4. To all cases between citizens of different states.

5. To all cases between citizens of the same state, claiming lands

under the grants of different states.

6. To all cases between citizens of a state, and foreign states, or

their citizens or subjects.

One doubt arising on the judiciary article is, whether in these cases

of appellate jurisdiction, the appeal lies both from the state courts,

and the inferior federal courts, or only from the former, or only from

the latter.

Another doubt is, whether the inferior courts are to be branches of

the supreme court, constituted for convenience, and having equal

jurisdiction, both original and appellate, with the supreme court,

or whether the inferior courts are to be confined to an _original_

jurisdiction in those cases, wherein the supreme court has _appellate_

jurisdiction.

I shall not presume to decide absolutely on the genuine construction

of an article, which is said to have caused much private debate and

perplexity. I am however fully persuaded, that, as the article speaks

of an original and appellate jurisdiction, of a supreme court, and

inferior courts; and, as there is no intimation of appeals from the

several [22] state tribunals, the inferior federal courts are intended

to have original jurisdiction in all cases, wherein the supreme court

has appellate jurisdiction; and the appeal lies only from them. I can,

almost, with confidence, maintain, that, as there is no express clause,

or necessary implication, to oust the jurisdiction of state courts, an

action, after the adoption of the plan, may be instituted in any court,

having, at this time, a jurisdiction. And if an action be brought in

a state court, I do not, at present, perceive, that it can, in any

manner, be transferred to the supreme or inferior federal court.

According then to the best of my judgment the affair stands thus. The

supreme federal court will have an exclusive original jurisdiction in

all cases relative to the rights of ambassadors, other ministers, and

consuls; because, as I humbly conceive, the several state governments

have at this time nothing to do with these cases. With respect to the

cases, in which a state may be party, the supreme federal court, and

the several state courts, will have, I conceive, concurrent original

jurisdiction, _provided a state may, at this time, institute an action

in its own name, in the courts of another state_. The inferior federal

courts, and the state courts, will, I conceive, have concurrent

original jurisdiction in all the enumerated cases wherein an appeal

lies to the supreme court, _except only the cases created by or under

the proposed constitution, in which, as they do not now exist, the

inferior federal courts will have exclusive jurisdiction_. From the

state inferior courts, I further apprehend, that an appeal will lie, in

all cases, to their own high courts of appeal, as heretofore.

A choice of jurisdictions has been ever esteemed a valuable right,

even where there are both of the same kind. The purpose of extending

so far the jurisdiction of the federal judiciary, is to give every

assurance to the general government, of a faithful execution of its

laws, and to give citizens, states, and foreigners, an assurance of the

impartial administration of justice. Without the salutary institution,

the federal government might frequently be obstructed, and its servants

want protection. It is calculated not as an engine of oppression, but

to secure the blessings of peace and good [23] order. The provisions

respecting different states, their citizens, and foreigners, if not

absolutely necessary, are much to be applauded, The human mind is so

framed, that the slightest circumstance may prevent the most upright

and well known tribunal from giving complete satisfaction; and there

may happen a variety of cases, where the distrust and suspicion may not

be altogether destitute of a just foundation.

On these principles, an appeal as to fact is no less proper, than the

appeal from judges of law. A jury, whose legal qualifications are

only property and ripe age, may more probably incur the imputation of

weakness, partiality, or undue influence. But in regard to appeals, it

is very material to remark, that congress is to make such regulations

and exceptions, as upon mature deliberation, it shall think proper.

And indeed, before such regulations and exceptions shall be made,

the manner of appeal will not be ascertained. Is it then to be

presumed, that, in making regulations and exceptions, this appellate

jurisdiction shall be calculated as an engine of oppression, or to

serve only the purpose of vexation and delay.

As the rod of Aaron once swallowed up the rods of the Egyptian

_magi_, so also is it feared, that these federal courts, will, at

length, swallow up the state tribunals. A miracle, in one case, is as

necessary, as in the other.

But let not the officers of state courts be overmuch alarmed! The

causes, which, by possibility, may be(63) instituted in the federal

courts bear no comparison to the rest. [24] In the course of ten years,

not one action, that I know of, in Maryland, has concerned either

another state, or an ambassador, consul, or other minister. It is

hoped, that actions by foreigners, will, in a few years, become much

rarer than at any time heretofore, and these may still be determined in

the state courts. [25]

A gentleman, as it is conjectured, in the law department of a

neighboring state, has been pleased to infer, that fictions, similar to

those in the king’s bench and exchequer of England, will be contrived,

to draw causes into the federal courts. He seems not aware, that, even

in England, the established fictions of law are not of modern date.

They were ingenious devices, to remedy defects in the common law,

_without the aid_

_of parliament_. The fundamental principle however, with respect to

their adoption, was, that they _consist with equity, and be requisite

for the advancement of justice_. Now every man, who would establish

over his cause a jurisdiction in a federal court, must shew, that

such cause comes under the description of the constitution. If he

do not, there will be wanting that equity, which is the support of

legal fiction. But can any man seriously imagine, that fiction will

be permitted, to give the judges a power of legislation, denied to

congress itself? Wherefore should the judges, holding their commissions

during good behaviour, be guilty of such gross falsehood, perjury,

and breach of trust? Would there not be a general revolt against

such barefaced impudent innovations. Away then with your trumpery

of fictions! Accuse not the illustrious members of the convention

of having in their contemplation such sophistry, pettifogging and

chicane! But another fear is, that whatever actions may be instituted

in the federal courts will there seek an admission, on account of a

more speedy decision. That man alone, “on whose brow shame is ashamed

to sit,” will avow his opposition to a more speedy administration of

justice.

The institution of the trial by jury has been sanctified by the

experience of ages. It has been recognised by the constitution of

every state in the union. It is deemed the birthright of Americans; and

it is imagined, that liberty cannot subsist without it. The proposed

plan expressly adopts it, for the decision of all criminal accusations,

except impeachment; and is silent with respect to the determination of

facts in civil causes.

The inference, hence drawn by many, is not warranted by the premises.

By recognising the jury trial in criminal cases, the constitution

effectually provides, that it shall pre- [26] vail, so long as the

constitution itself shall remain unimpaired and unchanged. But,

from the great variety of civil cases, arising under this plan of

government, it would be unwise and impolitic to say aught about it, in

regard to these. Is there not a great variety of cases, in which this

trial is taken away in each of the states? Are there not many more

cases, where it is denied in England? For the convention to ascertain

in what cases it shall prevail, and in what others it may be expedient

to prefer other modes was impracticable. On this subject a future

congress is to decide; and I see no foundation under Heaven for the

opinion that congress will despise the known prejudices and inclination

of their countrymen. A very ingenious writer of Philadelphia has

mentioned the objections without deigning to refute that, which he

conceives to have originated in “sheer malice.”

I proceed to attack the whole body of anti-federalists in their strong

hold. The proposed constitution contains no _bill of rights_.

Consider again the nature and intent of a federal republic. It consists

of an assemblage of distinct states, each completely organized for the

protection of its own citizens, and the whole consolidated, by express

compact, under one head, for the general welfare and common defence.

Should the compact authorize the sovereign, or head to do all things

it may think necessary and proper, then there is no limitation to its

authority; and the liberty of each citizen in the union has no other

security, than the sound policy, good faith, virtue, and perhaps proper

interests, of the head.

When the compact confers the aforesaid general power, making

nevertheless some special reservations and exceptions, then is the

citizen protected further, so far as these reservations and exceptions

shall extend.

But, when the compact ascertains and defines the power delegated to the

federal head, then cannot this government, without manifest usurpation,

exert any power not expressly, or by _necessary_ implication, conferred

by the compact.

This doctrine is so obvious and plain, that I am amazed any good man

should deplore the omission of a bill of rights.

[27] When we were told, that the celebrated Mr. Wilson had advanced

this doctrine in effect, it was said, Mr. Wilson would not dare to

speak thus to a CONSTITUTIONALIST. With talents inferior to that

gentleman’s, I will maintain the doctrine against any CONSTITUTIONALIST

who will condescend to enter the lists, and behave like a gentleman.

It is, however, the idea of another most respectable character, that,

as a bill of rights could do no harm, and might quiet the minds of many

good people, the convention would have done well to indulge them. With

all due deference, I apprehend, that a bill of rights might not be this

innocent quieting instrument. Had the convention entered on the work,

they must have comprehended within it everything, which the citizens

of the United States claim as a natural or a civil right. An omission

of a single article would have caused more discontent, than is either

felt or pretended, on the present occasion. A multitude of articles

might be the source of infinite controversy, by clashing with the

powers intended to be given. To be full and certain, a bill of rights

might have cost the convention more time, than was expended on their

other work. The very appearance of it might raise more clamour than

its omission,—I mean from those who study pretexts for condemning the

whole fabric of the constitution.—“What! (might they say) did these

exalted spirits imagine, that the natural rights of mankind depend on

their gracious concession. If indeed they possessed that tyrannic sway,

which, the kings of England had once usurped, we might humbly thank

them for their _magna charta_, defective as it is. As that is not the

case, we will not suffer it to be understood, that their _new-fangled_

federal head shall domineer with the powers not excepted by their

precious bill of rights. What! if the owner of 1,000 acres of land

thinks proper to fell one half, is it necessary to take a release from

the vendee of the other half? Just as necessary is it for the people to

have a grant of their natural rights from a government which derives

everything it has, from the grant of the people.” [28]

The restraints laid on the state legislatures will tend to secure

domestic tranquility, more than all the bills, or declarations, of

rights, which human policy could devise. It is very justly asserted,

that the plan contains an avowal of many rights. It provides that

no man, shall suffer by expost facto laws or bills of attainder. It

declares, that gold and silver only shall be a tender for specie debts;

and that no law shall impair the obligation of a contract.

I have here perhaps touched a string, which secretly draws together

many of the foes to the plan. Too long have we sustained evils,

resulting from injudicious emissions of paper, and from the operation

of tender laws. To bills of credit as they are now falsely called,

may we impute the entire loss of confidence between men. Hence it is,

that specie has, in a great degree, ceased its proper office, and

been confined to speculations, baneful to the public, and enriching

a few enterprising sharp-sighted men, at the expence not only of the

ignorant, slothful, and needy, but of their country’s best benefactors.

Hence chiefly are the bankruptcies throughout America, and the

disreputable ruinous state of our commerce. Hence is it principally,

that America hath lost its credit abroad, and American faith become

a proverb. The convention plainly saw, that nothing short of a

renunciation of the right to emit bills of credit could produce that

grand consummation of policy, the RESTORATION OF PUBLIC AND PRIVATE

FAITH.

Were it possible for the nations abroad to suppose Great Britain would

emit bills on the terms whereon they have issued in America, how soon

would the wide arch of that mighty empire tumble into ruins? In no

other country in the universe has prevailed the idea of supplying,

by _promissory notes_, the want of coin, for commerce and taxes. In

America, indeed, they have heretofore served many valuable purposes.

It is this consideration, which has so powerfully attached to them

many well meaning honest citizens; and they talk of gratitude to paper

money, as if it were a sensible benefactor, entitled to the highest

rank and distinction; and as if, to abandon it, would be a deadly

sin. But when everything demonstrates the season to be past; when

the credit of America, in all places, depends on the security she

shall give to [29] contracts, it would be madness in the states to be

tenacious of their right. So long as Europe shall believe we regard

not justice, gratitude and honour, so long will America labour under

the disadvantages of an individual, who attempts to make good his way

through the world with a blasted reputation. To the man, who shall say,

“it is of no consequence to consult national honour,” I only answer

thus,—“If thy soul be so narrow and depraved, as to believe this, it

were a needless attempt to cure thee of thy error.”

On this subject there is no necessity for enlarging, to the people of

my native state; their conduct on a recent occasion having acquired

them great and deserved applause. Is it necessary to enlarge on the

propriety of giving more efficient powers to a federal head? At this

moment, congress is little more than a name, without power to effect a

single thing, which is the object of a confederate republic. Reflect

on the recent period, when, in a sister state, a numerous body of her

frantic citizens appeared armed for the destruction of a government,

framed by the people. When that unhappy state was devoted to the

miseries of a civil war, did congress even dare to interpose? Conscious

of its inability to protect, it could only await the result, in silence

and in terror. It indeed ventured to _make application_ to the states

for a small body of troops, under the poor pretext of another, and a

necessary, destination. But, notwithstanding the universal contagion

of the alarm, did the states, on _that_ occasion, comply with the

_requisition_? Suppose even an invasion by a foreign power,—in what

manner could congress provide for its own defence? In the contemptible

light in which America has lately stood, is it reasonable to expect she

will be suffered to remain long in peace? The distance between the two

continents is the only circumstance on which we can rely. All Europe is

now in suspence; and the result of your deliberations will instruct her

in the part she shall act.

With amazement, her nations contemplate a scene, of which the world is

too young to furnish a parallel. We assembled our sages, patriots, and

statesmen, to consult what mode of government is capable of producing

the greatest sum [30] of general good, with the least mixture of

general, and partial evil. Not that each individual in this august

assembly was expected to offer a system; but that the product of their

joint wisdom should be referred to the several states, to be adopted,

or rejected, as the great body of the people shall determine on a free

and full deliberation.

As the occasion was unparalleled so also is the plan, which, after many

months of painful investigation, is submitted, with an unanimity, also

unparalleled.

If there be any man, who approves the great outlines of the plan,

and, at the same time, would reject it, because he views some of the

minute parts as imperfect, he should reflect, that, if the states

think as he does, an alteration may be hereafter effected, at leisure.

When the convention determined, that the whole should be received,

or the whole fail, they did not on an arrogant conceit of their own

infallibility, but on the soundest principles of policy and common

sense. Were each state legislature, or convention, to take it up,

article by article, and section by section, with the liberty of

adopting some, and rejecting the rest, in all probability, so small

a part would be approved by nine states, on the narrow view which

each has of the subject, and attached as each is to its own supposed

interest, that, in its mutilated condition, it would be worse than the

present confederation. For thirteen different assemblies, in that way,

to approve so much of any plan whatever, as might merit the name of

system, the convention well knew to be impossible. Were there any one

body of men, invested with full power, in behalf of the whole United

States, to consider, and amend the plan, then would it be proper to

debate it by sections, in the same manner as it was originally debated.

With a view to defeat totally the plan, another general convention

is proposed; not with the power of giving a finishing hand to a

constitution; but _again_ to consider objections, to strike out, to

add, and _again_ to make their report to the several states.

In this way, there can never be an end. We must at last return to

this,—that whatever is agreed on, by the assembly appointed to

propose, must be either adopted in the whole, or in the whole rejected.

[31]

The idea of a new convention is started by some men, with the vain

expectation of having amendments made to suit a particular state, or

to advance their own selfish views. Were this fatal idea adopted, I

should bid a last adieu to that elevated hope, which now inspires me,

of living under the happiest form of government which the sun ever

beheld. Recollect again and again, that almost every state in the union

made a determined point of delegating its first characters to this

grand convention. Reflect upon the time spent in the arduous work, and

the sacrifices which those distinguished persons made to their country.

Should the same men be deputed again, would they not, think you, with

the same unanimity, subscribe and recommend the same plan? So far as I

have been informed, those members, who, in the progression of the plan,

had opposed certain parts, and yet afterwards subscribed cheerfully

to the whole, have, with the candour which becomes them, acknowledged

their errors in debate. Even an illustrious character, who was of

the minority, consisting only of three, I have been told, has since

regretted his refusal.

Suppose then a second convention, with a different choice of delegates.

These too would either speedily subscribe, or they might propose some

other system, to be debated, paragraph by paragraph, in thirteen

different assemblies; and then there would be the same probability

of a mutilated plan; or they would propose something, to be adopted

or rejected in the whole; and there would be the same necessity of

another convention. Besides, as the second convention, if it consist

of different men, must _inevitably_ be inferior to the first, there

is little probability that their work will be superior. Never again,

in an assembly constituted as that was, will there be found the same

liberality of sentiment, “the same spirit of amity, and the same mutual

deference and concession.”

If it be contended, that the second, being possessed of the various

objections from the several states, must be better able to determine, I

would ask, what conduct this second convention should adopt? Are they

to take the proposed plan, and strike out every thing objected to by

nine states? Or may they likewise adopt and recommend the entire plan?

In short, to [32] appoint a second convention, merely to consult and

propose, would be the most absurd expedient, that ever, in a matter of

this amazing magnitude, was proposed. Does any man then entertain the

thought of another kind of convention, invested with full powers to

consult, amend, adopt, and confirm? A scheme like this was never yet,

I trust, in agitation. But, if it were, I would propose this single

question. Whether is it better to amend, before it be tried, that plan,

which may be termed the result of the wisdom of America, or leave it to

be amended, at leisure, as mature experience shall direct?

Although a very great variety of ostensible objections have been

publicly offered, the real and sincere objections are hardly ever

disclosed in private. There is a class, opposed to the union of

_thirteen different states_, and the reason they assign, is the vast

extent of our territory. Let us consider well their objection.

To consolidate the whole thirteen states into a single organization,

was out of the convention’s contemplation,—for two unanswerable

reasons. In the first place, they were satisfied, that not one of

the states would renounce its sovereignty. In the next place, they

considered, that, in a single government, with a great extent of

territory, the advantages are most unequally diffused. As the extreme

parts are scarcely sensible of its protection, so are they scarcely

under its domination. It is generally agreed, that a great extended

nation can long continue under no _single_ form of government, except a

despotism into which, either a republic, or a limited monarchy, will

be certain to degenerate. And hence, if I understand the man who styles

himself a _Centinel_, he insinuates, that, if these states will persist

in remaining under one head, they must soon fall under the dominion of

a despot. But, my fellow-citizens, in a confederate

republic, consisting of distinct states, completely organized within

themselves, and each of no greater extent than is proper for a

republican form, almost all the blessings of government are equally

diffused. Its protection extends to the remotest corner, and there

every man is under restraint of laws. [33]

A true federal republic is always capable of accession by the peaceable

and friendly admission of new single states. _Its true size is neither

greater nor less than that, which may comprehend all the states, which,

by their contiguity, may become enemies, unless united under one common

head, capable of reconciling all their differences._ Such a government

as this, excels any single government, extending over the same

territory, as a band of brothers is superior to a band of slaves, or as

thirteen common men, for the purposes of agriculture, would be superior

to a giant, enjoying strength of body equal to them all.

The idea of a balance has long influenced the politics of Europe. But

how much superior to this almost impracticable balance would be a

general league, constituting a kind of federal republic, consisting of

all the independent powers of Europe, for preventing the impositions

and encroachments of one upon another! A true and perfect confederate

government, however, in her situation, is not to be attained; although

the great soul of HENRY THE FOURTH is said to have conceived the idea.

Shall America then form one grand federal republic? Or shall she, after

experiencing the benefits of even an imperfect union, and when a union

the most perfect is requisite for her permanent safety;—shall she, in

this situation, divide into thirteen contemptible single governments,

exposed to every insult and wrong from abroad, and watching each

other’s motions, with all the captiousness of jealous rivals? Or shall

she divide into two or more federal republics, actuated by the same

malignant dispositions? In either of these cases, after struggling

through infinite toils, difficulty, and danger, should the thirteen

single states be, at last, delivered from foreign foes, they will fall

upon each other; and no man can predict, what forms of government, or

division of territory, shall finally obtain——. Two or three federal

republics might possibly retain their independence. But they would

be in the same situation, with respect to each other, as France,

England, and Spain, scarcely ever free from war; practicing the arts

of dissimulation and intrigue; in vain striving to impose, by endless

negotiation; and, after all, relying only on the immense naval and land

forces, which they continually maintain. [34]

Let us then, my countrymen, embrace those blessings which Providence

is ready to shower on us. Open and extend your views! Let the prospect

comprehend the present and future generations, yourselves, your

children, your relatives, your fellow-citizens, dwellers on the same

continent, and inhabitants of the whole terraqueous globe.

With the prospect of my country’s future glory, presented to my

glowing imagination, it is difficult to resist the strong impulse of

enthusiasm. But it is neither _my_ talent, nor desire, to mislead. I

wish only to impress the genuine advantages of the proposed plan; and,

if possible, to rouse every man from that supineness, into which he is

lulled by the present deceitful calm. To acquit themselves, like men,

when visible danger assails; and, when it is repelled, to sink like

savages, into indolence, is said to be characteristic of Americans. I

am not, however, one of those, who imagine a necessity for embracing

almost any scheme, which the convention might have devised, for giving

to the union more efficient powers. Had the plan, they have proposed,

contained the seeds of much, though distant, evil, perhaps a _faithful

patriot_ might address you thus:

“Let us not, my friends, in a fit of unmanly apprehension, betray

that immense charge, with which Americans, at this day are entrusted!

Let us confide in _the wisdom of our great men_, with the assistance

of Heaven, to establish yet our safety and happiness! Let us, in the

meantime, sustain all our evils, with resignation and firmness. Let us

hope, that no foreign power, or lawless internal combinations, shall

do us a mighty injury! Let us be frugal, economical, industrious! Let

us suspend the cruel collection of debts! Let commerce continue to

droop! Let us awhile submit even to infamy; and turn a callous ear

to the indignant reproaches of our late faithful and affectionate

servants, friends and benefactors.”

To this purpose might a man plausibly declaim; provided the proposed

plan contained many and great faults; provided it were not calculated

to promote the general good, without violating the _just rights_

of a single individual; and provided it were not the best, which,

under all circumstances, could be reasonably expected. It was the

parting declaration of [35] the American NESTOR, to his exalted

fellow-labourers, that “he would subscribe, because he thought it

good, and because he did not know, but it was the best that could be

contrived.” My own declaration, which would be the same, were I now

standing on the verge of eternity, is, that if the whole matter were

left to my discretion, I would not change a single part. On reflection,

I was pleased with the conduct of the Virginia and Maryland assemblies,

in appointing distant days for the meeting of their state conventions.

Not that I greatly admired the supposed motive; but because I sincerely

wished every man might have time to comprehend and weigh the plan,

before the ultimate decision of these two states should be pronounced.

The longer it is contemplated, after it is understood, the greater, I

am persuaded, will be the approbation of those, who wish the public

good, and to whose private views and expectations, nothing, which tends

to promote that good, can be greatly detrimental.

But alas! My fellow citizens, on the adoption of this fatal plan,

and when every part of the great complicated machine shall be put in

motion, the lustre of our state assemblies will be diminished by the

superior splendour of the federal head. This single consideration,

although many hesitate to avow it, will cause more opposition, than all

the rest united. Weigh well the objection. If ever it be material to

inquire, by whom reasons are adduced, it is on this peculiar occasion.

From the objection itself, may perhaps be discerned the danger we are

opposed to, from the secret views and selfish considerations of the

objector.

What at this moment to the nations abroad is the state of Maryland? The

poor member of a defenceless system of petty republics. In what light

is she viewed by her sister states? Whatever rank she now possesses,

will remain after the great alteration of the system. They will all

rise or fall in the proportion which now exists. What then are the

powers an individual state will lose? She will no longer be able to

deny congress that, which congress, at this moment, has a right to

demand. She will have no power to enter into a treaty, alliance, or

confederation. She shall, in time of war, grant no letters of marque

and reprisal. She shall [36] coin no money, emit no bills of credit,

nor make any thing but gold and silver a tender in payment of debts.

She shall pass no bill of attainder, or ex post facto law, or law

impairing the obligation of a contract. She shall grant no title of

nobility. She shall not, _without consent of congress_, lay any duty

on imports or exports, except what may be necessary for executing her

inspection laws. She shall not, _without consent of congress_, lay any

duty on tonnage, keep troops or(64) ships of war, in time of peace;

enter into any agreement, or compact, with another state, or with a

foreign power; or engage in war, unless actually invaded, or in such

imminent danger, as will not admit of delay.

Of the several powers, from which an individual state is thus

restrained, some are improper to be used at all; others belong not even

now to the individual states; and the rest are strictly proper for only

the federal head. The aversion from ceding them to congress, is just

as reasonable as in a state of nature would be the reluctance of an

individual to relinquish any of his natural rights, upon entering into

a state of society. The principle, on which, at length, he surrenders,

is the necessity of every one’s making a cession of some rights,

to enable the sovereign to protect the rest. Each state is fully

sensible, that she cannot protect herself; and yet she would enjoy the

advantages of an union, without making the necessary contributions. To

discern how preposterous is the idea, requires not more than a moment’s

reflection.

For the honour of my countrymen, I hope this extreme reluctance to

surrender power is confined to those, whose ambition, or private

interest, would have all things subservient to the omnipotence of

assembly. In the few years that the state constitutions have endured,

has not everyone seen pregnant proofs of the vain love of domination?

Has he not also seen decisive marks of overbearing secret influence?

Where are the instances of exalted patriotism? But I forbear. [37]

Far from me is the wish to cast wantonly one stinging or disagreeable

reflection. The subject naturally required the general remark, and I

hope, this short hint may be excused.

Is there a possible advantage to be derived to the public, from a

single state’s exercising powers proper only for the federal head;

suppose even each state should use them properly and alike; which,

in the nature of things, is not to be expected? If there be men, who

delight in parliamentary warfare; who choose a fair wide field for

displaying their talents; who wish to see every servant of the public

prostrate before them; whose ears soothed by humble supplication; they

may still enjoy rich sources of gratification. Are not the regulations

of property, the regulations of the penal law, the protection of the

weak, the promotion of useful arts, the whole internal government of

their respective republics; are not these the main objects of every

wise and honest legislature? Are not these things still in their power;

and, whilst free from invasion or injuries abroad, are not these almost

the only things, in which sovereignty is exercised?

That the state legislatures will soon “drop out of sight,” is an idea

most extravagant and absurd; because, in addition to the importance

of their duties, the very existence of the congress depends upon

them. That they will, at least, dwindle into something like city

corporations, is an apprehension, founded on no better principle. May

the Ruler of the universe inspire them with wisdom to discharge those

numerous and extensive duties, which they will find remaining. To do

this, as they ought, will be far preferable to the(65) breaking all

useful national measures, and marring the concerns of a continent.

To do this, as they ought, will afford more true pleasure to a good

mind, than the carrying, by consummate eloquence and address, the

most interesting federal measure, which cannot be contrived by an

enlightened honest politician, in a state assembly, possessing all its

darling sovereignties!

You have been assured, that, soon as this fatal plan shall [38]

succeed, an host of rapacious collectors will _invade_ the land; that

they will wrest from you the hard product of your industry, turn out

your children from their dwellings, perhaps commit your bodies to a

jail; and your own immediate representatives will have no power to

relieve you. This is the mere phrenzy of declamation, the ridiculous

conjuration of spectres and hobgobblins!

To the five per cent. impost most of the states have more than once

given their assent. This is the only tax which congress wishes

immediately to impose. Of the imposition of assessment, capitation, or

direct taxes of any kind, the congress entertains no idea at present;

and although it be proper for the federal head to possess this power

in reserve, nothing but some unforeseen disaster will ever drive them

to such ineligible expedients. Setting aside the immediate advantages

of revived credit and trade, and the increased value of your property

and labour, you will be delivered, in a great measure, from that load

of direct taxation, which has been so unequally borne, and produced so

little substantial good.

Permit me to demand, what mighty benefit has resulted from the exercise

of those sovereign rights, that, in general, you should be loth to

resign them? Has not a perpetual clamour been kept up (it matters not

whether justly or otherwise) concerning the enormous impositions on

the people? And what are the advantages derived to the people of the

respective states, to the union, or to meritorious individuals?

Has not the far greater part of a state’s internal expences been

owing to the extreme length of sessions? Have not these sessions been

consumed in disgusting altercation, and in passing laws, serving to

little better purpose, than to swell the statute book, encourage a

negligence of duty, and obstruct the administration of justice?

To trace each real and ostensible objection up to its proper course,

would be a task equally invidious, irksome and unnecessary. The

characters of the principal advocates and opponents are well known. To

him who declines not a public avowal of his sentiments, some credit is

due, for his candour; and he is entitled to your patient attention.

But, he that prefers a secret corner, for dealing forth his ob- [39]

jections, and expositions, should be heard with caution and distrust.

It is in a land of slavery alone, where truth shuns the open day.—Each

side has imputed to the other illiberal and selfish motives. Consider

then the particular interests of each; and bear this in your minds,

that an interest may be either honourable and praiseworthy, or directly

the reverse.

You have been told that the proposed plan was calculated peculiarly for

the rich. In all governments, not merely despotic, the wealthy must,

in most things, find an advantage, from the possession of that, which

is too much the end and aim of mankind. In the proposed plan, there

is nothing like a discrimination in their favour. How this amazing

objection is to be supported, I am at a loss to conjecture. Is it a

just cause of reproach, that the constitution effectually secures

property? Or would the objectors introduce a general scramble? In

eligibility to office, in suffrage, and in every other civil right, men

are all on terms of perfect equality. And yet, notwithstanding this

just equality, each man is to pay taxes in proportion to his ability,

or his expences.

A still more surpassing objection remains to be considered. “This

new constitution, so much bepraised, and admired, will commence in a

moderate aristocracy. To a corrupt and oppressive one the transition

is easy, and inevitable, unless some Cæsar, or a Cromwell, in their

stead, shall make a seizure of their liberties. As to the house of

representatives, they will either be insignificant spectators of the

contest between the president and the senate, or their weight will be

thrown in to one of the scales.”

No man, indeed, has exactly used these words; but they contain the sum

and scope of several recent publications.

In the course of my remarks, I have already said enough to expose the

futility of certain objections, which are ushered to the world, under

the auspices of a pair of honourable names. Notwithstanding the care

and pomposity, with which they are circulated, it is not worth while to

draw invidious comparison. One gentleman, whose name is thus _freely_

used, I think, calls the house of representatives a mere [40] shred,

or rag of representation. Does he consider the distinction between the

objects of a confederate republic, and of a single government? It is

a poor return for that singular respect which the convention paid to

the majesty of the people, in contriving, that congress shall not only

be a representation of states, as heretofore, but also an immediate

representation of the people. Were 5, 10, or even 20,000, the ratio

proposed, then peradventure the honourable objector might clamour about

the expence of a mobbish legislature.

The fact is, that the new government, constructed on the broad basis

of equality, mutual benefits, and national good, is not calculated to

secure a single state all her natural advantages at the expence of the

natural and acquired advantages of her respectable brethren of New

England.

His real objection against constituting the senate an executive

council arises, I conceive, from the equality of representation. As

to the trite maxim, that the legislative and executive ought ever

to be distinct and separate, I would, in addition to my foregoing

observations on this head, refer him to Montesquieu’s chapter on

the English government. I could wish, the writings of that great

man, and of Judge Blackstone, so often either copied, or cited for

conclusive authority, were better understood. Should a second, or a

third convention, be obtained, the aforesaid honourable gentlemen can

never be _fully_ indulged in their main object of a proportionate

representation.

The examples of a genuine aristocracy are rare. They were founded in

times of profound ignorance, and when the mass of property was in

the hands of a few, whilst the rest pined in want and wretchedness.

One European aristocratic government, if such it can be called, has

grown out of the original defective form, the offspring of necessity,

and commenced amidst the horrors of a civil war. Although the people

of that country fought, and intended, to be free, their compact of

government never was complete; they did not attend to the principle

of rotation, and checks; and a genuine representation did never there

prevail.

An aristocracy can perhaps subsist with only a moderate extent of

territory and population. But it is a farce to talk of an aristocracy;

when there are two branches, so dif- [41] ferently formed; when the

members of each are chosen for a reasonable term; and when their

reappointment depends on the good opinion of their countrymen. It is

not in nature, that a man with the least portion of _common_ sense

can believe the people of America will consent to such a deplorable

change in their constitution, as shall confine all power to a few noble

families, or that, without their consent, the change will be effected,

by internal policy, or force.

Whilst mankind shall believe freedom to be better than slavery;

whilst our lands shall be generally distributed, and not held by a

few insolent barons, on the debasing terms of vassalage; whilst we

shall teach our children to read and write; whilst the liberty of the

press, that grand palladium, which tyrants are compelled to respect,

shall remain; whilst a spark of public love shall animate even a small

part of the people; whilst even self-love shall be the general ruling

principle; so long will it be impossible for an aristocracy to arise

from the proposed plan.—Should Heaven, in its wrath, inflict blindness

on the people of America; should they reject this fair offer of

permanent safety and happiness; to predict what species of government

shall at last spring from disorder, is beyond the short reach of

political foresight.

Believe me, my fellow citizens, that no overweening self conceit,

no vain ambition, no restless meddling spirit, has produced this

address. Long had I waited to see this vast question treated, as it

deserves; and the publication disseminated in my native state. Many

judicious observations had appeared in newspapers and handbills. But

no publication, that I have seen, has gone fully into the merits,

considered the objections, and explained that, which is doubtful and

obscure. On this account I, at length, made the attempt. That my

performance is equal to my wishes, I can by no means believe. I have,

however, a consolation in reflecting, that it will be difficult for

any man to demonstrate, that, in this business, I have a particular

interest. In many of my remarks, I have been anticipated by writings,

which I have seen; and I have collected ma- [42] terials, wherever I

could find them. Could I be convinced, that I have said nothing, which

had not before been said or thought by thousands, the reflection would

yield far less mortification than pleasure.

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