If those, my fellow citizens, to whom the administration of our government

was about to be committed, had sufficient wisdom never to err, and

sufficient goodness always to consult the true interest of the governed,

and if we could have a proper security that their successors should to the

end of time be possessed of the same qualifications, it would be

impossible that power could be lavished upon them with too liberal a hand.

Power absolute and unlimited, united with unerring wisdom and unbounded

goodness, is the government of the Deity of the universe. But remember, my

fellow citizens, that the persons to whom you are about to delegate

authority are and will be weak, erring mortals, subject to the same

passions, prejudices and infirmities with yourselves; and let it be deeply

engraven on your hearts, that from the first history of government to the

present time, if we begin with Nimrod and trace down the rulers of nations

to those who are now invested with supreme power, we shall find few, very

few, who have made the beneficent Governor of the universe the model of

their conduct, while many are they who, on the contrary, have imitated the

demons of the darkness. We have no right to expect that our rulers will be

more wise, more virtuous, or more perfect than those of other nations have

been, or that they will not be equally under the influence of ambition,

avarice and all that train of baleful passions, which have so generally

proved the curse of our unhappy race. We must consider mankind such as

they really are,—such as experience has shown them to be heretofore, and

bids us expect to find them hereafter,—and not suffer ourselves to be

misled by interested deceivers or enthusiastick visionaries; and therefore

in forming a system of government, to delegate no greater power than is

clearly and certainly necessary, ought to be the first principle with

every people who are influenced by reason and a regard for their safety,

and in doing this, they ought most solicitously to endeavour so to qualify

even that power, by such checks and restraints, as to produce a perfect

responsibility in those who are to exercise it, and prevent them from its

abuse with a chance of impunity;—since such is the nature of man, that he

has a propensity to abuse authority and to tyrannize over the rights of

his fellowmen;—and to whomsoever power is given, not content with the

actual deposit, they will ever strive to obtain an increase. Those who

would wish to excite and keep awake your jealousy and distrust are your

truest friends; while they who speak peace to you when there is no

peace—who would lull you into security, and wish you to repose blind

confidence in your future governors—are your most dangerous enemies;

jealousy and distrust are the guardian angels who watch over

liberty—security and confidence are the forerunners of slavery. But the

advocates of the system tell you that we who oppose it, endeavour to

terrify you with mere possibilities which may never be realized, that all

our objections consist in saying government may do this, and government

may do that—I will for argument sake admit the justice of this remark, and

yet maintain that the objections are insurmountable. I consider it an

incontrovertible truth, that whatever by the constitution government even

may do, if it relates to the abuse of power by acts tyrannical and

oppressive, it some time or other will do. Such is the ambition of man,

and his lust for domination, that no power less than that which fixed its

bounds to the ocean can say to them, “Thus far shall ye go and no

farther.” Ascertain the limits of the may with ever so much precision, and

let them be as extensive as you please, government will speedily reach

their utmost verge; nor will it stop there, but soon will overleap those

boundaries, and roam at large into the regions of the may not. Those who

tell you the government by this constitution may keep up a standing army,

abolish the trial by jury, oppress the citizens of the states by its

powers over the militia, destroy the freedom of the press, infringe the

liberty of conscience, and do a number of other acts injurious and

destructive of your rights, yet that it never will do so; and that you

safely may accept such a constitution and be perfectly at ease and secure

that your rulers will always be so good, so wise, and so virtuous—such

emanations of the Deity—that they will never use their power but for your

interest and your happiness, contradict the uniform experience of ages,

and betray a total ignorance of human nature, or a total want of

ingenuity. Look back, my fellow citizens, to your conduct but a few years

past, and let that instruct you what ought to be your conduct at this

time. Great Britain then claimed the right to pass laws to bind you in all

cases whatever. You were then told in all the soft insinuating language of

the present day, and with all the appearance of disinterested friendship

now used, that those who insisted this claim of power might be abused,

only wandered in the regions of fancy—that you need not be uneasy, but

might safely acquiesce in the claim—that you might have the utmost

possible confidence in your rulers, that they never would use that power

to your injury; but distrustful of government, and jealous of your

liberty, you rejected such counsel with disdain; the bare possibility that

Britain might abuse it, if once conceded, kindled a flame from one end of

this continent to the other, and roused you to arms. Weak and defenseless

as you were, unused to military exertions, and unsupplied with warlike

stores, you braved the strength of a nation the most powerful and best

provided—you chose to risk your lives and property rather than to risque

the possibility that the power claimed by the British government should be

exercised to your injury—a possibility which the minions of power at that

time, with as much confidence as those of the present day, declared to be

absolutely visionary. Heaven wrought a miracle in your favour, and your

efforts were crowned with success. You are not now called upon to make an

equal sacrifice, you are not now requested to beat your ploughshares into

swords, or your pruning hooks into spears, to leave your peaceful

habitations, and exchange domestic tranquillity for the horrors of war;

peaceably, quietly and orderly to give this system of slavery your

negative, is all that is asked by the advocates of freedom—to pronounce

the single monosyllable no, is all they entreat. Shall they entreat you in

vain? When by this it is to be determined, whether our independence, for

obtaining which we have been accustomed to bow the knee with reverential

gratitude to Heaven, shall be our greatest curse; and when on this it

depends whether we shall be subject to a government, of which the little

finger will be thicker than the loins of that of Great Britain. But there

are also persons who pretend that your situation is at present so bad that

it cannot be worse, and urge that as an argument why we should embrace any

remedy proposed, however desperate it may appear. Thus do the poor erring

children of mortality, suffering under the presence of real or imaginary

evils, have recourse to a pistol or halter for relief, and rashly launch

into the untried regions of eternity—nor wake from this delusion, until

they wake in endless woe. Should the citizens of America, in a fit

desperation, be induced to commit this fatal act of political suicide, to

which by such arguments they are stimulated, the day will come when

laboring under more than Egyptian bondage; compelled to finish their quota

of brick, though destitute of straw and of mortar; galled with your

chains, and worn down by oppression, you will, by sad experience, be

convinced (when that conviction shall be too late), that there is a

difference in evils, and that the buzzing of gnats is more supportable

than the sting of a serpent. From the wisdom of antiquity we might obtain

excellent instruction, if we were not too proud to profit by it. Æsop has

furnished us with a history of a nation of frogs, between which and our

own there is a striking resemblance—whether the catastrophe be the same,

rests with ourselves. Jupiter out of pure good nature, wishing to do them

as little injury as possible, on being asked for a king, had thrown down

into their pond a log to rule over them;—under whose government, had they

been wise enough to know their own interest and to pursue it, they might

to this day, have remained happy and prosperous. Terrified with the noise,

and affrighted by the violent undulations of the water, they for some time

kept an awful distance, and regarded their monarch with reverence; but the

first impression being in some measure worn off, and perceiving him to be

of a tame and peaceable disposition, they approached him with familiarity,

and soon entertained for him the utmost contempt. In a little time were

seen the leaders of the frogs croaking to their respective circles on the

weakness and feebleness of the government at home, and of its want of

dignity and respect abroad, till the sentiment being caught by their

auditors, the whole pond resounded with “Oh Jupiter, good Jupiter, hear

our prayers! Take away from us this vile log, and give us a ruler who

shall know how to support the dignity and splendor of government! Give us

any government you please, only let it be energetic and efficient.” The

Thunderer, in his wrath, sent them a crane. With what delight did they

gaze on their monarch, as he came majestically floating on the wings of

the wind. They admired his uncommon shape—it was such as they had never

before seen—his deformities were, in their eyes, the greatest of beauties,

and they were heard like Aristides to declare that, were they on the verge

of eternity, they would not wish a single alteration in his form. His

monstrous beak, his long neck, and his enormous poke, even these, the

future means of their destruction, were subjects of their warm

approbation. He took possession of his new dominions, and instantly began

to swallow down his subjects, and it is said that those who had been the

warmest zealots for crane administration, fared no better than the rest.

The poor wretches were now much more dissatisfied than before, and with

all possible humility applied to Jupiter again for his aid, but in vain—he

dismissed them with this reproof, “that the evil of which they complained

they had foolishly brought upon themselves, and that they had no other

remedy now, but to submit with patience.” Thus forsaken by the god, and

left to the mercy of the crane, they sought to escape his cruelty by

flight; but pursuing them to every place of retreat, and thrusting his

long neck through the water to the bottom, he drew them out with his beak

from their most secret hiding-places, and served them up as a regale for

his ravenous appetite. The present federal government is, my fellow

citizens, the log of the fable—the crane is the system now offered to your

acceptance—I wish you not to remain under the government of the one, nor

to become subjected to the tyranny of the other. If either of these events

take place, it must arise from your being greatly deficient to

yourselves—from your being, like the nation of Frogs, “a discontented,

variable race, weary of liberty and fond of change.” At the same time I

have no hesitation in declaring, that if the one or the other must be our

fate, I think the harmless, inoffensive, though contemptible Log,

infinitely to be preferred to the powerful, the efficient, but

all-devouring Crane.

LUTHER MARTIN.

_Baltimore, March 29, 1788._

LETTER OF A PLAIN DEALER, ACCREDITED TO SPENCER ROANE.

Printed In

The Virginia Independent Chronicle,

February, 1788.

Note.

In October, 1787, Governor Edmund Randolph, delegate to the Federal

Convention from Virginia, addressed to the Speaker of the House of

Delegates a letter on the Federal Constitution. This was published in

December, 1787, in both _The Virginia Gazette_ and _The Virginia

Independent Chronicle_, as well as in pamphlet form at the time, and

recently in Ford’s _Pamphlets on the Constitution_. Randolph had declined

to give his assent to the Constitution in the Convention, but had so far

altered his views in the intervening period as to make his letter on the

whole an argument in favor of rather than against its adoption. Uncertain

in exactly what light to regard his utterances, it was one of the few

writings of the time which did not receive replies from one party or the

other.

The essay of “A Plain Dealer” is the only notice I have found of this

letter, and deals rather more with the inconsistencies of Randolph’s

views, than with the arguments advanced in the letter. Of the author,

Randolph himself gives us a clue in his letter to Madison, of February 29,

1788, where he writes:

A writer calling himself Plain Dealer, who is bitter in principle

_vs._ the Constitution, has attacked me in the paper. I suspect

the author to be Mr. Spencer Roane; and the importunities of some

to me in public and private are designed to throw me unequivocally

and without condition into the opposition.

A Plain Dealer.

The Virginia Independent Chronicle, (Number 82)

WEDNESDAY, FEBRUARY 13, 1788.

_Mans parturiens et ecce nascitur mus._

After a long and general expectancy of some dissertation on the subject of

the proposed Federal Constitution, worthy the first magistrate of the

respectable state of Virginia, a letter of his Excellency Governor

Randolph, of Oct. 10, 1787, is at length presented to the public. Previous

to the appearance of this letter, various opinions were prevailing in

different parts of this country respecting that gentleman’s _real_ opinion

on the subject of the said Constitution; and it became difficult for many

to conjecture how his Excellency would devise a middle course, so as to

catch the spirit of all his countrymen, and to reconcile himself to all

parties. It was not known to me, at least, that his Excellency felt an

“unwillingness to disturb the harmony of the legislature” on this

important subject; nor could I conceive that the sentiments of even the

ablest man among us could “excite a contest unfavorable” to the fairest

discussion of the question. On the other hand, I thought it right that the

adversaries of the Constitution, as well as its framers, should candidly

avow their real sentiments as early and decidedly as possible, for the

information of those who are to determine. It is true, his Excellency was

prevented declaring his opinion sooner, “by motives of delicacy arising

from two questions depending before the General Assembly, one respecting

the Constitution, the other respecting himself;” but I am of opinion that

during the pendency of a question concerning the Constitution, every

information on that subject is most properly to be adduced; and I did not

know that the being or not being Governor of Virginia, (an office in a

great degree nominal) was sufficient to deter a real patriot from speaking

the warning voice of opposition, in behalf of the liberties of his

country.

The letter above-mentioned can derive no aid from panegyric, as to the

brilliancy and elegance of its stile, for unlike the threadbare discourses

of other statesmen on the dry subject of government, it amuses us with a

number of fine words. But how shall I express my dislike of the ultimatum

of his Excellency’s letter, wherein he declares “that if after our best

efforts for amendments, they cannot be obtained, he will adopt the

Constitution as it is.” How is this declaration reconcilable to a former

opinion of his Excellency’s, expressed to the Honorable Richard Henry Lee,

and repeated by the latter gentleman in his letter,(62) as printed in the

public papers, “that either a monarchy or an aristocracy will be generated

from the proposed Constitution.” Good God! how can the first Magistrate

and Father of a free republican government, after a feeble parade of

opposition, and before his desired plan of amendments has been determined

upon, declare that he will accept a Constitution which is to beget a

monarchy or an aristocracy? How can such a determination be reconcilable

to the feelings of Virginia, and to the principles which have prevailed in

almost every legislature of the union, who looked no farther than the

amendment of our present republican confederation? I have charity to

believe that the respectable characters who signed this Constitution did

so, thinking that neither a monarchy nor an aristocracy would ensue, but

that they should thereby preserve and ameliorate the republic of America;

but never until now, that his Excellency has let the cat out of the bag,

did I suppose that any member of the Convention, at least from the

republican state of Virginia, would accept a Constitution, whereby the

republic of his constituents is to be sacrificed in its infancy, and

before it has had a fair trial. But his Excellency will adopt this

Constitution, “BECAUSE HE WOULD REGULATE HIMSELF BY THE SPIRIT OF

AMERICA.” But is his Excellency a prophet as well as a politician—can he

foretell future events? How else can he at this time discover what the

spirit of America is? But admitting his infallibility for a moment, how

far will his principle carry him?—why, that if the dominion of Shays,

instead of that of the new Constitution, should be generally accepted, and

become the spirit of America, his Excellency, too, would turn Shayite!—and

yet this question of the Constitution, is “ONE ON WHICH THE FATE OF

THOUSANDS YET UNBORN DEPENDS.” It is his Excellency’s opinion, as

expressed in the aforesaid letter, that the powers which are acknowledged

necessary for supporting the Union, cannot safely be entrusted to our

Congress as at present constituted; and his vain objection is “that the

representation of the states bears no proportion to their importance.”

This is literally true; but is equally true of the Senate of the proposed

Constitution, which is to be an essential part of the legislature; and yet

his Excellency will accept the latter, and not agree to invest the

necessary powers in the former, although the above objection equally

applies to both. Nay, I am inclined to believe that the injurious

consequences of this unequal representation will operate more strongly

under the new government—for under the present confederation the members

of Congress are removable at the pleasure of their constituents;—whereas

under the proposed Constitution, the only method of removing a wicked,

unskilful or treacherous senator, will be by impeachment before the senate

itself, of which he is a member.

These, Mr. Printer, are some of the inconsistencies which even a slight

observation of the above letter will suggest. It is not my purpose to

oppose now, or to investigate, the merits of the Constitution. This I

leave to abler pens, and to the common sense of my countrymen. The science

of government is _in itself_ simple and plain; and if in the history of

mankind no perfect government can be found, let it be attributed to the

chicane, perfidy and ambition of those who fabricate them; and who are

more or less, in common with all mankind, infected with a lust of power.

It is, however, certainly not consistent with sound sense to accept a

Constitution, knowing it to be imperfect; and his Excellency acknowledges

the proposed one to have radical objections. A Constitution ought to be

like Cæsar’s wife, not only good, but unsuspected, since it is the highest

compact which men are capable of forming, and involves the dearest rights

of life, liberty and property. I fear his Excellency has done no service

to his favorite scheme of amendments (and he too seems to be of the same

opinion) by his very candid declaration at the end of his letter. Subtlety

and chicane in politics, are equally odious and dishonorable; but when it

is considered that the present is not the golden age—the epoch of virtue,

candor and integrity—that the views of ambitious and designing men are

continually working to their own aggrandizement and to the overthrow of

liberty, and that the discordant interests of thirteen different

commonwealths are to be reconciled and promoted by one general government;

common reason will teach us that the utmost caution, secrecy, and

political sagacity is requisite to secure to each the important blessings

of a good government.

I shall now take my leave of his Excellency and the above-mentioned

letter, declaring my highest veneration for his character and abilities;

and it can be no impeachment of the talents of any man who has not served

a regular apprenticeship to politics, to say, that his opinions on an

intricate political question are erroneous. For if, as the celebrated Dr.

Blackstone observes, “in every art, occupation, or science, commercial or

mechanical, some method of instruction or apprenticeship is held

necessary, how much more requisite will such apprenticeship be found to

be, in the science of government, the noblest and most difficult of any!”

A PLAIN DEALER.

REMARKS ON THE NEW PLAN OF GOVERNMENT, BY HUGH WILLIAMSON.

Printed In

The State Gazette Of North Carolina.

1788.

Note.

No file of the _State Gazette of North Carolina_ is now known to exist, so

the date of publication of this essay is in doubt. It is printed from a

clipping from that paper, preserved by Williamson himself, which is in the

library of the New York Historical Society. A note states that:

“The following remarks on the new Plan of Government are handed us

as the substance of Dr. Williamson’s Address to the freemen of

Edenton and the County of Chowan when assembled to instruct their

representatives.”

Remarks.

State Gazette Of North Carolina.

Though I am conscious that a subject of the greatest magnitude must suffer

in the hands of such an advocate, I cannot refuse, at the request of my

fellow-citizens, to make some observations on the new plan of government.

It seems to be generally admitted, that the system of government which has

been proposed by the late convention, is well calculated to relieve us

from many of the grievances under which we have been laboring. If I might

express my particular sentiments on this subject, I should describe it as

more free and more perfect than any form of government that has ever been

adopted by any nation; but I would not say it has no faults. Imperfection

is inseparable from every device. Several objections were made to this

system by two or three very respectable characters in the convention,

which have been the subject of much conversation; and other objections, by

citizens of this state, have lately reached our ears. It is proper you

should consider of these objections. They are of two kinds; they respect

the things that are in the system, and the things that are not in it. We

are told that there should have been a section for securing the trial by

Jury in civil cases, and the liberty of the press: that there should also

have been a declaration of rights. In the new system, it is provided, that

“_the trial of all crimes_, except in cases of impeachment, _shall be by

jury_” but this provision could not possibly be extended to all _civil_

cases. For it is well known that the trial by jury is not general and

uniform throughout the United States, either in cases of admiralty or of

chancery; hence it becomes necessary to submit the question to the general

Legislature, who might accommodate their laws on this occasion to the

desires and habits of the nation. Surely there is no prohibition in a case

that is untouched.

We have been told that the liberty of the press is not secured by the new

Constitution. Be pleased to examine the Plan, and you will find that the

liberty of the press and the laws of Mahomet are equally affected by it.

The new government is to have the power of protecting literary property;

the very power which you have by a special act delegated to the present

congress. There was a time in England, when neither book, pamphlet, nor

paper could be published without a license from government. That restraint

was finally removed in the year 1694: and, by such removal, their press

became perfectly free, for it is not under the restraint of any license.

Certainly the new government can have no power to impose restraints. The

citizens of the United States have no more occasion for a second

declaration of rights, than they have for a section in favour of the

press. Their rights, in the several states, have long since been explained

and secured by particular declarations, which make a part of their several

constitutions. It is granted, and perfectly understood, that under the

government of the assemblies of the states, and under the government of

the congress, every right is reserved to the individual which he has not

expressly delegated to this, or that legislature. The other objections

that have been made to the new plan of government, are: That it absorbs

the powers of the several states; that the national judiciary is too

extensive; that a standing army is permitted; that congress is allowed to

regulate trade; that the several states are prevented from taxing exports

for their own benefit.

When Gentlemen are pleased to complain, that little power is left in the

hands of the separate states, they should be advised to cast an eye upon

the large code of laws, which have passed in this state since the peace.

Let them consider how few of those laws have been framed for the general

benefit of the nation. Nine out of ten of them are domestic; calculated

for the sole use of this state or of particular citizens. There must still

be use for such laws, though you should enable the congress to collect a

revenue for national purposes; and the collection of that revenue includes

the chief of the new powers, which are now to be committed to the

congress.

Hitherto you have delegated certain powers to the Congress, and other

powers to the Assemblies of the states. The portion that you have

delegated to Congress, is found to have been useless, because it is too

small: and the powers that are committed to the Assemblies of the several

states are also found to be absolutely ineffectual for national purposes,

because they can never be so managed as to operate in concert. Of what use

is that small portion of reserve powers? It neither makes you respectable

nor powerful. The consequence of such reservation is national contempt

abroad, and a state of dangerous weakness at home. What avails the claim

of power, which appears to be nothing better than the empty whistling of a

name? The Congress will be chosen by yourselves, as your members of

Assembly are. They will be creatures of your hands, and subject to your

advice. Protected and cherished by the small addition of power which you

shall put into their hands, you may become a great and respectable nation.

It is complained that the powers of the national judiciary are too

extensive. This objection appears to have the greatest weight in the eyes

of gentlemen who have not carefully compared the powers which are to be

delegated, with those that had been formerly delegated to Congress. The

powers now to be committed to the national legislature, as they are

detailed in the 8th section of the first article, have already been

chiefly delegated to the Congress, under one form or another, except those

which are contained in the first paragraph of that section. And the

objects that are now to be submitted to the supreme judiciary, or to the

inferior courts, are those which naturally arise from the constitutional

laws of Congress. If there is a single new case that can be exceptional,

it is that between a Foreigner and a Citizen, or that between the Citizens

of different States. These cases may come up by appeal. It is provided in

this system, that there shall be no fraudulent tender in the payments of

debts. Foreigners with whom we have treaties will trust our citizens on

the faith of this engagement; and the citizens of different states will do

the same. If the Congress had a negative on the laws of the several

states, they would certainly prevent all such laws as might endanger the

honor or peace of the nation, by making a tender of base money; but they

have no such power, and it is at least possible that some state may be

found in this union, disposed to break the constitution, and abolish

private debts by such tenders. In these cases the courts of the offending

state would probably decide according to its own laws. The foreigner would

complain, and the nation might be involved in war for the support of such

dishonest measures. Is it not better to have a court of appeals in which

the judges can only be determined by the laws of the nation? This court is

equally to be desired by the citizens of different states. But we are told

that justice will be delayed, and the poor will be drawn away by the rich

to a distant court. The authors of this remark have not fully considered

the question, else they must have recollected that the poor of this

country have little to do with foreigners or with the citizens of distant

states. They do not consider that there may be an inferior court in every

state; nor have they recollected that the appeals being with such

exceptions, and under such regulations as Congress shall make, will never

be permitted for trifling sums or under trivial pretences, unless we can

suppose that the national legislature shall be composed of knaves and

fools. The line that separates the powers of the national legislature from

those of the several states is clearly drawn. The several states reserve

every power that can be exercised for the particular use and comfort of

the state. They do not yield a single power which is not absolutely

necessary to the safety and prosperity of the nation, nor one that could

be employed to any effect in the hands of particular states. The powers of

judiciary naturally arise from those of the legislature. Questions that

are of a national concern, and those cases which are determinable by the

general laws of the nation, are to be referred to the national judiciary;

but they have not anything to do with a single case either civil or

criminal which respects the private and particular concerns of a state or

its citizens.

The possibility of keeping regular troops in the public service, has been

urged as another objection against the new constitution. It is very

remarkable that the same objection has not been made against the original

confederation, in which the same grievance obtains without the same

guards. It is now provided, that no appropriation of money for the use of

the army shall be for a longer time than two years. Provision is also made

for having a powerful militia, in which there never can be occasion for

many regular troops.

It has been objected in some of the southern states, that the Congress, by

a majority of votes, is to have the power to regulate trade. It is

universally admitted that Congress ought to have this power, else our

commerce, which is nearly ruined, can never be restored; but some

gentlemen think that the concurrence of two-thirds of the votes in

Congress should have been required. By the sundry regulations of commerce,

it will be in the power of government not only to collect a vast revenue

for the general benefit of the nation, but to secure the carrying trade in

the hands of citizens in preference to strangers. It has been alleged that

there are few ships belonging to the southern states; and that the price

of freight must rise in consequence of our excluding many foreign vessels:

but when we have not vessels of our own, it is certainly proper that we

should hire those of citizens in preference to strangers; and though the

price of freight should rise for two or three years, this advantage is

fully due to our brethren in the eastern and middle states, who, with

great and exemplary candour, have given us equal advantages in return. A

small increase in the price of freight would operate greatly in favour of

the southern states: it would promote the spirit of ship-building; it

would promote a nursery for native seamen, and would afford support to the

poor who live near the sea coast; it would increase the value of their

lands, and, at the same time, it would reduce their taxes.

It has finally been objected that the several states are not permitted to

tax their exports for the benefit of their particular treasuries. This

strange objection has been occasionally repeated by citizens of this

state. They must have transplanted it from another state, for it could not

have been the growth of North Carolina.

Such have been the objections against the new constitution.

Whilst the honest patriot who guards with jealous eye the liberties of his

country, and apprehends danger under every form—the placeman in every

state, who fears lest his office should pass into other hands—the idle,

the fractious, and the dishonest, who live by plunder or speculation on

the miseries of their country—while these, assisted by a numerous body of

secret enemies, who never have been reconciled to our independence, are

seeking for objections to this constitution—it is a remarkable

circumstance, and a very high encomium on the plan, that nothing more

plausible has been offered against it; for it is an easy matter to find

faults.

Let us turn our eyes to a more fruitful subject; let us consider the

present condition of the United States, and the particular benefits that

North Carolina must reap by the proposed form of government. Without money

no government can be supported; and Congress can raise no money under the

present constitution. They have not the power to make commercial treaties,

because they cannot preserve them when made. Hence it is, that we are the

prey of every nation. We are indulged in such foreign commerce as must be

hurtful to us; we are prohibited from that which might be profitable; and

we are accordingly told, that in the last two years, the thirteen states

have hardly paid into the treasury as much as should have been paid by a

single state. Intestine commotions in some of the states—paper money in

others—a want of inclination in some, and a general suspicion throughout

the union that the burden is unequally laid—added to the general loss of

trade—have produced a general bankruptcy, and loss of honor. We have

borrowed money of Spain—she demands the principal, but we cannot pay the

interest. It is a circumstance perfectly humiliating, that we should

remain under obligations to that nation. We are considerably indebted to

France; but she is too generous to insist upon what she knows we cannot

pay, either the principal or interest. In the hour of distress, we

borrowed money in Holland; not from the government but from private

citizens. Those who were called the patriots, were our friends, and they

are oppressed in their turn by hosts of enemies. They will soon have need

of money. At this hour, we are not able to pay the interest of their loan.

What is to be done? Will you borrow money again from other citizens of

that oppressed republic, to pay the interest of what you borrowed from

their brethren? This would a painful expedient: but our want of government

may render it necessary. You have two or three ministers abroad; they must

soon return home, for they cannot be supported. You have four or five

hundred troops scattered along the Ohio to protect the frontier

inhabitants, and give some value to your lands; those troops are ill paid,

and in a fair way for being disbanded. There is hardly a circumstance

remaining—hardly one external mark—by which you can deserve to be called a

nation. You are not in a condition to resist the most contemptuous enemy.

What is there to prevent an Algerine pirate from landing on your coast,

and carrying your citizens into slavery? You have not a single sloop of

war. Does one of the states attempt to raise a little money by imposts or

other commercial regulations? A neighbouring state immediately alters her

laws, and defeats the revenue by throwing the trade into a different

channel. Instead of supporting or assisting, we are uniformly taking the

advantage of one another. Such an assemblage of people are not a nation.

Like a dark cloud, without cohesion or firmness, we are ready to be torn

asunder, and scattered abroad by every breeze of external violence, or

internal commotion.

Is there a man in this state, who believes it possible for us to continue

under such a government? Let us suppose but for a minute, that such a

measure should be attempted. Let us suppose that the several states shall

be required and obliged to pay their several quotas according to the

original plan. You know that North Carolina, in the last four years, has

not paid one dollar into the treasury for eight dollars that she ought to

have paid. We must increase our taxes exceedingly, and those taxes must be

of the most grievous kind; they must be taxes on land and heads, taxes

that cannot fail to grind the face of the poor; for it is clear that we

can raise little by imports and exports. Some foreign goods are imported

by water from the northern states: such goods pay a duty for the benefit

of those states, which is seldom drawn back. This operates as a tax upon

our citizens. On this side, Virginia promotes her revenue to the amount of

twenty-five thousand dollars every year, by a tax on our tobacco that she

exports. South Carolina, on the other side, may avail herself of similar

opportunities. Two-thirds of foreign goods that are consumed in this

state, are imported by land from Virginia or South Carolina. Such goods

pay a certain impost for the benefit of the importing states, but our

treasury is not profited by this commerce. By such means our citizens are

taxed more than one hundred thousand dollars every year; but the state

does not receive credit for a shilling of that money. Like a patient that

is bleeding at both arms, North Carolina must soon expire under such

wasteful operations. Unless I am greatly mistaken, we have seen enough of

the state of the union, and of North Carolina in particular, to be assured

that another form of government is become necessary. Is the form of

government now proposed well calculated to give relief? To this we must

answer in the affirmative. All foreign goods that shall be imported into

these states, are to pay a duty for the use of the nation. All the states

will be on a footing, whether they have bad ports or good ones. No duties

will be laid on exports; hence the planter will receive the true value for

his produce, wherever it may be shipped. If excises are laid on wine,

spirits, or other luxuries, they must be uniform throughout the states. By

a careful management of imposts and excises, the national expenses may be

discharged without any other species of tax; but if a poll tax or land tax

shall ever become necessary, the weight must press equally on every part

of the union. For in all cases such taxes must be according to the number

of inhabitants. Is it not a pleasing consideration that North Carolina,

under all her natural disadvantages, must have the same facility of paying

her share of the public debt, as the most favoured, or the most fortunate

state? She gains no advantage by this plan, but she recovers from her

misfortunes. She stands on the same footing with her sisters, and they are

too generous to desire that she should stand on lower ground. When you

consider those parts of the new system which are of the greatest

import—those which respect the general question of liberty and safety—you

will recollect that the states in convention were unanimous; and you must

remember, that some of the members of that body have risqued their lives

in defence of liberty: but the system does not require the help of such

arguments; it will bear the most scrupulous examination.

When you refer the proposed system to the particular circumstances of

North Carolina, and consider how she is to be affected by this plan, you

must find the utmost reason to rejoice in the prospect of better times.

This is a sentiment that I have ventured with the greater confidence,

because it is the general opinion of my late honourable colleagues,(63)

and I have the utmost reliance in their superior abilities. But if our

constituents shall discover faults where we could not see any—or if they

shall suppose that a plan is formed for abridging their liberties, when we

imagined that we had been securing both liberty and property on a more

stable foundation—if they perceive that they are to suffer a loss, where

we thought they must rise from a misfortune—they will, at least do us the

justice to charge those errors to the head, and not to the heart.

The proposed system is now in your hands, and with it the fate of your

country. We have a common interest for we are embarked in the same vessel.

At present she is in a sea of trouble, without sails, oars, or pilot;

ready to be dashed to pieces by every flaw of wind. You may secure a port,

unless you think it better to remain at sea. If there is any man among you

that wishes for troubled times and fluctuating measures, that he may live

by speculations, and thrive by the calamities of the state, this

government is not for him.

If there is any man who envies the prosperity of a native citizen—who

wishes that we should remain without native merchants or seamen, without

shipping, without manufactures, without commerce—poor and contemptible,

the tributaries of a sovereign country—this government is not for him.

And if there is any man who has never been reconciled to our independence,

who wishes to see us degraded and insulted abroad, oppressed by anarchy at

home, and torn into pieces by factions—incapable of resistance, and ready

to become a prey to the first invader—this government is not for him.

But it is a government, unless I am greatly mistaken, that gives the

fairest promise of being firm and honourable; safe from foreign invasion

or domestic sedition—a government by which our commerce must be protected

and enlarged; the value of our produce and of our lands must be increased;

the labourer and the mechanic must be encouraged and supported. It is a

form of government that is perfectly fitted for protecting liberty and

property, and for cherishing the good citizen and honest man.

LETTER OF A STEADY AND OPEN REPUBLICAN, WRITTEN BY CHARLES PINCKNEY.

Printed In

The State Gazette Of South Carolina,

May, 1788.

Note.

In the file of the _State Gazette of South Carolina_ in the possession of

the Charleston Chamber of Commerce, a slip is inserted opposite this

essay, on which is writing contemporary with the paper, stating that it

was written by Charles Pinckney. It is almost the only essay on this

subject contained in the file, which is not merely extracted from some

northern paper; and Pinckney was, indeed, almost the only South Carolinian

who had given any attention to the subject involved, or who wrote for the

press.

A Republican.

The State Gazette Of South Carolina, (Number 3610)

MONDAY, MAY 5, 1788.

MRS. TIMOTHY:

The enclosed,(64) copied from a paper sent me by a friend, seems so

peculiarly adapted to our present situation, that I cannot forbear

selecting it from the crowd of publications since the appearance of the

proposed Federal Constitution, and recommending it, thro’ your paper, to

the most serious attention of all our fellow-citizens; but previously a

few HINTS, by way of introduction, will not, I hope, be impertinent.

New Hampshire and Georgia are the two extreme barriers of the United

States, if the latter can with any propriety be called a barrier without

this state in conjunction; and both together, we know, are not, in point

of force, ready for any sudden emergency, to be compared to New Hampshire.

It cannot be doubted that Great Britain has her busy emissaries throughout

the states, and not a few amongst us; and should the Constitution be

rejected, how long can we flatter ourselves to be free from Indian

cruelties and depredations, some time since begun in Georgia, and if at

this moment warded off from us, ’tis principally owing to the dread of an

efficacious union of the states by the adoption of the Federal

Constitution. The three southern states particularly, we have had for

several years past, good grounds to think Great Britain wishes to separate

from the rest, and to have reverted to her if possible.

Mr. Martin’s(65) long mischievous detail of the opinions and proceedings

of the late general convention, (already occupying a large space in six of

your Gazettes, and still unfinished,) with all his colourings and uncandid

insinuations, in regard to General Washington and Doct. Franklin, may suit

the short-sighted selfish wishes of _an individual_ of a state situated

almost in the centre of the rest, and much safer by that means from sudden

alarms. But the generous, manly _and truly federal sentiments of Maryland_

are well known, and ’tis not doubted will be unequivocally shewn at her

convention very shortly to be held—and that New Hampshire, early in her

first meeting on that important subject, has only by consent taken farther

time to consider of it, and will at her next meeting adopt it, is the

general opinion.

What pity the salutary caution of Doct. Franklin, just previous to his

signing the constitution recommended by the convention, had not been

strictly attended to! If we split, it will in all probability happen in

running headlong on the dangerous rock he so prophetically (as it were)

warned us from, “That the opinions of the errors of the constitution born

within the walls of the convention, should die there, and not a syllable

be whispered abroad.” This Hint is full of that foresight and penetration

the Doctor has always been remarkable for.

When the general convention met, no citizen of the United States could

expect less from it than I did, so many jarring interests and prejudices

to reconcile! The variety of pressing dangers at our doors, even during

the war, were barely sufficient to force us to act in concert, and

necessarily give way at times to each other. But when the great work was

done and published, I was not only most agreeably disappointed, but struck

with amazement. Nothing less than that superintending hand of Providence,

that so miraculously carried us through the war (in my humble opinion),

could have brought it about so complete, upon the whole.

The constitution recommended, in all respects, takes its rise where it

ought, from the people; its President, Senate, and House of

Representatives, are sufficient and wholesome checks on each other, and at

proper periods are dissolved again into the common mass of the people:

longer periods would probably have produced danger; shorter, tumult,

instability and inefficacy. Every article of these and other essentials to

a republican government, are, in my opinion, well secured; were it

otherwise, not a citizen of the United States would have been more

alarmed, or more early in opposition to it, than

A STEADY AND OPEN REPUBLICAN.

_Charleston, May 2d, 1788._

BIBLIOGRAPHY.

[This list is only of those essays to which some clue of authorship has

been found. When written over a pen name the pseudonym is added.—_Ed._]

Brackenridge, Hugh Henry.

Pittsburg Gazette.

Bryan, Samuel. “Centinel.”

Independent Gazetteer.

Carroll, Daniel. “A Friend to the Constitution.”

Maryland Journal.

Chase, Samuel. “Caution.”

Maryland Journal.

Clinton, De Witt. “A Countryman.”

New York Journal.

Clinton, George. “Cato.”

New York Journal.

Coxe, Tench. “A Freeman.”

Pennsylvania Gazette.

Coxe, Tench. “An American.”

Independent Gazetteer.

Coxe, Tench. “A Pennsylvanian.”

Pennsylvania Gazette.

Duer, William. “Philo-Publius.”

Daily Advertiser.

Davie, William Richardson. “Publicola.”

North Carolina State Gazette.

Dickinson, John. “Fabius.”

Humphrey’s Mercury.

Ellsworth, Oliver. “A Landholder.”

Connecticut Courant.

Findley, William. “An Officer of the Continental Army.”

Independent Gazetteer.

Gerry, Elbridge.

Massachusetts Centinel.

Gerry, Elbridge.

American Herald.

Hamilton, Alexander. “Publius.”

Various papers.

Hamilton, Alexander. “Cæsar.”

Daily Advertiser.

Hanson, Alexander Contee. “Aristides.”

Maryland Journal.

Hopkinson, Francis. “A. B.”

Independent Gazetteer.

Iredell, James. “Marcus.”

North Carolina State Gazette.

Jay, John. “Publius.”

Various papers.

Lamb, John. “Conciliator.”

New York Journal.

McKnight, Dr. Charles. “The Examiner.”

Daily Advertiser.

Martin, Luther.

Maryland Journal.

Madison, James. “Publius.”

Various papers.

Nicholas, John. “Decius.”

Virginia Independent Chronicle.

Pinckney, Charles. “A Steady and Open Republican.”

State Gazette of South Carolina.

Randolph, Thomas Mann. “A Republican Federalist.”

Virginia Independent Chronicle.

Roane, Spencer. “A Plain Dealer.”

Virginia Independent Chronicle.

Sherman, Roger. “A Countryman.”

New Haven Gazette.

Sherman, Roger. “A Citizen of New Haven.”

New Haven Gazette.

Sullivan, James. “Cassius.”

Massachusetts Gazette.

Tucker, St. George. “A State Soldier.”

Virginia Independent Chronicle.

Williams, William.

American Mercury.

Williamson, Hugh.

North Carolina State Gazette.

Winthrop, James. “Agrippa.”

Massachusetts Gazette.

Workman, Benjamin. “Philadelphiensis.”

Independent Gazetteer.

Yates, Robert. “Brutus.”

New York Journal.

Yates, Robert. “Sydney.”

New York Journal.

INDEX.

“A. B.,” pseudonym of, 416.

Adams, John, 117, 231.

“Agrippa,” pseudonym of, 22, 29, 49, 417.

“American,” pseudonym of, 415.

American Herald, 123, 416.

American Mercury, 417.

American Museum, 315.

Anarchy, danger of, 15, 165;

predicted, 18.

Anti-Federalists, character of, 25.

“Aristides,” pseudonym of, 372, 416.

Aristocracy, favorers of, 5;

small danger of, 165;

southern, 258;

causes of, 298;

tendencies to, 223.

Articles of Confederation, 238;

advantages of, 77;

amendment of, 80, 98;

defects in, 255;

ease of amendment of, 117;

proposed amendment to, 84.

Baldwin, Simeon, 213.

Ballot, 305.

Baltimore, 327, 333.

Bill of rights, 28, 95, 113, 117, 119, 163, 219, 299, 320, 325, 364.

Blair, John, 162.

Bowdoin, James, 3, 6.

Brackenridge, H. H., 315, 415.

“Brutus,” pseudonym of, 269, 295, 417.

Bryan, George, 221.

Bryan, Samuel, 415.

“Cæsar,” pseudonym of, 245, 250, 279, 416.

Canada, 191;

dangers from, 157.

Capital, 262;

place for, 73, 321.

Capitation tax, 272.

“Capt. M’Daniel,” pseudonym of, 122.

Carroll, Daniel, 325, 329, 415.

Carthage, 93.

“Cassius,” pseudonym of, 1, 51, 416.

“Cato,” pseudonym of, 243, 281, 415.

“Caution,” pseudonym of, 323, 415.

“Centinel, The,” pseudonym of, 218, 415.

“Charles James Fox,” pseudonym of, 51.

Chase, Samuel, 323, 415;

promises of, 333;

speech of, 325.

Childs, Francis, 250.

“Citizen of New Haven,” pseudonym of, 229, 416.

Citizenship, 270;

rights of, 42.

Clinton, De Witt, 415.

Clinton, George, 173, 243, 281, 415.

Coinage, uniformity of, 35.

Coke, 266.

Commerce of America, 95;

inter-state, congressional power over, 118;

regulation of, 97.

Commercial treaties, power to make, 234.

“Conciliator,” pseudonym of, 416.

Congress, Continental, action on the Constitution, 253, 289;

retrospective view of, 298;

inadequate powers of, 34.

Congress, difference between state legislature and, 224;

length of session of, 239;

members of, 225;

character of, 227;

character from South, 258;

election of, 86;

privileges of, 33;

restriction on, 234;

interest of, 220;

journal of, 33;

nature of, 267;

powers of, 27, 32, 34, 41, 98;

to alienate territory, 80;

to coerce the states, 184;

over delinquent states, 358;

over citizens, 80;

over elections, 30, 37, 118, 276;

over inter-state commerce, 118;

over judiciary, 66;

over militia, 184;

law-making powers of, 45;

of taxation, 235;

over territories, 43;

over trade, 61;

representation in, 151.

Connecticut, 183, 355;

address to, 215;

constitution of, 148;

Courant, 135, 415;

convention, 178, 207;

legislature of, 219;

manufactures of, 202;

taxation in, 74, 148;

tribute to New York from, 180.

Constituents, instructions from, 28.

Constitution, a creation of power, 145, 147;

adequacy of, 35;

adopting clause of, 131, 184, 362;

advantages of, 21;

amendment of, 44, 100, 118, 200, 233, 251, 284, 334;

attempts to surprise the people with, 327;

character of opposers of, 11, 143;

comparison of, 339;

with constitution of N. Y., 297;

with English, 381;

consolidating tendencies of, 65, 69, 70, 158, 258, 297;

construction of, 43;

objections to, 25, 53, 132, 151;

definition of, 116;

despotic power of, 28;

effect of, 95;

excellence of language of, 156;

expense of, 60;

general clauses of, 83, 96, 119;

importance of, 248;

judicial power under, 39;

laws made under, 360;

merits of, 27;

new powers granted by, 238;

powers under, 153, 156, 163, 220;

opposition to, 39;

preamble of, 208;

reasons for not submitting to state legislature, 139;

reception of, 9;

rejection of, 100;

remarks on, 237, 395;

supreme law of the land, 184;

want of explicitness in, 155, 260, 265;

should be tried before amending, 235;

writers against, 12.

Convention, Federal, 238, 247, 284, 287;

appeals to the people, 140;

character of the members of, 20;

committees of, 348;

dissenting members of, 104;

harmony of, 191;

ignorance of the members of, 22;

illegal action of, 104;

irritated condition of, 367;

journals of, 347;

large vs. small states in, 355;

meetings of, 345;

meetings of members of, 355;

object of, 35;

powers of, 252, 290;

proceedings in, 130, 174, 183, 341;

secrecy of, 252, 298;

spirit of, 167;

wisdom of, 252.

Convention, second, 62, 235, 375.

Council, lack of, 162.

“Countryman, A,” pseudonym of, 211, 415, 416.

Courts, Federal, 36, 40, 83.

Courts, State, 54.

Coxe, Tench, 415.

Credit, public, 73, 197.

Creditors, public, 60;

justice to, 35.

Criminal prosecution, laws for, 67.

Daily Advertiser, 250, 279, 415, 416.

Davie, William Richardson, 415.

Debt, Continental, 60, 73, 77, 95, 97, 127.

Debtors, opposition of, to constitution, 144.

“Decius,” pseudonym of, 416.

Delaware, 163, 355.

Dickinson, John, 415.

Duer, William, 415.

Duties, 77;

Massachusetts’ share of, 84;

paid by consumers, 271;

uniformity of, 35.

Eastern states, carrying trade of, 162.

Elections, 116;

frequency of, 227;

power of Congress over, 30, 118, 276;

provisions for, 37.

Ellsworth, Oliver, 135, 415.

England, laws of, against treason, 42;

religious freedom in, 168.

Europe, governments of, 256;

treaties with, 89.

“Examiner,” pseudonym of, 18, 416.

Excise forbidden, 118.

Executive, 158, 260, 310;

advice of, 38;

blended with legislative, 240, 275;

council for, 163;

impeachment of, 39;

ineligible, after service, 234;

may be a woman, 319;

method of electing, 263;

not specified, 319;

objections to, 162;

powers of, 39, 261;

power over pardon, 234, 240;

power to convene Congress, 275;

re-eligibility of, 354, 374;

to be elected annually, 119;

under constitution, 37;

vote of, 38;

veto power of, 34.

Ex post facto law, 163.

“Fabius,” pseudonym of, 415.

Federal Government, necessity for, 141.

Federalists, aristocratic tendencies of, 89.

Findley, William, 100, 321, 415.

Fisheries, 194;

power over, 234.

Flax, 202.

Foreign influence, 103.

Foreign nations, intercourse with, 80.

Forests, value of, 194.

France, public debt to, 73.

Franchise, 226.

Frankland, 258.

Franklin, Benjamin, 23, 26, 218, 321, 370.

“Freeman,” pseudonym of, 415.

“Friend to the Constitution,” 329, 415.

Georgia, 164, 190, 259, 355.

Gerry, Elbridge, 25, 51, 53, 104, 123, 127, 130, 137, 161, 172, 182, 186,

339, 341, 350, 416;

conciliating conduct of, 174;

hypocrisy of, 174;

objections to constitutions, 132;

remarks on, 150.

Goddard, William, 341.

Government, divisions of, 116;

encroaching tendencies of, 376;

General and State linked, 153;

Greek and Roman, 55;

importance, 247;

necessity of, to society, 111;

opposition to, 24;

a strong one necessary for liberty, 147.

Great Britain, dangers from, 190;

resentment of, 89.

Habeas corpus, suspension of, 36.

Hamilton, Alexander, 245, 279, 416.

Hampshire Gazette, 5.

Hancock, John, 3, 5, 10.

Hanson, Alexander Contee, 372, 416.

Hartford, 216.

Harvard College Library, 40.

Holland, public debt due, 73.

Hopkinson, Francis, 416.

Humphrey’s Mercury, 415.

Impeachment, 39, 233, 312, 391;

in Massachusetts, 41;

methods of, 30;

powers of Senate in, 29.

Independent Chronicle, 5.

Independent Gazetteer, 218, 415, 416, 417.

India, trade with, 109.

Indian affairs, 301;

lands, 300.

Iredell, James, 416.

Jay, John, 416.

Judiciary, 54, 159, 235, 241;

appeals to, 130, 184, 361;

appointment of, 69;

dangers from, 66, 164;

federal, 83;

limits of 67, 118;

national, 309;

oppressiveness of, 159;

powers of, 96;

restrictions on federal, 119;

state, 241.

“Junius,” pseudonym of, 51.

Jury, trial by, 41, 131, 308.

“Kempis, O’Flanagan,” pseudonym of, 51.

Lamb, John, 173, 245, 416.

“Landholder, A,” 129, 135, 205, 339, 344, 415;

replies to, 123.

Land grants, power of courts over, 75.

Lands, western, 60, 63, 73.

Lansing, John, Jr., 104.

Lee, Gen. Charles, 161.

Lee, Henry, 162.

Lee, Richard Henry, 161, 177, 390.

Liberty of the press, 365.

Locke, 257.

Loyalists, opposition of, to constitution, 143.

M’Henry, James, 131, 187, 347, 350.

McKean, Thomas, 90, 100.

McKnight, Dr. Charles, 416.

MacLaughlin, Neil, 321.

Madison, 162, 231, 325, 387, 416.

Magna Charta, 219.

Maine, secession of, 257.

Manufactures in America, 201.

“Marcus,” pseudonym of, 416.

Martin, Luther, 104, 130, 137, 182, 185, 337, 416.

Maryland, 188;

convention, 327;

Legislature, petition to, 334.

Maryland Journal, 182, 323, 329, 337, 415, 416.

Mason, George, 104, 161, 164, 165, 172, 355.

Massachusetts, 258;

Constitution of, 16;

convention, 105, 187, 349;

proposed resolution for, 84;

debt of, 60;

delegates from, 29;

disadvantages of government for, 102;

early history of, 56;

feebleness of, 257;

impeachment in, 30, 41;

Legislature, action on constitution of, 17;

means of taxation of, 13;

origin of opposition in, 176;

plan to aggrandize, 182;

position of, 61;

public lands of, 63;

share of the Continental debt, 77;

taxation in, 74;

tender law of, 36, 59;

warning to, 10.

Massachusetts Centinel, 3, 123, 416.

Massachusetts Gazette, 1, 12, 18, 49, 51, 416, 417.

Mercer, James Francis, 104.

Militia, 358;

powers of Congress over, 184;

power over, 342, 354;

State control of, 118.

Minority, powers of, 33.

Monarchy, small danger of, 165.

Money, receipts and expenditures of public, 36.

Monopolies, power of Congress to create, 70;

prevention of, 80.

Montesquieu, 256, 261.

Nails, manufacture of, 202.

Naturalization, 313;

powers of Congress over, 79.

Navigation act, 161;

motion against, 173;

right to make, 234.

Netherlands, condition of, 249.

New England, manufactures of, 201.

New Hampshire, 189, 259;

interest of, 190, 192;

lands in, 75.

New Haven, 216.

New Haven Gazette, 211, 229, 416.

New Jersey, 183, 355.

New Spain, dangers from, 157.

Newspapers, scribblers in, 25.

New York against constitution, 61;

Assembly, 245;

colonial parties, 306;

constitution of, 297, 299;

violation of, 301;

draft of a constitution for, 307;

impost of, 173;

opposition in, 176;

proposed property qualification in, 307;

State convention of 1776, 298;

State debt of, 60;

Executive, 310;

taxation in, 74;

tribute from Connecticut to, 180.

New York Journal, 125, 243, 269, 293, 415, 416, 417.

Nicholas, John, 416.

North Carolina, 258.

North Carolina, State Gazette of, 395, 415, 416, 417.

Northern States, character of people of, 92.

Nova Scotia, 191;

condition of, 89.

“Numa,” pseudonym of, 5, 10.

Oath, 207, 369;

character of, 17, 168;

of President, 38.

“Ocrico,” pseudonym of, 52.

Officers, federal, privileges of, 119.

Office holders, 145;

multiplication of, 88.

“Officer of the Continental Army,” pseudonym of, 415.

“Old Fog,” pseudonym of, 3.

Paper money, 127, 131, 196, 341, 348;

motion to redeem, 174, 186;

states to emit, 119.

Parties, colonial, 306.

People, dangers from, 179;

not to elect representatives, 183;

rights of, 115.

Pennsylvania, 369;

Assembly, 53, 369;

Convention of, 90, 100;

future seat of government, 98;

naturalization in, 79;

opposition in, 176.

Pennsylvania Gazette, 415.

“Pennsylvanian,” pseudonym of, 415.

“Philadelphiensis,” pseudonym of, 417.

“Philo-Publius,” pseudonym of, 415.

Pinckney, C. C., 183.

Pinckney, Charles, 416.

Pittsburg Gazette, 317, 415.

“Plain Dealer, A,” pseudonym of, 385, 416.

Poll tax, 272;

forbidden, 118.

Population, destiny of, 193.

Press, liberty of, 164, 239.

Prices, depressed state of, 142.

Private opinion, freedom of, 170.

“Publicola,” pseudonym of, 415.

“Publius,” pseudonym of, 145, 416.

Quorum, dangers from, 32;

powers of, 33.

Randolph, Edmund, 104, 231, 346, 387.

Randolph, Thomas Mann, 416.

Religion, freedom of, 168, 313;

misuse of, 8.

Religious test, 207, 235;

nature of, 169;

necessity of, 168.

Representation, 54, 269, 391;

best mode of, 151;

difference of opinion concerning, 354;

smallness of, 236, 240;

want of, 151.

Representatives, House of, 54;

electors of, 28;

insufficiency of, 29;

length of residence necessary, 28;

method of choosing, 152;

method of electing, 27, 357;

people should not elect, 183;

term of, 28;

weakness of, 273.

Republics, Greek and Roman, 94.

“Republican Federalist,” pseudonym of, 416.

Republican government, guarantee of, 43, 106.

Revenue bills, origination of, 34.

Revenue, method of collecting, 193;

Massachusetts’ share of, 102;

sources of, 239.

Revolution, the American, 146.

Rhode Island, 105, 108, 115, 159, 196;

junto in, 153;

legislature of, 31, 36.

Rights, delegated, 113.

Roane, Spencer, 385, 416.

Russell, Benjamin, 127.

Scotland, union with England, 216.

Senate, 29, 273;

blended with Executive, 275;

method of choosing, 153;

officers of, 29;

powers of impeachment, 29;

treaty power of, 165, 274;

unspecified character of, 319.

Shay’s Rebellion, 5, 13, 57, 72, 157, 159, 257, 391.

Sheep raising, 201.

Sherman, Roger, 183, 211, 229, 416.

Shipbuilding, 61, 194;

carpenters, 61.

Slavery, 258;

responsibility for, 163.

Slaves, importation of, 163.

Smilie, John, 100, 321.

Smith, Melancthon, 173.

South Carolina, 164, 183, 265, 355;

amendment of, 235;

representation in, 108.

Southern States, character of people of 92;

objections to commercial powers, 162.

“Spectator,” pseudonym of, 326.

States, coercion of, 184;

influences, 297;

courts, 54, 159;

absorption of, 297;

dangers to, 153;

destruction of, 342;

powers of, 98;

negative on laws, 360;

legislatures, action of, on constitution, 25;

Congress a check on, 31;

differences between Congress and, 224;

powers of, 152;

power over elections, 31;

representation in, 152;

officers, dangers from, 289;

restrictions on, 36;

rights, 68, 113, 118, 147, 184;

admission of new, 42;

advantages of, 66;

bills of right valid in federal courts, 119;

consolidation of, 97, 255;

destruction of, 375;

disputes between, 64, 100;

equality of, in Senate, 29;

interest of, 215;

large vs. small, 216, 355;

number to organize government, 184;

rights to enforce laws of, 118.

State Gazette of North Carolina, 395.

State Gazette of South Carolina, 416.

State house, 355.

“State Soldier,” pseudonym of, 417.

“Steady and Open Republican,” pseudonym of, 416.

“Steady,” pseudonym of, 326.

Strong, Caleb, 105.

Sullivan, James, 1, 416.

“Sydney,” pseudonym of, 269, 293, 417.

Tax, poll, 273.

Taxation, 156, 193;

dangers of, 81;

direct, 235, 270;

importance of, 271;

in Connecticut, 148, 226;

method of, 77, 358;

powers of Congress over, 97.

Tender acts, 36, 59, 196.

Territory, right to alienate, 80, 118, 234.

Test law, 169, 171, 207, 235.

Town meetings, 226.

Trade, 61;

condition of, 140;

congressional control over, 161;

foreign, 95;

limitations of, 54;

Massachusetts’ advantage for, 73;

powers of Congress over, 79;

regulation of, 70.

Trading companies, 70, 109;

forbidden, 118.

Treason, punishment of, 41.

Treaty power, dangers from, 165.

Treaties, law of the land, 24;

with Europe, 89.

Tucker, St. George, 417.

United States, an agricultural country, 200;

condition of, 81, 121, 158;

dangers to, 178;

differences between the inhabitants of, 91;

too large for government, 257;

tranquillity of, 59.

Vermont, 258.

Vice-president, 240, 263;

duties of, 158.

Virginia, 162, 390;

house of delegates of, 166;

plan to aggrandize, 182;

qualifications of, 306;

method of, 305;

opposition in, 176.

Virginia Gazette, 387.

Virginia Independent Chronicle, 385, 416, 417.

“Vox Populi,” pseudonym of, 12, 16, 18.

Washington, George, 23, 26, 161, 177, 218, 251, 254, 285, 321, 347, 370.

West Indies, condition of, 89.

Western territory, 239.

Willetts, Marinus, 173.

Williams, William, 137, 168, 195, 202, 417.

Williamson, Hugh, 395, 417.

Wilson, James, 90, 96, 100, 112, 218, 335.

Winthrop, James, 40, 49, 417.

Woolen manufactures, 201.

Workman, Benjamin, 417.

Yates, Robert, 104, 173, 269, 293, 417.

FOOTNOTES

1 A writer then attacking the Hancock party. See _The Independent

Chronicle_ for Aug. 23, and Sept. 15, 20, 1787. _Ed._

2 Shay’s Rebellion. _Ed._

3 Massachusetts newspapers published in Northampton and Boston. _Ed._

4 The administration of Governor Bowdoin. _Ed._

5 The author of the productions under the signature of Numa, it is

said, is a gentleman of the cloth, in one of the Western counties.

6 John Hancock. _Ed._

7 A writer in the _Massachusetts Gazette_, Oct. 30, Nov. 6, 13, 16,

and 23. _Ed._

8 The Legislature of Massachusetts was then so styled. _Ed._

9 In the _Massachusetts Gazette_, for Nov. 2, 9, and 20, 1787. _Ed._

10 See the letters of Agrippa in this work. _Ed._

11 Probably Elbridge Gerry, delegate from Massachusetts to the Federal

Convention. _Ed._

12 Anti-federal scribblers in the Mass. Gazette.

13 Referring to Rhode Island. _Ed._

14 Harvard University Library, of which James Winthrop was

librarian.—_Ed._

15 Said to be by James Winthrop. See the letters, printed herein.—_Ed._

16 Printed in _Elliot_, I, 492.—_Ed._

17 “An Address of the subscribers, members of the late Houses of

Representatives of the Commonwealth of Pennsylvania, to their

constituents,” printed in the _Pennsylvania Packet_, Oct. 4,

1787.—_Ed._

18 Referring to Shay’s rebellion.—_Ed._

19 Act of 1786, providing that executions issued for private debt may

be satisfied by articles particularly enumerated, at an appraised

value from impartial men.—_Ed._

20 No attempt had been made by Massachusetts for several years to pay

the interest on its debt, except by the State Treasurer’s issuing

“consolidated notes” or “certificates” of indebtedness, bearing 6

per cent. interest. Though these were by law receivable for taxes,

they had sold as low as 4/ in the pound.—_Ed._

21 The sales to the Ohio Company.—_Ed._

22 By Act of July 5, 1786.—_Ed._

23 Probably an allusion to the Phelps and Gorham purchase.—_Ed._

24 An allusion to the proceedings in the Convention of

Pennsylvania.—_Ed._

25 Cf. with page 85.—_Ed._

26 Robert Yates, John Lansing, Jr., Luther Martin, James Francis

Mercer, Edmund Randolph, George Mason, and Elbridge Gerry.—_Ed._

27 The speech of Caleb Strong in the State Convention, Jan. 16,

1788.—_Ed._

28 Delivered Oct. 6, 1787. Printed in _Ford’s Pamphlets on the

Constitution_, p. 155.—_Ed._

29 No record of this is given in the _Debates in the Massachusetts

Convention_.—_Ed._

30 Printed in _Elliot_, I, 492.—_Ed._

31 Printed in Ford’s _Pamphlets on the Constitution_, p. 327.

32 Richard Henry Lee.

33 Saturday, September 15. See _Papers of James Madison_, III., 1593.

34 The paragraph containing Mason’s objection to the mere majority

power of Congress to regulate commerce, was included in all the

southern papers, but omitted in copies furnished to the papers north

of Maryland.—_Ed._

35 Mason proposed in the convention that the President should have a

privy council of six.—_Ed._

36 This is an error. It was moved by Mason and seconded by Gerry. Cf.

_Papers of James Madison, III._, 1578.

37 See letter of William Williams in this collection.—_Ed._

38 John Lamb, Marinus Willetts, Melancthon Smith, George Clinton and

Robert or Abraham Yates, the principal anti-federalists of New

York.—_Ed._

39 See counter-statements of Gerry and Martin in their answers.—_Ed._

40 Cf. _Papers of James Madison_, III, 1595.

41 The Convention of Connecticut, which was to meet Jan. 4.—_Ed._

42 The Landholder, IV-VIII, were reprinted in _The Maryland Journal_,

and the attack on Gerry in them, drew from Luther Martin a defence

of that gentleman, which is printed in this collection. To that the

Landholder replied as above, but this one of the series was not

printed in _The Connecticut Courant_, its place being taken by the

number X., printed immediately after this letter.—_Ed._

43 June 9.—_Ed._

44 This is a misstatement. The motion to elect representatives as the

state legislature should direct was made by C. C. Pinckney, was

seconded by Martin, and approved of by Sherman, and on being put to

a vote was favored by Connecticut, New Jersey, Delaware and South

Carolina. Cf. _Papers of James Madison_, II., 925.—_Ed._

45 Mr. Gerry agreed with Mr. Martin on these questions.

46 By direction of the General Assembly of Maryland, Martin reported

the proceedings of the federal Convention to them, and this was

afterwards printed in pamphlet form under the title of _Genuine

Information_.—_Ed._

47 June 9, according to Madison, the _Journal_ and Martin’s _Genuine

Information_.—_Ed._

48 Gerry, though defeated in an election to the Massachusetts

Convention, was invited by them to attend, in order to furnish

information to the members.—_Ed._

49 To prevent any misconstruction the following is the publication

entire:

(This note is by the Landholder, and is followed by the article

already printed at p. 127. It therefore seems unnecessary to add it

here.—_Ed._)

I will not say this writer makes a distinction between a thing done

in convention and a thing done in committee. Be this as it may, he

confesses more than Mr. Martin; for it seems that Mr. Gerry proposed

that “the public debt should stand on the same ground it now stands

on by the articles of confederation.” He might have subjoined that

Mr. Gerry prefaced this motion by observing that it was the same in

substance as his first, in as much as it included his first. But

notwithstanding this motion was readily agreed to without his

explanation being contradicted, yet he never afterwards favoured the

convention with a look of peace, or a word of reconcilement.

50 The convention of New Hampshire had met on the 13 of June, and after

a discussion of seven days, had adjourned without voting upon the

constitution.—_Ed._

51 See Letter of William Williams in this Collection.—_Ed._

52 This is a paraphrase of the arguments of “The Centinel” in _The

Independent Gazetteer_.—ED.

53 An attempt had been made in Congress, by the friends of the new

government, for Congress to recommend its acceptance, but this

produced protest from those opposed to it, and threats of an appeal

to the people, so in order to prevent such action a compromise was

eventually made, by which it was merely unanimously “transmitted to

the several legislatures.”—_Ed._

54 A series of articles in the _New York Journal_, written by Robert

Yates.—_Ed._

55 John Smilie, a prominent Anti-Federalist.—_Ed._

56 William Livingston.—_Ed._

57 See _Ante_, pages 182 and 189.—_Ed._

58 The Maryland Delegates to the Federal Convention were required by

the legislature to report the proceedings of that body to them, and

it was in this connection that Martin’s _Genuine Information_ was

prepared.—_Ed._

59 According to this idea, I endeavored to obtain as an amendment to

the system the following clause: “And whenever the legislature of

the United States shall find it necessary that revenue shall be

raised by direct taxation, having apportioned the same by the above

rule, requisitions shall be made of the respective states to pay

into the continental treasury their respective quotas within a time

in the said requisition to be specified, and in case of any of the

states failing to comply with such requisition, then, and then only,

to have power to devise and pass acts directing the mode, and

authorizing the same in the state failing therein.” This was

rejected, and that power, which I wished to have given the

government only in this particular instance, is given to it without

any restraint or limitation in every case.

60 How exactly agreeable to the sentiments of that honourable member

has been the conduct of the friends of the Constitution in

Pennsylvania and some other states, I need not mention.

61 A reference to Alexander Contee Hanson’s pamphlet, written under the

pseudonym of Aristides. It is reprinted in Ford’s _Pamphlets on the

Constitution_.—_Ed._

62 Printed in _Elliot_, 1, 503.—_Ed._

63 Williamson was a member of the Federal Convention.—_Ed._

64 Following this article was an essay from a New York paper.—_Ed._

65 See page 339.—_Ed._

Essays on the Constitution of the United States Published during its Discussion by the People, 1787-1788 · 第 8 / 8 章