th century, excluded females from the sovereignty. Without a similar

exclusion, what shall we think, if, in progress of time, we should come to

have an _old woman_ at the head of our affairs? But what security have we

that he shall be a _white man_? What would be the national disgrace if he

should be elected from one of the southern states, and a _vile negro_

should come to rule over us? Treaties would then be formed with the tribes

of Congo and Loango, instead of the civilized nations of Europe. But is

there any security that he shall be a _freeman_? Who knows but the

electors at a future period, in days of corruption, may pick up a

man-servant, a convict perhaps, and give him the dominion? Is any care

taken that he shall be of _perfect parts_? Shall we, in affairs of a civil

nature, leave a door open to lame men, bastards, eunuchs, and the devil

knows what?

A senate is the next great constituent part of the government; and yet

there is not a word said with regard to the ancestry of any of them;

whether they should be altogether Irish, or only Scots Irish. If any of

them have been in the war of the White Boys, the Heart of Oak, or the

like, they may overturn all authority, and make Shilelah the supreme law

of the land.

The house of representatives is to be so large, that it can never be

built. They may begin it, but it can never be finished. Ten miles square!

Babylon itself, unless the suburbs are taken into view, was not of greater

extent.

But what avails it to dwell on these things? The want of a _bill of

rights_ is the great evil. There was no occasion for a bill of _wrongs_;

for there will be wrongs enough. But oh! a _bill of rights_! What is the

nature of a bill of rights? “It is a schedule or inventory of those powers

which Congress do not possess.” But if it is clearly ascertained what

powers they have, what need of a catalogue of those powers they have not?

Ah! there is the mistake. A minister preaching, undertook, first, to show

what was in his text; second, what was not in it. When it is specified

what powers are given, why not also what powers are not given? A bill of

rights is wanting, and all those things which are usually secured under

it—

1. The _rights of conscience_ are swept away. The Confession of Faith, the

Prayer-Book, the Manual and Pilgrim’s Progress are to go. The psalms of

Watts, I am told, are the only thing of the kind that is to have any

quarter at all.

2. The _liberty of the press_—that is gone at the first stroke. Not so

much as an advertisement for a stray horse, or a runaway negro, can be put

in any of the gazettes.

3. The _trial by jury_—that is knocked in the head, and all that worthy

class of men, the lawyers, who live by haranguing and bending the juries,

are demolished.

I would submit it to any candid man, if in this constitution there is the

least provision for the privilege of shaving the beard? or is there any

mode laid down to take the measure of a pair of breeches? Whence is it

then, that men of learning seem so much to approve, while the ignorant are

against it? The cause is perfectly apparent, viz., that reason is an

erring guide, while instinct, which is the governing principle of the

untaught, is certain. Put a pig in a poke, carry it half a day’s journey

through woods and by-ways, let it out, and it will run home without

deviation. Could Dr. Franklin do this? What reason have we then to suppose

that his judgment, or that of Washington, could be equal to that of Mr.

Smilie(55) in state affairs?

Were it not on this principle that we are able to account for it, it might

be thought strange that old Livingston,(56) of the Jersies, could be so

hoodwinked as to give his sanction to such a diabolical scheme of tyranny

amongst men—a constitution which may well be called hell-born. For if all

the devils in Pandemonium had been employed about it, they could not have

made a worse.

Neil MacLaughlin, a neighbor of mine, who has been talking with Mr.

Findley, says that under this constitution all weavers are to be put to

death. What have these innocent manufacturers done that they should be

proscribed?

Let other states think what they will of it, there is one reason why every

Pennsylvanian should execrate this imposition upon mankind. It will make

his state most probably the seat of government, and bring all the

officers, and cause a great part of the revenue to be expended here. This

must make the people rich, enable them to pay their debts, and corrupt

their morals. Any citizen, therefore, on the Delaware and Susquehannah

waters, ought to be hanged and quartered, that would give it countenance.

I shall content myself at present with these strictures, but shall

continue them from time to time as occasion may require.

LETTER OF CAUTION, WRITTEN BY SAMUEL CHASE.

Printed In

THE MARYLAND JOURNAL,

October, 1788.

Note.

The authorship of this essay is fixed upon Chase by a letter of Daniel

Carroll, who in writing to Madison, alludes to both this, and his reply,

printed _post_. Chase was the leader of the Anti-Federalists in Maryland,

but was at first compelled by popular feeling to temporize, as is shown by

the following extracts, taken from the Maryland Journal for September 28,

1787:

The following is the conclusion of the speech of Samuel Chase,

Esq., delivered this day, at the Court House, before a numerous

and respectable body of citizens.

(Published by request of many electors of Baltimore Town.)

The Constitution proposed by the late Convention, for the United

States, will alter, and in some instances, abolish our Bill of

Rights and Form of Government. The Legislature of this State have

no right to alter our Form of Government, but in the mode

prescribed by the Constitution. The only question for the General

Assembly to determine is this, whether they will recommend to the

people to elect delegates to meet in convention, to consider and

decide on the plan proposed. I have always maintained the Union,

and the increase of powers in Congress. I think the Federal

Government must be greatly altered. I have not formed my opinion,

whether the plan proposed ought to be accepted as it stands,

without any amendment or alteration. The subject is very

momentous, and involves the greatest consequences. If elected, I

will vote for, and use my endeavours to procure a recommendation

by the Legislature to call a convention, as soon as it can

conveniently be done, unless otherways directed by this town.

_September 26, 1787._

Having been informed that my engagements of yesterday, to the

meeting at the Court House, “to vote for, and use my endeavours to

procure a recommendation by the Legislature, to call a convention

as soon as it can conveniently be done,” is not understood; from a

desire, if possible, to remove all misunderstanding, I take the

liberty to declare, that by the promise I meant to engage, and

therefore do promise, if elected, that I will use my endeavours to

procure, at the next session of Assembly, and as soon in the

session as the necessary business of the State will permit, a

recommendation by the General Assembly to call a convention, to

consider and decide on the Constitution proposed by the late

Convention for the United States, and to appoint the election of

delegates to the Convention as soon as the convenience of the

people will permit. I further beg leave to add as my opinion, that

the election of delegates to the Convention ought to be as early

in the spring as may be.

SAMUEL CHASE.

_Baltimore, September 27, 1787._

There are attacks on Chase, by “Steady” in the _Maryland Journal_ of

September 28, 1787, and by “Spectator,” in the _Maryland Journal_ of

October 9, 1787.

Caution.

The Maryland Journal, (Number 976)

FRIDAY, OCTOBER 12, 1787.

TO THE INHABITANTS OF BALTIMORE TOWN,

An attempt to _surprise_ you into any _public_ measure, ought to meet your

indignation and contempt. When violence or cunning is substituted for

argument and reason, suspicion should take the alarm, and prudence should

dictate the propriety of deliberation. Questions of consequence in private

life ought not to be _hastily_ decided, and with greater reason,

determinations that involve the future felicity of a whole people, ought

not to be taken before the most mature and deliberate consideration, and a

free and full examination of the subject and all its consequences. These

reflections occurred on being informed that some gentlemen of this Town

employ themselves in carrying about and soliciting subscribers to a

petition, addressed to the General Assembly, requesting them to call a

Convention to ratify the new system of government, proposed for the United

States by the late Convention at Philadelphia. If this petition contained

no more, it would not have been worthy of notice; but it publishes to the

world your entire approbation of the New Federal Government, and your

desire that it should be adopted and confirmed by this State, as it

stands, _without any amendment or alteration_.

The ostensible cause for offering you the petition to sign is, that you

may express your sentiments to the legislature, that they ought to call a

Convention to ratify the new form of government for the United States; but

the real design of the promoters of the petition is to draw you into a

declaration in favour of the _whole_ system, and to bind you hereafter to

support it, which you must do, or allege deception and surprise, if, on

further reflection, you should discover that you rashly gave an opinion

against your real interests. If the _real_ intention of the promoters and

carriers of this petition was _only_ to obtain your opinion in favour of

calling a Convention, it might have been expressed in a _few_ lines; and

no one would oppose such a petition, although improper and unnecessary,

because your Delegates will certainly move for, and exert themselves to

procure, the calling a Convention; and no member of the General Assembly

will deny that, in so doing, your Delegates speak your sentiments.

In my opinion, it is not necessary or proper for you, _at this time_, to

express your approbation, or disapprobation, of the new constitution for

the United States, for the following reasons:

First—because the decision, _for_ or _against_ the plan, is of the

greatest consequence, as it involves no less than the happiness or misery

of you and all your posterity forever; and therefore, I think, requires

your dispassionate and most deliberate consideration. Secondly—because you

want information, and have not had time yourselves to examine the proposed

system, and to consider the consequences that may flow from rejecting or

adopting it. Thirdly—because time is not given for your countrymen in

this, and the other States, to consider the subject, and to lay their

sentiments and reasons for or against the measure before you.

Fourthly—because you ought to hear _both_ sides, as the man who determines

on hearing one part only, will almost always be mistaken in his judgment.

He may be in the right, but it will be by _chance_ and not by _reason_.

Fifthly—because you are not pressed in point of time to determine on the

subject; you have at least three months for deliberation; to decide,

therefore, in a few days will be rashness and folly. Sixthly—when men urge

you to determine in _haste_, on so momentous a subject, it is not

_unreasonable_ to require their motives; and it is not _uncharitable_ to

suspect that they are improper; and no possible mischief or inconvenience

can happen from delay.

_October 11, 1787._

CAUTION.

LETTER OF A FRIEND TO THE CONSTITUTION, WRITTEN BY DANIEL CARROLL.

Printed In

The Maryland Journal,

October, 1787.

Note.

Daniel Carroll wrote Madison that he had replied to Chase’s “Caution,” and

as this is the only direct reply to that article I have been able to find,

I have ventured to ascribe this to him. The letter is in the Madison

Papers in the Department of State, which at present are restricted from

use, so I am unable to print it here.

A Friend To The Constitution.

The Maryland Journal, (Number 977)

TUESDAY, OCTOBER 16, 1787.

TO THE INHABITANTS OF BALTIMORE TOWN.

You have been addressed in the last Friday’s paper, by a writer under the

signature of _Caution_, who would persuade you that you ought to withhold

your approbation, at this time, from the Federal Constitution recommended

by the Convention.

This writer may have the best intentions in the world towards the _public

welfare_, and the _prosperity of Baltimore_; but every one must perceive

that he is an enemy to the proposed Constitution, and wishes to prevent

you from expressing yourselves in its favour, not only _at this time_, but

at any _future time_.

Mr. C—— is said to be the author of this admonition; but that this is a

malicious insinuation, aimed at his sincerity, will appear by considering

his _recent promise_ on this subject, signed and published by himself, in

reference with the resolution of the Convention, upon which that promise

is founded. I shall state both the resolution and promise, that you may

judge for yourselves.

The resolve of the Convention declares, that the Constitution should be

submitted to a Convention of Delegates, chosen in each State by the

people, under the recommendation of its legislature, _for their assent and

ratification_.

Mr. C—— being called upon, before his election, to declare himself on this

point, promises to the people, “that he will use his endeavours, if

elected, to call a Convention.”

I would just observe on this resolve and promise: First—that the resolve

makes it an _absolute condition_ that the legislature recommend a

Convention _to assent to, and ratify, the Constitution_. Secondly—that the

_promise_ made by Mr. C—— is obligatory upon him, to use his endeavors to

procure a Convention _for this purpose_.

Another remark, which occurs on this occasion, is, that Mr. C—— could not

mean that a Convention ought to be called _for any other purpose_ than to

assent to, and ratify, the Constitution; for it is absurd to suppose he

meant the Convention should be authorized by the legislature to propose

amendments or alterations, that being _contrary_ to the declared intention

of the resolution, and the sense which his friends entertained of his

engagement at the time he entered into it. Mr. C——, therefore (without

presuming him capable of doing the greatest violence to his promise),

cannot be considered as the _author of Caution_, who argues strenuously,

though indirectly, _against adopting the Constitution_.

From this brief view of the nature and intention of the resolve, I think

it is evident that the people ought, _without delay_, to signify their

approbation of the Constitution by _a petition to the legislature_, to the

end that the legislature, which is called upon by the Convention and

Congress to recommend to the people to choose Delegates to ratify it, may

have the _authority of the largest and most promising commercial and

manufacturing Town in the State_ to countenance so _important a

recommendation_. But _Caution_ thinks a petition _improper_ and

_unnecessary_; because, says he, “your Delegates will move for, and exert

themselves to procure, the calling a Convention.” Admitting your Delegates

to move to have a Convention called, does it follow that they will add to

their motion these _essential words, to confirm and ratify the

Constitution_? Does it not rather appear, from the tenor of this writer’s

remarks, that your Delegates ought to leave these words out of their

motion? But the _propriety_ and _necessity_ of a petition does not depend

on what your Delegates may, or may not do. It is _proper_ at this time,

because the Constitution meets your approbation. It is _necessary_ at this

time, because wanted as an inducement to the legislature to call upon the

people to appoint a Convention to carry into effect the object of the

resolution. In other words, as the recommendation for a Convention

_involves the legislature in a complete approbation of the Constitution_,

there is the greatest _propriety_ and _necessity_ for your telling the

legislature _that it meets your approbation_.

I am sorry to find, by _Caution’s_ publication and insinuations, which I

am told are circulated with great industry, that an opposition is opened

against the Constitution. I did not, I confess, expect to see it adopted

without some opposition; but I could not bring myself to believe, that

this opposition could have originated in Baltimore, which is _so

peculiarly interested in its speedy adoption_. But what I intended to say

on this point, is so well expressed in a late speech of Mr. Wilson, to the

people of Philadelphia, previous to their election for representatives,

that I shall take the liberty of closing with it.

“After all, my fellow-citizens, (says this excellent politician) it is

neither extraordinary nor unexpected, that the Constitution offered to

your consideration should meet with opposition. It is the nature of man to

pursue his own interest in preference to the _public good_; and I do not

mean to make any personal reflection, when I add, that it is _the interest

of a very numerous, powerful and respectable body to counteract and

destroy the excellent work produced by the late Convention_. All the

offices of government, and all the appointments for the administration of

justice, and the collection of the public revenue, which are transferred

from the individual to the aggregate sovereignty of the States, will

necessarily turn the stream of influence and emolument into a new channel.

_Every person, therefore, who either enjoys, or expects to enjoy, a place

of profit under the present establishment, will object to the proposed

innovations, not, in truth, because it is injurious to the liberties of

his country; but because it affects his schemes of wealth and

consequence._ I will confess, indeed, that I am not a blind admirer of

this plan of government, and _that there are some parts of it_, which, if

my wish had prevailed, would certainly have been altered. But, when I

reflect how widely men differ in their opinions, and that every man (and

the observation applies likewise to every state) has an equal pretension

to assert his own, I am satisfied that anything _nearer to perfection_

could not have been accomplished. If there are errors, _it should be

remembered_, that the seeds of reformation are sown in the work itself,

and the concurrence of two-thirds of the Congress may, at any time,

introduce _alterations and amendments_. Regarding it, then, in every point

of view, with a candid and disinterested mind, I am bold to assert, that

is the _best form of government which has ever been offered to the

world_.”

A FRIEND TO THE CONSTITUTION.

_Baltimore, October 13, 1787._

THE LETTERS OF LUTHER MARTIN.

Printed In

The Maryland Journal,

January-March, 1788.

Note.

Luther Martin, afterwards nick-named the “bull-dog of federalism,” was at

this time the leading Anti-federalist in Maryland. From his pen came the

pamphlet entitled _Genuine Information ... Relative to the Proceedings of

the General Convention_; and when the “Landholder,” (see _Ante_, page

135), attacked Elbridge Gerry, he began this series of articles in defense

of that gentleman, but eventually, by the replies, was compelled to

continue the series as a personal vindication. According to a letter of

Daniel Carrol, Daniel of St. Thomas Jenifer replied in the newspapers to

Martin, but I have not been able to identify this.

In the _New York Journal_ for June 17, 1788, is a comparison of the

constitution as agreed upon early in the convention, with that finally

framed, which was probably written by Martin.

Luther Martin, I.

The Maryland Journal, (Number 1004)

FRIDAY, JANUARY 18, 1788.

MR. WILLIAM GODDARD:

_Sir_,

As the Publication under the Signature of the Connecticut Landholder is

circulating remote from the place of Mr. Gerry’s residence, and is

calculated not only to injure the honourable gentleman in his private

character, but also to weaken the effect of his opposition to the

government proposed by the late convention, and thereby promote the

adoption of a System which I consider destructive of the rights and

liberties of the respective states and of their citizens, I beg leave,

through the channel of your Paper, to declare to the Public that from the

time I took my seat in convention, which was early in June, until the

fourth day of September, when I left Philadelphia, I am satisfied I was

not ten minutes absent from convention while sitting (excepting only five

days in the beginning of August, immediately after the committee of detail

had reported, during which but little business was done). That during my

attendance I never heard Mr. Gerry or any other member introduce a

proposition for the redemption of continental money according to its

nominal or any other value, nor did I ever hear that such a proposition

had been offered to consideration or had been thought of. I was intimate

with Mr. Gerry, and never heard him express, in private conversation or

otherwise, a wish for the redemption of continental money, or assign the

want of such a provision as a defect. Nor did I ever hear in Convention,

or anywhere else, such a motive of conduct attributed to Mr. Gerry. I also

declare to the Public that a considerable time before I left the

convention Mr. Gerry’s opposition to the System was warm and decided; that

in a particular manner he strenuously opposed that provision by which the

power and authority over the militia is taken away from the States and

given to the general government; that in the debate he declared if that

measure was adopted it would be the most convincing proof that the

destruction of the State governments and the introduction of a king was

designed, and that no declarations to the contrary ought to be credited,

since it was giving the states the last coup de grace by taking from them

the only means of self preservation. The conduct of the advocates and

framers of this system towards the thirteen States, in pretending that it

was designed for their advantage, and gradually obtaining power after

power to the general government, which could not but end in their slavery,

he compared to the conduct of a number of jockeys who had thirteen young

colts to break; they begin with the appearance of kindness, giving them a

lock of hay, or a handful of oats, and stroaking them while they eat,

until being rendered sufficiently gentle they suffer a halter to be put

round their necks; obtaining a further degree of their confidence, the

jockeys slip a curb bridle on their heads and the bit into their mouths,

after which the saddle follows of course, and well booted and spurred,

with good whips in their hands, they mount and ride them at their

pleasure, and although they may kick and flounce a little at first, nor

being able to get rid of their riders, they soon become as tame and

passive as their masters could wish them. In the course of public debate

in the convention Mr. Gerry applied to the system of government, as then

under discussion, the words of Pope with respect to vice, “that it was a

monster of such horrid mien, as to be hated need but to be seen.” And some

time before I left Philadelphia, he in the same public manner declared in

convention that he should consider himself a traitor to his country if he

did not oppose the system there, and also when he left the convention.

These, sir, are facts which I do not fear being contradicted by any member

of the convention, and will, I apprehend, satisfactorily shew that Mr.

Gerry’s opposition proceeded from a conviction in his own mind that the

government, if adopted, would terminate in the destruction of the States

and in the introduction of a kingly government.

I am, sir, your very obedient servant,

LUTHER MARTIN.

_Baltimore, January 13, 1788._

Luther Martin, II.

The Maryland Journal, (Number 1018)

FRIDAY, MARCH 7, 1788.

MR. GODDARD:

_Sir_,

In consequence of the justice I did Mr. Gerry, on a former occasion, I

find myself complimented with an Address in your last Paper. Whether the

Landholder of the Connecticut Courant, and of the Maryland Journal,(57) is

the same person, or different, is not very material; I however incline to

the former opinion, as I hope for the honour of human nature, it would be

difficult to find more than one individual who could be capable of so

total a disregard to the principles of truth and honour. After having made

the most unjust and illiberal attack on Mr. Gerry, and stigmatized him as

an enemy to his country, and the basest of mankind, for no other reason

than a firm and conscientious discharge of an important trust reposed in

that gentleman, had I not come in for a share of his censure, I confess I

should have been both disappointed and mortified. It would have had at

least the appearance, that the Landholder had discovered something in my

principles, which he considered congenial with his own. However great may

be my political sins, to be cursed with his approbation and applause,

would be a punishment much beyond their demerit. But, Sir, at present I

mean to confine myself to the original subject of controversy, the

injustice of the charges made against Mr. Gerry. That my veracity will not

be questioned when giving my negative to anonymous slander, I have the

fullest confidence. I have equal confidence that it will be as little

questioned by any who know me, even should the Landholder vouchsafe to

give the Public his name—a respectable name I am sure it cannot be. His

absolute want of truth and candour in assertions meant to injure the

reputation of individuals, whose names are given to the public, and to

hold them up to the indignation of their fellow citizens, will ever

justify this assertion, even should the name belong to one decorated with

wealth, or dignified by station. But the Landholder wishes it to be

supposed, that though my veracity should not be doubted, yet my evidence

ought to be rejected, and observes, that to comprehend what credit ought

to be given to it, by which I suppose he means its sufficiency if

credited, it ought to be known how long I was absent from Convention, as

well as the time I attended. I believe Sir, whoever will read my former

publication will in a moment perceive, that I there “stated” all the

“information” on this subject that was necessary or material, and that I

left no defect for the Landholder to supply. I there mentioned that “I

took my seat early in June, that I left Philadelphia on the fourth of

September, and during that period was not absent from the convention while

sitting, except only five days in the beginning of August, immediately

after the Committee of Detail had reported.” I did not state the precise

day of June when I took my seat—it was the ninth, not the tenth—a very

inconsiderable mistake of the Landholder. But between that day and the

fourth of September he says that I was absent ten days at Baltimore, and

as many at New York, and thereby insinuates that an absence of twenty days

from the Convention intervened during that period, in which time Mr. Gerry

might have made and failed in his motion concerning continental money. A

short state of facts is all that is necessary to shew the disingenuity of

the Landholder, and that it is very possible to convey a falsehood, or

something very much like it, almost in the words of truth. On the

twenty-fifth of July the Convention adjourned, to meet again on the sixth

of August. I embraced that opportunity to come to Baltimore, and left

Philadelphia on the twenty-seventh; I returned on the fourth of August,

and on the sixth attended the Convention, with such members as were in

town, at which time the Committee of Detail made their report, and many of

the members being yet absent, we adjourned to the next day. Mr. Gerry left

Philadelphia to go to New York the day before I left there to come to

Baltimore; he had not returned on Tuesday, the seventh of August, when I

set out for New York, from whence I returned and took my seat in

Convention on Monday, the thirteenth. It is true that from the

twenty-fifth of July to the thirteenth of August eighteen (not twenty)

days had elapsed, but on one of those days I attended, and on twelve of

them the Convention did not meet. I was, therefore, perfectly correct in

my original statement that from early in June to the fourth of September I

was absent but five days from the Convention while sitting, and in that

statement omitted no “necessary information.” It is also true that of

those eighteen days Mr. Gerry was absent twelve or thirteen, and that one

of those days when he was not absent was Sunday, on which day the

Convention did not meet. Thus, Sir, by relating facts as they really

occurred, we find the only time between early in June and the fourth of

September when such a motion could have been made by Mr. Gerry without my

being present is narrowed down to four, or at most five days, as I

originally stated it, although Landholder wishes it should be supposed

there were twenty days during that period when it might have taken place

without my knowledge, to wit, ten while I was at Baltimore, and as many

more while at New York. The Landholder also states that the Convention

commenced the fourteenth day of May, and that I did not take my seat till

the tenth day of June, by which, if he means anything, I presume he means

to insinuate that within that portion of time Mr. Gerry’s motion might

have been made and rejected. He is here, Sir, equally unfortunate and

disingenuous. Though the Convention was to have met by appointment on the

fourteenth of May, yet no material business was entered upon till on or

about the thirtieth of that month. It was on that day that the Convention,

having had certain propositions laid before them by the Honourable

Governor of Virginia, resolved to go into a consideration of these

propositions. In this fact I am confident I am not mistaken, as I state

the day not merely from my own recollection but from minutes which I

believe to be very correct, in my possession, of the information given by

the Honourable Mr. McHenry to the assembly. The truth is, Sir, that very

little progress had been made by the Convention before I arrived, and that

they had not been more than ten days, or about that time, seriously

engaged in business. The first thing I did after I took my seat was

carefully to examine the journals for information of what had already been

done or proposed. I was also furnished with notes of the debates which had

taken place, and can with truth say that I made myself “minutely informed”

of what had happened before that period. In the same manner, after my

return from New York, I consulted the journals (for we were permitted to

read them, although we were not always permitted to take copies). If the

motion attributed to Mr. Gerry had been made and rejected, either before I

first took my seat or while at New York, it would have there appeared, and

that no such motion was made and rejected during either of these periods I

appeal to the highest possible authority. I appeal to those very journals,

which ought to have been published, and which we are informed are placed

in the possession of our late Honourable President. But why, Sir, should I

appeal to these journals, or to any other authority? Let the Landholder

turn to his eighth number, addressed to the Honourable Mr. Gerry; let him

blush, unless incapable of that sensation, while he reads the following

passage: “Almost the whole time during the sitting of the Convention, and

until the Constitution had received its present form, no man was more

plausible and conciliating on every subject than Mr. Gerry,” &c. Thus

stood Mr. Gerry, till towards the close of the business he introduced a

motion respecting the redemption of paper money. The whole time of the

sitting of the Convention was not almost past. The Constitution had not

received its present form, nor was the business drawing towards a close,

until long after I took my seat in Convention. It is therefore proved by

the Landholder himself that Mr. Gerry did not make this motion at any time

before the ninth day of June. Nay more, in the paper now before me he

acknowledges that in his eighth number he meant (and surely no one ought

to know his meaning better than himself) to fix Mr. Gerry’s apostacy to a

period within the last thirteen days. Why then all this misrepresentation

of my absence at Baltimore and New York? Why the attempt to induce a

belief that the Convention had been engaged in business from the

fourteenth of May, and the insinuation that it might have happened in

those periods? And why the charge that in not stating those facts I had

withheld from the public information necessary to its forming a right

judgment of the credit which ought to be given to my evidence. But, Sir, I

am really at a loss which most to admire—the depravity of this writer’s

heart, or the weakness of his head. Is it possible he should not perceive

that the moment he fixes the time of Mr. Gerry’s motion to the last

thirteen days of the Convention, he proves incontestably the falsehood and

malice of his charges against that gentleman—for he has expressly stated

that this motion and the rejection it received was the cause, and the sole

cause, of his apostacy; that “before, there was nothing in the system, as

it now stands, to which he had any objection, but that afterwards he was

inspired with the utmost rage and intemperate opposition to the whole

system he had formerly praised;” whereas I have shown to the clearest

demonstration, that a considerable time before the last thirteen days, Mr.

Gerry had given the most decided opposition to the system. I have shown

this by recital of facts, which if credited, incontestibly prove it—facts

which, I again repeat, will never be contradicted by any member of the

Convention. I ground this assertion upon the fullest conviction that it is

impossible to find a single person in that number so wicked, as publicly

and deliberately to prostitute his name in support of falsehood, and at

the same time so weak as to do this when he must be sure of detection. But

the Landholder is willing to have it supposed that Mr. Gerry might have

made the motion in a “committee,” and that there it might have happened

without my knowledge; to such wretched subterfuges is he driven. This

evasion, however, will be equally unavailing. The business of the

committees were not of a secret nature, nor were they conducted in a

secret manner; I mean as to the members of the Convention. I am satisfied

that there was no committee while I was there, of whose proceedings I was

not at least “so minutely informed,” that an attempt of so extraordinary a

nature as that attributed to Mr. Gerry, and attended with such an

immediate and remarkable revolution in his conduct, could not have taken

place without my having heard something concerning it. The non-adoption of

a measure by a committee did not preclude its being proposed to the

Convention, and being there adopted. Can it be presumed that a question in

which Mr. Gerry is represented to have been so deeply interested, and by

the fate of which his conduct was entirely influenced, would for want of

success in a committee have been totally relinquished by him, without a

single effort to carry it in Convention! If any other proof is wanting, I

appeal again to the Landholder himself. In his eighth number he states

that the motion was rejected “by the Convention.” Let it be remembered

also, as I have before observed, in the paper now before me, he declares

it was his intention in that number to fix Mr. Gerry’s apostacy to a

period within the last thirteen days; and in the same number he observes

that Mr. Gerry’s resentment could only embarrass and delay the completion

of the business for a few days; all which equally militate against every

idea of the motion being made before he left Philadelphia, whether in

Committee or in Convention. The Landholder hath also asserted, that I have

“put into Mr. Gerry’s mouth, objections different from any thing his

letter to the legislature of his State contains, so that if my

representation is true, his must be false.” In this charge he is just as

well founded as in those I have already noticed. Mr. Gerry has more than

once published to the world, under the sanction of his name, that he

opposed the system from a firm persuasion that it would endanger the

liberties of America, and destroy the freedom of the States and their

citizens. Every word which I have stated as coming from his mouth, so far

from being inconsistent with those declarations, are perfectly

correspondent thereto and direct proofs of their truth. When the

Landholder informed us that Mr. Gerry was “face to face with his

colleagues in the Convention of Massachusetts,” why did he not, unless he

wished to mislead the public, also inform us for what purpose he was

there?

That it was only to answer questions; that might be proposed to him, not

himself to ask questions that he could not consistently interfere in any

manner in the debates, and that he was even prohibited an opportunity of

explaining such parts of his conduct as were censured in his presence? By

the anonymous publication alluded to by the Landholder, and inserted in

the note, Mr. Gerry’s colleagues are not called upon to acquit him: it

only declares “that he believes them to be men of too much honour to

assert that his reasons in Convention were totally different from those he

published;” and in this I presume he was not disappointed for the

Landholder otherwise would have published it with triumph; but if Mr.

Gerry, as it is insinuated, was only prevented by pride, from, in person,

requesting them to acquit him, it amounts to a proof of his consciousness

that, as men of honour, they could not have refused it, had he made the

request. No person who views the absurdities and inconsistencies of the

Landholder, can I think, have a very respectable opinion of his

understanding, but I who am not much prejudiced in his favour, could

scarcely have conceived him so superlatively weak as to expect to deceive

the public and obtain credit to himself by asking “if charges against Mr.

Gerry are not true why do not his colleagues contradict them?” and “why is

it that we do not see Mr. McHenry’s verification of your assertions?” If

these Gentlemen were to do Mr. Gerry that justice, he might as well

inquire “why is it we do not also see the verification of A, B, C and D

and so on to the last letter of the Conventional alphabet.” When the

Landholder in his eighth number addressed himself to Mr. Gerry he

introduces his charges by saying “you doubtless will recollect the

following state of facts; if you do not every member of the Convention

will attest them.” One member of the Convention has had firmness

sufficient to contradict them with his name, although he was well apprised

that he thereby exposed himself as a mark for the arrows of his political

adversaries, and as to some of them, he was not unacquainted with what

kind of men he had to deal. But of all the members who composed that body,

not one has yet stepped forward to make good the Landholder’s prediction;

nor has one been found to “attest” his statement of facts. Many reasons

may be assigned why the members of the Convention should not think

themselves under a moral obligations of involving themselves in

controversy by giving their names in vindication of Mr. Gerry; and I do

not believe any of those who signed the proposed Constitution would

consider themselves bound to do this by any political obligation: But,

Sir, I can hardly suppose that Mr. Gerry is so perfectly esteemed and

respected by every person who had a seat in that body, that not a single

individual could possibly be procured to give his sanction to the

Landholder’s charges, if it could be done with justice and as to myself, I

much question whether it would be easy to convince any person, who was

present at our information to the assembly,(58) that every one of my

honourable colleagues, (to each of whose merit I cordially subscribe,

though compelled to differ from them in political sentiments) would be

prevented by motives of personal delicacy to myself, from contradicting

the facts I have stated relative to Mr. Gerry, if it could be done

consistent with truth. If the Landholder was a member of the Convention,

to facilitate the adoption of a favourite system, or to gratify his

resentment against its opposers, he has originally invented and is now

labouring to support, charges the most unjust and ungenerous, contrary to

his own knowledge of facts. If he was not a member, he is acting the same

part, without any knowledge of the subject, and in this has the merit of

either following his own invention, of dealing out the information he

receives from some person of whom he is the wretched tool and dupe, at the

same time expressing himself with a decision, and making such professions

of being perfectly in every secret, as naturally tends, unless

contradicted, to deceive and delude the unsuspecting multitude. In one of

these predicaments the Landholder must stand, he is welcome to take his

choice, in either case he only wants to be known to be despised. Now sir,

let the Landholder come forward and give his name to the public. It is the

only thing necessary to finish his character, and to convince the world

that he is as dead to shame, as he is lost to truth and destitute of

honour. If I sir, can be instrumental in procuring him to disclose

himself; even in this I shall consider myself as rendering a service to my

country. I flatter myself for the dignity of human kind, there are few

such characters; but there is no situation in life, in which they may not

prove the bane and curse of society; they therefore ought to be known,

that they may be guarded against.

I am, sir, your very humble servant,

LUTHER MARTIN.

_Baltimore, March 3, 1788._

Luther Martin, III.

The Maryland Journal, (Number 1021)

TUESDAY, MARCH 18, 1788.

Number I.

TO THE CITIZENS OF MARYLAND.

To you my fellow citizens, I hold myself in a particular manner

accountable for every part of my conduct in the exercise of a trust

reposed in me by you, and should consider myself highly culpable if I was

to withhold from you any information in my possession, the knowledge of

which may be material to enable you to form a right judgment on questions

wherein the happiness of yourselves and your posterity are involved. Nor

shall I ever consider it an act of condescention when impeached in my

public conduct, or character, to vindicate myself at your bar, and to

submit myself to your decision. In conformity to these sentiments, which

have regulated my conduct since my return from the Convention, and which

will be the rule of my actions in the sequel, I shall at this time beg

your indulgence, while I make some observations on a publication which the

Landholder has done me the honour to address to me, in the Maryland

Journal of the 29th of February last. In my controversy with that writer,

on the subject of Mr. Gerry, I have already enabled you to decide, without

difficulty, on the credit which ought to be given to his most positive

assertions and should scarce think it worth my time to notice his charges

against myself, was it not for the opportunity it affords me of stating

certain facts and transactions, of which you ought to be informed, some of

which were undesignedly omitted by me when I had the honour of being

called before the House of Delegates. No “extreme modesty” on my part was

requisite to induce me to conceal the “sacrifice of resentments” against

Mr. Gerry, since no such sacrifice had ever been made, nor had any such

resentments ever existed. The principal opposition in sentiment between

Mr. Gerry and myself, was on the subject of representation; but even on

that subject, he was much more conceding than his colleagues, two of whom

obstinately persisted in voting against the equality of representation in

the senate, when the question was taken in Convention upon the adoption of

the conciliatory propositions, on the fate of which depended, I believe,

the continuance of the Convention. In many important questions we

perfectly harmonized in opinion, and where we differed, it never was

attended with warmth or animosity, nor did it in any respect interfere

with a friendly intercourse and interchange of attention and civilities.

We both opposed the extraordinary powers over the militia, given to the

general government. We were both against the re-eligibility of the

president. We both concurred in the attempt to prevent members of each

branch of the legislature from being appointable to offices, and in many

other instances, although the Landholder, with his usual regard to truth

and his usual imposing effrontery, tells me, that I “doubtless must

remember Mr. Gerry and myself never voted alike, except in the instances”

he has mentioned. As little foundation is there in his assertion, that I

“cautioned certain members to be on their guard against his wiles, for

that he and Mr. Mason held private meetings, where the plans were

concerted to aggrandize, at the expence of the small States, old

Massachusetts and the ancient dominion.” I need only state facts to refute

the assertion. Some time in the month of August, a number of members who

considered the system, as then under consideration and likely to be

adopted, extremely exceptionable, and of a tendency to destroy the rights

and liberties of the United States, thought it advisable to meet together

in the evenings, in order to have a communication of sentiments, and to

concert a plan of conventional opposition to, and amendment of that

system, so as, if possible, to render it less dangerous. Mr. Gerry was the

first who proposed this measure to me, and that before any meeting had

taken place, and wished we might assemble at my lodgings, but not having a

room convenient, we fixed upon another place. There Mr. Gerry and Mr.

Mason did hold meetings, but with them also met the Delegates from New

Jersey and Connecticut, a part of the Delegation from Delaware, an

honorable member from South Carolina, one other from Georgia, and myself.

These were the only “private meetings” that ever I knew or heard to be

held by Mr. Gerry and Mr. Mason, meetings at which I myself attended until

I left the Convention, and of which the sole object was not to aggrandize

the great at the expense of the small, but to protect and preserve, if

possible, the existence and essential rights of all the states, and the

liberty and freedom of their citizens. Thus, my fellow citizens, I am

obliged, unless I could accept the compliment at an expence of truth equal

to the Landholder’s, to give up all claim to being “placed beyond the

reach of ordinary panegyrick,” and to that “magnanimity” which he was so

solicitous to bestow upon me, that he has wandered [into] the regions of

falsehood to seek the occasion. When we find such disregard of truth, even

in the introduction, while only on the threshold, we may form judgment

what respect is to be paid to the information he shall give us of what

passed in the Convention when he “draws aside the veil,” a veil which was

interposed between our proceedings and the Public, in my opinion, for the

most dangerous of purposes, and which was never designed by the advocates

of the system to be drawn aside, or if it was, not till it should be too

late for any beneficial purpose, which as far as it is done, or pretended

to be done, on the present occasion, is only for the purpose of deception

and misrepresentation. It was on Saturday that I first took my seat. I

obtained that day a copy of the propositions that had been laid before the

Convention, and which were then the subject of discussion in a committee

of the whole. The Secretary was so polite as, at my request, to wait upon

me at the State House the next day (being Sunday), and there gave me an

opportunity of examining the journals and making myself acquainted with

the little that had been done before my arrival. I was not a little

surprised at the system brought forward, and was solicitous to learn the

reasons which had been assigned in its support; for this purpose the

journals could be of no service; I therefore conversed on the subject with

different members of the Convention, and was favoured with minutes of the

debates which had taken place before my arrival. I applied to history for

what lights it could afford me, and I procured everything the most

valuable I could find in Philadelphia on the subject of governments in

general, and on the American revolution and governments in particular. I

devoted my whole time and attention to the business in which we were

engaged, and made use of all the opportunities I had, and abilities I

possessed, conscientiously to decide what part I ought to adopt in the

discharge of that sacred duty I owed to my country, in the exercise of the

trust you had reposed in me. I attended the Convention many days without

taking any share in the debates, listening in silence to the eloquence of

others, and offering no other proof that I possessed the powers of speech,

than giving my yea or nay when a question was taken, and notwithstanding

my propensity to “endless garrulity,” should have been extremely happy if

I could have continued that line of conduct, without making a sacrifice of

your rights and political happiness. The committee of the whole house had

made but small progress, at the time I arrived, in the discussion of the

propositions which had been referred to them; they completed that

discussion, and made their report. The propositions of the minority were

then brought forward and rejected. The Convention had resumed the report

of the committee, and had employed some days in its consideration. Thirty

days, I believe, or more, had elapsed from my taking my seat before in the

language of the Landholder, I “opened in a speech which held during two

days.” Such, my fellow citizens, is the true state of the conduct I

pursued when I took my seat in Convention, and which the Landholder, to

whom falsehood appears more familiar than truth, with his usual

effrontery, has misrepresented by a positive declaration, that without

obtaining or endeavouring to obtain any information on the subject, I

hastily and insolently obtruded my sentiments on the Convention, and to

the astonishment of every member present, on the very day I took my seat,

began a speech, which continued two days, in opposition to those measures

which, on mature deliberation, had been adopted by the Convention. But I

“alone advocated the political heresy, that the people ought not to be

trusted with the election of representatives.” On this subject, as I would

wish to be on every other, my fellow citizens, I have been perfectly

explicit in the information I gave to the House of Delegates, and which

has since been published. In a state government, I consider all power

flowing immediately from the people in their individual capacity, and that

the people, in their individual capacity, have, and ever ought to have the

right of choosing delegates in a state legislature, the business of which

is to make laws, regulating their concerns, as individuals, and operating

upon them as such; but in a federal government, formed over free states,

the power flows from the people, and the right of choosing delegates

belongs to them only mediately through their respective state governments

which are the members composing the federal government, and from whom all

its power immediately proceeds; to which state governments, the choice of

the federal delegates immediately belongs. I should blush indeed for my

ignorance of the first elements of government, was I to entertain

different sentiments on the subject; and if this is “political heresy,” I

have no ambition to be ranked with those who are orthodox. Let me here, my

fellow citizens, by way of caution, add an observation, which will prove

to be founded in truth: those who are the most liberal in complimenting

you with powers which do not belong to you, act commonly from improper and

interested motives, and most generally have in view thereby to prepare the

way for depriving you of those rights to which you are justly entitled.

Every thing that weakens and impairs the bands of legitimate authority

smooths the road of ambition; nor can there be a surer method of

supporting and preserving the just rights of the people, than by

supporting and protecting the just rights of government. As to the

“jargon” attributed to me of maintaining that “notwithstanding each state

had an equal number of votes in the senate, yet the states were unequally

represented in the senate,” the Landholder has all the merit of its

absurdity; nor can I conceive what sentiment it is that I ever have

expressed, to which he, with his usual perversion and misrepresentation,

could give such a colouring. That I ever suggested the idea of letting

loose an army indiscriminately on the innocent and guilty, in a state

refusing to comply with the requisitions of Congress, or that such an idea

ever had place in my mind, is a falsehood so groundless, so base and

malignant, that it could only have originated or been devised by a heart

which would dishonour the midnight assassin. My sentiments on this subject

are well known; it was only in the case where a state refused to comply

with the requisitions of Congress, that I was willing to grant the general

government those powers which the proposed constitution gives it in every

case.(59) Had I been a greater friend to a standing army, and not quite so

averse to expose your liberties to a soldiery, I do not believe the

Landholder would have chose me for the object on whom to expend his

artillery of falsehood.

That a system may enable government wantonly to exercise power over the

militia, to call out an unreasonable number from any particular state

without its permission, and to march them upon, and continue them in,

remote and improper services; that the same system should enable the

government totally to discard, render useless, and even disarm, the

militia, when it would remove them out of the way of opposing its

ambitious views, is by no means inconsistent, and is really the case in

the proposed constitution. In both these respects it is, in my opinion,

highly faulty, and ought to be amended. In the proposed system the general

government has a power not only without the consent, but contrary to the

will of the state government, to call out the whole of its militia,

without regard to religious scruples, or any other consideration, and to

continue them in service as long as it pleases, thereby subjecting the

freemen of a whole state to martial law and reducing them to the situation

of slaves. It has also, by another clause, the powers by which only the

militia can be organized and armed, and by the neglect of which they may

be rendered utterly useless and insignificant, when it suits the ambitious

purposes of government. Nor is the suggestion unreasonable, even if it had

been made, that the government might improperly oppress and harass the

militia, the better to reconcile them to the idea of regular troops, who

might relieve them from the burthen, and to render them less opposed to

the measures it might be disposed to adopt for the purpose of reducing

them to that state of insignificancy and uselessness. When the Landholder

declared that “I contended the powers and authorities of the new

constitution must destroy the liberties of the people,” he for once

stumbled on the truth, but even this he could not avoid coupling with an

assertion utterly false. I never suggested that “the same powers could be

safely entrusted to the old Congress;” on the contrary, I opposed many of

the powers as being of that nature that, in my opinion, they could not be

entrusted to any government whatever consistent with the freedom of the

states and their citizens, and I earnestly recommended, what I wish my

fellow citizens deeply to impress on your minds, that in altering or

amending our federal government no greater powers ought to be given than

experience has shown to be necessary, since it will be easy to delegate

further power when time shall dictate the expediency or necessity, but

powers once bestowed upon a government, should they be found ever so

dangerous or destructive to freedom, cannot be resumed or wrested from

government but by another revolution.

LUTHER MARTIN.

_Baltimore, March 14, 1788._

Luther Martin, IV.

The Maryland Journal, (Number 1022)

FRIDAY, MARCH 21, 1788.

Number II.

TO THE CITIZENS OF MARYLAND.

In the recognition which the Landholder professes to make “of what

occurred to my advantage,” he equally deals in the arts of

misrepresentation, as while he was “only the record of the bad,” and I am

equally obliged from a regard to truth to disclaim his pretended

approbation as his avowed censure. He declares that I originated the

clause which enacts that “this Constitution and the laws of the United

States, which shall be made in pursuance thereof, and all treaties made,

or which shall be made, under the authority of the United States, shall be

the supreme law of the land, and the judges in every state shall be bound

thereby, any thing in the Constitution or the laws of any state to the

contrary notwithstanding.” To place this matter in a proper point of view,

it will be necessary to state, that as the propositions were reported by

the committee of the whole house, a power was given to the general

government to negative the laws passed by the state legislatures, a power

which I considered as totally inadmissible; in substitution of this I

proposed the following clause, which you will find very materially

different from the clause adopted by the Constitution, “that the

legislative acts of the United States, made by virtue and in pursuance of

the articles of the union, and all treaties made and ratified under the

authority of the United States, shall be the supreme law of the respective

states, so far as those acts or treaties shall relate to the said states

or their citizens, and that the judiciaries of the several states shall be

bound thereby in their decisions, any thing in the respective laws of the

individual states to the contrary notwithstanding.” When this clause was

introduced, it was not established that inferior continental courts should

be appointed for trial of all questions arising on treaties and on the

laws of the general government, and it was my wish and hope that every

question of that kind would have been determined in the first instance in

the courts of the respective states; had this been the case, the propriety

and the necessity that treaties duly made and ratified, and the laws of

the general government, should be binding on the state judiciaries which

were to decide upon them, must be evident to every capacity, while at the

same time, if such treaties or laws were inconsistent with our

constitution and bill of rights, the judiciaries of this state would be

bound to reject the first and abide by the last, since in the form I

introduced the clause, notwithstanding treaties and the laws of the

general government were intended to be superior to the laws of our state

government, where they should be opposed to each other, yet that they were

not proposed nor meant to be superior to our constitution and bill of

rights. It was afterwards altered and amended (if it can be called an

amendment) to the form in which it stands in the system now published, and

as inferior continental, and not state courts, are originally to decide on

those questions, it is now worse than useless, for being so altered as to

render the treaties and laws made under the general government superior to

our constitution, if the system is adopted it will amount to a total and

unconditional surrender to that government, by the citizens of this state,

of every right and privilege secured to them by our constitution, and an

express compact and stipulation with the general government that it may,

at its discretion, make laws in direct violation of those rights. But on

this subject I shall enlarge in a future number.

That I “voted an appeal should lay to the supreme judiciary of the United

States, for the correction of all errors both in law and fact,” in

rendering judgment is most true, and it is equally true that if it had

been so ordained by the Constitution, the supreme judiciary would only

have had an appellate jurisdiction, of the same nature with that possessed

by our high court of appeals, and could not in any respect intermeddle

with any fact decided by a jury; but as the clause now stands, an appeal

being given in general terms from the inferior courts, both as to law and

fact, it not only doth, but is avowedly intended, to give a power very

different from what our court of appeals, or any court of appeals in the

United States or in England enjoys, a power of the most dangerous and

alarming nature, that of setting at nought the verdict of a jury, and

having the same facts which they had determined, without any regard or

respect to their determination, examined and ultimately decided by the

judges themselves, and that by judges immediately appointed by the

government. But the Landholder also says that “I agreed to the clause that

declares nine states to be sufficient to put the government in motion.” I

cannot take to myself the merit even of this without too great a sacrifice

of truth. It was proposed that if seven states agreed that should be

sufficient; by a rule of Convention in filling up blanks, if different

numbers were mentioned, the question was always to be taken on the

highest. It was my opinion, that to agree upon a ratification of the

constitution by any less number than the whole thirteen states, is so

directly repugnant to our present articles of confederation, and the mode

therein prescribed for their alteration, and such a violation of the

compact which the states, in the most solemn manner, have entered into

with each other, that those who could advocate a contrary proposition,

ought never to be confided in, and entrusted in public life. I availed

myself of this rule, and had the question taken on thirteen, which was

rejected. Twelve, eleven, ten and nine were proposed in succession; the

last was adopted by a majority of the members. I voted successively for

each of these members, to prevent a less number being agreed on. Had nine

not been adopted, I should on the same principle have voted for eight. But

so far was I from giving my approbation that the assent of a less number

of states than thirteen should be sufficient to put the government in

motion, that I most explicitly expressed my sentiments to the contrary,

and always intended, had I been present when the ultimate vote was taken

on the constitution, to have given it my decided negative, accompanied

with a solemn protest against it, assigning this reason among others for

my dissent. Thus, my fellow citizens, that candour with which I have

conducted myself through the whole of this business obliges me, however

reluctantly, and however “mortifying it may be to my vanity,” to disavow

all “those greater positive virtues” which the Landholder has so

obligingly attributed to me in Convention, and which he was so desirous of

conferring upon me as to consider the guilt of misrepresentation and

falsehood but a trifling sacrifice for that purpose, and to increase my

mortification, you will find I am equally compelled to yield up every

pretence even to those of a negative nature, which a regard to justice

has, as he says, obliged him not to omit. These consist, as he tells us,

in giving my entire approbation to the system as to those parts which are

said to endanger a trial by jury, and as to its want of a bill of rights,

and in having too much candour there to signify that I thought it

deficient in either of these respects. But how, I pray, can the Landholder

be certain that I deserve this encomium? Is it not possible, as I so

frequently exhausted the politeness of the Convention, that some of those

marks of fatigue and disgust, with which he intimates I was mortified as

oft as I attempted to speak, might at that time have taken place, and have

been of such a nature as to attract his attention; or, perhaps, as the

Convention was prepared to slumber whenever I rose, the Landholder, among

others, might have sunk into sleep, and at that very moment might have

been feasting his imagination with the completion of his ambitious views,

and dreams of future greatness. But supposing I never did declare in

Convention that I thought the system defective in those essential points,

will it amount to a positive proof that I approved the system in those

respects, or that I culpably neglected an indispensable duty? Is it not

possible, whatever might have been my insolence and assurance when I first

took my seat, and however fond I might be at that time of obtruding my

sentiments, that the many rebuffs with which I met, the repeated

mortifications I experienced, the marks of fatigue and disgust with which

my eyes were sure to be assailed wherever I turned them—one gaping here,

another yawning there, a third slumbering in this place, and a fourth

snoring in that—might so effectually have put to flight all my original

arrogance, that, as we are apt to run into extremes, having at length

become convinced of my comparative nothingness, in so august an assembly

and one in which the science of government was so perfectly understood, I

might sink into such a state of modesty and diffidence as not to be able

to muster up resolution enough to break the seal of silence and open my

lips even after the rays of light had begun to penetrate my understanding,

and in some measure to chase away those clouds of error and ignorance in

which it was enveloped on my first arrival? Perhaps had I been treated

with a more forbearing indulgence while committing those memorable

blunders, for a want of a sufficient knowledge in the science of

government, I might, after the rays of light had illuminated my mind, have

rendered my country much more important services, and not only assisted in

raising some of the pillars, but have furnished the edifice with a new

roof of my own construction, rather better calculated for the convenience

and security of those who might wish to take shelter beneath it, than that

which it at present enjoys. Or even admitting I was not mortified, as I

certainly ought to have been, from the Landholder’s account of the matter,

into a total loss of speech, was it in me, who considered the system, for

a variety of reasons, absolutely inconsistent with your political welfare

and happiness, a culpable neglect of duty in not endeavouring, and that

against every chance of success, to remove one or two defects, when I had

before ineffectually endeavoured to clear it of the others, which

therefore, I knew must remain? But to be serious, as to what relates to

the appellate jurisdiction in the extent given by the system proposed, I

am positive there were objections made to it, and as far as my memory will

serve me, I think I was in the number of those who actually objected; but

I am sure that the objections met with my approbation. With respect to a

bill of rights, had the government been formed upon principles truly

federal, as I wished it, legislating over and acting upon the states only

in their collective or political capacity, and not on individuals, there

would have been no need of a bill of rights, as far as related to the

rights of individuals, but only as to the rights of states. But the

proposed constitution being intended and empowered to act not only on

states, but also immediately on individuals, it renders a recognition and

a stipulation in favour of the rights both of states and of men, not only

proper, but in my opinion absolutely necessary. I endeavoured to obtain a

restraint on the powers of the general government, as to standing armies,

but it was rejected. It was my wish that the general government should not

have the power of suspending the privilege of the writ of habeas corpus,

as it appears to me altogether unnecessary, and that the power given to it

may and will be used as a dangerous engine of oppression, but I could not

succeed. An honorable member from South Carolina most anxiously sought to

have a clause inserted securing the liberty of the Press, and repeatedly

brought this subject before the Convention, but could not obtain it. I am

almost positive he made the same attempt to have a stipulation in favour

of liberty of conscience, but in vain. The more the system advanced the

more was I impressed with the necessity of not merely attempting to secure

a few rights, but of digesting and forming a complete bill of rights,

including those of states and of individuals, which should be assented to,

and prefixed to the Constitution, to serve as a barrier between the

general government and the respective states and their citizens; because

the more the system advanced the more clearly it appeared to me that the

framers of it did not consider that either states or men had any rights at

all, or that they meant to secure the enjoyment of any to either the one

or the other; accordingly, I devoted a part of my time to the actually

preparing and draughting such a bill of rights, and had it in readiness

before I left the Convention, to have laid it before a committee. I

conversed with several members on the subject; they agreed with me on the

propriety of the measure, but at the same time expressed their sentiments

that it would be impossible to procure its adoption if attempted. A very

few days before I left the Convention, I shewed to an honorable member

sitting by me a proposition, which I then had in my hand, couched in the

following words: “Resolved that a committee be appointed to prepare and

report a bill of rights, to be prefixed to the proposed Constitution,” and

I then would instantly have moved for the appointment of a committee for

that purpose, if he would have agreed to second the motion, to do which he

hesitated, not as I understand from any objection to the measure, but from

a conviction in his own mind that the motion would be in vain.

Thus my fellow citizens, you see that so far from having no objections to

the system on this account, while I was at Convention, I not only then

thought a bill of rights necessary, but I took some pains to have the

subject brought forward, which would have been done, had it not been for

the difficulties I have stated. At the same time I declare that when I

drew up the motion, and was about to have proposed it to the Convention, I

had not the most distant hope it would meet with success. The rejection of

the clauses attempted in favour of particular rights, and to check and

restrain the dangerous and exorbitant powers of the general government

from being abused, had sufficiently taught me what to expect. And from the

best judgment I could form while in Convention, I then was, and yet

remained, decidedly of the opinion that ambition and interest had so far

blinded the understanding of some of the principal framers of the

Constitution, that while they were labouring to erect a fabrick by which

they themselves might be exalted and benefited, they were rendered

insensible to the sacrifice of the freedom and happiness of the states and

their citizens, which must, inevitably be the consequence. I most sacredly

believe their object is the total abolition and destruction of all state

governments, and the erection on their ruins of one great and extensive

empire, calculated to aggrandize and elevate its rulers and chief officers

far above the common herd of mankind, to enrich them with wealth, and to

encircle them with honours and glory, and which according to my judgment

on the maturest reflection, must inevitably be attended with the most

humiliating and abject slavery of their fellow citizens, by the sweat of

whose brows, and by the toil of whose bodies, it can only be effected.

And so anxious were its zealous promoters to hasten to a birth this

misshapened heterogenous monster of ambition and interest, that, for some

time before the Convention rose, upon the least attempt to alter its form,

or modify its powers, the most fretful impatience was shown, such as would

not have done much honour to a State Assembly, had they been sitting as

long a time, and their treasury empty; while it was repeatedly urged on

the contrary, but urged in vain, that in so momentous an undertaking, in

forming a system for such an extensive continent, on which the political

happiness of so many millions, even to the latest ages, may depend, no

time could be too long—no thoughts and reflections too great—and that if

by continuing six months, or even as many years, we could free the system

from all its errors and defects, it would be the best use to which we

could possibly devote our time. Thus my fellow citizens am I under

necessity of resigning again into the hands of the Landholder, all those

virtues both of a positive and negative kind, which from an excess of

goodness he bestowed upon me, and give him my full permission to dispose

of them hereafter in favour of some other person, who may be more

deserving, and to whom they will be more acceptable: at the same time, I

must frankly acknowledge, however it may operate as a proof of my dullness

and stupidity, that the “ignorance in the science of government” under

which I laboured at first was not removed by more than two months close

application under those august and enlightened masters of the science with

which the Convention abounded, nor was I able to discover during that

time, either by my own researches, or by any light borrowed from those

luminaries, anything in the history of mankind or in the sentiments of

those who have favoured the world with their ideas on government, to

warrant or countenance the motley mixture of a system proposed: a system

which is an innovation in government of the most extraordinary kind; a

system neither wholly federal, nor wholly national—but a strange

hotch-potch of both—just so much federal in appearance as to give its

advocates in some measure, an opportunity of passing it as such upon the

unsuspecting multitude, before they had time and opportunity to examine

it, and yet so predominantly national as to put it in the power of its

movers, whenever the machine shall be set agoing, to strike out every part

that has the appearance of being federal, and to render it wholly and

entirely a national government: And if the framing and approving the

Constitution now offered to our acceptance, is a proof of knowledge in the

science of government, I not only admit, but I glory in my ignorance; and

if my rising to speak had such a somnific influence on the Convention as

the Landholder represents, I have no doubt the time will come, should this

system be adopted, when my countrymen will ardently wish I had never left

the Convention, but remained there to the last, daily administering to my

associates the salutary opiate. Happy, thrice happy, would it have been

for my country, if the whole of that time had been devoted to sleep, or

been a blank in our lives, rather than employed in forging its chains. As

I fully intended to have returned to the Convention before the completion

of its business, my colleagues very probably might, and were certainly

well warranted to, give that information the Landholder mentions; but

whether the Convention was led to conclude that I “would have honoured the

Constitution with my signature had not indispensable business called me

away,” may be easily determined after stating a few facts. The Landholder

admits I was at first against the system—when the compromise took place on

the subject of representation, I in the most explicit manner declared in

Convention, that though I had concurred in the report, so far as to

consent to proceed upon it that we might see what kind of a system might

be formed, yet I disclaimed every idea of being bound to give it my

assent, but reserved to myself the full liberty of finally giving it my

negative, if it appeared to me inconsistent with the happiness of my

country. In a desultory conversation which long after took place in

Convention, one morning before our honourable president took the chair, he

was observing how unhappy it would be should there be such a diversity of

sentiment as to cause any of the members to oppose the system when they

returned to their states; on that occasion I replied that I was confident

no state in the union would more readily accede to a proper system of

government than Maryland, but that the system under consideration was of

such a nature, that I never could recommend it for acceptance; that I

thought the state never ought to adopt it, and expressed my firm belief

that it never would.

An honourable member from Pennsylvania objected against that part of the

sixth article which requires an oath to be taken by the persons there

mentioned, in support of the constitution, observing (as he justly might

from the conduct the convention was then pursuing) how little such oaths

were regarded. I immediately joined in the objection, but declared my

reason to be, that I thought it such a constitution as no friend of his

country ought to bind himself to support. And not more than two days

before I left Philadelphia, another honourable member from the same state

urged most strenuously that the Convention ought to hasten their

deliberations to a conclusion, assigning as a reason that the Assembly of

Pennsylvania was just then about to meet, and that it would be of the

greatest importance to bring the system before that session of the

legislature, in order that a Convention of the State might be immediately

called to ratify it, before the enemies of the system should have an

opportunity of making the people acquainted with their objections, at the

same time declaring that if the matter should be delayed and the people

have time to hear the variety of objections which would be made to it by

its opposers, he thought it doubtful whether that state or any other state

in the union would adopt it.(60) As soon as the honourable member took his

seat, I rose and observed, that I was precisely of the same opinion, that

the people of America never would, nor did I think they ought to, adopt

the system, if they had time to consider and understand it; whereas a

proneness for novelty and change—a conviction that some alteration was

necessary, and a confidence in the members who composed the

Convention—might possibly procure its adoption, if brought hastily before

them, but that these sentiments induced me to wish that a very different

line of conduct should be pursued from that recommended by the honourable

member. I wished the people to have every opportunity of information, as I

thought it much preferable that a bad system should be rejected at first,

than hastily adopted and afterwards be unavailingly repented of. If these

were instances of my “high approbation,” I gave them in abundance as all

the Convention can testify, and continued so to do till I left them. That

I expressed great regret at being obliged to leave Philadelphia, and a

fixed determination to return if possible before the Convention rose, is

certain. That I might declare that I had rather lose an hundred guineas

than not to be there at the close of the business is very probable—and it

is possible that some who heard me say this, not knowing my reasons, which

could not be expressed without a breach of that secrecy to which we were

enjoined, might erroneously have concluded that my motive was the

gratification of vanity, in having my name enrolled with those of a

Franklin and a Washington. As to the first, I cordially join in the

tribute of praise so justly paid to the enlightened philosopher and

statesman, while the polite, friendly and affectionate treatment myself

and my family received from that venerable sage and the worthy family in

which he is embosomed, will ever endear him to my heart. The name of

Washington is far above my praise. I would to Heaven that on this occasion

one more wreath had been added to the number of those which are twined

around his amiable brow—that those with which it is already surrounded may

flourish with immortal verdure, nor wither or fade till time shall be no

more, is my fervent prayer, and may that glory which encircles his head

ever shine with undiminished rays. To find myself under the necessity of

opposing such illustrious characters, whom I venerated and loved, filled

me with regret; but viewing the system in the light I then did, and yet do

view it, to have hesitated would have been criminal; complaisance would

have been guilt. If it was the idea of my state that whatever a Washington

or Franklin approved, was to be blindly adopted, she ought to have spared

herself the expence of sending any members to the Convention, or to have

instructed them implicitly to follow where they led the way. It was not to

have my “name enrolled with the other labourers,” that I wished to return

to Philadelphia—that sacrifice which I must have made of my principles by

putting my name to the Constitution, could not have been effaced by any

derivative lustre it could possibly receive from the bright constellation

with which it would have been surrounded. My object was in truth the very

reverse; as I had uniformly opposed the system in its progress, I wished

to have been present at the conclusion, to have then given it my solemn

negative, which I certainly should have done, even had I stood single and

alone, being perfectly willing to leave it to the cool and impartial

investigation both of the present and of future ages to decide who best

understood the science of government—who best knew the rights of men and

of states, who best consulted the true interest of America, and who most

faithfully discharged the trust reposed in them, those who agreed to or

those who opposed the new Constitution—and so fully have I made up my own

mind on this subject, that as long as the history of mankind shall record

the appointment of the late Convention, and the system which has been

proposed by them, it is my highest ambition that my name may also be

recorded as one who considered the system injurious to my country, and as

such opposed it. Having shown that I did not “alter my opinion after I

left Philadelphia,” and that I acted no “contradictory parts on the great

political stage,” and therefore that there are none such to reconcile, the

reason assigned by the Landholder for that purpose doth not deserve my

notice, except only to observe that he shrewdly intimates there is already

a Junto established, who are to share in and deal out the offices of this

new government at their will and pleasure, and that they have already

fixed upon the character who is to be “Deputy Attorney General of the

United States for the State of Maryland.” If this is true, it is worth

while to inquire of whom this Junto consists, as it might lead to a

discovery of the persons for the gratification of whose ambition and

interest this system is prepared, and is, if possible, to be enforced, and

from the disposition of offices already allotted in the various and

numerous departments, we possibly might discover whence proceeds the

conviction and zeal of some of its advocates.

LUTHER MARTIN.

_Baltimore, March 19, 1788._

Luther Martin, V.

The Maryland Journal, (Number 1024)

FRIDAY, MARCH 28, 1788.

Number III.

TO THE CITIZENS OF MARYLAND.

There is, my fellow citizens, scarcely an individual of common

understanding, I believe, in this state, who is any ways acquainted with

the proposed Constitution, who doth not allow it to be, in many instances,

extremely censurable, and that a variety of alterations and amendments are

essentially requisite, to render it consistent with a reasonable security

for the liberty of the respective states, and their citizens.

Aristides,(61) it is true, is an exception from this observation; he

declares, that “if the whole matter was left to his discretion, he would

not change any part of the proposed Constitution,” whether he meant this

declaration as a proof of his discretion, I will not say; it will however,

readily be admitted, by most, as a proof of his enthusiastic zeal in

favour of the system. But it would be injustice to that writer not to

observe, that if he is as much mistaken in the other parts of the

Constitution, as in that which relates to the judicial department, the

Constitution which he is so earnestly recommending to his countrymen, and

on which he is lavishing so liberally his commendations, is a thing of his

own creation and totally different from that which is offered for your

acceptance.—He has given us an explanation of the original and appellate

jurisdiction of the judiciary of the general government, and of the manner

in which he supposes it is to operate—an explanation so inconsistent with

the intention of its framers, and so different from its true construction

and from the effect which it will have, should the system be adopted, that

I could scarce restrain my astonishment at the error, although I was in

some measure prepared for it, by his previous acknowledgment that he did

not very well understand that part of the system; a circumstance I

apprehended he did not recollect at the time when he was bestowing upon it

his dying benediction. And if one of our judges, possessed of no common

share of understanding, and of extensive acquired knowledge, who, as he

informs us, has long made the science of government his peculiar study, so

little understands the true import and construction of this Constitution,

and that too in a part more particularly within his own province, can it

be wondered at that the people in general, whose knowledge in subjects of

this nature is much more limited and circumscribed, should but imperfectly

comprehend the extent, operation and consequences of so complex and

intricate a system; and is not this of itself a strong proof of the

necessity that it should be corrected and amended, at least so as to

render it more clear and comprehensible to those who are to decide upon

it, or to be affected by it. But although almost every one agrees the

Constitution, as it is, to be both defective and dangerous, we are not

wanting in characters who earnestly advise us to adopt it, in its present

form, with all its faults, and assure us we may safely rely on obtaining

hereafter the amendments that are necessary. But why, I pray you, my

fellow citizens, should we not insist upon the necessary amendments being

made now, while we have the liberty of acting for ourselves, before the

Constitution becomes binding upon us by our assent, as every principle of

reason, common sense and safety would dictate? Because, say they, the

sentiments of men are so different, and the interests of the different

states are so jarring and dissonant, that there is no probability they

would agree if alterations and amendments were attempted. Thus with one

breath they tell us that the obstacles to any alterations and amendments

being agreed to by the states are so insuperable, that it is vain to make

the experiment, while in the next they would persuade us it is so certain

the states will accede to those which shall be necessary, and that they

may be procured even after the system shall be ratified, that we need not

hesitate swallowing the poison, from the ease and security of instantly

obtaining the antidote—and they seem to think it astonishing that any

person should find a difficulty in reconciling the absurdity and

contradiction. If it is easy to obtain proper amendments, do not let us

sacrifice everything that ought to be dear to freemen, for want of

insisting upon its being done, while we have the power. If the obtaining

them will be difficult and improbable, for God’s sake do not accept of

such a form of government as without amendments cannot fail of rendering

you mere beasts of burthen, and reducing you to a level with your own

slaves, with this aggravating distinction, that you once tasted the

blessings of freedom. Those who would wish you to believe that the faults

in the system proposed are wholly or principally owing to the difference

of state interests, and proceed from that cause, are either imposed upon

themselves, or mean to impose upon you. The principal questions, in which

the state interests had any material effect, were those which related to

representation, and the number in each branch of the legislature, whose

concurrence should be necessary for passing navigation acts, or making

commercial regulations. But what state is there in the union whose

interest would prompt it to give the general government the extensive and

unlimited powers it possesses in the executive, legislative and judicial

departments, together with the powers over the militia, and the liberty of

establishing a standing army without any restriction? What state in the

union considers it advantageous to its interest that the President should

be re-eligible—the members of both houses appointable to offices—the

judges capable of holding other offices at the will and pleasure of the

government, and that there should be no real responsibility either in the

President or in the members of either branch of the Legislature? Or what

state is there that would have been averse to a bill of rights, or that

would have wished for the destruction of jury trial in a great variety of

cases, and in a particular manner in every case without exception where

the government itself is interested? These parts of the system, so far

from promoting the interest of any state, or states, have an immediate

tendency to annihilate all the state governments indiscriminately, and to

subvert their rights and the rights of their citizens. To oppose these,

and to procure their alteration, is equally the interest of every state in

the union. The introduction of these parts of the system must not be

attributed to the jarring interests of states, but to a very different

source, the pride, the ambition and the interest of individuals. This

being the case, we may be enabled to form some judgment of the probability

of obtaining a safe and proper system, should we have firmness and wisdom

to reject that which is now offered; and also of the great improbability

of procuring any amendments to the present system, if we should weakly and

inconsiderately adopt it. The bold and daring attempt that has been made

to use, for the total annihilation of the states, that power that was

delegated for their preservation, will put the different states on their

guard. The votaries of ambition and interest being totally defeated in

their attempt to establish themselves on the ruins of the States, which

they will be if this Constitution is rejected, an attempt in which they

had more probability of success from the total want of suspicion in their

countrymen than they can have hereafter, they will not hazard a second

attempt of the same nature, in which they will have much less chance of

success; besides, being once discovered they will not be confided in. The

true interest and happiness of the states and their citizens will,

therefore, most probably be the object which will be principally sought

for by a second Convention, should a second be appointed, which if really

aimed at, I cannot think very difficult to accomplish, by giving to the

federal government sufficient power for every salutary purpose, while the

rights of the states and their citizens should be secure from any imminent

danger. But if the arts and influence of ambitious and interested men,

even in their present situation, while more on a level with yourselves,

and unarmed with any extraordinary powers, should procure you to adopt

this system, dangerous as it is admitted to be to your rights, I will

appeal to the understanding of every one of you, who will on this occasion

give his reason fair play, whether there is not every cause to believe

they will, should this government be adopted, with that additional power,

consequence and influence it will give them, most easily prevent the

necessary alterations which might be wished for, the purpose of which

would be directly opposite to their views, and defeat every attempt to

procure them. Be assured, whatever obstacles or difficulties may be at

this time in the way of obtaining a proper system of government, they will

be increased an hundred fold after this system is adopted. Reflect also, I

entreat you, my fellow citizens, that the alterations and amendments which

are wanted in the present system are of such a nature as to diminish and

lessen, to check and restrain the powers of the general government, not to

increase and enlarge those powers. If they were of the last kind, we might

safely adopt it, and trust to giving greater powers hereafter, like a

physician who administers an emetic ex re nata, giving a moderate dose at

first, and increasing it afterwards as the constitution of the patient may

require. But I appeal to the history of mankind for this truth, that when

once power and authority are delegated to a government, it knows how to

keep it, and is sufficiently and successfully fertile in expedients for

that purpose. Nay more, the whole history of mankind proves that so far

from parting with the powers actually delegated to it, government is

constantly encroaching on the small pittance of rights reserved by the

people to themselves, and gradually wresting them out of their hands until

it either terminates in their slavery or forces them to arms, and brings

about a revolution. From these observations it appears to me, my fellow

citizens, that nothing can be more weak and absurd than to accept of a

system that is admitted to stand in need of immediate amendments to render

your rights secure—for remember, if you fail in obtaining them, you cannot

free yourselves from the yoke you will have placed on your necks, and

servitude must, therefore, be your portion. Let me ask you my fellow

citizens what you would think of a physician who, because you were

slightly indisposed, should bring you a dose which properly corrected with

other ingredients might be a salutary remedy, but of itself was a deadly

poison, and with great appearance of friendship and zeal, should advise

you to swallow it immediately, and trust to accident for those requisites

necessary to qualify its malignity, and prevent its destructive effects?

Would not you reject the advice, in however friendly a manner it might

appear to be given, with indignation, and insist that he should first

procure, and properly attempt, the necessary ingredients, since after the

fatal draught was once received into your bowels, it would be too late

should the antidote prove unattainable, and death must ensue. With the

same indignation ought you, my fellow citizens, to reject the advice of

those political quacks, who under pretence of healing the disorders of our

present government, would urge you rashly to gulp down a constitution,

which in its present form, unaltered and unamended, would be as certain

death to your liberty, as arsenic could be to your bodies.

LUTHER MARTIN.

_Baltimore, March 25, 1788._

Luther Martin, VI.

The Maryland Journal, (Number 1026)

FRIDAY, APRIL 4, 1788.

Number IV.

TO THE CITIZENS OF MARYLAND.

Essays on the Constitution of the United States Published during its Discussion by the People, 1787-1788 · 第 7 / 8 章