Printed In
The Connecticut
Courant
And
The American Mercury,
November, 1787-March, 1788.
Note.
The letters of a Landholder were so
obviously written by a a member of the federal convention,
that their authorship could not long remain a secret.
They were published simultaneously in the
Connecticut
Courant
at Hartford and the
American Mercury
at Litchfield, and this so clearly indicated Oliver
Ellsworth as the writer that they were at once credited
to his pen.
The letters had a very wide circulation,
numbers being reprinted as far north as New Hampshire,
and as far south as Maryland. They called out
several replies, three of which, by Gerry, Williams
and Martin, are printed in this collection.
A Landholder, I.
The Connecticut
Courant
, (Number 1189)
MONDAY, NOVEMBER 5, 1787.
TO THE HOLDERS AND TILLERS OF LAND.
The writer of the following passed
the first part of his life in mercantile employments,
and by industry and economy acquired a sufficient
sum on retiring from trade to purchase and stock a
decent plantation, on which he now lives in the state
of a farmer. By his present employment he is
interested in the prosperity of agriculture, and those
who derive a support from cultivating the earth.
An acquaintance with business has freed him from many
prejudices and jealousies, which he sees in his neighbors,
who have not intermingled with mankind, nor learned
by experience the method of managing an extensive
circulating property. Conscious of an honest
intention he wishes to address his brethren on some
political subjects which now engage the public attention,
and will in the sequel greatly influence the value
of landed property. The new constitution for
the United States is now before the public, the people
are to determine, and the people at large generally
determine right, when they have had means of information.
It proves the honesty and patriotism
of the gentlemen who composed the general Convention,
that they chose to submit their system to the people
rather than the legislatures, whose decisions are often
influenced by men in the higher departments of government,
who have provided well for themselves and dread any
change least they should be injured by its operation.
I would not wish to exclude from a State Convention
those gentlemen who compose the higher branches of
the assemblies in the several states, but choose to
see them stand on an even floor with their brethren,
where the artifice of a small number cannot negative
a vast majority of the people.
This danger was foreseen by the Federal
Convention, and they have wisely avoided it by appealing
directly to the people. The landholders and farmers
are more than any other men concerned in the present
decision whether the proposed alteration is best they
are to determine; but that an alteration is necessary
an individual may assert. It may be assumed as
a fixed truth that the prosperity and riches of the
farmer must depend on the prosperity, and good national
regulation of trade. Artful men may insinuate
the contrary tell you let trade take care
of itself, and excite your jealousy against the merchant
because his business leads him to wear a gayer coat,
than your economy directs. But let your own experience
refute such insinuations. Your property and riches
depend on a ready demand and generous price for the
produce you can annually spare. When and where
do you find this? Is it not where trade flourishes,
and when the merchant can freely export the produce
of the country to such parts of the world as will
bring the richest return? When the merchant doth
not purchase, your produce is low, finds a dull market in
vexation you call the trader a jocky, and curse the
men whom you ought to pity. A desire of gain
is common to mankind, and the general motive to business
and industry. You cannot expect many purchases
when trade is restricted, and your merchants are shut
out from nine-tenths of the ports in the world.
While you depend on the mercy of foreign nations, you
are the first persons who will be humbled. Confined
to a few foreign ports they must sell low, or not
at all; and can you expect they will greedily buy in
at a high price, the very articles which they must
sell under every restriction.
Every foreign prohibition on American
trade is aimed in the most deadly manner against the
holders and tillers of the land, and they are the men
made poor. Your only remedy is such a national
government as will make the country respectable; such
a supreme government as can boldly meet the supremacy
of proud and self-interested nations. The regulation
of trade ever was and ever will be a national matter.
A single state in the American union cannot direct
much less control it. This must be a work of
the whole, and requires all the wisdom and force of
the continent, and until it is effected our commerce
may be insulted by every overgrown merchant in Europe.
Think not the evil will rest on your merchants alone;
it may distress them, but it will destroy those who
cultivate the earth. Their produce will bear
a low price, and require bad pay; the laborer will
not find employment; the value of lands will fall,
and the landholder become poor.
While our shipping rots at home by
being prohibited from ports abroad, foreigners will
bring you such articles and at such price as they please.
Even the necessary article of salt has the present
year, been chiefly imported in foreign bottoms, and
you already feel the consequence, your flax-seed in
barter has not returned you more than two-thirds of
the usual quantity. From this beginning learn
what is to come.
Blame not our merchants, the fault
is not in them but in the public. A Federal government
of energy is the only means which will deliver us,
and now or never is your opportunity to establish
it, on such a basis as will preserve your liberty
and riches. Think not that time without your own
exertions will remedy the disorder. Other nations
will be pleased with your poverty; they know the advantage
of commanding trade, and carrying in their own bottoms.
By these means they can govern prices and breed up
a hardy race of seamen, to man their ships of war
when they wish again to conquer you by arms.
It is strange the holders and tillers of the land
have had patience so long. They are men of resolution
as well as patience, and will I presume be no longer
deluded by British emissaries, and those men who think
their own offices will be hazarded by any change in
the constitution. Having opportunity, they will
coolly demand a government which can protect what
they have bravely defended in war.
A LANDHOLDER.
A Landholder, II.
The Connecticut
Courant
, (Number 1190)
MONDAY, NOVEMBER 12, 1787.
TO THE HOLDER AND TILLERS OF LAND.
Gentlemen
,
You were told in the late war that
peace and Independence would reward your toil, and
that riches would accompany the establishment of your
liberties, by opening a wider market, and consequently
raising the price of such commodities as America produces
for exportation.
Such a conclusion appeared just and
natural. We had been restrained by the British
to trade only with themselves, who often re-exported
to other nations, at a high advance, the raw materials
they have procured from us. This advance we designed
to realize, but our expectation has been disappointed.
The produce of the country is in general down to the
old price, and bids fair to fall much lower.
It is time for those who till the earth in the sweat
of their brow to enquire the cause. And we shall
find it neither in the merchant or farmer, but in
a bad system of policy and government, or rather in
having no system at all. When we call ourselves
an independent nation it is false, we are neither a
nation, nor are we independent. Like thirteen
contentious neighbors we devour and take every advantage
of each other, and are without that system of policy
which gives safety and strength, and constitutes a
national structure. Once we were dependent only
on Great Britain, now we are dependent on every petty
state in the world and on every custom house officer
of foreign ports. If the injured apply for redress
to the assemblies of the several states, it is in
vain, for they are not, and cannot be known abroad.
If they apply to Congress, it is also vain, for however
wise and good that body may be, they have not power
to vindicate either themselves or their subjects.
Do not my countrymen fall into a passion
on hearing these truths, nor think your treatment
unexampled. From the beginning it hath been the
case that people without policy will find enough to
take advantage of their weakness, and you are not
the first who have been devoured by their wiser neighbours,
but perhaps it is not too late for a remedy, we ought
at least to make a trial, and if we still die shall
have this consolation in our last hours, that we tried
to live.
I can foresee that several classes
of men will try to alarm your fears, and however selfish
their motives, we may expect that liberty, the encroachments
of power, and the inestimable privileges of dear posterity
will with them be fruitful topicks of argument.
As holy scripture is used in the exorcisms of Romish
priests to expel imaginary demons; so the most sacred
words will be conjured together to oppose evils which
have no existence in the new constitution, and which
no man dare attempt to carry into execution, among
a people of so free a spirit as the Americans.
The first to oppose a federal government will be the
old friends Great Britain, who in their hearts cursed
the prosperity of your arms, and have ever since delighted
in the perplexity of your councils. Many of these
men are still among us, and for several years their
hopes of a reunion with Britain have been high.
They rightly judge that nothing will so soon effect
their wishes as the deranged state we are now in, if
it should continue. They see that the merchant
is weary of a government which cannot protect his
property, and that the farmer finding no benefit from
the revolution, begins to dread much evil; and they
hope the people will soon supplicate the protection
of their old masters. We may therefore expect
that all the policy of these men will center in defeating
those measures which will protect the people, and
give system and force to American councils. I
was lately in a circle where the new constitution was
discussed. All but one man approved. He was
full of trembling for the liberties of poor America.
It was strange! It was wondorous strange to see
his concern! After several of his arguments had
been refuted by an ingenious farmer in the company,
but, says he, it is against the treaty of peace, we
received independence from Great Britain on condition
of our keeping the old constitution. Here the
man came out! We had beat the British with a
bad frame of government, and with a good one he feared
we should eat them up. Debtors in desperate circumstances,
who have not resolution to be either honest or industrious,
will be the next men to take the alarm. They
have long been upheld by the property of their creditors
and the mercy of the public, and daily destroy a thousand
honest men who are unsuspicious. Paper money
and tender acts, is the only atmosphere in which they
can breathe, and live. This is now so generally
known that by being a friend to such measures a man
effectually advertises himself as a bankrupt.
The opposition of these we expect, but for the sake
of all honest and industrious debtors, we most earnestly
wish the proposed constitution may pass, for whatever
gives a new spring to business will extricate them
from their difficulties.
There is another kind of people will
be found in the opposition. Men of much self
importance and supposed skill in politics, who are
not of sufficient consequence to obtain public employment,
but can spread jealousies in the little districts
of country where they are placed. These are always
jealous of men in place and of public measures, and
aim at making themselves consequential by distrusting
every one in the higher offices of society.
It is a strange madness of some persons,
immediately to distrust those who are raised by the
free
suffrages
of the people, to sustain powers
which are absolutely necessary for public safety.
Why were they elevated but for a general reputation
of wisdom and integrity; and why should they be distrusted,
until by ignorance or some base action they have forfeited
a right to our confidence?
To fear a general government or energetic
principles least it should create tyrants, when without
such a government all have an opportunity to become
tyrants and avoid punishment, is fearing the possibility
of one act of oppression, more than the real exercise
of a thousand. But in the present case, men who
have lucrative and influential state offices, if they
act from principles of self-interest, will be tempted
to oppose an alteration, which would doubtless be
beneficial to the people. To sink from a controlment
of finance, or any other great department of the state,
thro’ want of ability or opportunity to act a
part in the federal system, must be a terrifying consideration.
Believe not those who insinuate that this is a scheme
of great men to grasp more power. The temptation
is on the other side. Those in great offices
never wish to hazard their places by such a change.
This is the scheme of the people, and those high and
worthy characters who in obedience to the public voice
offer the proposed amendment of our federal constitution
thus esteemed it, or they would have determined state
Conventions as the tribunal of ultimate decision.
This is the last opportunity you may have to adopt
a government which gives all protection to personal
liberty, and at the same time promises fair to afford
you all the advantages of a sovereign empire.
While you deliberate with coolness, be not duped by
the artful surmises of such as from their own interest
or prejudice are blind to the public good.
A LANDHOLDER.
A Landholder, III.
The Connecticut
Courant
, (Number 1191)
MONDAY, NOVEMBER 19, 1787.
TO THE HOLDERS AND TILLERS OF LAND.
Gentlemen
,
When we rushed to arms for preventing
British usurpation, liberty was the argument of every
tongue.
This word would open all the resources
of the country and draw out a brigade of militia rapidly
as the most decisive orders of a despotic government.
Liberty is a word which, according as it is used, comprehends
the most good and the most evil of any in the world.
Justly understood it is sacred next to those which
we appropriate in divine adoration; but in the mouths
of some it means anything, which enervate a necessary
government; excite a jealousy of the rulers who are
our own choice, and keep society in confusion for
want of a power sufficiently concentered to promote
its good. It is not strange that the licentious
should tell us a government of energy is inconsistent
with liberty, for being inconsistent with their wishes
and their vices, they would have us think it contrary
to human happiness. In the state this country
was left by the war, with want of experience in sovereignty,
and the feelings which the people then had; nothing
but the scene we had passed thro’ could give
a general conviction that an internal government of
strength is the only means of repressing external
violence, and preserving the national rights of the
people against the injustice of their own brethren.
Even the common duties of humanity will gradually
go out of use, when the constitution and laws of a
country do not insure justice from the public and between
individuals. American experience, in our present
deranged state, hath again proved these great truths,
which have been verified in every age since men were
made and became sufficiently numerous to form into
public bodies. A government capable of controlling
the whole, and bringing its force to a point, is one
of the prerequisites for national liberty. We
combine in society, with an expectation to have our
persons and properties defended against unreasonable
exactions either at home or abroad. If the public
are unable to protest against the unjust impositions
of foreigners, in this case we do not enjoy our natural
rights, and a weakness of government is the cause.
If we mean to have our natural rights and properties
protected, we must first create a power which is able
to do it, and in our case there is no want of resources,
but a civil constitution which may draw them out and
point their force.
The present question is, shall we
have such a constitution or not? We allow it
to be a creation of power; but power when necessary
for our good is as much to be desired as the food
we eat or the air we breathe. Some men are mightily
afraid of giving power lest it should be improved for
oppression; this is doubtless possible, but where is
the probability? The same objection may be made
against the constitution of every state in the union,
and against every possible mode of government; because
a power of doing good always implies a power to do
evil if the person or party be disposed.
The right of the legislature to ordain
laws binding on the people, gives them a power to
make bad laws.
The right of the judge to inflict
punishment, gives him both power and opportunity to
oppress the innocent; yet none but crazy men will from
thence determine that it is best to have neither a
legislature nor judges.
If a power to promote the best interest
of the people, necessarily implies a power to do evil,
we must never expect such a constitution in theory
as will not be open in some respects to the objections
of carping and jealous men. The new Constitution
is perhaps more cautiously guarded than any other
in the world, and at the same time creates a power
which will be able to protect the subject; yet doubtless
objections may be raised, and so they may against
the constitution of each state in the union. In
Connecticut the laws are the constitution by which
the people are governed, and it is generally allowed
to be the most free and popular in the thirteen states.
As this is the state in which I live and write, I
will instance several things which with a proper coloring
and a spice of jealousy appear most dangerous to the
natural rights of the people, yet they have never
been dangerous in practice, and are absolutely necessary
at some times to prevent much greater evil.
The right of taxation or of assessing
and collecting money out of the people, is one of
those powers which may prove dangerous in the exercise,
and which by the new constitution is vested solely
in representatives chosen for that purpose. But
by the laws of Connecticut, this power called so dangerous
may be exercised by selectmen of each town, and this
not only without their consent but against their express
will, where they have considered the matter, and judge
it improper. This power they may exercise when
and so often as they judge necessary! Three justices
of the quorum may tax a whole county in such sums
as they think meet, against the express will of all
the inhabitants. Here we see the dangerous power
of taxation vested in the justices of the quorum and
even in selectmen, men whom we should suppose as likely
to err and tyrannize as the representatives of three
millions of people in solemn deliberation, and amenable
to the vengeance of their constituents, for every act
of injustice. The same town officers have equal
authority where personal liberty is concerned, in
a matter more sacred than all the property in the
world, the disposal of your children. When they
judge fit, with the advice of one justice of the peace,
they may tear them from the parent’s embrace,
and place them under the absolute control of such masters
as they please; and if the parent’s reluctance
excites their resentment, they may place him and his
property under overseers. Fifty other instances
fearfull as these might be collected from the laws
of the state, but I will not repeat them lest my readers
should be alarmed where there is no danger. These
regulations are doubtless best; we have seen much good
and no evil come from them. I adduce these instances
to shew, that the most free constitution when made
the subject of criticism may be exhibited in frightful
colors, and such attempts we must expect against that
now proposed. If, my countrymen, you wait for
a constitution which absolutely bars a power of doing
evil, you must wait long, and when obtained it will
have no power of doing good. I allow you are oppressed,
but not from the quarter that jealous and wrongheaded
men would insinuate. You are oppressed by the
men, who to serve their own purposes would prefer the
shadow of government to the reality. You are oppressed
for the want of power which can protect commerce,
encourage business, and create a ready demand for
the productions of your farms. You are become
poor; oppression continued will make wise men mad.
The landholders and farmers have long borne this oppression,
we have been patient and groaned in secret, but can
promise for ourselves no longer; unless relieved, madness
may excite us to actions we now dread.
A LANDHOLDER.
The Landholder, IV.
The Connecticut
Courant
, (Number 1192)
MONDAY, NOVEMBER 26, 1787.
Remarks on the objections made
by the Hon. Elbridge Gerry, to the new Constitution.
(30)
TO THE LANDHOLDERS AND FARMERS.
To censure a man for an opinion in
which he declares himself honest, and in a matter
of which all men have a right to judge, is highly injurious;
at the same time, when the opinions even of honorable
men are submitted to the people, a tribunal before
which the meanest citizen hath a right to speak, they
must abide the consequence of public stricture.
We are ignorant whether the honorable gentlemen possesses
state dignities or emoluments which will be endangered
by the new system, or hath motives of personality
to prejudice his mind and throw him into the opposition;
or if it be so, do not wish to evade the objections
by such a charge. As a member of the General
Convention, and deputy from a great state, this honorable
person hath a right to speak and be heard. It
gives pleasure to know the extent of what may be objected
or even surmised, by one whose situation was the best
to espy danger, and mark the defective parts of the
constitution if any such there be. Mr. Gerry,
tho’ in the character of an objector, tells
us “he was fully convinced that to preserve the
union an efficient government was indispensibly necessary,
and that it would be difficult to make proper amendments
to the old articles of confederation,” therefore
by his own confession there was an indispensible necessity
of a system, in many particulars entirely new.
He tells us further “that if the people reject
this altogether, anarchy may ensue,” and what
situation can be pictured more awful than a total
dissolution of all government? Many defects in
the constitution had better be risked than to fall
back into that state of rude violence, in which every
man’s hand is against his neighbor, and there
is no judge to decide between them, or power of justice
to control. But we hope to shew that there are
no alarming defects in the proposed structure of government,
and that while a public force is created, the liberties
of the people have every possible guard.
Several of the honourable Gentlemen’s
objections are expressed in such vague and indecisive
terms, that they rather deserve the name of insinuations,
and we know not against what particular parts of the
system they are pointed. Others are explicit,
and if real deserve serious attention. His first
objection is “that there is no adequate provision
for representation of the people.” This
must have respect either to the number of representatives,
or to the manner in which they are chosen. The
proper number to constitute a safe representation
is a matter of judgment, in which honest and wise
men often disagree. Were it possible for all the
people to convene and give their personal assent, some
would think this the best mode of making laws, but
in the present instance it is impracticable.
In towns and smaller districts where all the people
may meet conveniently and without expense this is
doubtless preferable. The state representation
is composed of one or two from every town and district,
which composes an assembly not so large as to be unwieldy
in acting, nor so expensive as to burden the people.
But if so numerous a representation were made from
every part of the United States, with our present
population, the new Congress would consist of three
thousand men; with the population of Great Britain,
to which we may arrive in half a century, of ten thousand;
and with the population of France, which we shall
probably equal in a century and a half, of thirty thousand.
Such a body of men might be an army
to defend the country in case of foreign invasion,
but not a legislature, and the expense to support them
would equal the whole national revenue. By the
proposed constitution the new Congress will consist
of nearly one hundred men; when our population is
equal to Great Britain of three hundred men, and when
equal to France of nine hundred. Plenty of Lawgivers!
why any gentlemen should wish for more is not conceivable.
Considering the immense territory
of America, the objection with many will be on the
other side; that when the whole is populated it will
constitute a legislature unmanageable by its numbers.
Convention foreseeing this danger, have so worded
the article, that if the people should at any future
time judge necessary, they may diminish the representation.
As the state legislatures have to
regulate the internal policy of every town and neighborhood,
it is convenient enough to have one or two men, particularly
acquainted with every small district of country, its
interests, parties and passions. But the federal
legislature can take cognizance only of national questions
and interests which in their very nature are general,
and for this purpose five or ten honest and wise men
chosen from each state; men who have had previous experience
in state legislation, will be more competent than
an hundred. From an acquaintance with their own
state legislatures, they will always know the sense
of the people at large, and the expense of supporting
such a number will be as much as we ought to incur.
If the Hon. gentleman, in saying “there
is not adequate provision for the representation of
the people,” refers to the manner of choosing
them, a reply to this is naturally blended with its
second objection, that “they would have no security
for the right of election.” It is impossible
to conceive what greater security can be given, by
any form of words, than we here find.
The federal representatives are to
be chosen by the votes of the people. Every freeman
is an elector. The same qualification which enables
you to vote for state representatives, gives you a
federal voice. It is a right you cannot lose,
unless you first annihilate the state legislature,
and declare yourself incapable of electing, which
is a degree of infatuation improbable as a second
deluge to drown the world.
Your own assemblies are to regulate
the formalities of this choice, and unless they betray
you, you cannot be betrayed. But perhaps it may
be said, Congress have a power to control this formality
as to the time and places of electing, and we allow
they have: but this objection which at first
looks frightful was designed as a guard to the privileges
of the electors. Even state assemblies may have
their fits of madness and passion, this tho’
not probable is possible.
We have a recent instance in the state
of Rhode Island, where a desperate junto are governing
contrary to the sense of a great majority of the people.
It may be the case in any other state, and should it
happen, that the ignorance or rashness of the state
assemblies, in a fit of jealousy, should deny you
this sacred right, the deliberate justice of the continent
is enabled to interpose and restore you a federal voice.
This right is therefore more inviolably guarded than
it can be by the government of your state, for it
is guaranteed by the whole empire. Tho’
out of the order in which the Hon. gentleman proposes
his doubts, I wish here to notice some questions which
he makes. The proposed plan among others he tells
us involves these questions: “Whether the
several state governments, shall be so altered as
in effect to be dissolved? Whether in lieu of
the state governments the national constitution now
proposed shall be substituted?” I wish for sagacity
to see on what these questions are founded. No
alteration in the state governments is even now proposed,
but they are to remain identically the same that they
are now. Some powers are to be given into the
hands of your federal representatives, but these powers
are all in their nature general, such as must be exercised
by the whole or not at all, and such as are absolutely
necessary; or your commerce, the price of your commodities,
your riches and your safety, will be the sport of every
foreign adventurer. Why are we told of the dissolution
of our state governments, when by this plan they are
indissolubly linked? They must stand or fall,
live or die together. The national legislature
consists of two houses, a senate and house of representatives.
The senate is to be chosen by the assemblies of the
particular states; so that if the assemblies are dissolved,
the senate dissolves with them. The national
representatives are to be chosen by the same electors,
and under the same qualifications, as choose the state
representatives; so that if the state representation
be dissolved, the national representation is gone of
course.
State representation and government
is the very basis of the congressional power proposed.
This is the most valuable link in the chain of connection,
and affords double security for the rights of the people.
Your liberties are pledged to you by your own state,
and by the power of the whole empire. You have
a voice in the government of your own state, and in
the government of the whole. Were not the gentleman
on whom the remarks are made very honorable, and by
the eminence of office raised above a suspicion of
cunning, we should think he had, in this instance,
insinuated merely to alarm the fears of the people.
His other objections will be mentioned in some future
number of the:
LANDHOLDER.
The Landholder, V.
The Connecticut
Courant
, (Number 1193)
MONDAY, DECEMBER 3, 1787.
Continuation of Remarks on the
Hon. Elbridge Gerry’s Objections to the new
Constitution.
TO THE LANDHOLDERS AND FARMERS.
It is unhappy both for Mr. Gerry and
the public, that he was not more explicit in publishing
his doubts. Certainly this must have been from
inattention, and not thro’ any want of ability;
as all his honorable friends allow him to be a politician
even of metaphysical nicety.
In a question of such magnitude, every
candid man will consent to discuss objections, which
are stated with perspicuity; but to follow the honorable
writer into the field of conjecture, and combat phantoms,
uncertain whether or not they are the same which terrified
him, is a task too laborious for patience itself.
Such must be the writer’s situation in replying
to the next objection, “that some of the powers
of the legislature are ambiguous, and others indefinite
and dangerous.” There are many powers given
to the legislature; if any of them are dangerous, the
people have a right to know which they are, and how
they will operate, that we may guard against the evil.
The charge of being ambiguous and indefinite may be
brought against every human composition, and necessarily
arises from the imperfection of language. Perhaps
no two men will express the same sentiment in the
same manner, and by the same words; neither do they
connect precisely the same ideas with the same words.
From hence arises an ambiguity in all language, with
which the most perspicuous and precise writers are
in a degree chargeable. Some persons never attain
to the happy art of perspicuous expression, and it
is equally true that some persons thro’ a mental
defect of their own, will judge the most correct and
certain language of others to be indefinite and ambiguous.
As Mr. Gerry is the first and only man who has charged
the new Constitution with ambiguousness, is there
not room to suspect that his understanding is different
from other men’s, and whether it be better or
worse, the Landholder presumes not to decide.
It is an excellency of this Constitution
that it is expressed with brevity, and in the plain,
common language of mankind.
Had it swelled into the magnitude
of a volume, there would have been more room to entrap
the unwary, and the people who are to be its judges
would have had neither patience nor opportunity to
understand it. Had it been expressed in the scientific
language of law, or those terms of art which we often
find in political compositions, to the honorable gentleman
it might have appeared more definite and less ambiguous;
but to the great body of the people altogether obscure,
and to accept it they must leap into the dark.
The people to whom in this case the
great appeal is made, best understand those compositions
which are concise and in their own language. Had
the powers given to the legislature been loaded with
provisos, and such qualifications as a lawyer who
is so cunning as even to suspect himself, would probably
have intermingled; there would have been much more
of a deception in the case. It would not be difficult
to shew that every power given to the legislature
is necessary for national defence and justice, and
to protect the rights of the people who create this
authority for their own advantage; but to consider
each one particularly would exceed the limits of my
design.
I shall, therefore, select two powers
given them, which have been more abused to oppress
and enslave mankind, than all the others with which
this or any legislature on earth is cloathed the
right of taxation or of collecting money from the
people; and of raising and supporting armies.
These are the powers which enable
tyrants to scourge their subjects; and they are also
the very powers by which good rulers protect the people
against the violence of wicked and overgrown citizens,
and invasion by the rest of mankind. Judge candidly
what a wretched figure the American empire will exhibit
in the eye of other nations, without a power to array
and support a military force for its own protection.
Half a dozen regiments from Canada or New-Spain, might
lay whole provinces under contribution, while we were
disputing who has power to pay and raise an army.
This power is also necessary to restrain the violence
of seditious citizens. A concurrence of circumstances
frequently enables a few disaffected persons to make
great revolutions, unless government is vested with
the most extensive powers of self-defence. Had
Shays, the malcontent of Massachusetts, been a man
of genius, fortune and address, he might have conquered
that state, and by the aid of a little sedition in
the other states, and an army proud by victory, become
the monarch and tyrant of America. Fortunately
he was checked; but should jealousy prevent vesting
these powers in the hands of men chosen by yourselves,
and who are under every constitutional restraint,
accident or design will in all probability raise up
some future Shays to be the tyrant of your children.
A people cannot long retain their
freedom, whose government is incapable of protecting
them.
The power of collecting money from
the people, is not to be rejected because it has sometimes
been oppressive.
Public credit is as necessary for
the prosperity of a nation as private credit is for
the support and wealth of a family.
We are this day many millions poorer
than we should have been had a well arranged government
taken place at the conclusion of the war. All
have shared in this loss, but none in so great proportion
as the landholders and farmers.
The public must be served in various
departments. Who will serve them without a meet
recompense? Who will go to war and pay the charges
of his own warfare? What man will any longer
take empty promises of reward from those, who have
no constitutional power to reward or means of fulfilling
them? Promises have done their utmost, more than
they ever did in any other age or country. The
delusive bubble has broke, and in breaking has beggared
thousands, and left you an unprotected people; numerous
without force, and full of resources but unable to
command one of them. For these purposes there
must be a general treasury, with a power to replenish
it as often as necessity requires. And where
can this power be more safely vested, than in the
common legislature, men chosen by yourselves from
every part of the union, and who have the confidence
of their several states; men who must share in the
burdens they impose on others; men who by a seat in
Congress are incapable of holding any office under
the states, which might prove a temptation to spoil
the people for increasing their own income?
We find another objection to be “that
the executive is blended with and will have an undue
influence over the legislature.” On examination
you will find this objection unfounded. The supreme
executive is vested in a President of the United States;
every bill that hath passed the senate and representatives,
must be presented to the president, and if he approve
it becomes law. If he disapproves, but makes
no return within ten days, it still becomes law.
If he returns the bill with his objections, the senate
and representatives consider it a second time, and
if two-thirds of them adhere to the first resolution
it becomes law notwithstanding the president’s
dissent. We allow the president hath an influence,
tho’ strictly speaking he hath not a legislative
voice; and think such an influence must be salutary.
In the president all the executive departments meet,
and he will be a channel of communication between those
who make and those who execute the laws. Many
things look fair in theory which in practice are impossible.
If lawmakers, in every instance, before their final
decree, had the opinion of those who are to execute
them, it would prevent a thousand absurd ordinances,
which are solemnly made, only to be repealed, and
lessen the dignity of legislation in the eyes of mankind.
The vice-president is not an executive
officer while the president is in discharge of his
duty, and when he is called to preside his legislative
voice ceases. In no other instance is there even
the shadow of blending or influence between the two
departments.
We are further told “that the
judicial departments, or those courts of law, to be
instituted by Congress, will be oppressive.”
We allow it to be possible, but from whence arises
the probability of this event? State judges may
be corrupt, and juries may be prejudiced and ignorant,
but these instances are not common; and why shall
we suppose they will be more frequent under a national
appointment and influence, when the eyes of a whole
empire are watching for their detection?
Their courts are not to intermeddle
with your internal policy, and will have cognizance
only of those subjects which are placed under the control
of a national legislature. It is as necessary
there should be courts of law and executive officers,
to carry into effect the laws of the nation, as that
there be courts and officers to execute the laws made
by your state assemblies. There are many reasons
why their decisions ought not to be left to courts
instituted by particular states.
A perfect uniformity must be observed
thro’ the whole union, or jealousy and unrighteousness
will take place; and for a uniformity one judiciary
must pervade the whole. The inhabitants of one
state will not have confidence in judges appointed
by the legislature of another state, in which they
have no voice. Judges who owe their appointment
and support to one state, will be unduly influenced,
and not reverence the laws of the union. It will
at any time be in the power of the smallest state,
by interdicting their own judiciary, to defeat the
measures, defraud the revenue, and annul the most
sacred laws of the whole empire. A legislative
power, without a judicial and executive under their
own control, is in the nature of things a nullity.
Congress under the old confederation had power to
ordain and resolve, but having no judicial or executive
of their own, their most solemn resolves were totally
disregarded. The little state of Rhode Island
was purposely left by Heaven to its present madness,
for a general conviction in the other states, that
such a system as is now proposed is our only preservation
from ruin. What respect can any one think would
be paid to national laws, by judicial and executive
officers who are amenable only to the present assembly
of Rhode Island? The rebellion of Shays and the
present measures of Rhode Island ought to convince
us that a national legislature, judiciary and executive,
must be united, or the whole is but a name; and that
we must have these, or soon be hewers of wood and
drawers of water for all other people.
In all these matters and powers given
to Congress, their ordinances must be the supreme
law of the land, or they are nothing. They must
have authority to enact any laws for executing their
own powers, or those powers will be evaded by the
artful and unjust, and the dishonest trader will defraud
the public of its revenue. As we have every reason
to think this system was honestly planned, we ought
to hope it may be honestly and justly executed.
I am sensible that speculation is always liable to
error. If there be any capital defects in this
constitution, it is most probable that experience
alone will discover them. Provision is made for
an alteration if, on trial, it be found necessary.
When your children see the candor
and greatness of mind, with which you lay the foundation,
they will be inspired with equity to furnish and adorn
the superstructure.
A LANDHOLDER.
The Landholder, VI.
The Connecticut
Courant
, (Number 1194)
MONDAY, DECEMBER 10, 1787.
He that is first in his own
cause seemeth just; but his neighbor
cometh and searcheth him.
The publication of Col. Mason’s(31)
reasons for not signing the new Constitution, has
extorted some truths that would otherwise in all probability
have remained unknown to us all. His reasons,
like Mr. Gerry’s, are most of them
ex post
facto
, have been revised in New Y k
by R. H. L.(32) and by him brought into their present
artful and insidious form. The factious spirit
of R. H. L., his implacable hatred to General Washington,
his well-known intrigues against him in the late war,
his attempts to displace him and give the command
of the American army to General Lee, is so recent
in your minds it is not necessary to repeat them.
He is supposed to be the author of most of the scurrility
poured out in the New-York papers against the new
constitution.
Just at the close of the Convention,
whose proceedings in general were zealously supported
by Mr. Mason, he moved for a clause that no navigation
act should ever be passed but with the consent of two
thirds of both branches;(33) urging that a navigation
act might otherwise be passed excluding foreign bottoms
from carrying American produce to market, and throw
a monopoly of the carrying business into the hands
of the eastern states who attend to navigation, and
that such an exclusion of foreigners would raise the
freight of the produce of the southern states, and
for these reasons Mr. Mason would have it in the power
of the southern states to prevent any navigation act.
This clause, as unequal and partial in the extreme
to the southern states, was rejected; because it ought
to be left on the same footing with other national
concerns, and because no state would have a right
to complain of a navigation act which should leave
the carrying business equally open to them all.
Those who preferred cultivating their lands would
do so; those who chose to navigate and become carriers
would do that. The loss of this question determined
Mr. Mason against the signing the doings of the convention,
and is undoubtedly among his reasons as drawn for
the southern states; but for the eastern states this
reason would not do.(34) It would convince us that
Mr. Mason preferred the subjects of every foreign
power to the subjects of the United States who live
in New-England; even the British who lately ravaged
Virginia that Virginia, my countrymen, where
your relations lavished their blood where
your sons laid down their lives to secure to her and
us the freedom and independence in which we now rejoice,
and which can only be continued to us by a firm, equal
and effective union. But do not believe that
the people of Virginia are all thus selfish: No,
there is a Washington, a Blair, a Madison and a Lee,
(not R. H. L.) and I am persuaded there is a majority
of liberal, just and federal men in Virginia, who,
whatever their sentiments may be of the new constitution,
will despise the artful injustice contained in Col.
Mason’s reasons as published in the Connecticut
papers.
The President of the United States
has no council, etc.
, says Col. Mason.
His proposed council(35) would have been expensive they
must constantly attend the president, because the
president constantly acts. This council must
have been composed of great characters, who could not
be kept attending without great salaries, and if their
opinions were binding on the president his responsibility
would be destroyed if divided, prevent
vigor and dispatch if not binding, they
would be no security. The states who have had
such councils have found them useless, and complain
of them as a dead weight. In others, as in England,
the supreme executive advises when and with whom he
pleases; if any information is wanted, the heads of
the departments who are always at hand can best give
it, and from the manner of their appointment will
be trustworthy. Secrecy, vigor, dispatch and
responsibility, require that the supreme executive
should be one person, and unfettered otherwise than
by the laws he is to execute.
There is no Declaration of Rights.
Bills of Rights were introduced in England when its
kings claimed all power and jurisdiction, and were
considered by them as grants to the people. They
are insignificant since government is considered as
originating from the people, and all the power government
now has is a grant from the people. The constitution
they establish with powers limited and defined, becomes
now to the legislator and magistrate, what originally
a bill of rights was to the people. To have inserted
in this constitution a bill of rights for the states,
would suppose them to derive and hold their rights
from the federal government, when the reverse is the
case.
There is to be no ex post facto
laws.
This was moved by Mr. Gerry and supported
by Mr. Mason,(36) and is exceptional only as being
unnecessary; for it ought not to be presumed that
government will be so tyrannical, and opposed to the
sense of all modern civilians, as to pass such laws:
if they should, they would be void.
The general legislature is restrained
from prohibiting the further importation of slaves
for twenty odd years.
But every state legislature
may restrain its own subjects; but if they should not,
shall we refuse to confederate with them? their consciences
are their own, tho’ their wealth and strength
are blended with ours. Mr. Mason has himself about
three hundred slaves, and lives in Virginia, where
it is found by prudent management they can breed and
raise slaves faster than they want them for their
own use, and could supply the deficiency in Georgia
and South Carolina; and perhaps Col. Mason may
suppose it more humane to breed than import slaves those
imported having been bred and born free, may not so
tamely bear slavery as those born slaves, and from
their infancy inured to it; but his objections are
not on the side of freedom, nor in compassion to the
human race who are slaves, but that such importations
render the United States weaker, more vulnerable,
and less capable of defence. To this I readily
agree, and all good men wish the entire abolition of
slavery, as soon as it can take place with safety to
the public, and for the lasting good of the present
wretched race of slaves. The only possible step
that could be taken towards it by the convention was
to fix a period after which they should not be imported.
There is no declaration of any
kind to preserve the liberty of the press, etc.
Nor is liberty of conscience, or of matrimony, or of
burial of the dead; it is enough that congress have
no power to prohibit either, and can have no temptation.
This objection is answered in that the states have
all the power originally, and congress have only what
the states grant them.
The judiciary of the United States
is so constructed and extended as to absorb and destroy
the judiciaries of the several states; thereby rendering
law as tedious, intricate and expensive, and justice
as unattainable by a great part of the community,
as in England; and enable the rich to oppress and
ruin the poor.
It extends only to objects and
cases specified, and wherein the national peace or
rights, or the harmony of the states is concerned,
and not to controversies between citizens of the same
state (except where they claim under grants of different
states); and nothing hinders but the supreme federal
court may be held in different districts, or in all
the states, and that all the cases, except the few
in which it has original and not appellate jurisdiction,
may in the first instance be had in the state courts
and those trials be final except in cases of great
magnitude; and the trials be by jury also in most or
all the causes which were wont to be tried by them,
as congress shall provide, whose appointment is security
enough for their attention to the wishes and convenience
of the people. In chancery courts juries are never
used, nor are they proper in admiralty courts, which
proceed not by municipal laws, which they may be supposed
to understand, but by the civil law and law of nations.
Mr. Mason deems the president and
senate’s power to make treaties dangerous, because
they become laws of the land. If the president
and his proposed council had this power, or the president
alone, as in England and other nations is the case,
could the danger be less? or is the representative
branch suited to the making of treaties, which are
often intricate, and require much negotiation and
secrecy? The senate is objected to as having
too much power, and bold unfounded assertions that
they will destroy any balance in the government, and
accomplish what usurpation they please upon the rights
and liberties of the people; to which it may be answered,
they are elective and rotative, to the mass of the
people; the populace can as well balance the senatorial
branch there as in the states, and much better than
in England, where the lords are hereditary, and yet
the commons preserve their weight; but the state governments
on which the constitution is built will forever be
security enough to the people against aristocratic
usurpations
: The danger of the constitution
is not aristocracy or monarchy, but anarchy.
I intreat you, my fellow citizens,
to read and examine the new constitution with candor examine
it for yourselves: you are, most of you, as learned
as the objector, and certainly as able to judge of
its virtues or vices as he is. To make the objections
the more plausible, they are called
The objections
of the Hon. George Mason, etc.
They
may possibly be his, but be assured they were not
those made in convention, and being directly against
what he there supported in one instance ought to caution
you against giving any credit to the rest; his violent
opposition to the powers given congress to regulate
trade, was an open decided preference of all the world
to you. A man governed by such narrow views and
local prejudices, can never be trusted; and his pompous
declaration in the House of Delegates in Virginia
that no man was more federal than himself, amounts
to no more than this, “Make a federal government
that will secure Virginia all her natural advantages,
promote all her interests regardless of every disadvantage
to the other states, and I will subscribe to it.”
It may be asked how I came by my information
respecting Col. Mason’s conduct in convention,
as the doors were shut? To this I answer, no
delegate of the late convention will contradict my
assertions, as I have repeatedly heard them made by
others in presence of several of them, who could not
deny their truth. Whether the constitution in
question will be adopted by the United States in our
day is uncertain; but it is neither aristocracy or
monarchy can grow out of it, so long as the present
descent of landed estates last, and the mass of the
people have, as at present, a tolerable education;
and were it ever so perfect a scheme of freedom, when
we become ignorant, vicious, idle, and regardless of
the education of our children, our liberties will
be lost we shall be fitted for slavery,
and it will be an easy business to reduce us to obey
one or more tyrants.
A LANDHOLDER.
The Landholder, VII.
The Connecticut
Courant
, (Number 1195)
MONDAY, DECEMBER 17, 1787.
TO THE LANDHOLDERS AND FARMERS.
I have often admired the spirit of
candour, liberality, and justice, with which the Convention
began and completed the important object of their
mission. “In all our deliberation on this
subject,” say they, “we kept steadily
in our view, that which appears to us the greatest
interest of every true American, the consolidation
of our union, in which is involved our prosperity,
felicity, safety, perhaps our national existence.
This important consideration, seriously and deeply
impressed on our minds, led each state in the Convention
to be less rigid on points of inferior magnitude,
than might otherwise have been expected; and thus the
Constitution which we now present, is the result of
a spirit of amity, and of that mutual deference and
concession, which the peculiarity of our political
situation rendered indispensible.”
Let us, my fellow citizens, take up
this constitution with the same spirit of candour
and liberality; consider it in all its parts; consider
the important advantages which may be derived from
it; let us obtain full information on the subject,
and then weigh these objections in the balance of
cool impartial reason. Let us see if they be not
wholly groundless; but if upon the whole they appear
to have some weight, let us consider well, whether
they be so important, that we ought on account of them
to reject the whole constitution. Perfection
is not the lot of human institutions; that which has
the most excellencies and fewest faults, is the best
that we can expect.
Some very worthy persons, who have
not had great advantages for information, have objected
against that clause in the constitution which provides,
that no religious test shall ever be required as a
qualification to any office or public trust under
the United States.(37) They have been afraid that
this clause is unfavorable to religion. But my
countrymen, the sole purpose and effect of it is to
exclude persecution, and to secure to you the important
right of religious liberty. We are almost the
only people in the world, who have a full enjoyment
of this important right of human nature. In our
country every man has a right to worship God in that
way which is most agreeable to his conscience.
If he be a good and peaceable person he is liable
to no penalties or incapacities on account of his
religious sentiments; or in other words, he is not
subject to persecution.
But in other parts of the world, it
has been, and still is, far different. Systems
of religious error have been adopted, in times of ignorance.
It has been the interest of tyrannical kings, popes,
and prelates, to maintain these errors. When
the clouds of ignorance began to vanish, and the people
grew more enlightened, there was no other way to keep
them in error, but to prohibit their altering their
religious opinions by severe persecuting laws.
In this way persecution became general throughout
Europe. It was the universal opinion that one
religion must be established by law; and that all
who differed in their religious opinions, must suffer
the vengeance of persecution. In pursuance of
this opinion, when popery was abolished in England,
and the Church of England was established in its stead,
severe penalties were inflicted upon all who dissented
from the established church. In the time of the
civil wars, in the reign of Charles I., the presbyterians
got the upper hand, and inflicted legal penalties
upon all who differed from them in their sentiments
respecting religious doctrines and discipline.
When Charles II. was restored, the Church of England
was likewise restored, and the presbyterians and other
dissenters were laid under legal penalties and incapacities.
It was in this reign, that a religious test was established
as a qualification for office; that is, a law was
made requiring all officers civil and military (among
other things) to receive the Sacrament of the Lord’s
Supper, according to the usage of the Church of England,
written [within?] six months after their admission
to office under the penalty of 500L and disability
to hold the office. And by another statute of
the same reign, no person was capable of being elected
to any office relating to the government of any city
or corporation, unless, within a twelvemonth before,
he had received the sacrament according to the rites
of the Church of England. The pretence for making
these severe laws, by which all but churchmen were
made incapable of any office civil or military, was
to exclude the papists; but the real design was to
exclude the protestant dissenters. From this
account of test-laws, there arises an unfavorable presumption
against them. But if we consider the nature of
them and the effects which they are calculated to
produce, we shall find that they are useless, tyrannical,
and peculiarly unfit for the people of this country.
A religious test is an act to be done,
or profession to be made, relating to religion (such
as partaking of the sacrament according to certain
rites and forms, or declaring one’s belief of
certain doctrines,) for the purpose of determining
whether his religious opinions are such, that he is
admissable to a publick office. A test in favour
of any one denomination of Christians would be to
the last degree absurd in the United States. If
it were in favour of either congregationalists, presbyterians,
episcopalians, baptists, or quakers, it would incapacitate
more than three-fourths of the American citizens for
any publick office; and thus degrade them from the
rank of freemen. There need no argument to prove
that the majority of our citizens would never submit
to this indignity.
If any test-act were to be made, perhaps
the least exceptionable would be one, requiring all
persons appointed to office to declare, at the time
of their admission, their belief in the being of a
God, and in the divine authority of the scriptures.
In favour of such a test, it may be said, that one
who believes these great truths, will not be so likely
to violate his obligations to his country, as one
who disbelieves them; we may have greater confidence
in his integrity. But I answer: His making
a declaration of such a belief is no security at all.
For suppose him to be an unprincipled man, who believes
neither the word nor the being of God; and to be governed
merely by selfish motives; how easy is it for him to
dissemble! how easy is it for him to make a public
declaration of his belief in the creed which the law
prescribes; and excuse himself by calling it a mere
formality. This is the case with the test-laws
and creeds in England. The most abandoned characters
partake of the sacrament, in order to qualify themselves
for public employments. The clergy are obliged
by law to administer the ordinance unto them, and thus
prostitute the most sacred office of religion, for
it is a civil right in the party to receive the sacrament.
In that country, subscribing to the thirty-nine articles
is a test for administration into holy orders.
And it is a fact, that many of the clergy do this,
when at the same time they totally disbelieve several
of the doctrines contained in them. In short,
test-laws are utterly ineffectual: they are no
security at all; because men of loose principles will,
by an external compliance, evade them. If they
exclude any persons, it will be honest men, men of
principle, who will rather suffer an injury, than
act contrary to the dictates of their consciences.
If we mean to have those appointed to public offices,
who are sincere friends to religion, we, the people
who appoint them, must take care to choose such characters;
and not rely upon such cob-web barriers as test-laws
are.
But to come to the true principle
by which this question ought to be determined:
The business of a civil government is to protect the
citizen in his rights, to defend the community from
hostile powers, and to promote the general welfare.
Civil government has no business to meddle with the
private opinions of the people. If I demean myself
as a good citizen, I am accountable, not to man, but
to God, for the religious opinions which I embrace,
and the manner in which I worship the supreme being.
If such had been the universal sentiments of mankind,
and they had acted accordingly, persecution, the bane
of truth and nurse of error, with her bloody axe and
flaming hand, would never have turned so great a part
of the world into a field of blood.
But while I assert the rights of religious
liberty, I would not deny that the civil power has
a right, in some cases, to interfere in matters of
religion. It has a right to prohibit and punish
gross immoralities and impieties; because the open
practice of these is of evil example and detriment.
For this reason, I heartily approve of our laws against
drunkenness, profane swearing, blasphemy, and professed
atheism. But in this state, we have never thought
it expedient to adopt a test-law; and yet I sincerely
believe we have as great a proportion of religion and
morality, as they have in England, where every person
who holds a public office, must either be a saint
by law, or a hypocrite by practice. A test-law
is the parent of hypocrisy, and the offspring of error
and the spirit of persecution. Legislatures have
no right to set up an inquisition, and examine into
the private opinions of men. Test-laws are useless
and ineffectual, unjust and tyrannical; therefore the
Convention have done wisely in excluding this engine
of persecution, and providing that no religious test
shall ever be required.
A LANDHOLDER.
The Landholder, VIII.
The Connecticut
Courant
, (Number 1196)
MONDAY, DECEMBER 24, 1787.
TO THE HON. ELBRIDGE GERRY, ESQUIRE.
Sir
,
When a man in public life first deviates
from the line of truth and rectitude, an uncommon
degree of art and attention becomes necessary to secure
him from detection. Duplicity of conduct in him
requires more than double caution, a caution which
his former habits of simplicity have never furnished
him the means of calculating; and his first leap into
the region of treachery and falsehood is often as
fatal to himself as it was designed to be to his country.
Whether you and Mr. Mason may be ranked in this class
of transgressors I pretend not to determine. Certain
it is, that both your management and his for a short
time before and after the rising of the federal convention
impress us with a favorable opinion, that you are
great novices in the arts of dissimulation. A
small degree of forethought would have taught you
both a much more successful method of directing the
rage of resentment which you caught at the close of
the business at Philadelphia, than the one you took.
You ought to have considered that you reside in regions
very distant from each other, where different parts
were to be acted, and then made your cast accordingly.
Mr. Mason was certainly wrong in telling
the world that he acted a double part he
ought not to have published two setts of reasons for
his dissent to the constitution. His New England
reasons would have come better from you. He ought
to have contented himself with haranguing in the southern
states, that it was too popular, and was calculated
too much for the advantage of the eastern states.
At the same time you might have come on, and in the
Coffee-House at New York you might have found an excellent
sett of objections ready made to your hand, a sett
that with very little alteration would have exactly
suited the latitude of New England, the whole of which
district ought most clearly to have been submitted
to your protection and patronage. A Lamb, a Willet,
a Smith, a Clinton, a Yates,(38) or any other gentleman
whose salary is paid by the state impost, as they
had six months the start of you in considering the
subject, would have furnished you with a good discourse
upon the “liberty of the press,” the “bill
of rights,” the “blending of the executive
and legislative,” “internal taxation,”
or any other topic which you did not happen to think
of while in convention.
It is evident that this mode of proceeding
would have been well calculated for the security of
Mr. Mason; he there might have vented his antient
enmity against the independence of America, and his
sore mortification for the loss of his favorite motion
respecting the navigation act, and all under the mask
of sentiments, which with a proper caution in expressing
them, might have gained many adherents in his own state.
But, although Mr. Mason’s conduct might have
been easily guarded in this particular, your character
would not have been entirely safe even with the precaution
above mentioned. Your policy, Sir, ought to have
led you one step farther back. You have been
so precipitate and unwary in your proceedings, that
it will be impossible to set you right, even in idea,
without recurring to previous transactions and recalling
to your view the whole history of your conduct in
the convention, as well as the subsequent display of
patriotism contained in your publication. I undertake
this business, not that I think it possible to help
you out of your present embarrassments; but, as those
transactions have evidently slipt your memory, the
recollection of the blunder into which your inexperience
has betrayed you, may be of eminent service in forming
future schemes of popularity, should the public ever
give you another opportunity to traduce and deceive
them.
You will doubtless recollect the following
state of facts if you do not, every member
of the convention will attest them that
almost the whole time during the setting of the convention,
and until the constitution had received its present
form, no man was more plausible and conciliating upon
every subject than Mr. Gerry he was willing
to sacrifice every private feeling and opinion to
concede every state interest that should be in the
least incompatible with the most substantial and permanent
system of general government that mutual
concession and unanimity were the whole burden of
his song; and although he originated no idea himself,
yet there was nothing in the system as it now stands
to which he had the least objection indeed,
Mr. Gerry’s conduct was agreeably surprising
to all his acquaintance, and very unlike that turbulent
obstinacy of spirit which they had formerly affixed
to his character. Thus stood Mr. Gerry, till
toward the close of the business, he introduced a motion
respecting the redemption of the old Continental Money that
it should be placed upon a footing with other liquidated
securities of the United States.(39) As Mr. Gerry
was supposed to be possessed of large quantities of
this species of paper, his motion appeared to be founded
in such barefaced selfishness and injustice, that
it at once accounted for all his former plausibility
and concession, while the rejection of it by the convention
inspired its author with the utmost rage and intemperate
opposition to the whole system he had formerly praised.
His resentment could no more than embarrass and delay
the completion of the business for a few days; when
he refused signing the constitution and was called
upon for his reasons. These reasons were committed
to writing by one of his colleagues and likewise by
the Secretary, as Mr. Gerry delivered them.(40) These
reasons were totally different from those which he
has published, neither was a single objection which
is contained in his letter to the legislature of Massachusetts
ever offered by him in convention.
Now, Mr. Gerry, as this is generally
known to be the state of facts, and as neither the
reasons which you publish nor those retained on the
Secretary’s files can be supposed to have the
least affinity to truth, or to contain the real motives
which induced you to withhold your name from the constitution,
it appears to me that your plan was not judiciously
contrived. When we act without principle, we ought
to be prepared against embarrassments. You might
have expected some difficulties in realizing your
continental money; indeed the chance was rather against
your motion, even in the most artful shape in which
it could have been proposed. An experienced hand
would therefore have laid the whole plan beforehand,
and have guarded against a disappointment. You
should have begun the business with doubts, and expressed
your sentiments with great ambiguity upon every subject
as it passed. This method would have secured you
many advantages. Your doubts and ambiguities,
if artfully managed, might have passed, like those
of the Delphic Oracle, for wisdom and deliberation;
and at the close of the business you might have acted
either for or against the constitution, according
to the success of your motion, without appearing dishonest
or inconsistent with yourself. One farther precaution
would have brought you off clear.
Instead of waiting till the convention
rose, before you consulted your friends at New York,
you ought to have applied to them at an earlier period,
to know what objections you should make. They
could have instructed you as well in August as October.
With these advantages you might have
past for a complete politician, and your duplicity
might never have been detected.
The enemies of America have always
been extremely unfortunate in concerting their measures.
They have generally betrayed great ignorance of the
true spirit and feeling of the country, and they have
failed to act in concert with each other. This
is uniformly conspicuous, from the first Bute Parliament
in London to the last Shays Parliament at Pelham.
The conduct of the enemies of the
new constitution compares with that of the other enemies
above mentioned only in two particulars, its object
and its tendency.
Its object was self interest built
on the ruins of the country, and its tendency is the
disgrace of its authors and the final prosperity of
the same country they meant to depress. Whether
the constitution will be adopted at the first trial
in the conventions of nine states is at present doubtful.
It is certain, however, that its enemies have great
difficulties to encounter arising from their disunion:
in the different states where the opposition rages
the most, their principles are totally opposite to
each other, and their objections discordant and irreconcilable,
so that no regular system can be formed among you,
and you will betray each other’s motives.
In Massachusetts the opposition began
with you, and from motives most pitifully selfish
and despicable, you addressed yourself to the feelings
of the Shays faction, and that faction will be your
only support. In New York the opposition is not
to this constitution in particular, but to the federal
impost, it is confined wholly to salary-men and their
connections, men whose salary is paid by the state
impost. This class of citizens are endeavoring
to convince the ignorant part of the community that
an annual income of fifty thousand pounds, extorted
from the citizens of Massachusetts, Connecticut and
New Jersey, is a great blessing to the state of New
York. And although the regulation of trade and
other advantages of a federal government would secure
more than five times that sum to the people of that
state, yet, as this would not come through the same
hands, these men find fault with the constitution.
In Pennsylvania the old quarrel respecting their state
constitution has thrown the state into parties for
a number of years. One of these parties happened
to declare for the new federal constitution, and this
was a sufficient motive for the other to oppose it;
the dispute there is not upon the merits of the subject,
but it is their old warfare carried on with different
weapons, and it was an even chance that the parties
had taken different sides from what they have taken,
for there is no doubt but either party would sacrifice
the whole country to the destruction of their enemies.
In Virginia the opposition wholly originated in two
principles; the madness of Mason, and the enemity
of the Lee faction to General Washington. Had
the General not attended the convention nor given his
sentiments respecting the constitution, the Lee party
would undoubtedly have supported it, and Col.
Mason would have vented his rage to his own negroes
and to the winds. In Connecticut, our wrongheads
are few in number and feeble in their influence.
The opposition here is not one-half so great to the
federal government as it was three years ago to the
federal impost, and the faction, such as it is, is
from the same blindfold party.
I thought it my duty to give you these
articles of information, for the reasons above mentioned.
Wishing you more caution and better success in your
future manoeuvers, I have the honor to be, Sir, with
great respect, your very humble servant.
A LANDHOLDER.
The Landholder, IX.
The Connecticut
Courant
, (Number 1197)
MONDAY, DECEMBER 31, 1787.
TO THE HON. GENTLEMEN CHOSEN TO SERVE IN THE STATE CONVENTION.
Gentlemen
,
When the deputies of a free people
are met to deliberate on a constitution for their
country; they must find themselves in a solemn situation.
Few persons realize the greatness of this business,
and none can certainly determine how it will terminate.
A love of liberty in which we have all been educated,
and which your country expects on you to preserve sacred,
will doubtless make you careful not to lay such foundations
as will terminate in despotism. Oppression and
a loss of liberty arise from very different causes,
and which at first blush appear totally different from
another.
If you had only to guard against vesting
an undue power in certain great officers of state
your work would be comparatively easy. This some
times occasions a loss of liberty, but the history
of nations teacheth us that for one instance from
this cause, there are ten from the contrary, a want
of necessary power in some public department to protect
and to preserve the true interests of the people.
America is at this moment in ten-fold greater danger
of slavery than ever she was from the councils of a
British monarchy, or the triumph of British arms.
She is in danger from herself and her own citizens,
not from giving too much, but from denying all power
to her rulers not from a constitution on
despotic principles, but from having no constitution
at all. Should this great effort to organize the
empire prove abortive, heaven only knows the situation
in which we shall find ourselves; but there is reason
to fear it will be troublesome enough. It is
awful to meet the passions of a people who not only
believe but feel themselves uncontrouled who
not finding from government the expected protection
of their interests, tho’ otherwise honest, become
desperate, each man determining to share by the spoils
of anarchy, what he would wish to acquire by industry
under an efficient national protection. It becomes
the deputies of the people to consider what will be
the consequence of a miscarriage in this business.
Ardent expectation is waiting for its issue all
allow something is necessary thousands of
sufferers have stifled their rights in reverence to
the public effort the industrious classes
of men are waiting with patience for better times,
and should that be rejected on which they make
dépendance
,
will not the public convulsion be great? Or if
the civil state should survive the first effects of
disappointment, what will be the consequences of slower
operations? The men who have done their best
to give relief, will despair of success, and gloomily
determine that greater sufferings must open the eyes
of the deluded the men who oppose, tho’
they may claim a temporary triumph, will find themselves
totally unable to propose, and much less to adopt a
better system; the narrowness of policy that they
have pursued will instantly appear more ridiculous
than at present, and the triumph will spoil that importance,
which nature designed them to receive not by succeeding,
but by impeding national councils. These men
cannot, therefore, be the saviours of their country.
While those who have been foremost in the political
contention disappear either thro’ despondence
or neglect, every man will do what is right in his
own eyes and his hand will be against his neighbor industry
will cease the states will be filled with
jealousy some opposing and others endeavoring
to retaliate a thousand existing factions,
and acts of public injustice, thro’ the temporary
influence of parties, will prepare the way for chance
to erect a government, which might now be established
by deliberate wisdom. When government thus arises,
it carries an iron hand.
Should the states reject a union upon
solid and efficient principles, there needs but some
daring genius to step forth, and impose an authority
which future deliberation never can correct. Anarchy,
or a want of such government as can protect the interests
of the subjects against foreign and domestic injustice,
is the worst of all conditions. It is a condition
which mankind will not long endure. To avoid its
distress they will resort to any standard which is
erected, and bless the ambitious usurper as a messenger
sent by heaven to save a miserable people. We
must not depend too much on the enlightened state
of the country; in deliberation this may preserve
us, but when deliberation proves abortive, we are immediately
to calculate on other principles, and enquire to what
may the passions of men lead them, when they have
deliberated to the utmost extent of patience, and
been foiled in every measure, by a set of men who think
their emoluments more safe upon a partial system,
than upon one which regards the national good.
Politics ought to be free from passion we
ought to have patience for a certain time with those
who oppose a federal system. But have they not
been indulged until the state is on the brink of ruin,
and they appear stubborn in error? Have they
not been our scourge and the perplexers of our councils
for many years? Is it not thro’ their policy
that the state of New York draws an annual tribute
of forty thousand pounds from the citizens of Connecticut?
Is it not by their means that our foreign trade is
ruined, and the farmer unable to command a just price
for his commodities? The enlightened part of
the people have long seen their measures to be destructive,
and it is only the ignorant and jealous who give them
support. The men who oppose this constitution
are the same who have been unfederal from the beginning.
They were as unfriendly to the old confederation as
to the system now proposed, but bore it with more
patience because it was wholly inefficacious.
They talk of amendments of dangerous articles
which must be corrected that they will heartily
join in a safe plan of federal government; but when
we look on their past conduct can we think them sincere?
Doubtless their design is to procrastinate, and by
this carry their own measures; but the artifice must
not succeed. The people are now ripe for a government
which will do justice to their interests, and if the
honourable convention deny them, they will despair
of help. They have shewn a noble spirit in appointing
their first citizens for this business when
convened you will constitute the most august assembly
that were ever collected in the State, and your duty
is the greatest that can be expected from men, the
salvation of your country. If coolness and magnanimity
of mind attend your deliberations, all little objections
will vanish, and the world will be more astonished
by your political wisdom than they were by the victory
of your arms.
A LANDHOLDER.
The Landholder, X.
The Maryland Journal, (Number 1016)
FRIDAY, FEBRUARY 29, 1788.
For the Maryland Journal,
etc
.
TO THE HONOURABLE LUTHER MARTIN, ESQ.
Sir
,
I have just met with your performance
in favour of the Honourable Mr. Gerry, published in
the Maryland Journal of the 18th January, 1788.
As the Public may be ignorant of the Sacrifice you
have made of your resentments on this occasion, you
will excuse me for communicating what your extreme
modesty must have induced you to conceal. You,
no doubt, remember that you and Mr. Gerry never voted
alike in Convention, except in the instances I shall
hereafter enumerate. He uniformly opposed your
principles, and so far did you carry your abhorrence
of his politics, as to inform certain members to be
on their guard against his wiles, so that, he and Mr.
Mason held private meetings, where plans were concerted
“to aggrandise, at the expence of the small
States, Old Massachusetts and the Ancient Dominion.”
After having thus opposed him and accused him, to appear
his Champion and intimate acquaintance, has placed
you beyond the reach of ordinary panegyric. Having
done this justice to your magnanimity, I cannot resist
drawing the veil of the Convention a little farther
aside; not, I assure you, with any intention to give
pain to your Constituents, but merely to induce them
to pity you for the many piercing mortifications you
met with in the discharge of your duty. The day
you took your seat(43) must be long remembered by
those who were present; nor will it be possible for
you to forget the astonishment your behaviour almost
instantaneously produced. You had scarcely time
to read the propositions which had been agreed to
after the fullest investigation, when, without requesting
information, or to be let into the reasons of the
adoption of what you might not approve, you opened
against them in a speech which held during two days,
and which might have continued two months, but for
those marks of fatigue and disgust you saw strongly
expressed on whichever side of the house you turned
your mortified eyes. There needed no other display
to fix your character and the rank of your abilities,
which the Convention would have confirmed by the most
distinguished silence, had not a certain similarity
in genius provoked a sarcastic reply from the pleasant
Mr. Gerry; in which he admired the strength of your
lungs and your profound knowledge in the first principles
of government; mixing and illustrating his little remarks
with a profusion of those hems, that never fail to
lengthen out and enliven his oratory. This reply
(from your intimate acquaintance), the match being
so equal and the contrast so comic, had the happy effect
to put the house in good humor, and leave you a prey
to the most humiliating reflections. But this
did not teach you to bound your future speeches by
the lines of moderation; for the very next day you
exhibited without a blush another specimen of eternal
volubility. It was not, however, to the duration
of your speeches you owed the perfection of your reputation.
You, alone, advocated the political heresy, that the
people ought not to be trusted with the election of
representatives.(44) You held the jargon, that notwithstanding
each state had an equal number of votes in the Senate;
yet the states were unequally represented in the Senate.
You espoused the tyrannic principle, that where a
State refused to comply with a requisition of Congress
for money, that an army should be marched into its
bowels, to fall indiscriminately upon the property
of the innocent and the guilty, instead of having
it collected as the Constitution proposed, by the
mild and equal operation of laws. One hour you
sported the opinion that Congress, afraid of the militia
resisting their measures, would neither arm nor organize
them, and the next, as if men required no time to
breathe between such contradictions, that they would
harass them by long and unnecessary marches, till
they wore down their spirit and rendered them fit
subjects for despotism. You, too, contended that
the powers and authorities of the new Constitution
must destroy the liberties of the people; but that
the same powers and authorities might be safely trusted
with the Old Congress. You cannot have forgotten,
that by such ignorance in politics and contradictory
opinions, you exhausted the politeness of the Convention,
which at length prepared to slumber when you rose to
speak; nor can you have forgotten, you were only twice
appointed a member of a Committee, or that these appointments
were made merely to avoid your endless garrulity,
and if possible, lead you to reason, by the easy road
of familiar conversation. But lest you should
say that I am a record only of the bad, I shall faithfully
recognize whatever occurred to your advantage.
You originated that clause in the Constitution which
enacts, that “This Constitution and the laws
of the United States Which shall be made in pursuance
thereof, and all treaties made or which shall be made,
under the authority of the United States, shall be
the supreme law of the land, and the judges in every
State shall be bound thereby, anything in the Constitution
or the law of any State to the contrary notwithstanding.”
You voted that an appeal should lay to the Supreme
Judiciary of the United States, for the correction
of all errors, both in law and fact. You also
agreed to the clause that declares nine States to be
sufficient to put the government in motion.(45) These
are among the greater positive virtues you exhibited
in the Convention; but it would be doing you injustice
were I to omit those of a negative nature. Since
the publication of the Constitution, every topic of
vulgar declamation has been employed to persuade the
people, that it will destroy the trial by jury, and
is defective for being without a bill of rights.
You, sir, had more candour in the Convention than
we can allow to those declaimers out of it; there
you never signified by any motion or expression whatever,
that it stood in need of a bill of rights, or in any
wise endangered the trial by jury. In these respects
the Constitution met your entire approbation; for had
you believed it defective in these essentials, you
ought to have mentioned it in Convention, or had you
thought it wanted further guards, it was your indispensable
duty to have proposed them. I hope to hear that
the same candour that influenced you on this occasion,
has induced you to obviate any improper impressions
such publications may have excited in your constituents,
when you had the honor to appear before the General
Assembly.(46) From such high instances of your approbation
(for every member, like you, had made objections to
parts of the Constitution) the Convention were led
to conclude that you would have honored it with your
signature, had you not been called to Maryland upon
some indispensable business; nor ought it to be withheld
from you, that your colleagues informed many Gentlemen
of the House, that you told them you intended to return
before its completion. Durst I proceed beyond
these facts, to which the whole Convention can witness,
I would ask you why you changed your opinion of the
Constitution after leaving Philadelphia. I have
it from good authority that you complained to an intimate
acquaintance, that nothing grieved you so much as
the apprehension of being detained in Maryland longer
than you could wish; for that you had rather lose one
hundred guineas, than not have your name appear to
the Constitution. But as this circumstance seems
to have been overlooked when you composed your defence
of Mr. Gerry, you may have your recollection of it
revived by applying to Mr. Young, of Spruce street,
Philadelphia, to whom you made your complaint.
But leaving this curious piece of human vanity to such
further investigation as you may think it deserves,
let us come to those matters more particularly between
us. You have said, that you never heard Mr. Gerry,
or any other member, introduce a proposition for the
redemption of Continental money according to its nominal
or any other value; nor did you ever hear that such
a proposition had been offered to the Convention,
or had been thought of. That the Public may clearly
comprehend what degree of credit ought to be given
to this kind of evidence, they should know the time
you were absent from the Convention, as well as the
time you attended. If it should appear that you
were only a few days absent, when unimportant business
was the object, they will conclude in your favour,
provided they entertain a good opinion of your veracity;
on the other hand, should it appear that you were
absent nearly half the session, however your veracity
may be esteemed, they must reject your evidence.
As you have not stated this necessary information,
I shall do it for you. The Session of Convention
commenced the 14th of May, and ended the 17th of September,
which makes 126 days. You took your seat the 10th
of June,(47) and left it the 4th of September, of
which period you were absent at Baltimore ten days,
and as many at New York, so that you attended only
66 days out of 126. Now, sir, is it to be presumed
that you could have been minutely informed of all
that happened in Convention, and committees of Convention,
during the 60 days of your absence? or does it follow
by any rule of reasoning or logic, that because a
thing did not happen in the 66 days you were present,
that it did not happen in the 60 days which you did
not attend? Is it anywise likely that you could
have heard what passed, especially during the last
13 days, within which period the Landholder has fixed
the apostacy of Mr. Gerry? or if it is likely that
your particular intimacy with Mr. Gerry would stimulate
to inquiries respecting his conduct, why is it that
we do not see Mr. McHenry’s verification of your
assertion, who was of the Committee for considering
a proposition for the debts of the union? Your
reply to my second charge against this gentleman may
be soon dismissed. Compare his letter to the Legislature
of his State with your defence, and you will find
that you have put into his mouth objections different
from anything it contains, so that if your representation
be true, his must be false. But there is another
circumstance which militates against your new friend.
Though he was face to face with his colleagues at
the State Convention of Massachusetts,(48) he has
not ventured to call upon them to clear him either
of this charge, or that respecting the Continental
money. But as the Public seemed to require that
something should be said on this occasion, an anonymous
writer denies that he made such a motion, and endeavours
to abate the force of my second allegation, merely
by supposing that “his colleagues were men of
too much honor to assert that his reasons in Convention
were totally different from those which he has published.”
But alas, his colleagues would not
acquit him in this way, and he was of too proud a
spirit to ask them to do it in person.(49) Hence the
charge remains on its original grounds, while you,
for want of proper concert, have joined his accusers
and reduced him to the humiliating necessity of endeavouring
to stifle your justification. These points being
dismissed, it remains only to reconcile the contradictory
parts you have acted on the great political stage.
You entered the convention without a sufficient knowledge
in the science of government, where you committed a
succession of memorable blunders, as the work advanced.
Some rays of light penetrated your understanding,
and enabled you (as has been shown) to assist in raising
some of its pillars, when the desire of having your
name enrolled with the other laborers drew from you
that remarkable complaint so expressive of vanity
and conviction. But self-interest soon gained
the ascendant, you quickly comprehended the delicacy
of your situation, and this restored your first impressions
in all their original force. You thought the
Deputy Attorney General of the United States for the
state of Maryland, destined for a different character,
and that inspired you with the hope that you might
derive from a desperate opposition what you saw no
prospect of gaining by a contrary conduct. But
I will venture to predict, that though you were to
double your efforts, you would fail in your object.
I leave you now to your own reflections, under a promise,
however, to give my name to the public, should you
be able to procure any indifferent testimony to contradict
a single fact I have stated.
February, 1788.
A LANDHOLDER.
The Landholder, X.
[This number duplicates the preceding
one, for an explanation of which see the foot-note
to the first Number X.
Ed.
]
The Connecticut
Courant
, (Number 1206)
MONDAY, MARCH 3, 1788.
TO THE CITIZENS OF NEW HAMPSHIRE.
The opposition in your state to the
new federal constitution, is an event surprising to
your New England brethren, yet we are not disposed
to criminate a people, which made such gallant efforts
in the establishment of the American Empire.
It is the prerogative of freemen to determine their
own form of government, and if this constitution is
not addressed to your interest, if it is not calculated
to preserve your freedom and make you glorious, we
wish you not to accept it. We have fought by your
side, we have long been connected in interest, and
with many of you by consanguinity, and wish that you
may share with us in all the benefits of a great and
free empire. Brethren who differ in their opinions
how a common interest may be best governed, ought
to deliberate with coolness, and not wantonly accuse
each other, either of folly or design. Massachusetts
and Connecticut have decidedly judged the new government
well calculated not only for the whole but for the
northern states. Either you or these states have
judged wrong. Your interests are similar to theirs,
and cannot be separated from them without counteracting
nature.
If there be any one state more interested
than the others in the adoption of this system, it
is New Hampshire. Your local situation, which
can never be altered, is a solemn argument in its
favor. Tho’ separated from the government
of Britain at no less price than the blood of your
bravest sons, you border on her dominions. She
is your enemy, and wishes nothing more than your submission
to her laws, and to the will of her proud servants.
Her force may easily be pointed thro’
your whole territory and a few regiments would effectually
banish resistance. New Hampshire, tho’ growing
in population, and amongst the first states in personal
bravery, cannot yet stand alone. Should a disunion
of the states tempt Britain to make another effort
for recovering her former greatness, you will be the
first to fall under her sway. In such case you
will have nothing to expect from the other states.
Dispirited with a fruitless attempt to unite in some
plan of general government and protection, they will
say, let the dissenting states abide the consequence
of their own false opinions. Though such a reply
might not be wise, it would be exactly comfortable
to what we have ever found in human nature; and nature
will have its course, let policy be what it may.
You are the northern barrier of the United States,
and by your situation, must first meet any hostile
animosity from that quarter designed against any part
of them. It is certainly for the interest of
a barrier country, to have a general government on
such efficient principles, as can point the force
of the whole for its relief when attacked. The
old constitution could not do this; that now under
consideration, if accepted, we trust will produce a
circulation of riches and the powers of protection
to the most extreme parts of the body. On these
principles it has generally been said that New Hampshire
and Georgia would be amongst the first in adopting.
Georgia has done it, not, perhaps, because they were
more wise than New Hampshire, but being pressed with
a dangerous war in the very moment of decision, they
felt its necessity; and feeling is an argument none
can resist. Trust not to any complaisance of
those British provinces on your northern borders, or
those artful men who govern them, who were selected
on purpose to beguile your politicks, and divide and
weaken the union. When the hour for a permanent
connection between the states is past, the teeth of
the lion will be again made bare, and you must be
either devoured, or become its jackal to hunt for prey
in the other states.
We believe those among you who are
opposed to the system, as honest and brave as any
part of the community, and cannot suspect them of any
design against American Independence; but such persons
ought to consider what will be the probable consequence
of their dissent; and whether this is not the only
hour in which this community can be saved from a condition,
which is, on all hands, allowed to be dangerous and
unhappy. There are certain critical periods in
which nations, as well as individuals, who have fallen
into perplexity, by a wise exertion may save themselves
and be glorious. Such is the present era in American
policy, but if we do not see the hour of our salvation,
there is no reason to expect that heaven will repeat
it. The unexpected harmony of the federal Convention their
mutual condescension in the reconcilement of jarring
interests and opposing claims between the several
States the formation of a system so efficient
in appearance, at the same time so well guarded against
an oppression of the subject the concurring
sentiments of a vast majority thro’ the United
States, of those persons who have been most experienced
in policy, and most eminent in wisdom and virtue;
are events which must be attributed to the special
influence of heaven.
To be jealous of our liberties is
lawful, but jealously in excess is a deliriam [sic]
of the imagination, by no means favourable to liberty.
If you would be free and happy a power must be created
to protect your persons and properties; otherwise
you are slaves to all mankind. Your British neighbors
have long known these truths, and will not fail by
their emissaries to
seminate
such jealousies
as favor their own designs.
To prophesy evil is ungrateful business;
but forgive me when I predict, that the adoption of
this Constitution is the only probable means of saving
the greatest part of your State from becoming an appendage
of Canada or Nova Scotia. In some future paper
I shall assign other reasons why New Hampshire, more
than any other State, is interested in this event.
A LANDHOLDER.
The Landholder, XI.
The Connecticut
Courant
, (Number 1207)
MONDAY, MARCH 10, 1788.
TO THE CITIZENS OF NEW HAMPSHIRE.
Those who wish to enjoy the blessings
of society must be willing to suffer some restraint
of personal liberty, and devote some part of their
property to the public that the remainder may be secured
and protected. The cheapest form of government
is not always best, for parsimony, though it spends
little, generally gains nothing. Neither is that
the best government which imposes the least restraint
on its subjects; for the benefit of having others
restrained may be greater than the disadvantage of
being restrained ourselves. That is the best form
of government which returns the greatest number of
advantages in proportion to the disadvantages with
which it is attended.
Measured by this rule, the state of
New Hampshire cannot expect a Constitution preferable
to that now proposed for the union. In point of
defence it gives you the whole force of the empire,
so arranged as to act speedily and in concert, which
is an article of greatest importance to the frontier
states. With the present generation of men, national
interest is the measure by which war or peace are
determined; and when we see the British nation, by
a late treaty, paying an enormous annual subsidy to
the little principality of Hesse-Cassel for the purpose
of retaining her in military alliance, it should teach
us the necessity of those parts in the Constitution
which enable the efficient force of the whole to be
opposed to an invasion of any part.
A national revenue and the manner
of collecting it is another very interesting matter,
and here the citizens of New Hampshire have better
terms offered them, than their local situation can
ever enable them to demand or enforce. Impost
and duties on trade, which must be collected in the
great importing towns, are the means by which an American
revenue will be principally, and perhaps wholly raised.
But a point of your state comes near the sea, and
that point so situated that it never can collect commerce,
and become an emporium for the whole state. Nineteen
parts in twenty of New Hampshire are greatly inland,
so that local situation necessitates you to be an
agricultural people; and this is not a hard necessity,
if you now form such a political connection with other
states, as will entitle you to a just share in that
revenue they raise on commerce. New York, the
trading towns on Connecticut River, and Boston, are
the sources from which a great part of your foreign
supplies will be obtained, and where your produce
will be exposed for market.
In all these places an impost is collected,
of which, as consumers, you pay a share without deriving
any public benefit. You cannot expect any alteration
in the private systems of these states, unless effected
by the proposed governments, neither to remedy the
evil can you command trade from the natural channels,
but must sit down contented under the burden, if the
present hour of deliverance be not accepted. This
argument alone, if there were no other, ought to decide
you in favour of adoption.
It has been said that you object to
the number of inhabitants being a ratio to determine
your proportion of the national expence that
your lands are poor, but the climate favourable to
population, which will draw a share of expence beyond
your ability to pay. I do not think this objection
well founded. Long experience hath taught that
the number of industrious inhabitants in any climate
is not only the strength, but the wealth of a state,
and very justly measures their ability of defraying
public expences, without encroaching on the necessary
support of life.
If a great proportion of your lands
are barren, you ought likewise to remember another
rule of nature; that the population and fertility in
many tracts of country will be proportioned to each
other. Accidental causes for a short time may
interrupt the rule, but they cannot be of dangerous
continuance. Force may controul a despotic government,
and commerce may interrupt it in an advantageous situation
for trade; but from the first of these causes you
have no reason to fear, and the last, should it happen,
will increase wealth with numbers.
The fishery is a source of wealth
and an object of immense consequence to all the eastern
coasts. The jealousy of European nations ought
to teach us its value. So far as you become a
navigating people, the fishery should be an object
of your first attention. It cannot flourish until
patronized and protected by the general government.
All the interests of navigation and commerce must
be protected by the union or come to ruin, and in our
present system where is the power to do it?
When Americans are debarred the fishery,
as will soon be the case unless a remedy is provided,
all the eastern shores will become miserably poor.
Your forests embosom an immense quantity
of timber for ship-building and the lumber trade,
but of how little value at present you cannot be ignorant,
and the value cannot increase until American navigation
and commerce are placed on a respectable footing,
which no single state can do for itself. The
embarrassments of trade lower the price of your produce,
which with the distance of transportation almost absorbs
the value; and when by a long journey we have arrived
at the place of market, even the finest of your grain
will not command cash, at that season of the year
most convenient for you to transport. Hence arises
that scarcity of specie of which you complain.
Your interest is intimately connected with that of
the most commercial states, and you cannot separate
it. When trade is embarrassed the merchant is
the first to complain, but the farmer in event bears
more than his share of the loss.
Let the citizens of New Hampshire
candidly consider these facts, and they must be convinced
that no other state is so much interested in adopting
that system of government now under consideration.
A LANDHOLDER.
The Landholder presents his most respectful
compliments to Hon W. Williams,(51) and begs leave
to remind him that many dispensations in this world,
which have the appearance of judgment, are designed
in goodness. Such was the short address to you,
and though at first it might excite an exquisite sensibility
of injury, will in its consequence prove to your advantage,
by giving you an honorable opportunity to come out
and declare your sentiments to the people. It
had been represented in several parts of the state,
to the great surprise of your friends, that you wished
some religious test as an introduction to office,
but as you have explained the matter, it is only a
religious preamble which you wish against
preambles we have no animosity. Every man hath
a sovereign right to use words in his own sense, and
when he hath explained himself, it ought to be believed
that he uses them conscientiously. The Landholder,
for the sake of his honourable friend, regrets that
he denies his having used his name publicly as a writer,
for, though the honourable gentleman doubtless asserts
the truth, there are a great number of those odd people
who really think they were present on that occasion,
and have such a strong habit of believing their senses,
that they will not be convinced even by evidence which
is superior to all sense. But it must be so in
this imperfect world.
P. S. The Landholder begs his honourable
friend not to be surprised at his former address,
as he can assure him most seriously, that he does not
even conjecture by whom it was written.
The Landholder, XII.
The Connecticut
Courant
, (Number 1208)
MONDAY, MARCH 17, 1788.
TO THE RHODE ISLAND FRIENDS OF PAPER MONEY, TENDER
ACTS AND
ANTI-FEDERALISM.
The singular system of policy adopted
by your state, no longer excites either the surprise
or indignation of mankind. There are certain extremes
of iniquity, which are beheld with patience, from a
fixed conviction that the transgressor is inveterate,
and that his example from its great injustice hath
no longer a seducing influence. Milton’s
lapse of the angels and their expulsion from Heaven,
produces deeper regret in a benevolent mind than all
the evil tricks they have played or torments they
have suffered since the bottomless pit became their
proper home. Something similar to this is excited
in beholding the progress of human depravity.
Our minds cannot bear to be always pained; the Creator
hath, therefore wisely provided that our tender sentiments
should subside, in those desperate cases where there
is no longer a probability that any effort to which
we may be excited, will have a power to reclaim.
But though our benevolence is no longer distressed
with the injustice of your measures, as philosophers
above the feelings of passion, we can speculate on
them to our advantage. The sentiment thrown out
by some of our adventurous divines, that the permission
of sin is the highest display of supreme wisdom, and
the greatest blessing to the universe, is most successfully
illustrated by the effects of your general policy.
In point of magnitude, your little
state bears much the same proportion to the united
American empire, as the little world doth to the immense
intelligent universe; and if the apostacy of man hath
conveyed such solemn warning and instruction to the
whole, as your councils have to every part of the
union, no one will doubt the usefulness of Adam’s
fall. At the commencement of peace, America was
placed in a singular situation. Fear of a common
danger could no longer bind us together; patriotism
had done its best and was wearied with exertion rewarded
only by ingratitude our federal system
was inadequate for national government and justice,
and from inexperience the great body of the people
were ignorant what consequences should flow from the
want of them. Experiments in public credit, though
ruinous to thousands, and a disregard to the promises
of government had been pardoned in the moment of extreme
necessity, and many honest men did not realize that
a repetition of them in an hour less critical would
shake the existence of society. Men full of evil
and desperate fortune were ready to propose every
method of public fraud that can be effected by a violation
of public faith and depreciating promises. This
poison of the community was their only preservation
from deferred poverty, and from prisons appointed
to be the reward of indolence and knavery. An
easement of the poor and necessitous was plead as a
reason for measures which have reduced them to more
extreme necessity. Most of the states have had
their prejudices against an efficient and just government,
and have made their experiments in a false policy;
but it was done with a timorous mind, and seeing the
evil they have receded. A sense of subordination
and moral right was their check. Most of the people
were convinced, and but few remained who wished to
establish iniquity by law. To silence such opposition
as might be made to the new constitution, it was fit
that public injustice should be exhibited in its greatest
degree and most extreme effects. For this end
Heaven permitted your apostacy from all the principles
of good and just government. By your system we
see unrighteousness in the essence, in effects, and
in its native miseries. The rogues of every other
state blush at the exhibition, and say you have betrayed
them by carrying the matter too far. The very
naming of your measures is a complete refutation of
anti-federalism, paper money and tender acts, for
no man chooses such company in argument.
The distress to which many of your
best citizens are reduced the groans of
ruined creditors, of widows and orphans, demonstrates
that unhappiness follows vice by the unalterable laws
of nature and society. I did not mention the
stings of conscience, but the authors of public distress
ought to remember that there is a world where conscience
will not sleep.
Is it now at length time to consider.
The great end for which your infatuation was permitted
is now become complete. The whole union has seen
and fears, and while history gives true information,
no other people will ever repeat the studied process
of fraud. You may again shew the distorted features
of injustice, but never in more lively colors, or by
more able hands than has been done already. As
virtue and good government has derived all possible
advantage from your experiment, and every other state
thanks you for putting their own rogues and fools out
of countenance, begin to have mercy on yourselves.
You may not expect to exist in this course any longer
than is necessary for public good; and there is no
need that such a kind of warning as you set before
us should be eternal. Secure as you may feel
in prosecuting what all the rest of mankind condemn,
the hour of your political revolution is at hand.
The cause is within to yourselves, and needs but the
permission of your neighbors to take its full effect.
Every moral and social law calls for a review, and
a volume of penal statutes cannot prevent it.
They are in the first instance nullified by injustice,
and five years hence not a man in your territories
will presume their vindication. Passion and obstinacy,
which were called in to aid injustice, have had their
reign, and can support you no longer. By a change
of policy give us evidence that you are returned to
manhood and honour. The inventors of such councils
can never be forgiven in this world, but the people
at large who acted by their guidance may break from
the connection and restore themselves to virtue.
There are among you legislators eminent,
through the union for their wisdom and integrity.
Penetrated with grief and astonishment they stand in
silence, waiting the return of your reason. They
are the only men who can remove the impassable gulph
that is between you and the rest of mankind.
In your situation there must be some sacrifice.
It is required by the necessity of the case, and for
the dignity of government. You have guilty victims
enough for whom even benevolence will not plead; let
them make the atonement and save your state.
The large body of a people are rarely guilty of any
crime greater than indiscretion, in following those
who have no qualification to lead but an unblushing
assurance infraud. Acknowledge the indiscretion,
and leave those whom you have followed into the quicksands
of death to the infamy prepared for them, and from
which they cannot be reserved. Your situation
admits no compounding of opposite systems, or halving
with justice, but to make the cure there must be an
entire change of measures. The Creator of nature
and its laws made justice as necessary for nations
as for individuals, and this necessity hath been sealed
by the fate of all obstinate offenders. If you
will not hear your own groans, nor feel the pangs
of your own torture, it must continue until removed
by a political annihilation. Such as do not pity
themselves cannot be long be pitied.
Determined that our feelings shall
be no longer wounded by any thing to which despair
may lead you, with philosophic coolness we wait to
continue our speculations on the event.
A LANDHOLDER.
The Landholder, XIII.
The Connecticut
Courant
, (Number 1209)
MONDAY, MARCH 24, 1788.
The attempt to amend our federal Constitution,
which for some time past hath engrossed the public
regard, is doubtless become an old and unwelcome topic
to many readers, whose opinions are fixed, or who are
concerned for the event. There are other subjects
which claim a share of attention, both from the public
and from private citizens. It is good government
which secures the fruits of industry and virtue; but
the best system of government cannot produce general
happiness unless the people are virtuous, industrious
and economical.
The love of wealth is a passion common
to men, and when justly regulated it is conducive
to human happiness. Industry may be encouraged
by good laws; wealth may be protected by civil regulations;
but we are not to depend on these to create it for
us, while we are indolent and luxurious. Industry
is most favourable to the moral virtue of the world;
it is therefore wisely ordered by the Author of Nature,
that the blessings of this world should be acquired
by our own application in some business useful to
society; so that we have no reason to expect any climate
or soil will be found, or any age take place, in which
plenty and wealth will be spontaneously produced.
The industry and labour of a people furnish a general
rule to measure their wealth, and if we use the means
we may promise ourselves the reward. The present
state of America will limit the greatest part of its
inhabitants to agriculture; for as the art of tilling
the earth is easily acquired, the price of land low,
and the produce immediately necessary for life, greater
encouragement to this is offered here than in any
country on earth. But still suffer me to enquire
whether we are not happily circumstanced and actually
able to manage some principal manufactories with success,
and increase our wealth by increasing the labour of
the people, and saving the surplus of our earnings
for a better purpose than to purchase the labour of
the European nations. It is a remark often made,
and generally believed, that in a country so new as
this, where the price of land is low and the price
of labour high, manufactories cannot be conducted
with profit. This may be true of some manufactures,
but of others it is grossly false. It is now in
the power of New England to make itself more formidable
to Great Britain by rivaling some of her principal
manufactures, than ever it was by separating from
her government. Woolen cloaths, the principal
English manufacture, may more easily be rivaled than
any other. Purchasing all the materials and labour
at the common price of the country, cloths of three-quarters
width, may be fabricated for six shillings per yard,
of fineness and beauty equal to English cloths of
six quarters width, which fell at twenty shillings.
The cost of our own manufacture is little more than
half of the imported, and for service it is allowed
to be much preferable. It is found that our wool
is of equal quality with the English, and that what
we once supposed the defect in our wool, is only a
deficiency in cleaning, sorting and dressing it.
It gives me pleasure to hear that
a number of gentlemen in Hartford and the neighboring
towns are forming a fund for the establishment of a
great woolen manufactory. The plan will doubtless
succeed; and be more profitable to the stockholders
that money deposited in trade. As the manufacture
of cloths is introduced, the raising of wool and flax,
the raw materials, will become an object of the farmer’s
attention.
Sheep are the most profitable part
of our stock, and the breed is much sooner multiplied
than horses or cattle. Why do not our opulent
farmers avail themselves of the profit? An experience
would soon convince them there is no better method
of advancing property, and their country would thank
them for the trial. Sheep are found to thrive
and the wool to be of good quality in every part of
New England, but as this animal delights in grazing,
and is made healthy by coming often to the earth, our
sea-coasts with the adjacent country, where snow is
of short continuance, are particularly favourable
to their propagation. Our hilly coasts were designed
by nature for this, and every part of the country that
abounds in hills ought to make an experiment by which
they will be enriched.
In Connecticut, the eastern and southern
counties, with the highlands on Connecticut river
towards the sea, ought to produce more wool than would
cloath the inhabitants of the state. At present
the quantity falls short of what is needed by our
own consumption; if a surplusage could be produced,
it would find a ready market and the best pay.
The culture of flax, another principal
material for manufacturing, affords great profit to
the farmer. The seed of this crop when it succeeds
will pay the husbandman for his labour, and return
a better ground-rent than many other crops which are
cultivated. The seed is one of our best articles
for remittance and exportation abroad. Dressing
and preparing the flax for use is done in the most
leisure part of the year, when labour is cheap, and
we had better work for sixpence a day and become wealthy,
than to be idle and poor.
It is not probable the market can
be overstocked, or if it should chance for a single
season to be the case, no article is more meliorated
by time, or will better pay for keeping by an increase
of quality. A large flax crop is one most certain
sign of a thrifty husbandman. The present method
of agriculture in a course of different crops is well
calculated to give the husbandman a sufficiency of
flax ground, as it is well known that this vegetable
will not thrive when sown successively in the same
place.
The nail manufacture might be another
source of wealth to the northern states. Why
should we twice transport our own iron, and pay other
nations for labour which our boys might perform as
well? The art of nail-making is easily acquired.
Remittances have actually been made from some parts
of the state in this article; the example is laudable,
and ought to be imitated. The sources of wealth
are open to us, and there needs but industry to become
as rich as we are free.
A LANDHOLDER.