Thus I have examined the federal constitution as far as a few days
leisure would permit. It opens to my mind a new scene; instead of
seeing powers cautiously lodged in the hands of numerous legislators,
and many magistrates, we see all important powers collecting in one
centre, where a few men will possess them almost at discretion. And
instead of checks in the formation of the government, to secure the
rights of the people against the usurpations of those they appoint to
govern, we are to understand the equal division of lands among our
people, and the strong arm furnished them by nature and situation, are
to secure them against those usurpations. If there are advantages in
the equal division of our lands, and the strong and manly habits of our
people, we ought to establish governments calculated to give duration
to them, and not governments which never can work naturally, till
that equality of property, and those free and manly habits shall be
destroyed; these evidently are not the natural basis of the proposed
constitution. No man of reflection, and skilled in the science of
government, can suppose these will move on harmoniously together for
ages, or even for fifty years. As to the little circumstances commented
upon, by some writers, with applause—as the age of a representative,
of the president, &c.—they have, in my mind, no weight in the general
tendency of the system.
There are, however, in my opinion, many good things in the proposed
system. It is founded on elective principles, and the deposits of
powers in different hands, is essentially right. The guards against
those evils we have experienced in some states in legislation are
valuable indeed; but the value of every feature in this system is
vastly lessened for the want of that one important feature in a free
government, a representation of the people. Because we have sometimes
abused democracy, I am not among those men who think a democratic
branch a nuisance; which branch shall be sufficiently numerous to admit
some of the best informed men of each order in the community into the
administration of government.
While the radical defects in the proposed system are not so soon
discovered, some temptations to each state, and to many classes of
men to adopt it, are very visible. It uses the democratic language of
several of the state constitutions, particularly that of Massachusetts;
the eastern states will receive advantages so far as the regulation
of trade, by a bare majority, is committed to it: Connecticut and New
Jersey will receive their share of a [36] general impost: The middle
states will receive the advantages surrounding the seat of government;
The southern states will receive protection, and have their negroes
represented in the legislature, and large back countries will soon have
a majority in it. This system promises a large field of employment
to military gentlemen, and gentlemen of the law; and in case the
government shall be executed without convulsions, it will afford
security to creditors, to the clergy, salary-men and others depending
on money payments. So far as the system promises justice and reasonable
advantages, in these respects, it ought to be supported by all honest
men; but whenever it promises unequal and improper advantages to any
particular states, or orders of men, it ought to be opposed.
I have, in the course of these letters observed, that there are many
good things in the proposed constitution, and I have endeavored to
point out many important defects in it. I have admitted that we want a
federal system—that we have a system presented, which, with several
alterations may be made a tolerable good one—I have admitted there
is a well founded uneasiness among creditors and mercantile men. In
this situation of things, you ask me what I think ought to be done? My
opinion in this case is only the opinion of an individual, and so far
only as it corresponds with the opinions of the honest and substantial
part of the community, is it entitled to consideration. Though I am
fully satisfied that the state conventions ought most seriously to
direct their exertions to altering and amending the system proposed
before they shall adopt it—yet I have not sufficiently examined the
subject, or formed an opinion, how far it will be practicable for those
conventions to carry their amendments. As to the idea, that it will
be in vain for those conventions to attempt amendments, it cannot be
admitted; it is impossible to say whether they can or not until the
attempt shall be made; and when it shall be determined, by experience,
that the conventions cannot agree in amendments, it will then be an
important question before the people of the United States, whether they
will adopt or not the system proposed in its present form. This subject
of consolidating the states is new: and because forty or fifty men
have agreed in a system, to suppose the good sense of this country, an
enlightened nation, must adopt it without examination, and though in a
state of profound peace, without endeavouring to amend those parts they
perceive are defective, dangerous to freedom, and destructive of the
valuable principles of republican government—is truly humiliating. It
is true there may be danger in delay; but there is danger in adopting
the system in its present form; and I see the danger in either case
will arise principally from the conduct and views of [37] two very
unprincipled parties in the United States—two fires, between which
the honest and substantial people have long found themselves situated.
One party is composed of little insurgents, men in debt, who want no
law, and who want a share of the property of others; these are called
levellers, Shayites, &c. The other party is composed of a few, but
more dangerous men, with their servile dependents; these avariciously
grasp at all power and property; you may discover in all the actions of
these men, an evident dislike to free and equal government, and they
will go systematically to work to change, essentially, the forms of
government in this country; these are called aristocrats, m——ites,
&c. &c. Between these two parties is the weight of the community; the
men of middling property, men not in debt on the one hand, and men,
on the other, content with republican governments, and not aiming at
immense fortunes, offices, and power. In 1786, the little insurgents,
the levellers, came forth, invaded the rights of others, and attempted
to establish governments according to their wills. Their movements
evidently gave encouragement to the other party, which, in 1787, has
taken the political field, and with its fashionable dependants, and
the tongue and the pen, is endeavoring to establish in a great haste,
a politer kind of government. These two parties, which will probably
be opposed or united as it may suit their interests and views, are
really insignificant, compared with the solid, free, and independent
part of the community. It is not my intention to suggest, that either
of these parties, and the real friends of the proposed constitution,
are the same men. The fact is, these aristocrats support and hasten the
adoption of the proposed constitution, merely because they think it is
a stepping stone to their favorite object. I think I am well founded
in this idea; I think the general politics of these men support it,
as well as the common observation among them, that the proffered plan
is the best that can be got at present, it will do for a few years,
and lead to something better. The sensible and judicious part of the
community will carefully weigh all these circumstances; they will view
the late convention as a respectable body of men—America probably
never will see an assembly of men, of a like number, more respectable.
But the members of the convention met without knowing the sentiments
of one man in ten thousand in these states respecting the new ground
taken. Their doings are but the first attempts in the most important
scene ever opened. Though each individual in the state conventions will
not, probably, be so respectable as each individual in the federal
convention, yet as the state conventions will probably consist of
fifteen hundred or two thousand men of abilities, and versed in the
science of government, [38] collected from all parts of the community
and from all orders of men, it must be acknowledged that the weight of
respectability will be in them.—In them will be collected the solid
sense and the real political character of the country. Being revisers
of the subject, they will possess peculiar advantages. To say that
these conventions ought not to attempt, coolly and deliberately, the
revision of the system, or that they cannot amend it, is very foolish
or very assuming. If these conventions, after examining the system,
adopt it, I shall be perfectly satisfied, and wish to see men make the
administration of the government an equal blessing to all orders of
men. I believe the great body of our people to be virtuous and friendly
to good government, to the protection of liberty and property; and
it is the duty of all good men, especially of those who are placed
as sentinels to guard their rights—it is their duty to examine into
the prevailing politics of parties, and to disclose them—while they
avoid exciting undue suspicions, to lay facts before the people, which
will enable them to form a proper judgment. Men who wish the people of
this country to determine for themselves, and deliberately to fit the
government to their situation, must feel some degree of indignation at
those attempts to hurry the adoption of a system, and to shut the door
against examination. The very attempts create suspicions, that those
who make them have secret views, or see some defects in the system,
which, in the hurry of affairs, they expect will escape the eye of a
free people.
What can be the views of those gentlemen in Pennsylvania, who
precipitated decisions on this subject? What can be the views of
those gentlemen in Boston, who countenanced the Printers in shutting
up the press against a fair and free investigation of this important
system in the usual way. The members of the convention have done their
duty——why should some of them fly to their states——almost forget a
propriety of behaviour, and precipitate measures for the adoption of a
system of their own making? I confess candidly, when I consider these
circumstances in connection with the unguarded parts of the system I
have mentioned, I feel disposed to proceed with very great caution,
and to pay more attention than usual to the conduct of particular
characters. If the constitution presented be a good one, it will stand
the test with a well informed people: all are agreed that there shall
be state conventions to examine it; and we must believe it will be
adopted, unless we suppose it is a bad one, or that those conventions
will make false divisions respecting it. I admit improper measures
are taken against the adoption of the system as well for it——all
who object to the plan proposed ought to point out the defects [39]
objected to, and to propose those amendments with which they can accept
it, or to propose some other system of government, that the public
mind may be known, and that we may be brought to agree in some system
of government, to strengthen and execute the present, or to provide
a substitute. I consider the field of enquiry just opened, and that
we are to look to the state conventions for ultimate decisions on the
subject before us; it is not to be presumed, that they will differ
about small amendments, and lose a system when they shall have made
it substantially good; but touching the essential amendments, it is
to be presumed the several conventions will pursue the most rational
measures to agree in and obtain them; and such defects as they shall
discover and not remove, they will probably notice, keep them in
view as the ground work of future amendments, and in the firm and
manly language which every free people ought to use, will suggest to
those who may hereafter administer the government, that it is their
expectation, that the system will be so organized by legislative
acts, and the government so administered, as to render those defects
as little injurious as possible. Our countrymen are entitled to an
honest and faithful government; to a government of laws and not of
men; and also to one of their chusing—as a citizen of the country,
I wish to see these objects secured, and licentious, assuming, and
overbearing men restrained; if the constitution or social compact be
vague and unguarded, then we depend wholly upon the prudence, wisdom
and moderation of those who manage the affairs of government; or on
what, probably, is equally uncertain and precarious, the success of the
people oppressed by the abuse of government, in receiving it from the
hands of those who abuse it, and placing it in the hands of those who
will use it well.
In every point of view, therefore, in which I have been able, as yet,
to contemplate this subject, I can discern but one rational mode of
proceeding relative to it: and that is to examine it with freedom and
candour, to have state conventions some months hence, which shall
examine coolly every article, clause, and word in the system proposed,
and to adopt it with such amendments as they shall think fit. How
far the state conventions ought to pursue the mode prescribed by the
federal convention of adopting or rejecting the plan in toto, I leave
it to them to determine. Our examination of the subject hitherto has
been rather of a general nature. The republican characters in the
several states, who wish to make this plan more adequate to security of
liberty and property, and to the duration of the principles of a free
government, will, no doubt, collect their opinions to certain points,
and accurately define those [40] alterations and amendments they wish;
if it shall be found they essentially disagree in them, the conventions
will then be able to determine whether to adopt the plan as it is, or
what will be proper to be done.
Under these impressions, and keeping in view the improper and
unadvisable lodgment of powers in the general government, organized
as it at present is, touching internal taxes, armies and militia, the
elections of its own members, causes between citizens of different
states, &c. and the want of a more perfect bill of rights, &c. I
drop the subject for the present, and when I shall have leisure
to revise and correct my ideas respecting it, and to collect into
points the opinions of those who wish to make the system more secure
and safe, perhaps I may proceed to point out particularly for your
consideration, the amendments which ought to be ingrafted into this
system, not only in conformity to my own, but the deliberate opinions
of others—you will with me perceive, that the objections to the plan
proposed may, by a more leisure examination be set in a stronger point
of view, especially the important one, that there is no substantial
representation of the people provided for in a government in which the
most essential powers, even as to the internal police of the country,
is proposed to be lodged.
I think the honest and substantial part of the community will wish
to see this system altered, permanency and consistency given to the
constitution we shall adopt; and therefore they will be anxious
to apportion the powers to the features and organizations of the
government, and to see abuse in the exercise of power more effectually
guarded against. It is suggested, that state officers, from interested
motives will oppose the constitution presented——I see no reason for
this, their places in general will not be effected, but new openings to
offices and places of profit must evidently be made by the adoption of
the constitution in its present form.
Your’s, &c.