Pennsylvania and the federal Constitution, 1787-1788

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Dar/higtofi Memorial Library

PENNSYLVANIA

AND THE

jFcberal (!!onstitutiou

1787-1788

JAMES WILSON, LLD
Nat. 1742 -Ob. 1798.

JTrorn, a-Jbrint in- the Vi^ssessuin, i>f the- //isti:>ricaZ Si>cieti/ cf I'enn-'^

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IXQriRKR PRIXTIXG AND PUBLISHING CO.,

Printers and Stereotypers,

Lancaster, Pa.

PREFACE.

The object of this book is to show the circumstances under
which the Federal Constitution was ratified by Pennsylvania.
She was the first of the large states to accept the plan that
gave the states having a small population an equal represen-
tation in the Senate with the others, and her prompt action
influenced the result. Had this action been less prompt or
less decided, it would have opened the way to dissensions
and amendments that would in all probability have caused
the rejection of the Constitution, or have sunk it to the level
of the Articles of Confederation. Preceded only by Delaware
in taking final action on the Constitution, she was the first
to undertake its consideration.

Twenty hours after the Continental Congress submitted
the Constitution to the States, the Assembly of Pennsylvania
called a convention to ratify or reject it. When formally sent
out to the people of the State, the "New Plan" at once be-
came the subject of a violent contest, which continued almost
to the day when Washington was sworn into office.

The history of this contest has never been written. In
1830 Jonathan Elliot published a collection of the debates
that took place in some of the state conventions, and in this
collection Pennsylvania was given a place. But what is
there set forth as a record of the debate is false to history and
discreditable to the industry of Mr. Elliot. The Conven-
tion sat from November 21 to December 15, the debate was
exhaustive, the adverse views were strongly and ably urged.
Yet Mr. Elliot gives only the preliminary proceedings, the
speeches of James Wilson and a single speech of Thomas
McKean, each in defence of the Constitution. He simply
reprinted the small volume published by Thomas Lloyd in
1788, in which all the arguments of the opposition were
suppressed.

It is true, the majority of the Convention refused to have
their verdict weakened by allowing the minority to enter
(v)

vi Preface.

(
their reasons of dissent on the Journal; but these reasons

with proposed amendments were issued as a broadside, and

spread all over the country. They show that the battle was

fou(;lit out here and conclusions reached that in many cases

commended themselves to the majority of the people. The

amendments thus unofficially offered were the forerunners

of those of Massachusetts and Virginia, and undoubtedly

formed the basis of what ]\Ir. Madison laid before the House

of Representatives in 1789.

The material for a proper showing of the conduct of the
people of Pennsylvania during the struggle over the Federal
Constitution in 1787, is plentiful and of two sorts — the official
proceedings and debates of the Assembly and the Convention,
and the essays, squibs, letters, speeches, etc. , that were pub-
lished from day to day in the Journals and Gazettes.

Of the debates, unhappily, no complete report is in ex-
istence. The Convention employed no short-hand reporter
to take down what was said, the report begun by Alexander
J. Dallas for the Pennsylvania "Herald" was soon sup-
pressed, and from November 30, 1787, the sources of inform-
ation are some notes by James Wilson, some speeches reported
by Thomas Lloyd, and the summaries that appeared in the
newspapers. From such material has been constructed the
account of the debates in the Convention given in Chapter
Fourth, which is probably all that can ever be known. The
Journal of the Convention — a bare record of meetings, mo-
tions, adjournments, and votes — has not been reprinted for
lack of room.

From the squibs and essays, many exceedingly unwise and
dry, but all showing forth the popular views of the Constitu-
tion, such a selection has been made as seems to fairly
represent both the Federal and Antifederal side. Much has
been omitted, but whatever has been omitted has generally
been said somewhere else in better form.

To preserve the memoirs of the men who were thought fit
to represent the people on this occasion, a series of biograph-
ical sketches have been added.

Philadelphia^ June gth^ 188S.

CONTENTS.

CHAPTER I.
The STRUGGI.E OVER THE Constitution i

CHAPTER II.
The Convention Cali^ed 27

CHAPTER III.
Before the Convention Met 120

CHAPTER IV.
The Debate in the Convention 204

CHAPTER V.
Whii^e the Convention was Sitting 432

CHAPTER VI.
After the Convention Rose 454

CHAPTER VII.
Letters of Centinei, 565

CHAPTER VIII.
Sketches of the Pennsyi^vania Members of the Federal
Convention 701

CHAPTER IX.
Sketches of the Members of the Pennsyi^vania Convention . 712

CHAPTER X.
Appendix— Wii^ON's Notes— Replies of Mifflin and Morris to
Centinel 763

(vii)

LIST OF PORTRAITS.

PAGE

James "Wilson Frontispiece.

Robert Morris 12

George Clymer 27

Jared IngersoIvL no

Alexander James Dallas 213

Anthony Wayne 247

Jasper Yeates 295

Thomas McKean 365

William Findley 454

Fleazer Oswald 566

Thomas Mifflin 662

Benjamin Franklin 699

GoTjvERNEUR Morris 709

Frederick Augustus Muhlenberg 743

Benjamin Rush 749

(viii)

CHAPTER I.
THE struggle: over the constitution.

The constitution of the United States, as is well known,
was framed during the summer of 1787, by a convention of
delegates from twelve States. The convention sat in the old
State House at Philadelphia, and after a stormy session of
four months, ended its labors on September 17th, 1787. On
the afternoon of that day, the constitution duly signed by
thirty-nine of the members, some resolutions, and a letter
from Washington, were ordered to be sent to Congress, to be
by it transmitted to the States.

While these things were taking place in a lower room of
the State House, the Legislature of Pennsylvania was in ses-
sion in a room above, and to it, on the morning of September
1 8th, the constitution was read. Copies were then given to
the press, and the next day the people of Philadelphia were
reading the new plan in the "Packet," the "Journal," and
the "Gazetteer." For a few days nothing but praise was
heard. But, before a week was gone, a writer made bold
to attack it in the "Freeman's Journal;" answers were
made to him in the "Gazetteer;" more attacks followed, the
community was split into two great parties, the names
Federal and Antifederal were formally assumed, and a strug-
gle, the most interesting in the early history of the constitu-
tion, was commenced.

The new frame of government meanwhile had been pre-
sented to Congress, and there, too, had been strongly opposed.
Led on by Melanchthon Smith, the New York delegates op-
posed it to a man. William Grayson, of Virginia, denounced
it as too weak. Richard Henry Lee hated it for being too
strong, and with him went Nathan Dane, of Massachusetts.
To submit such a document to Congress, they held, was
absurd. Congress could give it no countenance whatever.

(I)

2 The Struggle Over the Constitution.

The proposed constitution was a plan for a new government;
a new government could not be set up till the old had been
pulled down, and to pull down the old was out of the power
of Congress. They were reminded that Congress had sanc-
tioned the meeting of the convention, and told that, if Con-
gress could approve the convention, it could approve the
work the convention did. But they would not be convinced,
and on September 26th, Lee moved a bill of rights and a long
list of amendments. He would have no Vice-President, a
council of state to be joined with the President in making
appointments, more representatives, and more than a majority
to pass an act for the regulation of commerce. His bill and
his amendments were not considered, and the next day Lee
came forward with a new resolution. This was, that the acts
of the convention should be sent to the executives of the
States, to be by them laid before their legislatures. Instantly
a member from Delaware moved to add the words: " In order
to be by them submitted to conventions of delegates to be
chosen agreeably to the said resolutions of the convention."
The question was taken, and of the twelve States on the
floor, all were for the motion save New York, and all save
New York and Virginia were so unanimously. It was then
moved to urge the legislatures to call state conventions with
all the speed they could ; but Congress rose, and the matter
went over to the next day.

It was now quite clear that neither party could have its
own way. The Federalists wished to send the new plan to
the States by the undivided vote of Congress. But this they
could not do while the New York delegates held out. Lee
and his followers wished to send it, if sent at all, without one
word of approval. But this they could not do unless the
Federalists were willing. When, therefore. Congress again
assembled at noon on the 28th, each party gave up something.
The Federalists agreed to withhold all words of approval.
The Antifederalists agree to unanimity. The amendments
offered by Lee on the 26th, and the vote on the 27th, were then
expunged from the journal, and the constitution, the resolu-
tions of the convention, and the letter of Washington, were
formally sent to the States.

Action of the Pennsylvania Assembly. 3

William Bingham of Pennsylvania at once sent oflf an ex-
press to Philadelphia with the news. But the rider had not
crossed the ferry to Paulus Hook when the Legislature of
Pennsylvania began to act. The Assembly had resolved to
adjourn sine die on Saturday, September 29th. But the Fed-
eralists had determined that before adjournment a state con-
vention to consider the constitution should be called. When,
therefore, the day drew near, and no word of approval came
from Congress, they took the matter into their own hands,
and on Friday morning George Clymer rose in his place, and
moved that a state convention of deputies be called, that they
meet at Philadelphia, and that they be chosen in the same
manner and on the same day as the members of the next
General Assembly. Mr. Whitehill, who sat for Cumberland,
objected, moved to put oflf consideration of the matter till
afternoon, and provoked a long and bitter debate. The people,
it was said, in the State at large knew nothing about the new
plan. To inform them before election would be impossible.
The matter should be left to the next Assembly. Congress
besides had taken no action, and till Congress did, no State
could act: the articles of confederation forbade them; they
must keep on federal ground. The motion again was un-
parliamentary. The custom of the Assembly had always
been, when important business was to be brought on, to give
notice beforehand, have the matter made the order of the
day, and have the bill read three times. To now bring on
business so important by surprise, and hurry it through with-
out debate, was clearly to serve some bad end.

Such argument, however, could not bring over a single
Federalist, and the first of the resolutions,* that calling the
convention to meet at Philadelphia, was carried by a vote of
forty-three to nineteen. The Assembly then adjourned till
four in the afternoon.

Not a few of the minority lodged in the house of Major
Boyd, on Sixth street, and there it is likely a plan was laid
that came very near being successful. The Assembly consisted
of sixty-nine members. Forty-six made a quorum. If, there-

*Chap. II., p. 28.

4 The Struggle Over the Constitution.

fore, nfneteen kept away there would be no quorum, and if
there was no quorum the house would be forced to adjourn
with the day for the election of delegates unfixed, and the
manner of choosing the members unsettled. It was accord-
ingly arranged that not one of the nineteen should go to the
afternoon session, and not one did.

At four o'clock the Assembly met, with the Speaker and
every federal member in his place. But all told, they counted
only forty-four, and the business could not go on. After
waiting a while and no more coming in, the Speaker sent out
the sergeant-at-arms to summon the absentees. None would
obey, and the house was forced to adjourn to 9 o'clock on
Saturday morning.

Meanwhile, the rider sent on by Mr. Bingham came spur-
ring into town with the resolution of Congress submitting
the constitution to the States. This, when the Speaker had
taken the chair on Saturday, was read to the house. Hoping
that the opposition of the minority would now be removed,
the sergeant-at-arms and the assistant clerk were dispatched
to hunt up the malcontents, show them the resolution,
and summon them to attend. The two officers went first to
Major Boyd's, where were James M'Calmont, who sat for
Franklin, and Jacob Miley, from Dauphin. They were
shown the resolution, and stoutly said they would not go.
The people, however, decided that they should; broke into
their lodgings, seized them, dragged them through the streets
to the State House, and thrust them into the assembly room,
with clothes torn and faces white with rage. The quorum
was now complete.

When the roll had been called and a petition praying for a
convention presented and read, Mr. M'Calmont rose, com-
plained of his treatment, and asked to be excused. Some de-
bate followed, in the course of which the rules touching the
matter were read. It then appeared that every member who
did not answer at roll-call was to be fined 2s. 6d. But when
a quorum could not be formed without him, a fine of 5s. was
to be imposed. Thereupon Mr. M'Calmont rose, and, taking
some silver from his pocket, said, "Well, sir, here is your 5s.

Pelatiah Webster. 5

to let me go." The gallery broke into a laugh, the Speaker
refused the money, and the debate went on till the vote was
about to be taken, when Mr. M'Calmont left his seat and
made for the door. Instantly the gallery* cried out, "Stop
him." The crowd about the door did so; Mr. M'Calmont
returned to his seat; the house refused to excuse him, and
appointed the first Tuesday in November for the election of
delegates.

While these things were happening in the Assembly, the
minority were busy preparing an address to the people, which
sixteen of the nineteen signed.

The objections of these men were ten in number. The
new plan was offensive because it was too costly, because it
was to be a government of three branches, because it would
ruin state governments or reduce them to corporations, be-
cause power of taxation was vested in Congress, because lib-
erty of the press was not assured, because trial by jury was
abolished in civil cases, and because the federal judiciary
was so formed as to destroy the judiciary of the States. There
ought to have been rotation in office, in place of which repre-
sentatives were to be chosen for two years and senators for
six. There ought to have been a declaration of rights, and
provision against a standing army. They were at once an-
swered in verse, in squibs, in mock protests, in serious and
carefully drawn replies. One such reply came from six of
the majority. Another, the longest and the most elaborate
of all, was written by Pelatiah Webster. Webster was born
at Lebanon, Connecticut, in 1725, and seems to have pos-
sessed the traditional versatility of the New England people.
At twenty-one he was graduated from Yale college, studied
theology, and for two years preached in the town of Green-
wich. Wearying of this he turned business man, and went
to Philadelphia in 1755. Either the profits were small or the
business not to his taste, for in 1763 he accepted the place of

*This -word occurs in the newspapers of the day. But the Assembly
room contained no gallery. The term, therefore, must be understood in a
parliamentary sense, and as referring to the people who stood in a crowd
^ong the wall and around the door.

6 The Struggle Over the Constitutio7t.

second English master in the Germantown academy, on a
salary of one hundred pounds, proclamation money, a year.
This he gave up in 1766, after which time nothing is known
concerning him till, in 1776, he published an essay in favor
of taxation for the purpose of redeeming the continental bills
of credit. The British in 1778 threw him into jail, where he
staid six months. As soon as he was free he once more took
up the study of continental finance, and began a series of
seven essays on "Free Trade and Finance," of which the
first appeared in 1779 and the last in 1785. "A Dissertation
on the Political Union and Constitution of the Thirteen
United States of North America," one of the early efforts
towards a more perfect union, appeared in 1783. In 1795
Webster died.

But an answer more decisive than that of Mr. Webster
was made by the people at the polls, when the day came
for choosing the members of the new Assembly and Council.
Then Robert Whitehill, who signed the address as one of
the sixteen, and had, in return, been put up for a seat in
the Council, was thrown out by the voters of Cumberland
county. Samuel Dale, whose name likewise appeared at
the foot of the address, and Frederick Antis, who, having
voted for the convention in the memorable morning session,
went out with the nineteen in the afternoon, each met a like
fate in Northumberland.

The election, however, to which the factions looked for-
ward with most concern was that of delegates to the conven-
tion. Four weeks were to come and go before this took
place, and during these weeks the Antifederalists were all ac-
tivity. A friend was early found in Eleazer Oswald, who
then owned the "Independent Gazetteer, or Chronicle of
Freedom," and a champion in the unknown author of the
letters of "Centinel."

Who "Centinel" was cannot be known. His letters in
their day were ascribed to Oswald, to George Bryan, to
almost every Antifederalist of note. But it seems not unlikely
that the writer was Samuel Bryan.* Be this as it may, the

*This statement is made on the authority of Mr. Paul Leicester Ford, who

Eleazer Oswald. 7

letters deserve the same rank in the list of pieces opposing
the constitution, that has been given to the "Federalist" in
the list of pieces supporting the constitution.

Eleazer Oswald was a native of Great Britian, and came
to this country just at the outbreak of the Revolutionary
war. Young, romantic, deeply impressed with the rights of
man, he instantly took the part of the colonies, joined their
army and fought for them during half the war. He was with
Bthen Allen when Ticonderoga was taken, marched with
Benedict Arnold to the siege of Quebec, led the forlorn hope
on the day Montgomery fell, and took part under Washington
in the battle of Monmouth. Of war he now seems to have
had enough, for he resigned his commission in 1778, went to
Philadelphia, and there, after casting about for something to
do, turned tavern keeper and printer, re-opened the London
Coffee House, and began the publication of the "Independent
Gazetteer." Like most Whigs, he firmly believed the arti-
cles of confederation needed to be improved; but the con-
stitution he considered no improvement at all, pronounced it
monarchical, and made his paper the receptacle of the fiercest
attacks on the new plan and its supporters. It was to the
"Gazetteer" that Columbus and Gouvero, Tom Peep and
Bye-Stander contributed their squibs, that " Philadelphien-
sis" sent his observations, and that "Centinel" contributed
his twenty-four letters.

Stripped of all bitterness, the arguments of the two parties
may be briefly stated. The new plan, said the Antifederalists,
is not only a confederation of States, which it ought to be; but
a government over individuals, which it ought not to be.
Not only may Congress overawe the States, but it can go

has kindly furnished the following piece of information: "At the time of
their publication, George Bryan, of Pennsylvania, was charged with the
authorship of the letters of Centinel, and as such was the subject of many
attacks from the Federalist newspapers ; but his son, Samuel Bryan, writing
to George Clinton, says: 'I have not the honor of being personally known
to your Excellency, but * * * i flatter myself that in the character of
Centinel I have been honored with your approbation and esteem.' It ap-
pears, however, from the Belknap Papers (II. 24, 35), that Eleazer Oswald,
printer of the ' Independent Gazetteer,' was the author of some of the shorter
squibs over that pseudonym."

8 The Struggle Over the Constitution.

down and lay hold on the life, liberty and property of the
meanest citizen in the land. Where powers so extensive are
bestowed on a government, the limits of the powers and the
rights of the people ought to be clearly defined. Does the
constitution do this? Far from it. No safeguards whatever
are provided. There is no bill of rights, while trial by jury,
that great bulwark of liberty, is carefully done away with in
civil cases. Liberty of the press is not secured. Religious
toleration is not provided for. There are to be general search
warrants, excise laws, a standing army which the constitu-
tion does not forbid being quartered on the people. This is
serious. For, by one article the ' ' constitution and the laws
made in pursuance thereof," are to be "the supreme law of
the land," They are, moreover, to be binding on the judges
of each State, anything in the constitution or laws of that State
to the contrary notwithstanding. Now, the state constitu-
tions provide for liberty of the press, of speech, and of wor-
ship. The constitution of the United States does not. A
law by Congress abolishing any of these would therefore be
in pursuance of the constitution, would be "the supreme law
of the land," and would be binding on every state judge in
the union.

By another article Congress is to have power to lay taxes,
imposts and duties. But so have the States power to lay
taxes. How long will it be before all taxation is in the hands
of Congress? For, is it not clear that when two powers are
given equal command over the purses of the people, they will
fight for the spoils ? And is it not clear that the weaker will
be found to yield to the stronger? And will not Congress be
stronger? State sovereignty, so carefully preserved in the
articles, is well nigh destroyed in the constitution. The peo-
ple, not the States, are to be represented in the house, and
there every delegate is to vote as a man. Lest the people
should derive any benefit from this change, annual elections
and rotation in office are to be swept away. A republican
form of government is indeed guaranteed, but whoever will
take the pains to look will see that it is the form, and not
the substance. Innumerable acts of sovereignty are to be

speech of James Wilso7i. 9

taken from the States. They can coin no money, nor regulate
their trade, nor derive one shilling from impost duty.

Indeed, there was hardly a provision in the whole constitu-
tion of which the Antifederalists could approve. The num-
ber of representatives was too small. The Senate was too
aristocratic. The jurisdiction of the supreme court was too
extensive. The President had powers which, when joined
with those of the Senate, were utterly incompatible with
liberty.

To strictures such as these a number of replies were made
by the Federalists. Some were sarcastic or foolish, and in-
tended merely to provoke a laugh. Some were temperate,
and well considered, and of such the best were the speech of
James Wilson at the State House, and the essays of "A
Federalist," and "Plain Truth.",

The occasion of Mr. Wilson's speech was a public meeting
in the State House yard, to nominate delegates to the next Gen-
eral Assembly. As it was well known that the business of
the meeting would bring a great crowd, the Federalists in-
duced Mr. Wilson to make an address by way of answer to
the many charges the Antifederalists had brought against the
constitution.

He began by calling on his hearers to recollect that the
constitutions of the States were very different instruments
from the constitution proposed for the United States. When
the people set up their state governments, they gave to their
legislatures every right and every power which they did not
expressly withhold. But in giving powers to the federal
government this principle had been reversed, and the au-
thority of Congress would be determined not by tacit impli-
cation, but by positive grant expressed in the constitution.
In the case of the state governments, every power not ex-
pressly reserved was given. In the case of the proposed
federal government, every power not expressly given was
reserved.

This distinction being recognized, the objection of those
who wished for a bill of rights was answered. A bill of
rights was prefixed to the constitution of Pennsylvania, be-

lO TJic Struggle Over the Constitution.

cause in such an instrument the reserved powers must be
specified, and this specification was done in the bill of
rights. No bill of rights had been added to the proposed
constitution of the United States, because it was not necessary
to sum up the reserved powers, because no power was given
unless expressly given, and the collection of express powers
was the constitution.

Another objection was that trial by jury in civil cases
would be abolished. This was a mistake. The business of
the convention that framed the constitution was not local,
but general. Its duty was not to meet the views and usages
of any one State, but the views and usages of thirteen States.
These usages were not common. When, therefore, the fed-
eral convention was considering the matter of jury trial, the
members found themselves beset with difficulties on every
hand. Cases open to a jury in one State were not open to a
jury in another. Nowhere were admiralty cases, and such
as came up in courts of equity, sent to a panel of twelve. To
lay down a general rule was therefore impossible, and the
convention wisely gave up the task, and left the matter as it
stood, feeling sure no danger could arise.

The charge that the constitution would destroy the state
governments was, Mr. Wilson held, refuted by the constitu-
tion itself Was not the President to be chosen by electors?
and was not the manner of choosing the electors to be deter-
mined by the legislatures of the States? Were not the sena-
tors to be elected by the state legislatures? Were not the
qualifications of an elector of representatives to be the same
as "the qualifications requisite for electors of the most
numerous branch of the state legislature? ' ' Did it not follow
then that if the legislatures were destroyed no President could
be chosen, no senators elected, no represenatives voted for?

Mr. Wilson then went on to refute the charges of "a stand-
ing army in time of peace," and of "the baleful aristocracy
in the United States Senate." He ended his speech with
the statement that the men who opposed the constitution did
so from personal, not patriotic motives. They were, he said,
placemen, tax collectors and excisemen, who, should the

'■'•Great Na7nesy ii

new plan go into effect, would be turned out of office by the
abolition, or transfer to the federal government of the places
they held under the State,*

The speech was hailed by the Federalists as final, and pro-
voked the Antifederalists to make innumerable replies. ' ' Cen-
tinel" devoted a whole letter to answering it. From New
York came a series of long letters in reply. "A Democratic
Federalist" labored hard to refute him.

Others, who could not answer, began to call names. ''An
officer of the late Continental army ' ' described the speech as
a "train of pitiful sophistries, unworthy of the man who
uttered them." One bitter lampooner nick-named him
"James de Caledonia." Another vilified him as "Jimmy."
A third summed up his objections to the constitution with
the remark that such a haughty aristocrat as Mr. Wilson
having approved the new plan, was the best reason in the
world why the people should reject it.

This, it was said, might possibly be so, if Mr. Wilson
were the only signer of the constitution. But he was not.
His was but one name in a long list of great names. Had it
not been signed by a Washington, and did there live a villain
so black-hearted as to assert that the American Fabius was
now seeking to destroy the liberties he had done so much to
secure? Had not Franklin signed it, and did any one sup-
pose that he would close a long and splendid career by re-
commending to his countrymen an infamous constitution?
Had it not been signed by a Morris and a Sherman? The
Antifederalists admitted that it had, but warned the people
not to be blinded by the glamour of great names. Were there
not names, as great as any at the foot of the constitution, to
be seen at the foot of the articles of confederation articles

* Gouverneur Morris in a letter to Washington makes the same statement.
There had, he wrote, been reason to "dread the cold and sour temper of the
back counties, and still more the wicked industry of those who have long
habituated themselves to live on the public, and cannot bear the idea of being
removed from the power and profit of State government, which has been
and still is the means of supporting themselves, their families and depend-
ents, and (which perhaps is equally grateful) of depressing and humbling
their political adversaries."

12 The Struggle Over the Constitution.

now declared to be thoroughly bad? Nay, had not some of
the very men who put their hands to the one, put their hands
to the other? Had not Roger Sherman, and Robert Morris,
and Gouverneur Morris, recommended the confederation?
What, then, was the value of these boasted great names ? If
these patriots had erred once, what was to hinder them from
erring twice? "Centinel" went so far as to make some re-
marks on Washington and Franklin, which the Federalists
interpreted to mean that Washington was a fool from nature
and Franklin a fool from old age. The abuse of the "great
names ' ' once begun, no one was spared. The whole list of
signers was gone through with. Robert Morris was " Bobby
the Cofferer, ' ' and was said to be for the constitution because he
hoped the new government would wipe out the debts he owed
the old. Thomas Mifflin was "Tommy the Quartermaster
General," and gave his support because his accounts were
400,000 dollars short. Gouverneur Morris was "Gouvero
the cunning man." Few was sneered at as a bricklayer.
Telfair was accused of having been a Tory. Baldwin was
twitted with having once been steward of Princeton college,
which was false. To the convention was given the nickname
of the dark conclave.

The hatred was most bitter, however, toward the eight who
signed for Pennsylvania. Indeed, so loud was the outcry
against them, that when the time came to nominate delegates
to the state convention, it was thought best that James Wil-
son should be the only one put up. The precaution was
unnecessary, for in Philadelphia the Federalists carried
everything.

Election day was the sixth of November. Five delegates
were to be chosen from the city of Philadelphia, and when
the polls were closed at the State House, it appeared that the
Antifederalists had suffered a crushing defeat. The name
standing highest on the federal ticket received twelve hun-
dred and fifteen votes, and the name that stood lowest, eleven
hundred and fifty-seven votes. For Pettit, who headed the
antifederal ticket, one hundred and fifty votes were cast, while
Irvine, who stood at the bottom, was given one hundred and

tkilt

The State Conventio7t. 13

thirty-two. Franklin, it is true, ran far ahead of Pettit; but
he was in no sense an Antifederalist, and was well known to
have little sympathy for the party that used his name. He
had not been nominated by the Federalists, partly, as was
explained, because he was old and feeble, but chiefly because
he was still president of the commonwealth, and it was not
thought fit that any officer of the State should sit in the con-
vention. The Antifederalists accordingly used his great name
in the hope of drawing votes. But the ruse was detected, and
though some votes were drawn, they were for him and not
for the ticket. He received two hundred and thirty-five.

The Federalists were greatly elated over their victory, and
after midnight on election day a score or so of tipsy revellers
went to the house of Major Boyd, where lived John Smilie,
John Baird, Abraham Smith, James M'Calmont, James Mc-
Lean, John Piper and William Findley, members of the leg-
islature and noted Antifederalists, every one of them. Four
had signed the address of the sixteen dissenting assemblymen.
All had strongly opposed the calling of a state convention;
all were detested by the mob which gathered before the house,
broke the door, flung stones through the windows, and went
off reviling the inmates by name. Enraged at the insult, they
complained to the legislature. The Assembly asked the "Ex-
ecutive Council" to offer a reward. The council did so, and
Franklin promptly issued a proclamation offering three hun-
dred dollars for the capture and punishment of the offenders.
The proclamation was mere matter of form. No search was
made, no rioter was arrested, and the delegates chosen to the
convention met at the State House on Wednesday, the twenty-
first of November, when sixty of the sixty-nine members were
present.

The sixty who, on that day, answered to their names, made
up a body as characteristic of the State as has ever been
gathered. Scarcely a sect, or creed, or nationality in the
commonwealth, but had at least one representative on the
floor of the convention. Some were Moravians; some were
Lutherans; some Episcopalians; some Quakers; most were
Presbyterians. Some were of German descent. The ances-

14 The Struggle Over the Constitution.

tors of others had but a generation or two before come over
from Scotland or England, or Ireland, or that part of Ireland
made famous by the Scotch. One had sat in the "Council of
Censors. ' ' Three had been members of Assembly. Eleven
had been judges, or justices of the peace. As many more had
been Revolutionary officers. Scarce one but had taken some
part in the struggle for Independence. One had received sub-
scriptions to the continental loan. Others had served on com-
mittees of observation, or had been members of the " Flying
Camp." One had served with Washington and Braddock.
Another had been turned out of meeting for taking arms in
the good cause. Five in time acquired national fame. From
the city of Philadelphia came Benjamin Rush, and James
Wilson, and Thomas M' Kean. Chester sent Anthony Wayne.
From Luzerne came Timothy Pickering, postmaster general,
secretary of war, and secretary of state under Washington,
secretary of state under Adams, senator from Massachusetts,
and to the day of his death the bitterest, the most implacable
of Federalists.

Of the proceedings of the convention no full and satisfac-
tory record is known to exist. For our knowledge of what
was said and done we are indebted to the journal kept by the
secretary of the convention, to the report of a few speeches
taken down in shorthand by Thomas Lloyd, to the reports
and summaries of the debates that appeared in the news-
papers, and to the notes jotted down by Wilson and intended
to be used by him as the subjects of replies and speeches.
The minutes are exceedingly meagre; but from them it appears
that Thomas Lloyd applied to the convention for the place of
assistant clerk. Lloyd was a shorthand writer of considerable
note, and, when the convention refused his request, determined
to report the debates and print them on his own account. His
advertisement promised that the debates should be accurately
taken in shorthand, and published in one volume octavo at
the rate of one dollar the hundred pages. These fine prom-
ises, however, were never fulfilled. Only one thin volume ever
came out, and that contains merely the speeches of Wilson
and a few of those of Thomas M'Kean. The reason is not

Dallas Reports the Debates. 15

far to seek. He was bought up by the Federalists, and, in
order to satisfy the public, was suffered to publish one volume
containing nothing but speeches made by the two federal
leaders.

That the debates were thus suppressed may be considered as
reasonably well-established. When the convention began its
work, the "Packet" and the "Gazetteer," the "Journal" and
the "Gazette" printed short summaries of each day's doings.
The "Herald," however, published long and full reports, now
known to have been the work of Alexander James Dallas,
Mr. Dallas was then a young man, and was employed by
William Spotswood to edit his two publications, the "Penn-
sylvania Herald ' ' and the ' ' Columbian Magazine. ' ' So good
were his reports that all the newspapers copied them, till
January 6, 1788, having reached the debate of November
30th, they suddenly stopped. No word of explanation was
offered by the "Herald;" but "Centinel" declares they were
stopped by the efforts of the Federalists, a charge which
gains much likelihood from the facts that in February, 1788,
the "Herald" ceased to be published and that the Federal-
ists withdrew their subscriptions from every publication that
warmly supported the Antifederal cause. *

* Benjamin Rush, himself a Federalist, asserts in a letter to Noah Web-
ster (Febeuary 13, 17S8): "From the impudent conduct of Mr. Dallas in
misrepresenting the proceedings and speeches in the Pennsylvania conven-
tion, as well as from his deficiency of matter, the " Columbian Magazine," of
which he is editor, is in the decline." For this extract we are again in-
debted to Mr. Paul Leicester Ford.

Complaints of the same kind are made by Mr. Oswald day after day in the
"Gazetteer:" "The printer, having most pressing calls for money, is again
impelled to request that the subscribers to his newspaper be so kind as to
discharge their respective balances. And those who have been so very lib-
eral as to withdraw their subscriptions and support (and having NOT settled)
because he chose, in the present great political controversy, to act with his
usual impartiality, by publishing freely on both sides the question, are par-
ticularly requested to call and pay off their arrearages.

" He, however, for the present, chooses to suppress the ideas that occur to
him on this occasion, and shall therefore only remind those high-flying tools,
pigmies, and tiffanies of power and the prevailing party, those boasted
friends of freedom and liberty of the press, that ' the tables ' may, in the
course of human events, be again turned, and that ' the race is not always to
the swift, nor the battle to the strong. ' ' '

l6 The Struggle Over the Constitution.

From the first it was plain that in the convention the bur-
den of debate wonld fall upon the Antifederalists, and by them
the lead was gladly given to Whitehill, Findley and Smilie,
who came from the counties of Cumberland, Westmoreland
and Fayette. The Federalists looked up for leadership to Wil-
son and ]\I'Kean. Indeed, it was M'Kean who, when a speaker
had been chosen, and the rules approved, opened the busi-
ness of the convention by moving that the constitution be
adopted as the federal convention had framed it. Wilson
supported him in a long and characteristic oration. Smilie
attacked him in a speech which made up in bitterness what
it lacked in length. Others followed, and a whole week was
spent in debating motions to take up the constitution article
by article in convention; to take it up by articles and sec-
tions in committee of the whole; to give each member the
right when the yeas and nays were called to enter the reasons
of his vote on the journals. The first alone prevailed. On
each the vote was twenty-four to forty-four; nor did it, on any
question that came before the convention at any time, mater-
ially change. Never did the majority have more than forty-
six. Never did the minority have less than twenty-three.

These questions settled, Mr. Wilson took up the preamble,
and opened a long debate on the kind of government pro-
posed to be set up. Findley and Smilie and Whitehill
declared that it would be a consolidation, and not a confedera-
tion of the States, and gave reasons for this belief. It would
be a consolidated government because in the preamble were
the words "We the People," and not "We the States," which
showed it to be a compact between individuals forming a
society, and not between sovereign States forming a govern-
ment; because in Congress the votes were cast by indivi-
duals, and not by States; because the taxing power of the
federal body would destroy state sovereignties, as two
independent and sovereign taxing powers could not exist in
one community; because Congress could regulate elections;
because the judiciary was co-extensive with the legislative
power; because congressmen were to be paid out of the
national, and not out of the state treasury; because there was

Wilson Supports the Constitution in the Convention. 17

no bill of rights, no annual elections, and power to make all
laws necessary to put the constitution into effect. Under
such a plan it was simply impossible for a confederation to
exist. The moment it went into operation, that moment state
sovereignty was ended. Stripped of every lucrative source
of taxation, deprived of innumerable rights and powers, the
States would sink to mere corporations doing such things as
the laws and treaties of Congress would permit.

To this one ardent Federalist made reply that he hoped they
would sink to mere corporations. Plurality of sovereignty was
in politics what plurality of gods was in religion. It was the
idolatry, the heathenism of government. But the duty of de-
fending the constitution fell chiefly to Mr. Wilson, and the
arguments of Mr. Wilson were more forcible and direct.
Those, he said, who opposed the new plan did so on the
ground that the sovereign power was in the States as govern-
ments. Those who supported the constitution, on the other
hand, did so because they believed that sovereignty was in the
people; that the people had not, meant not, and ought not to
part with it to any government on earth; that, having it in
their own hands, the people could delegate it in such quantity,
to such bodies, and on such terms, and under such limitations,
as they saw fit. This doctrine was far from new. Indeed, the
people had boldly asserted it in that grand passage of the
Declaration of Independence which says: "We hold these
truths to be self evident, that all men are created equal; that
they are endowed of their creator with certain unalienable
rights; that among these, are life, liberty, and the pursuit of
happiness. That, to secure these rights, governments are in-
stituted among men, deriving their just powers from the con-
sent of the governed; that, whenever any form of government
becomes destructive of these ends, it is the right of the people
to alter or abolish it, and to institute a new government, laying
its foundation on such principles, and organizing its powers
in such form as to them shall seem most likely to effect their
safety and happiness." On this broad basis independence
was asserted and on this basis the people had acted ever since.
Exercising the rights there affirmed, they had first set up
2

l8 TJic Struggle Over the Constitution.

state governments, and then a government of confederated
States, which, again using their old rights, they now proposed
to supplant by a new government " laying its foundation ojt
such principles^ orgajiizing its powers in such form as to
them" seemed fitting. That the world might know by
whose act this was done, a preamble had been added to the
new plan distinctly stating that " We^ the People ^'''' the people
in whose hands is all sovereignty, the people who, under God,
alone have the right to pull down and set up governments,
do ordain, and establish the constitution. To say then, that
the new plan is one for a consolidated, and not a confeder-
ated government, because it comes from "We, the People"
and not from "We, the States," was to talk nonsense. The
words were there to express two great truths, that all gov-
ernments are created by the people, and for the people, and
that this particular form of government had been so formed.
Again and again Mr. Wilson called on the opposition to
define what they meant by a consolidated government. Mr.
Findley answered that it was a government "which put the
thirteen States into one." Mr. Smilie defined it as one that
took the sovereignty from the state governments and gave it
to a general government. Mr. Whitehill would give no defi-
nition at all. Taking up such as were given, Mr. Wilson
declared that the States possessed no sovereignty^, and that,
therefore, none could be taken from them. They were gov-
ernments of delegated powers, and nothing more. Some of
these powers were, indeed, to be taken away, or recalled, by
the sovereign people. But in every case a power so trans-
ferred was a power that had been long and shamefully abused.
They could issue no more paper money; make no more ten-
der laws; no longer treat the just requisitions of Congress with
contempt. Weary of seeing Congress enact laws which no
one obeyed, pass judgments the States refused to heed, the
people had given to the new government executive and judi-
cial as well as legislative power. Weary of seeing the States
taxing, and burdening, and ruining the commerce of each
other, the people had recalled the delegated right to lay im-
post duties, and in the new plan had given it to Congress.

Address of the Minority. 19

The clamor raised about a bill of rights was pronounced idle.
Were the States sovereign, doling out to the people such
rights as the people could exact, the need of such a bill would
indeed have been great. But they were not sovereign, they
possessed no power not given. What reason was there then
for the people to demand that they should be left secure in
the enjoyment of their sovereign, undelegated powers?

From the character of the constitution as a whole the de-
bate drifted off to the particular articles, and objection after
objection was raised by the opposition. The Vice-President
was a needless and dangerous officer. The Senate ought not
to make treaties, nor try impeachments, nor have a share in
che appointing power ; nor its members be elected for so long
a term as six years. Representation in the house was too
small. The power of Congress was too great. It could bor-
row money, keep up a standing army, lay taxes, deprive
electors of a fair choice of their representatives, call out the
militia, and make all laws necessary to put these powers into
execution. The President ought not to have the pardoning
power. Trial by jury was not secure. It seemed, indeed, as
if the whole plan of government was, in the opinion of the
opposition, bad. This Mr. Findley protested was not the
case. The opposition had no wish to reject it. A few amend-
ments would remove every objection, and these Mr. Whitehill
presented to the convention on the morning of the twelfth of
December. They were fifteen in number, and are remark-
able as containing the substance of the ten amendments after-
wards added to the constitution. Similarity so marked can-
not be accidental. There is much reason, therefore, to believe
that when Madison, in 1789, drew up the amendments for
the House of Representatives, he made use of those offered
by the minority of the convention of Pennsylvania.

But the majority of the convention had no wish to use them,
and, when the motion was made to adjourn to some future
day, that the people might consider them, it was voted down
by forty-six to twenty-three. By precisely the same vote, the
constitution, just as it came from the body that framed it,
was ratified a few minutes later. Without waiting to sign,

20 The Struggle Over the Constitution.

the convention, joined by the President and Vice-President of
the State, the constables, the sub-sheriffs, the high-sheriff,
the judges, the members of council, and all the state dignita-
ries, both civil and military, went in procession the following
day to the State House, and there read the ratification to a
great gathering of the people. On Saturday the 15th of De-
cember the convention adjourned.

And now the minority published their address and reasons
of dissent. It was not, they said, till the close of the late
glorious contest that any fault was found with the articles of
confederation. Then the wants which, during the war, had
been supplied by the virtue and patriotism of the people, be-
gan to be apparent. Then it was felt on every hand that
it would be well for the union to enlarge the powers of Con-
gress, and suffer that body to regulate commerce, and lay and
collect duties throughout the United States. With this in
view, Virginia proposed and Congress urged a convention of
deputies to revise and amend the articles of confederation,
and make them suited to the needs of the union. So hastily
and eagerly did the States comply, that their legislatures, with-
out the slightest authority, without ever stopping to consult
the people, appointed delegates, and the conclave met at Phil-
adelphia. To it came a few men of character, some more
noted for cunning than patriotism, and some who had always
been enemies to the independence of America.

The doors were shut, secrecy was enjoined, and what then
took place no man could tell. But it was well known that the
sittings were far from harmonious. Some left the dark con-
clave before the instrument was framed. Some had the firm-
ness to withhold their hands when it was framed. But it
came forth in spite of them, and was not many hours old
when the meaner tools of despotism were carrying petitions
about for the people to sign, praying the legislature to call a
convention to consider it. The convention was called by
a legislature made up in part of members who had been
dragged to their seats and kept there against their wills, and
so early a day was set for the election of delegates that many
a voter did not know of it till it was passed. Others kept

Antifederalism in Pennsylvania. 21

away from the polls because they were ignorant of the new
plan; some because they disliked it, and some because they
did not think the convention legally called. Of the sev-
enty thousand freemen entitled to vote but thirteen thousand
voted.

Having given a history of the two conventions, the ad-
dressers repeated the fifteen amendments they offered in con-
vention, and summed up their reasons of dissent under three
general heads. They dissented because so wide a domain
could never be governed save by a confederation of republics
having all the powers of internal government, but united in
the management of their general and foreign concerns. They
dissented because the powers vested in Congress would break
down the sovereignty of the States, and put up on their ruins
a consolidated government, "an iron-handed despotism."
They dissented because there was no bill of rights securing
trial by jury, habeas corpus^ liberty of conscience, and freedom
of the press. Twenty-one of the twenty-three minority
signed the address.

An examination of this list reveals the fact that the little
band of malcontents was made up of all the delegates from
the counties of Cumberland, Berks, Westmoreland, Bedford,
Dauphin, Fayette, half of those from Washington, half from
Franklin, and John Whitehill, of Lancaster. The reason
is plain. The constitution proposed for the United States
was in many ways the direct opposite of the constitution of
Pennsylvania. The legislature of Pennsylvania consisted of
a single house. The legislature of the United States was to
consist of two houses. The President of Pennsylvania was
chosen by the Assembly. The President of the United
States was chosen by special electors. The constitution of
Pennsylvania had a bill of rights, provided for a body of
censors to meet once each seven years to approve or disap-
prove the acts of the legislature; for a council to advise the
President; for annual elections; for rotation in office, all of
which were quite unknown to the proposed constitution for
the United States. But the Pennsylvania constitution of
1776 was the work of the patriot party; of this party a very

22 The Struggle Over the Constitution.

considerable number were Presbyterians; and the great Pres-
byterian counties were Cumberland, Westmoreland, Bedford,
Dauphin and Fayette. In opposing the new plan these men
simply opposed a system of government which, if adopted,
would force them to undo a piece of work done with great
labor, and beheld with great pride and satisfaction. Every
man, therefore, who gave his vote for the ratification of the
national constitution, pronounced his state constitution to be
bad in form, and this its supporters were not prepared to do.
By these men, the refusal of the convention to accept the
amendments they offered was not regarded as ending the
matter. They went back to the counties that sent them more
determined than ever but failed to gain to their side the great
body of Presbyterians.

Elsewhere the action of the convention was heartily ap-
proved. At Lancaster the delegates were received with bell
ringing and discharge of cannon. At Easton the delegates
from Northampton county held a meeting, and issued an
address to their constituents giving nine reasons why they
voted for ratification. The state of the union required a con-
centration of the powers of government for general purposes.
The proposed constitution provided for such a concentration
in the best form that could be agreed on. Under it commerce
would be restored to its former prosperity, agriculture would
flourish, taxes be cut down, manufactures and the arts would
be recognized, and the public creditors duly paid. There
would be no more bloody contests between neighboring States
over boundaries and territories; no more paper money and
tender laws; no more partial laws of any kind. The dele-
gates from Northampton were sure their constituents could
not fail to approve so good a plan of government, and in this
belief they were not mistaken.

While these things were happening in Pennsylvania, the
convention of New Jersey met and ratified the constitution
without one dissenting voice. . Delaware had already done so,
and these two with Pennsylvania made one-third of the num-
ber of States necessary to put the new plan into force.
This continued success the Federalists of Carlisle determined

Riot at Carlisle. 23

should be duly celebrated, and chose the last Wednesday in
December as the day, secured a cannon, and made a great pile
of barrels for a bonfire on the public square; but no sooner
were they assembled than a mob of Antifederalists attacked
them, drove them from the ground, spiked the cannon,
burned a copy of the constitution, and went off shouting
"Damnation to the forty-six; long live the virtuous twenty-
three." On the morrow the Federalists, fully armed, again
met and carried out their celebration. When they had fin-
ished, the Antifederalists in turn appeared and burned two
effigies, labelled, "Thomas M'Kean, Chief Justice," and
"James Wilson, the Caledonian." Twenty of the rioters
were in time arrested, but were speedily set at liberty by men
chosen for that purpose by the companies of militia.

Thus stirred up, the excitement spread over all the anti-
federal counties. The country beyond the mountains was
wholly in the hands of the Antifederalists. While the legisla-
ture was in session in September, a petition against the state
convention was passed round in the two counties of Franklin
and Cumberland, and soon bore four thousand signatures.
So overwhelming was the number of the Antifederalists that
the few Federalists did not think it worth while to make any
demonstration at all. In Fayette county, at a great county
meeting, but two supporters of the constitution appeared; in
Bedford county, in the mountains, the number was estimated
at twenty; in Huntingdon county not above thirty; in
Dauphin, in the middle country, less than one hundred; in
Berks, where the taxable inhabitants were nearly five thou-
sand, the number of active Federalists was put down at fifty*.
Through all these counties associations and societies were
formed for the purpose of opposing the constitution, and
committees of correspondence appointed to secure unity of
action. Such action was greatly needed, for their chances of
success grew smaller and smaller every day. In January
came news that Georgia had ratified unanimously, and hard
upon this the news that Connecticut had accepted the consti-
tution by a vote of more than three to one. February 6th

*"Centinel," Letter 18.

24 The Struggle Over the Constittition.

the convention of Massachusetts approved the constitution by
a majority of nineteen. This was most disheartening; for in
no State did the chances of the Antifederalists seem better
than in Massachusetts. There was the home of Shays, and
there the people had within a year risen up in armed resist-
ance to the authority of the State.

Amazed and angry at their defeat in New England, the
Antifederalists began to cast about them for the cause, and
soon found it in the management of the post-office. As the
law then stood, newspapers were not mailable. The post-
masters could officially have nothing to do with them.
Neither could the post- riders be forced to carry newspapers
in their portmanteaux. For the convenience to the public,
however, the postmaster had suffered the riders to carry the
Gazetteer and Packet, bargain with the printers about the
postage, and put the money thus received in their own
pockets. For a like reason the postmasters in the great
towns undertook to distribute the newspapers, and were given,
as the price of their labor, a paper by each printer. The
suppression of a batch of Gazetteers or Journals was therefore
an easy matter, and a question merely of money on the one
hand and honesty on the other. If the bribe were large
enough, and the rider or the postmaster dishonest enough, the
thing could be done. That it was done in this particular in-
stance is doubtful. The charge of the Antifederalists rested
on three counts. The first was that while the convention of
Pennsylvania was in session, New York newspapers full of
most important reading had been stopped, and held back for
weeks. To refute this the Federalists drew up a paper stat-
ing that while the convention was sitting the newspapers had
come as usual. Most of the Philadelphia printers signed it.
But the printer of the Freeman's Journal refused, and named
seven consecutive numbers of Greenleaf's New York Journal
which he stoutly maintained had not reached the city till the
convention had risen. Some of these were most important,
as they contained the essays of Brutus, Cato, and Cincinnatus.
That containing the fifth number of the address of Cincinna-
tus to James Wilson was, he claimed, especially hateful to

Charges Against the Post Office. 25

the Federalists, as it was full of information about tlie way in
which " Bobby the Cofferer" had conducted the finances of
the union. This paper was printed in the New York Jour-
nal of November twenty-ninth ; but not a copy reached
Philadelphia till December fifteenth, two days after the ratifi-
cation of the constitution had been proclaimed from the
State House.

The second count was, that information which would surely
have changed many votes in the conventions of Massachusetts
and Connecticut was purposely held back. Since the new
year came in, printers in the eastern States had not seen a
newspaper published south of New York. No one in Boston,
therefore, had read a line of the masterly address and reasons
of dissent of the minority of the convention of Pennsylvania,
or so much as knew that there had been a minority.

The third count was, that the address and reasons of
dissent of the minority of the convention of Pennsylvania
had been published in pamphlet form, and a copy sent through
the post-office to the address of every printer in the United
States; yet not a copy, so far as could be learned, had ever
been received by the persons to whom it had been sent. The
post-office was clearly the cause of this. It was in the hands
of the " well born," and these sons of power were determined
that no newspaper should get out of the office in which it
was dropped unless it contained fulsome praise of the new
roof about to be put up to cover them and all the office-seekers
of the continent. So much was made of this charge that the
postmaster found it necessary to send out a circular in which
he reminded the people that the post-office had nothing to
do with the delivery of newspapers, and if they went astray
the printers must look to the riders for redress, and not to him.

That the strictures of Cincinnattus could have changed a
vote in the Pennsylvania convention, or the reasons of dis-
sent have had any effect on the convention of Massachu-
setts, had both been promptly delivered, is not at all likely.
Yet neither party ceased to strive to win supporters in the
still doubtful States. The Federalists filled the columns of
their newspapers with squibs and essays, and collected money

26 The Struggle Over the Constitiitioii.

to send hundreds of copies to New York, to Virginia, to
Maryland, and even to South Carolina. Now it was the
New Roof by Francis Hopkinson; now the letters of "Con-
ciliator," and a "Freeman," a series of essays the Antifed-
eralists declared could have been the work of no one but
James Wilson. The Antifederalists seem to have made use
chiefly of committees of correspondence, a piece of political
machinery so effective in the early days of the Revolution.

Their efforts, however, were vain, and not a month went
by but another pillar, as the phrase went, was added to the
New Roof. Maryland ratified in April, and South Carolina
in May. In June came New Hampshire, and Virginia, and
the needed list of nine States was more than completed.

It was on the evening of the second of July that a post-
rider brought to Philadelphia the news that Virginia, the
tenth State, had accepted the new plan. The Federalists
had already determined that the coming fourth of July should
be a day of unusual rejoicing. But their zeal now burned
more fiercely than ever, and it was resolved that besides the
toasts and the speeches there should be a procession, and the
finest procession the city had ever beheld.

Though the " New Roof" was now up and Pennsylvania
under it, the Antifederalists were not disheartened. The so-
cieties, the committees and the associations in the western
counties were as active as ever, and a call for a state conven-
tion at Harrisburg was soon passing about among them.
September 3d was fixed as the day, and on that day thirty-
three delegates, representing eveiy county of the State save
York and Montgomery, were present in the convention. Be-
fore they adjourned resolutions were adopted and an address
prepared, urging the legislature to apply to Congress for a
revision and amendment of the constitution by a new federal
convention. With this their active opposition ended.

^^o-^r-^-i^

A SIGNER OF THE DECLARATION OF INDEPENDENCE,
A FRAl-IEROF' THE CONSTITUTION OF THE I'NITEB STATES,
AND >^IRST PRESIDENT OF THE FE NN-> AG AD T O I' THE FINE ARTS.

their attention

liberaic upoa
sented to tl'v-

28 The Convention Called.

said Representatives, and at the times herein mentioned, viz. For the cit}'
of Philadelphia, the counties of Philadelphia, Chester, Buctis, Lancaster,
Ber/cs, Montgomery, Northampton, Northumberland, Dauphin, Luzerne,
y'ork, Cumberland and Franklin on the day of the general election of Rep-
resentatives to the General Assembly. For the counties of Bedford, Hun-
tingdon, Westmoreland, Fayette and Washington, on the day of October.

That the persons so elected to serve in Convention shall assemble on the
last day of November, at the State House in the city oi Philadelphia. That
the proposition submitted to this House by the Deputies of Pennsylvania in
the General Convention of the States, of ceding to the United States a dis-
trict of country within this State, for the seat of the General Government,
and for the exclusive legislation of Congress, be particularly recommended
to the consideration of the Convention.

That it be recommended to the succeeding House of Assembly, to pro-
vide for the payment of any extraordinary expenses which may be incurred
by holding the said election of Deputies.

These resolutions being seconded by Mr. Wynkoop, they
were by agreement stated as distinct propositions, and on the
question will the House agree to the following:

Resolved, That it be recommended to such of the inhabitants of the State
as are entitled to vote for representatives to the General Assembly, that they
choose suitable persons to serve as deputies in a State Convention, for the
purpose hereinbefore mentioned; that is, for the city of Philadelphia and
the counties respectively, the same number of deputies that each state is
entitled to of representatives in the General Assembly.

Resolved, That the elections for Deputies as aforesaid be held at the
several places in the said city and counties, as are fixed by law for holding
the elections of representatives to the General Assembly, and that the same
be conducted by the ofl&cers who conduct. the said elections of representa-
tives, and agreeably to the rules and regulations thereof.

Mr. Whitehill answered No. He then rose and said: The
House, Sir, ought to have time to consider on this subject
before they determine; for which reason I move to postpone
the consideration until we meet again, and that may be this
afternoon, as the session is drawing so near to a close.

Mr. Fitzsimons. I will submit it to the House whether
it is proper to delay this business for the reason assigned by
the member from Cumberland. * If the gentlemen are not pre-
pared to say what time the election for delegates shall be
held, at least the general principle, or that such convention
is proper, must be well enough understood to warrant an im-

*Mr. Whitehill.

Debate on Calling a Convention. 29

mediate determination. It will be observed that the ordinar>'
business of the state is pretty well gone through, and the
House likely to dissolve to-morrow. But the subject brought
forward by my worthy colleague is a business of the highest
consequence, and the House must see how eligible it will be
to give it the sanction of the Legislature. The only object
of consideration is, whether the election shall be held with
that propriety which may perhaps be best effected by the rep-
resentatives pointing out the mode for the conduct of the peo-
ple. We are not, I conceive, to consider whether calling a
convention is proper or improper, because that I look upon as
a measure inevitable, even should not the Assembly consent
— but it will be well for us to appoint the mode by which such
choice shall be conducted. These are distinct propositions,
and on the first every gentleman must have determined, but
on the other every member will have an opportunity of offer-
ing his reasons, when it comes before us in the next resolu-
tion. Perhaps, Sir, it may be necessary to alter the times,
from what is there mentioned, to more distant periods; of this
the gentlemen from the several counties will be better able to
judge than I can pretend to, and I am sure I shall give no
opposition to every reasonable extension of the time. I hope
it will not be thought necessary that anything should be said
in commendation of the new constitution prepared for the
government of the United States. This, Sir, is not the object
of our discussion or deliberation, and was it, I think, Sir, my
abilities could not enable me to do justice to the subject; but
the feelings of every member will more forcibly convince his
judgment than all the argument which could be offered.
From the number of petitions on your table, it may be clearly
inferred that it is the wish and expectation of the people that
this House should adopt speedy measures for calling a con-
vention: I do not, therefore, see a necessity for saying much
on a subject so well felt and understood within and without,
but cheerfully submit it to the members to say whether they
will proceed now or in the afternoon.

Mr. D. Clymer. The worthy gentleman * from the city has
*Mr. Fitzsimons.

30 The Convention Called.

submitted the subject to the feelings of the House, and I
agree with him argument will not more clearly show the ad-
vantage that must result from the adoption of the federal
constitution, than what suggests to the mind of every person
within these walls; nor have I a doubt, Sir, but every mem-
ber will do justice to those feelings, and cheerfully assent to
calling a convention for their own as well as for the future
happiness and welfare of the citizens of Pennsylvania. The
gentleman observes it is the general wish of the people that
we should go forward in the measure. Here, Sir, I firmly
believe him, for I think it has but few opposers, very few in-
deed. I have heard. Sir, that only four or five leading party-
men in this city are against it, whose names I should be glad
to know, that their characters might be examined; for I am
confident they will be hereafter ashamed to show their faces
among the good people whose future prosperity they wish to
blast in the bud. The reason of their opposition, though not
positively known, can be well conjectured; and let them be
careful, lest they draw upon themselves the odium of that
people who have long indulged their rioting upon public
favor. But, Sir, the adoption of this measure is a matter of
so much consequence to America that I am satisfied it will
meet the hearty concurrence of this House.

Mr. Findley. Whatever gentlemen say with respect to the
importance of this subject, is argument to prove that we
should go into it with deliberation. And if it is of so much
importance, and so well understood out of doors, the House
then certainly ought not to be surprised into it. The gentle-
man from Berks has spoken warmly against opposing the
present measure in a manner as if intended to prevent men
from speaking their minds. He has charged some leading
characters in this city with giving opposition; if he means me
as one of them — (Mr, D. Clymer interrupted him, addressing
the Speaker with No, Sir, upon my honor, I did not mean
him.) Well then, I don't consider that part of his speech as
not addressed to the House, but merely to the gallery. But,
Sir, I consider what has been said of the wishes of the people
as applying to the plan of government, and not to the present

Delay Urged. 31

question. If I understand it right, we are not at present to
judge of the merits of the plan, but on the proper and ade-
quate measure of conducting the people into it Of the plan I
believe there can be no doubt of its being wisely calculated
for the purposes intended; but nothing is perfect, and this
may be as well as could be expected, and I consider it as very
deserving the commendation it received. But this can be no
reason for hurrying on the measure with such precipitancy;
if it is of the importance it is said to be, surely the House will
not refuse to postpone for the present, in order that there may
be time to make it as agreeable as possible.

Mr. D. Clymer. I said. Sir, the matter was well under-
stood, if we might judge from the sentiments of the people,
and there was but little opposition, and that from a few men,
who will be ashamed hereafter to come forward and avow
their secret machinations; so. Sir, I say still — nor can any gen-
tleman aver to the contrary. With respect to the postpone-
ment of the business till the afternoon, I will ask where is
the necessity? Every member must be confident, that with
or without his consent, the measure will be adopted; for it is
too generally agreeable, and too highly recommended, to be
assassinated by the hand of intrigue and cabal. And if it
must be adopted, why can it not be done as well this morning
as in the afternoon ? Or do some gentlemen want an oppor-
tunity of consulting with their associates, how far it is agree-
able? If there are objections to the time of holding elections,
it may be altered. I think sufficient time is not allowed to
the county which I am honored by representing; many others
may be in the same predicament, but this can be accommo-
dated— yet the general principle is so clear that nothing is
left for consideration or discussion.

Mr. Wynkoop. I suppose. Sir, there is not a member in
this House but what has pretty fully considered the present
business. This I am led to believe from its importance, and
the length of time which has elapsed since it was communi-
cated to the House. Now if every member has made up his
mind, what reason can there be for further consideration?
And if the members do not declare they have not yet made

32 The Convention Called.

up their minds on the propriety of calling a convention, I
shall vote for going on with the business.

Mr. Whitehill. It is very well known, that this business
is a matter of great importance, and deserves the serious at-
tention of the House — But however well the people may be
said to be acquainted with the design and intention, yet I
don't know how far that may be the case. This, Sir, is a
ver}' large and extensive State, and I may venture to say,
that so far from being the general voice of the people, that
not one in twenty know any thing about it. I believe a
great many people in and about the city, have signed peti-
tions in favor of it — but that is but a small part of the whole
State.

But to waive the question on the propriety of the measure,
it will appear clear. Sir, when we come to consider whether
it should be held in so many distant counties on the day of
the general election, that it cannot be done; and the members
ought to have an opportunity of asking or consulting them-
selves on that, which would be more proper.

The gentlemen that have brought forvvard this motion,
must have some design, as they cannot digest the postpone-
ment, or why not leave the members at liberty to consult, or
acquire further information? If this is a concerted plan, and
it must go through as it stands, we cannot help it; but if it is
to be made agreeable to what may be right, on due considera-
tion, why not allow time to consider of it ? I believe if time
is allowed, we shall be able to show that this is not the
proper time for calling a convention; and I don't know any
reason there can be for driving it down our throats, without
an hour's preparation. It appears to me to be a plan not fit
for discussion, or why refuse to allow it to be postponed? I
hope, when the House comes to consider how it has been in-
troduced, they will allow us the time we desire.

Mr. D. Clymer. The gentleman has misunderstood me,
for I did not speak of the State at large, when I said the
people understood it, and were in favor of it; though I have
not the smallest doubt but it will receive their warmest ap-
probation, when they hear of it.

The Need of Delay. 2>2i

Mr. Fitzsinions. I did wish, and still hope, the House
will pretty luianiiiiously agree to the resolutions which are
before us. When we took the business up, I flattered ni}-self
the decision would not be delayed, because every member
had time enough to consider this subject, since it was first in-
troduced to our attention; but if it is the opinion of any con-
siderable number of gentlemen, that it should lay over till
the afternoon, I will not press it; I am sure the arguments
made use of by the member from Cumberland, * offer no suffi-
cient inducement for a delay. The plan of the new con-
federation has laid upon your table near a fortnight, and it
can be nothing more or less than a confession of inattention,
not to say neglect of duty, for gentlemen to plead they have
not considered it; for surely the subject was so important,
that they must have turned it in their minds, and know what
is proper to decide on this occasion. The House is also so
near its dissolution, that if the measure is to be effected, very
little time remains for it; though as I observed before, I do
not think it lies with the House to determine, whether a con-
vention shall be called or no. This I think. Sir, forms no
part of our deliberations. But it is my wish, that the legis-
lature should take the lead, and guide the people into a de-
cent exercise of their prerogative; and surely. Sir, it cannot
be a matter of such high consideration, as to require much
time in determining the day, on which elections should be
held for nominating persons to form a State convention —
And, I conceive, this is the single point which we have to
consider; for I repeat again, that I do not think it is in our
power, nay, I am sure it is not in our power, to prevent the
people from adopting what may be a lasting benefit to them-
selves, and a certain treasure to posterity. But I think that
taking the lead in this business, will be an honor not only to
this legislature, but to the State also. It is not only honor-
able but convenient and advantageous; and I submit it to the
majority of this House to conclude, whether we shall, by pro-
ceeding, obtain for ourselves and constituents these advan-
tages, which even our neglect cannot prevent.

* Mr. Whitehill.
3

34 The Conventio7i Called.

Mr. G. Clymer. The resolutions, Mr. Speaker, whicli I
presented to you, contain separate and distinct propositions.
Directing the elections to be held at a short day, goes upon
the supposition that there is time to communicate the neces-
sary information — if this is not well founded, of consequence
it must be altered; but I hope no kind of hesitation can be
made, as to the propriety of adopting the first, which goes on
the principle, that such a convention is necessary for the bet-
ter union and happiness of the several States of America.
To hesitate upon this proposition will give a very unfavor-
able aspect to a measure, on which our future happiness, nay,
I may almost say, otir future existence, as a nation, depends.
If the time, Sir, is not agreeable for holding elections, as
mentioned in the second resolution, it cannot operate to pre-
vent our entering upon the first: I therefore hope, gentlemen
will withdraw their opposition, and let a degree of unanimity
prevail, which may be an inducement to others steadily to
co-operate in perfecting a work, that bids fair to relieve our
embarassments, and carry us to a height of prosperity we
have hitherto been strangers to.

Mr. Brackenridge. Before the division of the propositions,
I had made up my mind to be in favor of the postponement;
but it now appears clear to me, that we may decide upon the
general principle, to wit, shall a convention of the people be
called? With respect to this point, every member must have
made up his mind fully, because it is a measure, that from
the first was apparent, and must have occupied the attention
of every individual who had but seen the plan. This, as was
remarked before, has been on your table many days, and from
its magnitude and importance must have been a subject of
reflection to the members, who wished to perform the duty
they owed to their God, their conscience, and fellow-citizens
— so that voting now on a subject already understood, cannot
be difiicult, and in my opinion, we are as well prepared to
determine upon the principle, as we shall be after dinner.

Mr. Whitehill. The gentleman from Westmoreland,* as
well as the others who have spoken in favor of the resolu-

*Mr. Brackenridge.

Should Wait till Congress Recommends. 35

tions, seemed generally of opinion, that they ought to be
adopted without farther consideration, concluding that every
member is prepared to determine on the propriety thereof.
But this. Sir, is not the case; for I own, that I have not pre-
pared myself to take up this business, because I did not ex-
pect any notice would be taken of it; for Congress ought to
send forward the plan, before we do anything at all in this
matter. For of what use was sending it forward to them,
unless we meant to wait their determination — Now as these
measures are not recommended by Congress, why should we
take them up? Why should we take up a thing, which does
not exist? For this does not exist, that is before us — nor can
it until it is ratified by Congress. I have no doubt for my
part, but Congress will adopt it; but if they should make
alterations, and amendments in it, is there any one can say
then, what sort of a plan it will be? And as this may happen,
I hope the House, when they come to consider seriously, will
see the impropriety of going on at present. It will appear,
that it is necessary to give time for Congress to deliberate, be-
fore they recommend. It does appear that Congress have not
recommended it; and the recommendation of Congress ought
to be waited for in a matter that concerns the liberties and
rights of the people of the United States. I say this recom-
mendation is not come forward to the House, nor we don't
know when (if ever,) it will. We do not know that Congress
may be able to go thro' with it this long time yet, and why
are we to determine on it, before we know whether they will
allow of such change of the confederation? We do not know
that Congress are even sitting, or whether they will be in ses-
sion. And before we proceed to measures of this importance,
do let us know what we are going on, and let us not sport
away the rights and liberties of the people altogether. I say,
is it not better to go safely on the business, and let it lie over
till the next House; when we have adjourned, let our constit-
uents think of it, and instruct their representatives to con-
sider of the plan proper to be pursued. Will not the next
House be as able to determine as we are? And I would wish
the members to consider, that it never was supposed at our

36 The Co7ivention Called.

election, that we had the power to determine on such a meas-
ure. When we come to consider, it does appear to me bet-
ter to leave it over to the next House, and they will be bet-
ter able, and better instructed, what to do in this case. And
what is the consequence the gentlemen propose by this hurry?
That the State of Pennsylvania shall have the honor of taking
the lead. This may be preserved, Sir, as well by letting it
lie over; for, can the other states go into it before us? Can
the State of Georgia receive it as soon, and send it forward
for ratification, as we can? No, to be sure they cannot —
therefore this hurry does appear too great in my opinion ; be-
cause, if it is delayed, our determination can still be brought
forward sooner than that of any other state. If there are any
objections of moment against calling the convention at pres-
ent, let us be prepared to make them; we may do that bet-
ter, perhaps, by deferring only till the afternoon — for tho'
gentlemen say they have had time, and have made up their
minds, yet that has not been my case, and I don't see why
the business should be hurried upon us at this rate. I hope
when gentlemen consider, they will agree to postpone for the
present.

Mr. Brackenridge. I conceive. Sir, that the member has
wandered from the point, whenever he went into remarks up-
on the new constitution; but I did not interrupt, nor do I
mean now to reply to those observations, because I would not
follow him in a subject which is not before the House — but
if it should be necessary to speak on the general principles,
I trust that he would be fully answered. At present, Sir, I
understand the question to be, whether sufficient time has
not elapsed to give every member, who respects his duty,
sufficient opportunity to have made up his mind on the pro-
priety of calling a convention of the people; if this is the case,
the House will not surely postpone.

Mr. D. Clymer. The member from Cumberland * seems to

think it highly improper, that we should proceed in this

business until Congress shall recommend it to our attention,

and have given it the stamp of their approbation, but this,

* Mr. Whitehill.

No Need to Wait for Congress. 2i7

Sir, is extremely fallacious. For if Congress are to determine
the point, where was the necessity for the federal convention
to recommend calling state conventions? Or pray, Sir, were
the delegates to that important undertaking ordered even to
report to Congress? No, Sir, they were not — but I take it
that their reason for having done so, was, that as they meant
to report to the people of the United States at large, they
thought Congress would be a proper channel to convey it to
every part, from New Hampshire to Georgia, and I think the
mode of conveyance very proper; but I never entertained an
idea that it was submitted to their cognizance, as the gentle-
man says, for alteration or amendment. He supposes, too,
that the convention of the state may adopt some part of the
frame of government, and refuse the other. But not so, Sir;
they must adopt in toto^ or refuse altogether: for it must be
apian that is formed by the United States; wh-ich can be
agreeable to all, and not one formed upon the narrow policy
and convenience of any one particular state. Such, Sir, is
the constitution lately presented to you, framed by the collect-
ive wisdom of a continent, centered in a venerable band of
patriots, worthies, heroes, legislators and philosophers — the
admiration of a world. This, Sir, is a subject the member
from the city did well to submit to your feelings. Vain is
every attempt to do justice to its merits. No longer shall
thirty thousand people engage all our attention — all our
efforts to procure happiness. No! — the extended embrace of
fraternal love shall enclose three millions, and ere fifty years
are elapsed thirty millions, as a band of brothers! And will
the State of Pennsylvania — will a few of her inhabitants, I
should say — attempt to defeat this long-expected and wished-
for moment, by entering into a discussion of the minutiae —
how her interest is preserved? Why, Sir, to form a happy
union, the weakest eye must perceive the necessity of mutual
concessions — mutual sacrifices. Had the late convention not
been composed of gentlemen of liberal sentiments, patriotism,
and integrity, it might never have been perfected. Had
each been studious of accommodating the constitution to the
circumstances and wishes of the state they represented, noth-

38 The Convcnlion Called.

ing coiikl have been effected. Do we not hear, that disposed
as they were to make a sacrifice of the local interests to the
general welfare, that five weeks elapsed before they could
determine the proportion of representation? If these gentle-
men met with such difiiculties, who possessed the informa-
tion and knowledge of the continent, can it be supposed the
United States would submit to the amendments and altera-
tions to be made by a few inhabitants of Pennsylvania?
Could it be expected that Virginia (the Dominion of Virginia,
as some people in derision call it — though I say it is a land
of liberty, a land of patriots, and the nurse of science) — I say
will you expect. Sir, that Virginia and the southern states
shall coincide with alterations made only for the benefit of
Pennsylvania? No! — away with such ideas, and let that una-
nimity prevail at its adoption that it did at its formation.
It is improper for gentlemen to say, we ought not to enter on
this business until it is ratified by Congress. This, Sir, is
not the case — and let me, as setting my argument on a foun-
dation of solidity, call your attention to the recommendation
made by the united sense and wisdom of our continent to
this legislature. Remember how strong the language of the
venerable Franklin, when he addressed you to enforce this
recommendation. Remember the advantage and prosperity
held out to Pennsylvania, for her early and cheerful concur-
rence in a measure, whose perfections are so clearly seen as to
make hesitation criminal. Will all the art of sophistry prove
an inferiority to the present confederation, which, upon trial,
is found to be loose and ineffectual? Shall we, by chicane
and artful procrastination, defeat the measure so loudly de-
manded by every circumstance of happiness or preservation ?
Better would it be, Mr. Speaker, to join in the glorious sen-
timent of that gallant officer, who having quitted his station,
and gained a signal victory over his enemy, and when called
to account for his breach of orders, answered, "That man
holds his life too dear, who would not sacrifice it for his coun-
try's safety."

If it is the interest of a few individuals to keep up the weak
and shattered government, which brings on us the contempt

No Need to Wait for Congress, 39

of every surrounding tribe, and the reproach and obloquy of
every nation, let them exert their opposition; but it will be
all in vain, for should even this House refuse, I think it the
duty of the peojDle, as they value their present and future wel-
fare, to come forward, and do that justice to themselves,
which others would deny them.

As this subject is now before us, let us not hesitate, but
eagerly embrace the glorious opportunity of being foremost
in its adoption. Let us not hesitate, because it is damping
the ardor with which it should be pursued. Sir, it is throw-
ing cold water on the flame that warms the breast of every
friend of liberty, and every patriot who wishes this country
to acquire that respect to which she is justly entitled.

As we have taken up this matter, let us go through; for our
determination may have weight with our sister states, and
they will follow, where we take the lead, the honor of agree-
ing first to a measure, that must entitle to posterity security
for their property — no longer subject to the fluctuation of
faithless paper money and party laws — security to their lib-
erty, and security to their personal safety. These are blessings
which will engage the gratitude of posterity to venerate your
ashes. Excuse me, Sir, iox. being warm ; it is a matter I have
much at heart, and a subject which I almost adore; and let
the consequences to me be what they may, I must give it my
support; for it has my most hearty concurrence, and to every
part and particle I do pronounce a willing and a grateful
Amen.

I am against the postponement of the question as to the
principle; but as to that part of the resolution relating to the
time, I shall move for an alteration, as my colleagues and
myself think the period too short.

Mr. Fitzsimons. I was inclined to delay the business
until the afternoon; but from all that has been said, I believe
it must be the opinion of the House that it will be proper to
decide upon the first resolution before we adjourn. As to the
constitution itself, I believe the proper place for discussing
that will be in the convention, so that nothing need be added
on that head. If the time mentioned for the elections is sup-

40 The Convention Called.

posed improper, that may be accommodated to the gentle-
man's wishes by amendments.

The question, Will the House agree to the postponement?
was put, and only nine rose in favor of it. So it was deter-
mined in the negative.

Mr. Brackenridge. You will please to recollect, Sir, that
when I was up last I observed that one of the arguments of
the member from Cumberland might easily be obviated. As
that was an improper time to reply to him, I declined doing
it; but I mean now to enter on this subject, as I consider it
fully before us.

Mr. Whitehill interrupted him with saying he had said
nothing against the principles of the proposed plan, but that
we were not ready to take it up.

Mr. Brackenridge. The gentleman must suppose me a fool
to think I was going into a defence of the principles of the
new form of government. No, Sir, that I take to be seated
above either the reach of his arguments or information.

It is wholly upon another point I mean to remark. He has
said, if I could select what he said, that we ought not to take
up the present question nor adopt the resolution until we
heard from Congress ; and his argument was that this should
be left to a future House to complete. Now this I mean to
answer, and hope to show perfectly that neither premise or
conclusion is well founded. There is also another question
which seems to lie at the bottom of his argument, namely,
that it is necessary at the same time for the state to wait
until an improvement of the congressional government is
recommended by Congress. This, Sir, I conceive would be a
question lying at the bottom of the subject, which occupies
our present consideration. But I have not been able to dis-
cover any principle on which an idea of this nature can be
founded. What particular right have Congress to recommend
an improvement of the federal government? They may rec-
ommend, but I should suppose it comes under no part of the
authority delegated to them; and therefore that it was going
wholly out of the province assigned to them. I should sup-
pose it indelicate for the superior i)ower to solicit more. We

No Need to Wait for Congress. 41

know they are invested with the power of recommending by
the confederation; but who would recommend from that body,
that it should be gratified with more extensive power? I
should, I say, presume it must come from them, not with the
highest degree of delicacy. In the next place, taking it for
granted that it should come entirely from them, what is the
foundation or what must be the foundation of a recommenda-
tion of that nature? Is it because they have become sensible,
that the present powers are not sufficient to conduct the affairs
of the United States, and that a more vigorous and energetic
government became necessary ? Who ought to be the best
judges of this necessity? — men in Congress reflecting abstract-
edly, or the body of the people on this continent, feeling and
knowing this necessity? I therefore think it would be advis-
able to be guided in an alteration rather by this maxim than
by the other. If a thing. Sir, ought to be done, it is little mat-
ter whether it be from the reflection of Congress or the feeling
and sensibility of the people; and I own that I always feel a
contempt for those languid and trammeled sentiments which
move but like a piece of mechanism. And what are the con-
sequences of taking up the subject without waiting the result
of Congressional deliberation ? We lead the way, and do great
honor to ourselves in marking the road to obtain the sense of
the people on a subject that is of the greatest moment to them
and to their posterity. How did this business first originate?
Did Virginia wait the recommendation of Congress? Did
Pennsylvania, who followed her in the appointment of dele-
gates, wait the recommendation of Congress? The assembly
of New York, when they found they had not the honor of
being foremost in the measure, revived the idea of its being
necessary to have it recommended by Congress, as an excuse
for their tardiness (being the seat of the federal government)
— and Congress to humor them complied with their sugges-
tions. How it happened to take effect in the other states I
do not positively say; but I am rather inclined to believe it
was adopted from the influence of example, rather than from
the recommendation of Congress which happened to take
place in the interval between the sittings of the legislatures.

42 The Conveniion Called.

But we never heard that it was supposed necessary to wait
their recommendations. No such argument was made use of
on this floor when the law was passed. The delegates to the
convention were appointed without the recommendation -of
Congress, and they reported the result of their deliberations
to this House. What reason then is there for waiting any
longer to determine whether it is proper to call a convention
to consider of it or not? I don't see for my part what Con-
gress have to do with it; though doubtless I should not object
to waiting a few days to hear their opinion. This has been
done even until now, which is so near the close of our session
as to make a longer delay improper, therefore waiting their
recommendation is no argument for prolonging the consider-
ation of the subject before us. But there are certainly strong
reasons why we should call up and determine the question,
whether a convention should be called or not? The advant-
ages to the state are that it will be to her honor to take the
lead in adopting so wise a plan, and it will be an inducement
for other states to follow. We no doubt remember the influ-
ence the example of Virginia and Pennsylvania had in getting
a general delegation appointed, and that example will no
doubt as generally be followed in adopting the result, for it
is everywhere fully and sensibly felt that an alteration in the
federal government is requisite ; and I think there can be little
hesitation in agreeing to the resolution for calling a conven-
tion. As for the day of election, that is but a secondary con-
sideration, and may be determined when it comes before us.
We surely shall unanimously agree to the first resolution at
this time, for delay would argue a lukewarmness that must
be injurious to the cause. Every person who should hear we
had the subject ten days before us, and notwithstanding
avoided entering upon it, must conclude we are unfriendly to
it; and it will be cause of triumph to our enemies, who wait
only to see us refuse that government which alone can save
us from their machinations.

As it is fully in our power to appoint the mode and man-
ner of calling the convention, I hope gentlemen will turn
their thoughts, and say what is the proper time; for if it is

" /;? a State of Nature. ' ' 43

delayed until the next House, it will be some time far ad-
vanced into another year, before a convention can sit to ratify
the plan of our future government; by which means the force
of example would be for delay, and a measure so extremely
necessary would be left exposed or perhaps neglected, unless
the ardor of our citizens should induce them to do what our
timidity would decline. The influence which this state may
acquire by decision will be lost, and many of the advantages
lessened by an unnecessary delay.

Mr. Findley. I do not intend to reply to the arguments
used in favor of the present measure, but only examine the
ground on which we stand. When the question was on post-
ponement, I did not think it right that gentlemen should
have introduced the observations which they did, nor that
the manner of speaking which some used was proper. It was
only addressed to the passions, and in my reply I do not mean
to justify such language by using what may be similar. No,
Sir, I intend to address the judgment, and not the passions
of any man. I have no doubt but a convention might be CMlled^
and will be called. That it ought to be called^ and will be
called^ is seen so clearly, that I shall add nothing to enforce
it; therefore I take it that the propriety of calling a conven-
tion is not the question before us. After declaring my senti-
ments so far, I shall proceed. Sir, now to examine the
ground on which we stand: I believe we stand on federal
ground; therefore we are not in a state of nature. If we were
in a state of nature, all the arguments produced for hastening
this business would apply; but as we are not, I would observe
that the most deliberate manner of proceeding is the best
manner. But the manner in which this subject has been in-
troduced is an indeliberate manner, and seems to argue that
we are not on federal ground. The design of carrying this
through, I say. Sir, is a presumption that we are in a state
of nature. If that is the case, then it can only be proper to
use this expedition. What I mean, Sir, by a state of nature
is with respect to the confederation or union of the states, and
not any wise alluding to our particular state government.
Now my opinion is. Sir, that we are on federal ground: that

44 TJie Convention Called.

the federal convention was a federal convention; that it had
the powers of a federal convention, and that they were limited
to act federally; that they have acted agreeably to the limita-
tion, and have acted federally. I know by some of the argu-
ments which have been used that some gentlemen suppose
otherwise. Well then. Sir, we will have recourse to the con-
federation itself, and then to the law which appointed dele-
gates to the convention, and let them decide whether we are
on federal ground or not.

The sixth article of the confederation says: "No two or
more states shall enter into any treaty, confederation, or alli-
ance whatever between them, without the consent of the
United States in Congress assembled, specifying accurately
the purposes for which the same is to be entered into, and
how long it shall continue." It may be said this don't apply.
Well, let us examine what it says further in the thirteenth
article: "The articles of confederation shall be inviolably ob-
served by every state, and the union shall be perpetual; nor
shall any alteration at any time hereafter be made in any of
them, unless such alteration be agreed to in a Congress of the
United States, and be afterwards confirmed by the legislatures
of every state." Now, did we act in conformity with these
articles by passing the law appointing delegates to the con-
vention, or did we not? I say we did. I know the contrary
has been said, but let us have recourse to our own act. I
don't mean, as I said before, to reply particularly to any
arguments, but to establish the point that we have all along
acted upon federal principles, and that we ought to continue
federal, and I have no doubt but we shall. But what sa}'S
the preamble of the law? Hear our own words. Sir:
"Whereas, the general assembly of this commonwealth, tak-
ing into their serious consideration the representations here-
tofore made to the legislatures of the several states in the
union, by the United States in Congress assembled," etc.
It has been mentioned that we took it up in consequence of
Virginia's having engaged in the measure; and as the reasons
are only mentioned in the preamble, they may not deserve
much attention, but the second section of the law decides this

'"''In a State of Nature.'''' 45

point. The words are, after enumerating the persons, that
they are hereby constituted and appointed deputies from this
state, with powers to meet such deputies as may be appointed
and authorized by the other states to assemble in the said con-
vention at the city aforesaid, and to join with them in devis-
ing, deliberating on, and discussing all such alterations and
further provisions as may be necessary to render the federal
constitution fully adequate to the exigencies of the Union;
and in reporting such act or acts for that purpose to the
United States in Congress assembled, as, when agreed to by
them and duly confirmed by the several states, will effectually
provide for the same.

Now I consider it as a question of importance, whether we
are to take up the new constitution, as being in a state of na-
ture, or, acting on federal ground, whether we stand uncon-
nected or subordinate to the present confederation ; if we are
bound by that, it obliges us to continue on federal ground.
I should conceive that we are still bound by the confederation,
and that the conduct of the House has hitherto been federal ;
that the convention was federal, as appears by their appoint-
ment and their report to Congress. Did they, Sir, address
their report to this House? No, Sir, they did not. It is true.
Sir, we were honored with a report from our own delegates.
No, Sir, I retract the word — the delegates were honored; they
did themselves the honor of communicating the result of
their deliberations. But did the convention address this
House? No, Sir, they did not. They addressed Congress,
as they were ordered to do. Hitherto the business has been
in a federal channel, and this. Sir, is the first step that places
us upon unfederal ground. The report is before Congress,
and it is to be presumed Congress will agree to it; but has
such a length of time elapsed, as to induce us to suspect they
will not concur, or to justify our going into it without their
recommendation? We may act. Sir, without due delibera-
tion, and hurry on without consideration, but Congress will
not. I know the propriety of waiting to hear from them
must have weight with every member, and I ask every gen-
tleman in this House, will they take upon themselves to

46 The Convention Called.

doubt of the acquiescence of Congress, in order to furnish an
argument for dispatch ? If any will, let him say so, and take
the consequences upon his character. No doubt can be en-
tertained, but Congress will recommend, as the acquisition of
power is a desirable object with them. Their disposition
must be to promote the present plan, but they must wish to
preserve the appearance of decency on such a subject. I ask,
can any gentleman suppose but what Congress will come
readily into it? They who have been many years recom-
mending and requiring, nay, I may say, begging for such
powers as are now proposed to be given them, cannot change
their disposition, and decline receiving an increase. Well,
what does all this tend to prove? have we not all along been
a federal State, remarkably so? And shall we be the first to
step out of our way wantonly, and without any reason? Cer-
tainly we will not.

However, I suppose some gentleman will say, it is neces-
sary for Pennsylvania to show a ready compliance on the
present occasion — that it is absolutely necessary to supersede
the existing confederation. Why, Sir, we know that noth-
ing, no argument, no opposition, can withstand the plea of
necessity. Well, but the absolute necessity must arise from
the dangers we are in. Now where are any dangers to be
avoided, while Congress are going only through their usual
forms to recommend this measure? They must have time to
read and consider the plan; it must go through the usual
course of business. Circular letters must be prepared and
sent with authenticated copies of the new form of govern-
ment. I am of opinion all this will be done with proper
speed, and the communications will be made as soon as pos-
sible. Why send the plan to Congress at all, if we must act
upon it without their approbation ? If the present confedera-
tion is not adequate to the great national purposes, it is fair
to put it in competition with the proposed one. We know it
was framed by good and wise men, and so was this. Wise
and great men were employed in framing both. Nay, some
of the same men prepared them — but as time and experience
have shown a revision to be necessary, has it not been entered

'''Must Act Federally.'''' 47

into on federal ground? And will the State of Pennsylvania
quit this to answer the concealed purposes of those who urge
on the present measure? No, I hope not, — but they will
agree to leave it to another House, by which time the usual
formalities may be given it by the United States. Surely
Pennsylvania can take it up early enough to prevent any
damage that is feared. In doing so we act federally. What
are held out as inducements to act with such precipitation ?
As some members say the honor of being foremost; but I would
rather say the dishonor oi acting unfederally; and will any
federal purposes be answered by a breach of the confederation,
which can counterbalance the disgrace of being the first to
dissolve the union? And, Sir, it is not convenient that one
State should enter into this measure any length of time before
the others. This is one reason of waiting the recommenda-
tion of Congress — for then the new constitution comes offici-
ally and all are prepared to go hand in hand in perfecting the
work — but will a name justify us for a breach of faith un-
necessarily? and no necessity is alleged to justify the measure.
Sir, in acting the part I do in supporting federal measures, I
am justified by every citizen who will think with deliberation
on a subject of this importance. I have supposed the gentle-
men who support the resolutions before j-^du, have some
object in view which is not understood. I have a right for
such suspicion, or why was it delayed to the last but one day
of the sessions? We do not treat this subject which is
allowed to be of importance with any respect; we treat it
rather as a matter of no importance when we hurry it on in
this manner. Why, Sir, even the trifling business of ap-
pointing a prothonotary, or register, is made the order of the
day. Certainly then we treat this with indignity.

There must be some reasons for this, but though I cannot
see it, I may suppose it, and I would ask the gentlemen
whether it is that they may have the merit of promoting a
business which appears to be very popular; but will this con-
sist with our federal engagements? I would go further and
assign another reason against it, but I may be supposed to
touch it with indelicacy. It may be asked, was this House

48 The Co7ive7ition Called.

elected with a view of entering into matters of this import-
ance? I say this may be indelicate, as the House have
elected delegates to convention — but then, Sir, I have showed
they had that right by the articles of confederation, so that
the House so far did their duty. It is true they happened, in
their choice of delegates, to choose a number of their own
members, but in this they were also justified for one reason:
perhaps they thought them better judges of what would be
for the benefit of a State they regulated by their legislation.
I believe nothing was improper in this; but, I remember, it
was lamented that some persons were not chosen better to
represent the country interest. And it is these very men who
now come forward with the resolutions. They, no doubt, are
able to decide; but I think they should indulge others with
time for a like consideration — therefore, I hope they will
agree to let it lie over to the next House. I don't think that
it will be then too late, and few or none of the other States
can be forwarder than ourselves in calling a convention.

Mr. G. Clymer. We now, Mr. Speaker, have heard all
the commonplace arguments against adopting the federal
constitution; and among this mass of matter, what has the
gentleman attempted to establish? I think, Sir, it may be
reduced to these two points: first, that the legislature of
Pennsylvania is not adequate to calling a convention, though
generally desired; and the other is, that the measure of calling
a convention, if gone into, is anti-federal, and shows an im-
propriety in the conduct of the House, in not waiting the
result of the deliberations of Congress. Sir, I have as great
respect for federal measures, and for Congress, as that gentle-
man can pretend to. But waiting their report. Sir, I believe
will be to attend to forms, and lose the substance. A little
calculation will serve to demonstrate this, and show the im-
propriety of waiting the report of that body. At the same
time a due regard to decency has been had by postponing this
business to so late an hour. If this House order a conven-
tion, it may be deliberated and decided some time in Novem-
ber, and the constitution may be acted under by December.
But if it is left over to the next House, it will inevitably be

Delay of Congress not from Opposition. 49

procrastinated until December, 1788. No man, I presume,
would be willing that our union and existence should remain
so long- in jeopardy, or run the risk of a final ruin.

If this business is neglected by the present House, and suf-
fered to pass over to the next, it will undoubtedly have the
appearance of our being unfriendly to the new constitution,
or will be owning to the world that we are not willing to de-
cide in its favor. The gentleman supposes wrong, when he
says, that the reason for bringing it forward now is, that
Congress are not favorable to the measure. It originated on
no such apprehension; on the contrary, we know that Con-
gress are favorable, and I have been informed by a gentleman
of information, lately from York, that the members of Con-
gress were unanimous in approving it; but that the formality
which accompanies their decisions is of such a nature as to
require a longer time for making official communications.

The other argument, that it is unfederal to call a conven-
tion without the approbation of Congress, is not supported;
for he agrees, that should Congress disapprove, there is still
a way left of laying it before the people, which amounts to a
full proof that Congress is considered only as a vehicle to
communicate the information generally to the United States.
In this light the gentleman will find the convention ad-
dressed them; i-f he turns over to the resolutions accompany-
ing the constitution, it is there declared as their opinion, that
it should be addressed to a convention of delegates, chosen in
each State by the people thereof, under the recommendation
of its legislature; and when agreed to in such manner by nine
States, it shall then be in force. Thus we see there is no
power vested in Congress, to prevent the States going into it
separately and independently. The idea which he has taken
up, may be traced undoubtedly in the original confederation,
but he will not find it at all attended to by the convention.
Waiting to receive a recommendation of the measure from
Congress, must even by that gentleman be esteemed merely
as a compliment, which I think, by the delay already made,
has been fully complied with; so that I think little remains
but that the House patronize the calling a convention by
4

50 The Convention Called.

agreeing to the first resolution, and no man, I apprehend, in
favor of federal measures, will oppose this; and when the
second comes before us, we may determine the time for hold-
ing the election.

Mr. Robinson. The argument of the gentleman, who ob-
jects to the present measure, is not against the propriety of
calling a convention, but only that this is an improper time;
and it appears that he supposes farther, that we are not act-
ing consistent with our federal engagements in deciding on
this subject before it is recommended by Congress: because,
as he says, we quit the federal ground on which we have
hitherto trodden, and act as if we were in a state of nature
with respect to the confederation existing between the thir-
teen States. Now, Sir, I must oppose these arguments by
asserting, in the first place, that we have not acted hitherto
on federal ground ; that the appointment made by this House
of delegates to convention, was not federal, nor any one step
taken by us has been in conformity with the articles of con-
federation. And all this I think. Sir, I shall be able to prove
to your satisfaction, and to a full refutation of every pretext
which the gentleman from Westmoreland has set up to defeat
the proposed measure at the present. The gentleman has in-
troduced to your attention the thirteenth article of the con-
federation, and concludes from it that we are acting unfeder-
ally, if we do not wait their decision. Now I mean to prove
by this article, that we have not acted hitherto in conformity
with it — but that at the very first onset, we entered new
ground, and the articles of this confederation (it says) shall be
inviolably observed^ and the union shall be perpetual., nor
shall any alteration, at any time hereafter be made in any of
them, unless such alteration be agreed to in a Congress of the
United States and be afterwards confirmed by the LEGISLA-
TURE OF EVERY STATE.

From this is plainly inferred, that alterations ought to have
originated with Congress., and by them been recommended
to the several LEGISLATURES. Here is no provision for
leaving it to another body of men., to recommend alterations
to State Conventions — here is no provision for making an en-

Federal Convention not Called by Congress. 51

gagement binding, as soon as entered into by nine States as-
sembled in conventions. No, sir, the constitution proposed
is no alteration of any particular article of the confederation^
which is the only thing provided for. The federal conven-
tion did not think of amending and altering the present con-
federation, for they saw the impropriety of vesting one body
of men with the necessary powers. Hence resulted the neces-
sity of a different organization. America has been taught by
dear-bought experience, that she could never hope for
security or prosperity under articles of union that were no
longer binding than suited the convenience of each particular
state, and were slighted or contemned as petulance or caprice
dictated. America has seen the confederation totally inade-
quate to the purposes of an equal general government, inca-
pable of affording security either within or without. At-
tempts in vain have been made to obtain the assent of all the
States, to measures which have at one time or another been
agreed by them severally, yet retracted by some when a
prospect of success appeared. Hence resulted the necessity
of taking up this business on original ground. Hence re-
sulted the necessity of having again recourse to the au-
thority OF THE PEOPLE. Under this impression., Sir.,
the CONVENTION originated. Virginia passed a law appoin-
ting delegates to join with the delegates of such other
States as, influenced by her example, and convinced of the
necessity of having a more effective federal government,
should concur therein. Virginia, Sir, was not authorized by
Congress to make such appointment, nor did Pennsylvania
wait for that authority; but this reason, which is inserted in
the preamble of the bill, was thought sufficient to justify our
conduct, and was the real inducement for passing the law:
"And whereas the legislature of the State of Virginia have
already passed an act of that commonwealth, empowering
certain commissioners to meet at the city of Philadelphia, in
May next, a convention of commissioners, or deputies, from
the different States; and the legislature of this State are fully
sensible of the important advantages which may be derived
to the United States, and every of them, from co-operating

52 The Convention Called.

wifh the com7no7iivealth ofVirgmia^ and the other States of the
confederation, in the said design."

Finally, Sir, the recommendation of Congress was obtained
for calling the convention; but this was a power not vested
in them by any article of the confederation, under which they
ought to act. In this, Sir, they departed from that federal
conduct, which the member from Westmoreland, by mistake,
asserts has hitherto been pursued. Having, Sir, not hither-
to proceeded one step on federal ground, is it to be expected
that federal ground should now be resumed? But, Sir, if we
were to proceed under the most earnest recommendation of
Congress, to call a state convention^ we proceed contrary to
the principle laid down in the 13th article, which de-
clares the alteration must be confirmed by the legisla-
ture: so whether Congress recommend, or do not recom-
mend— if a convention is called^ (which every gentleman
agrees is proper) we act inconsistent with the articles of con-
federation. For is it any where said, that conventions of the
people shall be called to determine such alterations as are sub-
mitted by Congress? No, Sir, the legislatures are
to decide, and moreover, it must be confirmed by all of them
before it can have effect. Now is this a circumstance that
can be reasonably expected after the disunion and obstinacy
which has heretofore taken place? The new constitution de-
clares, when nine States concur, it shall be binding on them;
so that whatever way we proceed in, it must be clear we pro-
ceed without regard to the confederation.

With respect to the recommendation of Congress, I think
it is generally believed they will recommend, but it is only
mere formality that could require us to wait it — even was it
federal — which it is not. Let us suppose that Congress were to
refuse recommending, would it drop to the ground? And
suppose we decline calling a convention, will not the people
call one themselves? They surely will, and have an un-
doubted right so to do. And the only question before us is,
what advantage will arise from calling that convention now ?
The people who reside near the seat of government have gen-
erally applied to you to direct this affair — now should we

Calling a Convention not Unfederal. 53

treat their application with a silent neglect, it will argue
that the general assembly are unfriendly to a more federal
and eflfective government. If it should not carry that idea to
the people about us, who may have fuller information, it cer-
tainly will to the extremes of the State, and other distant
places. It will tend to damp that ardor, which the proposed
plan has universally inspired. The State of Pennsylvania is
of great weight, her influence would be extended, nor has she
ever relaxed her federal exertions; she would become still of
greater importance in the union, and her example on the pre-
sent-question may fix the liberty, prosperity and happiness of
united America, while sun and moon endureth.

A tardiness will lose us these advantages, and by referring
to another House, we may not see it effected until many
other States that have formed a better judgment of its impor-
tance, shall have acceded and eclipsed our fame.

Mr. Fitzsimons. I think too highly of the good sense of
this House, to suppose it necessary to say anything to prove
to them, that their agreement to calling a convention is not
nnfederal^ as every member must have fully considered the
point before this time; nor I do not think a single gentleman
supposes, that it would be unfederal — though the member
from Westmoreland has taken some pains to persuade us,
that Pennsylvania has been hitherto a federal State, and that
we are about to depart from that conduct, and to run before
even prosperity itself. I think it greatly to the honor of
Pennsylvania, that she deserves the gentleman's commenda-
tion, by having always stood foremost in support of federal
measures; and I think it will redound still more to her
honor, to enter foremost into this new system of confederation,
seeing the old is so dissolved or rotten as to be incapable 01
answering any good purpose whatsoever. Has the gentleman
ever looked at the new constitution? If he has, he will see,
it is not an alteration of an article in the old, but that it de-
parts in every principle from the other. It presupposes, Sir,
that no confederation exists; or if it does exist, it exists to no
purpose: as it can answer no useful purpose, it cannot provide
for the common defence, nor promote the general welfare.

54 The Convention Called.

Therefore, arguments that are intended to reconcile one with
the other, or make the latter an appendage to the former, are
but a mere waste of words. Does the gentleman suppose
that the convention thought themselves acting under any
provision made in the confederation for altering its articles?
No, Sir, they had no such idea. They were obliged, in the
first instance, to begin with the destruction of its greatest
principle, equal represe7itation. They found the confedera-
tion without vigor, and so decayed that it was impossible to
graft a useful article upon it; nor was the mode^ Sir, as pre-
scribed by that confederation, which requires alterations to
originate with Congress. They found at an early period,
that no good purpose could be effected by making such alter-
ations as were provided by the first articles of union. They
also saw, that what alterations were necessery could not be
ratified by the legislatures, as they were incompetent to or-
daining a form of government. They knew this belonged to
the people only, and that the people only would be adequate
to carry it into effect. What have Congress and the legisla-
tures to do with the proposed constitution? Nothing, Sir, —
they are but the mere vehicles to convey the information to
the people. The convention, Sir, never supposed it was
necessary to report to Congress, much less to abide their
determination: they thought it decent to make the compli-
ment to them of sending the result of their deliberations —
concluding the knowledge of that would be more extensively
spread through their means. Not that I would infer there is
the least doubt of the most hearty concurrence of that body;
but, should they decline, and the State of Pennsylvania
neglect calling a convention, as I said before, the authority is
with the people, and they will do it themselves; but there is
a propriety in the legislatures providing the mode by which
it may be conducted in a decent and orderly manner.

The member from Westmoreland agrees, that a convention
ought to take place. He goes further and declares, that it
must and will take place, but assigns no reason why it should
not early take place. He must know that any time after the
election will be proper, because at that time, the people being

Afr. Flndley Urges Delay. 55

collected together, have full opportunity to learn each other's
sentiments on this subject. Taking measures for calling a
convention in a very different thing from deciding on the
plan of government. The sentiments of the people, so far as
they have been collected, have been unanimously favorable to
its adoption, and its early adoption, if their representatives
think it a good one. If we set the example now, there is a
great prospect of its being generally come into; but if we de-
lay, many ill consequences may arise. And I should suppose,
if no better arguments are offered for the delay that what has
been advanced by the gentleman on the other side of the
House, that we will not agree to it. As to the time of elec-
tion, that has been all along conceded, and gentlemen will
propose such time as they think proper.

Mr. Findley. I wish to make a few observations, Sir, on
what has been said by the several gentlemen who support the
motion, and to offer some further reasons in favor of delay.
One gentleman says, it will be procrastinated, if laid over to
the next House, into another year — in that. Sir, I will agree
with him, if he means the beginning, but not if the middle
or latter end. The same gentleman says, that no one, in
favor of federal measures, would oppose it. Now, Sir, I pro-
fess myself in favor of federal measures, and I believe the
members of the House are generally so ; and it is for that very
reason that I wish to defer it, in order that we may accom-
plish in a federal manner. The gentleman further says, that
if Congress disapprove of it, there is still a way left of having
it adopted: but if Congress should disapprove — will it be con-
tended, that we have acted properly, in agreeing to a measure
without consideration. Congress certainly take no more
time than is necessary, and they must know how the legisla-
ture of Pennsylvania is circumstanced: they know we are
near our dissolution, and never can imagine that even if they
were to determine on recommending, that we have time to
decide on that recommendation.

As to what the gentleman from the county (Mr. Robinson)
says of the federal convention's not being a federal conven-
tion, I have but little to reply. I stated some facts to prove

56 The Convention Called.

they were a federal convention, acting under the confedera-
tion both by its injunctions and by the law. He charges
Congress also with not having acted agreeable to the confed-
eration; but he has not shown us why that body should wan-
tonly step out of the way, when, by the 13th section, they
were able to effect every alteration which was required. But
for my part, I think their conduct was federal, and their reso-
lution conformable to the confederation. Neglecting to adopt
the measure of calling a convention is said by him to carry
the idea of this state's being unfriendly to the proposed con-
stitution. But why should it have this effect? Is it not
known that the usual method of determining any matter of a
public nature is by a due consideration and repeated delibera-
tion conformable with our constitution? Can a hasty deci-
sion be expected? No; it is expressly prohibited. Why, then,
must it be inferred from delay that we are unfriendly?

The member from the city (Mr. Fitzsimons) says that every
member must have considered this subject. I will say that
every member has not considered it; for my part I have read
it over not with a view of considering it in this house, and as
for the object before us — I never thought of it at all, taking
it for granted that the session was so far expired that time was
not left to receive it from Congress or deliberate upon it. I
know that it is the province of the convention to consider of
the merits of the plan, and I suppose that they will have good
reasons assigned for their determination, whether it be to re-
ject or adopt it, so that I shall add nothing on this head.
The gentleman goes further, and informs us that the federal
convention did not act under the confederation, which he says
is dissolved and rotten, and they paid no respect to it in their
deliberations. I know this matter does not come properly
before the House, but. Sir, I cannot forbear remarking upon
these words. I should think it unwise to throw out the dirty
water. Sir, before we get clean. If the confederation is dis-
solved, there is no bond to keep us together even while we
deliberate on the new. But, Sir, our confederation is not dis-
solved, though it may be defective. We remember it was
framed in time of war, and every requisite for the time of

Mr. Findley Urges Delay. 57

peace may not have been adverted to; and we should remem-
ber it served, and served us faithfully, through a difficult and
protracted war. Let us, therefore, not censure it too highly,
as we have been advantaged by it, nor despise it, and say it
is dissolved and rotten: for. Sir, when I go into my new
house, I wait till it is finished and furnished, before I quit
the humble cabin that has served me many a cold and weary
day; and when I bid it an adieu, it is becoming to speak re-
spectfully of it, because it was true and faithful to the last.

Now with respect to the propriety of waiting the recom-
mendations of Congress, and vrhelher we are acting federally
or not, are questions, in my opinion, of high importance.
The gentlemen say also that the subject is important — but
how do they treat it? They treat it. Sir, as a trifle, whilst
we, by desiring due deliberation, treat it as important. Ask
the gentlemen. Sir, what they are about to do? They mean
to summon an election of delegates at so short a day, that
people have not the least time to consult together even on a
proper representation. Perhaps the city and county of Phil-
adelphia may have time stifficient, but no other can. If a
majority of the people of Pennsylvania are favorable to the
new constitution, how can they find out the sentiments of
those whom they wish to represent them? Perhaps they may
elect persons who will give it every opposition; and it may
be. Sir, that the very persons who are pressing this business
forward, do it to inspire a confidence that they are its sup-
porters, when they mean, if opportunity shall offer, to de-
stroy it. I ask the members of this House, Is it reasonable
to suppose proper time is allowed? Let every member ask
himself if the people can choose delegates with any kind of
judgment? The people generally are disposed to have a
government of more energy. How far the proposed one may
answer their idea, I think we ought to let them consider.
They have a right to think and choose for themselves. Shall
we then deprive them of their right? Surely not. Let them
then have time, and they no doubt will act right, and refuse
or adopt the plan of government held out to them.

Mr. Brackenridge. With respect to the expediency of im-

58 The Conve7ition Called.

mediate decision on this question, it has been sufficiently ob-
served, that the example of Pennsylvania would be a great
inducement to the other States to come speedily into its adop-
tion— on the contrary, a delay with us will occasion a delay
in the other legislatures. The gentleman allows we labor
under inconveniences by the present mode of government;
let his object then be to remove the difficulties and hasten
their termination, by a speedy application of the only remedy
the case admits of. I cannot see, Mr. Speaker, whence the
gentlemen (Messrs. Whitehill and Findley) are so averse to a
measure that the one owns is necessary and the other cannot
state a single objection against.

All efforts to restore energy to the federal government have
proved ineffectual, when exerted in the mode directed by the
13th article of the confederation, and it is in consequence of
this that recourse is once more had to the authority of the
people. The first step toward obtaining this was anti-federal;
the acquiescence of Congress was anti-federal; the whole pro-
cess has been anti-federal so far as it was not conducted in
the manner prescribed by the articles of union. But the first
and every step \\3iS federal^ inasmuch as it was sanctioned by
the PEOPLE OF THE UNITED STATES. The member from
Westmoreland pleases his fancy with being on federal ground,
pursuing federal measures, and being a very federal sort of
person; he concludes we are not in a state of nature, because
we are on federal ground. But, Sir, we are not on federal
ground, but on the wild and extended field of nature, unre-
strained by any former compact, bound by no peculiar tie; at
least so far are we disengaged, as to be capable of forming a
constitution which shall be the wonder of the universe. It is
on the principle of self-conservation that we act. The former
articles of confederation have received sentence of death, and
though they may be on earth, yet are inactive, and have no
efficacy. But the gentleman would still have us to be bound
by them, and tells you your acts must correspond with their
doctrine. This he proves. Sir, from the 13th article: but in
this he is like some over-studious divines, who in comment-
ing on their text, turn it to different shapes, and force it to
prove what it never meant, or in the words of the poet.

Mr. Whitehill U^-ges Delay. 59

As critics, learned critics view,

In Homer, more than Homer knew.

He will not suffer the old to be dissolved until the new is
adopted ; he will not quit his old cabin, till the new house is
furnished, not if it crumbles about his ears. But, Sir, we
are not now forsaking our tenement, it has already been for-
saken: and I conceive we have the power to proceed inde-
pendent of Congress or Confederation. But as to the second
object, whether the time is proper as stated in the resolution,
I do not say that it is, because I conceive it too short for sev-
eral counties distant from this city; but this subject will come
forward with propriety after the present question is agreed to.

Mr. Findley. The proposed plan is not now before us;
therefore we have nothing to say on that subject. But, Sir,
I would still suppose the old confederation is in existence —
the new says that when nine States agree, it shall be binding
on them ; — that is to say, we shall not go out of the old, until
the new is so far completed. Then, Sir, for my part I would
retire from under the old, but not till then, when I would
bid it an honorable and friendly adieu for its meritorious
services; then I would cheerfully pay that attention to the
new, which a more perfect edifice deserves; I would then
support or act under it, as occasion might require.

Mr. Whitehill. I shall make but a very few observations
on this business as enough has already been said, I apprehend,
to convince the house of the propriety of delay, if any consid-
eration can effect it. I believe. Sir, we are under the confed-
eration, and when we come to consider the articles of that
confederation, as well as the law passed appointing delegates
to Congress, we shall have reason to conclude that we are on
federal ground, and not in a state of nature. In the sixth
article it is expressly declared that no State shall enter into
any confederation without the consent of Congress; this is
sufficient to satisfy the house that they ought not to proceed
without the approbation of Congress. I say, when we come
to consider, that the States appointed delegates in consequence
of the recommendation of Congress, and that they reported to
Congress agreeably to their orders, every member must be

6o The Convention Called.

convinced that it is a federal measure, and this way of going
out of it must be contrary to all right and propriety. We
have articles of confederation, Sir, and we are bound by them.
We are acting. Sir, a very wrong part to deny this — they are
our government. They have the necessary powers by the
confederation, and I say their recommendation is necessary;
and unless we have it, nothing can be done toward establish-
ing the new constitution.

]\Ir. D, Clymer said the new constitution had nothing to do
with the present question which was simply. Will the house
take the proper means to have a convention of the people
called to deliberate on the propriety of receiving or refusing
the new plan of confederation?

The question was now put. Will the house agree to the
resolution? And the yeas and nays being called by IMessrs.
D. Clymer and Fitzsimons, are as follows :

Yeas. — Will, Fitzsimons, Clymer, Hiltzeimer, Gray, Rob-
inson, Salter, Logan, Foulke, Wynkoop, Chapman, Upp,
Moore, Willing, Ralston, Evans, Thomas, Wheelen, Lowry,
Hubley, Carpenter, Work, Ross, Clemson, M'Conaghy^
Schmyser, M'Clellan, Lilley, G. Hiester, Kreemer, J. Hiester,
Davis, D. Clymer, Trexler, Burkhalter, Cannon, Antis,
Brackenridge, Moore, Wheeler, Hockley, Risse, Carson — 43.

Nays. — Whitehill, Kennedy, Mitchell, Brown, Piper,
Powell, Dale, Findley, Barr, Wright, M' Dowel, Flenniken,
Allison, Phillips, Gilchrist, Smith, M'Calmont, Clarke,
Miley — 19.

After which the house adjourned till 4 o'clock in the after-
noon.

Eodein die^ p. m.

Mr. Speaker took the chair, when it appeared there were
but 44 members met, which, not being a quorum,

Mr. Wynkoop observed that the house had under their con-
ideration a business of the highest importance, and as he
remarked the absent members were mostly those who had
given it opposition in the forenoon, he suspected they had
withdrawn themselves by design, he would therefore move
that the Sergeant of Arms be sent for them. This being

No Quorum in the Assmbly. 6i

unanimously agreed to, the Sergeant was dispatched in search
of the following members of the general Assembly of Penn-
sylvania, namely :
From Cumberland — Robert Whitehill^ Thomas Kennedy^

David Mitchell.
From Bedford — -John Piper^ Joseph Powell.
From Northumberland — FredeiHck Antis^ (who voted in favor

of calling the convention), Samuel Dale.
From Westmoreland — William Findley^ James Bar.
From Washington — Alexander Wright^ John M'' Dowel^John

Flenniken, James Allison.
From Fayette — Theophiliis Phillips .^ John Gildnist.
From F^'ranklin — Abraham Smithy James AP Calmont.
From Dauphin — Robert Clarke a.ndi Jacob Miley.

The Speaker left the chair until the return of the Sergeant
at Arms, who was immediately examined at the bar of the
house.

Mr. Speaker. Well, Sergeant, have you seen the absent
members? Sergeant. Yes, Sir, I saw R. Whitehill, Ken-
nedy, Mitchell, Piper, Powell, Dale, Findley, Bar, Wright,
M' Dowel, Flenniken, Allison, Gilchrist, M' Calmont, R.
Clarke, Antis and Miley.

Mr. Speaker. What did you say to them? Sergeant. I
told the gentlemen that the Speaker and the house had sent
for them, and says they. There is no house.

Mr. Speaker. Did you let them know they were desired
to attend? Sergeant. Yes, Sir, but they told me they could
not attend this afternoon, for they had not made up their
minds yet.

Mr. D. Clymer. How is that? Sergeant. They had not
made up their minds this afternoon to wait on you.

Mr. Speaker. Who told you this? Sergeant. Mr. White-
hill told me the first.

Mr. Speaker. Where did you see them? Sergeant. At a
house in Sixth street; Major Boyd's, I think.

D. Clymer. You say Mr. Whitehill told you first there
was no house; who told you afterward? Sergeant. Mr.
Clarke said they must go electioneering now.

62 The Convention Called.

D. Clymer. I would be glad to know what conversation
there was among them, and who was there ? Sergeant,
There was a member of council with them, Mr. M'Laine, and
he asked me. Who sent you?

Mr. Speaker. Was no other person in the room? Ser-
geant. Yes, I saw Mr. Smiley there.

D. Clymer. Was there no private citizens? Sergeant. No,
Sir.

D. Clymer. There was none then but men in public of-
fices? Sergeant. No,

D, Clymer. Well; and pray what did the honorable Mr.
Smiley say? Sergeant. He said nothing,

D. Clymer. Could all the persons in the room hear Mr.
M'Laine's question. Sergeant, Yes, Sir.

D, Clymer, And did they seem pretty unanimous in their
determination not to come? that is, did it appear so to you?
Sergeant. Yes, Sir, as I understood it, nearly.

D, Clymer, Did you hear of any one willing to come?
Sergeant, No, Sir.

Sergeant, you may retire.

The Speaker now recapitulated the unfinished business,
and wished to know what the members would choose to do.

Mr. Wynkoop would be glad to know, if there was no way
to compel men, who deserted from the duty they owed their
country, to a performance of it, when they were within the
reach of the House. If there is not, then God be niercifid to

lis.

/ / /

Mr. Lowry believed there was a law to compel the absent
members to serve, which was passed in the year 1777; but
upon investigation, this law was found wholly inadequate,
and upon search it appeared, that the only penalty to which
such men were liable, was a forfeiture of one third of one
day's pay, being the sum of five shillings Pennsylvania cur-
rency; and this is inflicted under one of the rules for the reg-
ulation of the members' conduct.

Mr. Robinson. I believe. Sir, that punishment is not in
our power, nor can we compel their presence, so that we have
nothing left but to adjourn; but before this I would wish to

The Sergeant Sent After Mernbci^s. 63

make a few observations. This House, Sir, have this after-
noon agreed to call a convention of the people of this State,'
in order to deliberate upon a new form of confederation. I
would remark, that this business is not of such a nature as to
require a law to carry it into effect, it being merely to lay
down the mode by which the citizens may proceed in their
choice in a manner best suited to their convenience. This
business. Sir, is of that important nature to all the citizens
of the United States, that it must not be suffered to fail by
the secession of nineteen of your members — though sorry I
am that our journals are again to be stained by recording the
conduct of an unmanly minority. But passing this over, I
think there will be a propriety of meeting again, and under
our respective signatures recommend this measure to our con-
stituents. Fully impressed with the idea of its importance
and necessity, I cannot but strongly recommend its adoption,
and leave these men to suffer the stings of conscience, and
that contempt and displeasure of their constituents, which
they have drawn upon themselves.

Adjourned until to-morrow half past nine.

Saturday^ September .?p, A. M.

Mr. Speaker took the chair, and on calling over the roll, it
appeared there were but forty-four members present; namely,
all those who appeared yesterday, but Mr. Robert Brown
FROM Northampton, who has now withdrawn himself.
And by order, the Sergeant of Arms, accompanied by the
assistant clerk, was dispatched in pursuit of the seceding
members. But first Mr. G. Clymer presented to the chair the
unanimous resolution of Congress, which he said had been
agreed to yesterday, and was forwarded by Mr. Bingham to
him express, having chosen this mode in preference to the
ordinary conveyance by post. Whereupon,

The following resolution was read, and sent by the assis-
tant clerk to the seceding members, (as was observed by the
Speaker,) in order to remove that objection, which they had
taken yesterday against the measure.

64 The Convention Called.

The United States in Congress Assembled.

Friday, September 28, ijSj.

Present — New Hampshire, Massachusetts, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina,
and Georgia, and from Maryland, Mr. Ross.

Congress having received the report of the Convention lately assem-
bled in Philadelphia,

Resolved unanimously, That the said report, with the resolution and let-
ter accompanying the same, be transmitted to the several legislatures, in
order to be submitted to a convention of delegates, chosen in each State, by
the people thereof, in conformity to the resolves of the convention, made
and provided in that case. CHARLES THOMSON, Secretary.

The Speaker left the chair, and in a few minutes Mr.
James M'Cahnont and Mr. Jacob Miley entered the house.
The Speaker resumed the chair, and the roll was called,
when the following gentlemen answered to their names:
From the City of Philadelphia — Messrs. Will, Morris, Fitz-

simons, G. Clymer, and Hiltzeimer.
From the county of Philadelphia — Messrs. Gray, Robinson,

Salter and Logan.
From Bucks — Messrs. Foiilke, Wynkoop, Chapman and Upp.
From Chester — Messrs. /. Moore, Willing, Thomas, Ralston,

Evans, and Wheelen.
From Lancaster — Messrs. Lowry, Hubley, Carpenter, Work,

Ross, and Clemson.
From York — Messrs. M^ Conaghy, Schmyser, AF Clellan, and

Lilley.
From Cumberland — NONE.

From Berks — INIessrs. /. Hiester, Davis, and D. Clymer.
From Northampton — Messrs. Trexler, and Biirkhalter.
From Bedford — Mr. Cannon.
From Northumberland — NONE.
From Westmoreland — Mr. Bi'-ackenridge.
From Washington — none.
From Fayette — none.
From Franklin — Mr. J/' Cahnont.
From Montgomery — Messrs. /. Wheeler, C. Moore., Hockley.,

and Risse.
From Dauphin — IMessrs. F. Miley, and Carson.

J/' Cahnont Co7nplains of Violence. 65

Being 45, and with the Speaker 46, the number which
constitutes a quorum.

After reading over the minutes of yesterday.

Mr, Hockley presented a petition and memorial from forty-
three inhabitants of the county of Montgomery, desiring the
house would take the necessary measures to have a conven-
tion of the people assembled as speedily as possible.

Which was read, and ordered to lie on the table.

The Committee appointed to select such business from the
files of the House, as would be proper to recommend to the
attention of the succeeding General Assembly, made report,
which was also read, and ordered to lie on the table.

Mr. M'Calmont informed the house, that he had been
forcibly brought into the assembly room, contrary to his
wishes, this morning by a number of the citizens, whom he
did not know, and that therefore, he begged he might be
dismissed the house.

Mr. Lowry. I hope, as the gentleman says, he was forci-
bly brought, he will give some reason why force was neces-
sary to make him do his duty; and what reason can he give
now he is here, that should induce us to part with him again?
Surely his being brought by force and against his wishes, is
not a reason that he should be suffered to go off again.

Mr. Fitzsimons would be glad to know, if any member of
the house was guilty of forcing the gentleman from the de-
termination of absenting himself; if there was, he thought
it necessary that the house mark such conduct with their
disapprobation. But we are to consider. Sir, that the mem-
ber is now here, and that the business of the State cannot be
accomplished, if any one is suffered to withdraw: from which
consideration I conclude, it will be extremely improper for
any member to leave this house, until the laws and other
unfinished business, is completed.

Mr. Robinson. I believe my sentiments. Sir, are well
known on the subject of the new federal constitution, and I
yesterday declared my strong disapprobation of the conduct
of those members, who, by leaving the house, ha\-e forsaken
that obligation they owe their God, their country, and their
5

66 The Conventio7i Called.

conscience. But at the same time, that I decidedly condemn
their conduct, I would not wish to act by any means unfair,
in completing that business which they have neglected. No,
Sir, I consider that there are but forty-five members here, if
the gentleman is retained by compulsion. He cannot. Sir,
be detained against his will; and if the member is so callous
as to refuse the calls of his country to do her service, and for-
sakes his duty, when much is required, he must stand re-
sponsible to his constituents, and to his God, and must suffer
the general odium and reproach of every friend to decency or
order. But, Sir, we have no authority to confine him within
these walls; if any gentlemen suppose so, they will find upon
a due consideration, that their opinion is not well founded.
If any improper method has been used to bring him here,
and he is detained against his will, I do conceive we are not
a house.

Mr. Brackenridge. It may be a proper question for the
house to discuss, whether their officers by force have brought
this member here, or whether other members have by
violence compelled him. I suppose in either of these cases,
the house might have cognizance. But if the member has
been conducted by the citizens of Philadelphia to his seat in
the legislature, and they have not treated him with the re-
spect and veneration he deserves, it must lie with him to ob-
tain satisfaction, but not with us. The gentleman by
answering to his name, when the roll was called, acknowl-
edged himself present, and forms a part of the house. Well,
Sir, I conceive the question is, what is to be done now he is
here — for how he came here, can form no part of our enquiry.
Whether his friends brought him (and I should think they
could not be his enemies, who would compel him to do his
duty, and avoid wrong) I say. Sir, whether his- friends
brought him, or by the influence of good advice persuaded
him to come, and he did come; or whether to ease his diflS-
culty in walking to this room, they brought him in a sedan
chair, or by whatever ways or means he introduced himself
among us, all we are to know, is, that he is here, and it
only remains for us to decide whether he shall have leave of

Report of the Sergeant at Arms. 67

absence. Now, if the gentleman can show, that his life will
be endangered by staying with us (for I should think the loss
of health, on the present occasion, an insufEcient reason) we
may grant him the indulgence he asks for, waiving the whole
story of his coming, I presume the house can immediately
decide whether he may retire or not.

Mr. M'Calmont. I desire that the rules may be read, and
I will agree to stand by the decision of the house.

The rules were read accordingly, and it appeared, that
every member who did not answer on calling the roll, should
pay two shillings and six pence, or, if there was not a quorum
without him, five shillings.

Mr. M'Calmont then rose from his place, and putting his
hand in his pocket took out some loose silver, and said. Well,
Sir, here is your five shillings to let me go.

This ludicrous circumstance occasioned a loud laugh in
the gallery. And the speaker told him, that the person who
had been appointed to receive the fines, was not in his place;
but if he was, the member ought not to pay it, as he had not
broke the rule, which declared those persons only finable,
who did not appear and answer to their names; he had done
both, and therefore might retain his money.

Mr. Fitzsimons hoped the member would not be dismissed;
for he thought no one man ought to be allowed to break up
the assembly of Pennsylvania, which could be done agree-
able to constitution only by the time expiring for which it
was chosen.

The Sergeant at Arms and assistant clerk had, by this time,
returned from hunting up the seceeding members, and ap-
pearing in the house, the clerk was examined at the bar, and
related as follows:

I went. Sir, in the pursuance of your order, with the Ser-
geant at Arms, in search of the absent members. First, Sir,
I went to Major Boyd's, and there saw Mr. Miley and Mr.
M'Calmont. I informed them that the Speaker and mem-
bers present had sent me for them, and showed them the
resolution of Congress. They told me in answer that they
would not attend. Before I got from that door I saw Col.

68 The Convoitioii Called.

Piper and some other member, who I do not recollect, at a
great distance. I went after them to the corner of Arch and
Sixth streets. I saw Mr. Barr and Mr. Findley, Col. Piper
and some other member, going toward Marke tstreet. Mr.
Findley looked round and saw me^ as I supposed^ for he
mended his pace. I followed Mr. Piper and Mr. Barr, who
kept on to Market street, and soon turned the corner — before
I got there. / lost sight of Mr. Findley.^ ivho I supposed had
got into so7ne house. I went forward after Piper and Bar and
came up with them, and told them of the unanimous resolu-
tion of Congress, but they answered me in the same manner,
that they would not attend. From them I went to Mr, White-
hill's lodging, and saw a woman that I supposed to be the
maid of the house. SJie informed me that Mr. Whitehill was
tipstairs; she went up^ and staid sojtte time^ ivhen she returned
and told 7ne he was not at home. I saw also Mr. Clark and
Mr. M'Dowell in the street, and Mr. M'Dowell told me he
would consider of the matter, and he would do what he
thought just. I saw Mr. Mitchell at Mr. Whitehill's lodging,
and he said he would not attend. Mr. Dale and Mr. Antis I
found at their lodgings, and Mr. Dale told me he zvould not
attend. Mr. Antis said this resolution of Congress had not
come officially, and therefore he zvould not attend.

D. Clynier asked if Mr. M'Calmont had offered any excuse
when he was desired to attend?

Clerk. No, he said he had heard of the resolution of Con-
gress, but he zvould not attejid.

Thus ended the report of the clerk.

Mr. Logan entered into a long detail of the benefits and
advantages which would result from the adoption of the pro-
posed confederation, when several of the members desired he
would confine himself to the question. He went on to remark
that the member was a part of the house, he had answered to
his name, and after this it lay entirely with the house whether
they would dismiss him or no.

Mr. Robinson. I do not conceive the question to be,
whether he shall be dismissed or not; but as the doors are
open he may go out, and if he does he is only responsible to

Debate on Detainijig Af CalmoitL. 69

his constituents for his conduct. I conceive he cannot be
detained as in prison, and it rests with the gentleman whether
he will stay or not.

Mr. Wynkoop expressed some amaze at the argument of
the gentleman. The member, Mr. M'Calmont, had sworn to
do the duties he was delegated to; there had been nothing of
force in that, and he should not for his part think himself at
liberty to withdraw until the business was completed, nor
could he think any member ought. He would call on the
gentleman to assign his reasons for absconding from his duty
at the bar of the house, where he might be heard as to his
complaint; but the house could not be formed without him.

Mr. M'Calmont replied he was not to be called to the bar
of this house, he had to answer for his conduct at another bar.

Mr. D. Clymer was of opinion the member was within the
power of the house by being present, and instanced the case
of General Ganfell, who was arrested by the sheriff's officers
in a protected place. The determination of the judges was
that as he was taken, he should be confined until the debt
was paid, though he had his action for damages against the
officers who had broken the law of the realm in arresting
him. So he was for punishing every person who had ill-
treated the gentleman; however faulty his conduct was, it be-
longed not to individuals to punish, that was to be left to the
judges, who, no doubt, will see the law properly executed.

Mr. Fitzsimons was a friend to good order and decorum,
but he believed the gentleman's complaint was not to be
redressed by the house. The member himself had trespassed,
may be iuadvertedly, since he had taken his seat. He had
perhaps offered the greatest indignity to the legislature of
Pennsylvania, which could be offered. He has. Sir, tendered
you a fine of five shillings in order to be permitted to destroy
the business, if not the good government of the State. On
this. Sir, I will make no reflection; the member is now here,
and we may determine that he shall stay, not only on consti-
tutional ground, but from the law of nature, that will not
suffer any body to destroy its own existence prematurely.

Mr. Robinson. The question. Sir, is whether the member

70 The Convention Called.

shall have leave of absence. Now suppose the house deter
mine that he shall not, and yet he should attempt to with-
draw. Certainly you will not lock your doors. (Mr. Fitz-
simons interrupted with, Yes, Sir, if no other method could
retain him.)

This can't be proper, Sir, for it appears to me inconsistent
with the rules of every house to return a person as a membei
by compulsion. With respect to calling a convention, I ap-
prehend the recommendation of forty- four members will have
as good effect as if the consent of that gentleman was ob-
tained; for the citizens of Pennsylvania will not lose their
rights or liberty because nineteen members absconded this
house. But, Sir, I can't admit the idea that there is a house
while the member declares he is retained by compulsion, but
as long as he answers to his name and keeps his seat there
surely is a house.

D. Clymer would ask if the power to refuse leave of absence
did not imply a power to detain the person, and whether in
that case, if it was necessary to lock the doors, the house
would not be justifiable? An anecdote had occurred to him
which he would wish to communicate, though somewhat for-
eign. // was remarkable that three years back from yester-
day^ a similar session had taken place ; the satne number of
members^ 7iamely nineteen^ had then absconded^ and there was
the same number of laws ready to be compared at the table.

Mr. G. Clymer was decidedly of opinion, even had not the
gentleman submitted himself to the decision of the house,
that they were competent to use measures to compel his stay.

The Speaker now stated the question.

Mr. Robinson had all along agreed that the member was
in the power of the house, after answering to his name — but
he had supposed him to be held by compulsion, and if so,
then they were not a house.

Mr. M'Calmont now rose and made towards the door. Mr.
Fitzsimons addressed him, but so as not to be heard; and the
gallery called out stop him^ there being a number of citizens
at the door he went toward. The commotion subsided in a
few seconds, and Mr. M'Calmont returned to his seat to wait
the decision of the house.

M'' Cabnont not Excused. 7 1

Mr. Fitzsimons informed the Speaker that Mr. M'Calmont
had told him he had occasion to go out, and was willing to
go in company with the Sergeant at Arms; he thereupon
hoped the gentleman's wish might be complied with.

The Speaker put the question, Shall Mr. M'Calmont have
leave of absence? which was determined almost, if not quite,
unanimously in the negative.

The house now proceeded to compare and enact a number
of bills which were lying engrossed on the table.

On motion the house resumed the consideration of the un-
finished resolutions which were presented yesterday by Mr.
G. Clymer, when the one fixing the day for holding the elec-
tion of delegates to convention was read.

Mr. Brackenridge moved to insert the first Tuesday in
November to be the day throughout the State.

Mr. Wynkoop thought the last Tuesday in October would
allow sufficient time, but Mr. D. Clymer approved of the most
distant day. None of the gentlemen were anxious about the
week, and therefore agreed the question should be on the first
Tuesday in November.

Mr. M'Calmont thought this much too early, and moved
successively for the last Tuesday, the third Tuesday, and
second Tuesday in December, without being seconded.

The question was therefore taken on the first Tuesday in
November^ which was agreed to.

On appointing the place where the convention should sit,
it was proposed by Mr. M'Calmont to alter it from the city
of Philadelphia to Carlisle; but in this he was not seconded.
He then moved for Ivancaster, and after some time was sec-
onded by Mr. Lowry. The yeas and nays were called by him
on this question, and are:

Yeas. Lowry, Hubley, Carpenter, Work, Ross, Clemson,
M'Conaghy, Schmyser, M'Clellan, J. Hiester, G. Hiester,
Cannon, M'Calmont, Miley, Carson — 15.

Nays. Will, Morris, Fitzsimons, Clymer, Hiltzeimer,
Gray, Robinson, Salter, Logan, Foulke, Wynkoop, Chapman,
Upp, Moore, Willing, Ralston, Evans, Thomas, Wheeleii,
Lilley, Kreemer, Davis, D. Clymer, Trexler, Burkhalter,
Brackenridge, Moore, Wheeler, Hockley and Risse — 30.

72 The Conveiitzon Called.

So it was determined in the negative, and afterward the
resolution was agreed to as it stood.

Mr. G. Clymer now moved to insert these words in the
preamble: "And whereas Congress on Friday, the twenty-
eighth instant, did unanimously resolve that the said consti-
tution be transmitted to the several legislatures of the States
to the intent aforesaid." Which was accordingly done.

The resolutions were finally passed in the following form:

Whe;re;as, the Convention of Deputies from the several States composing
the union, lately held in this city, have published a constitution for the fu-
ture government of the United States, to be submitted to conventions of
deputies chosen in each State by the people thereof, under the recommenda-
tion of its legislature, for their assent and ratification; and.

Whereas, Congress, on Friday, the 28th inst., did unanimously resolve
that the said constitution be transmitted to the several legislatures of the
States to the intent aforesaid; and,

Whereas, it is the sense of great numbers of the good people of this State,
already signified in petitions and declarations to this house, that the earliest
steps should be taken to assemble a convention within the State, for the pur-
pose of deliberating and determining on the said constitution.

Resolved, That it be recommended to such of the inhabitants of the State
as are entitled to vote for representatives to the general assembly, that they
choose suitable persons to serve as dej^uties in a State convention, for the
purpose hereinbefore mentioned, that is, for the city of Philadelphia and
the counties respectively, the same number of deputies that each is entitled
to of representatives in the general assembl}'.

Resolved, That the elections for deputies as aforesaid, be held at the sev-
eral places in the said city and counties as are fixed by law for holding the
elections of representatives to the general assembly, and that the same be
conducted by the officers who conduct the said elections of representatives,
and agreeably to the rules and regulations thereof; and that the election of
deputies as aforesaid, shall be held for the city of Philadelphia, and the sev-
eral counties of this State, on the first Tuesday of November next.

Resolved, That the persons so elected to serve in convention shall assem-
ble on the third Tuesday of November, at the State House in the city of
Philadelphia.

Resolved, That the proposition submitted to this house by the deputies of
Pennsylvania in the general convention of the States, of ceding to the United
States a district of country within this State for the seat of the general gov-
ernment, and for the exclusive legislation of Congress, be particularly re-
commended to the consideration of the convention.

Resolved, That it be recommended to the succeeding house of assembly
to make the same allowance to the attending members of the convention as
is made to the members of the general assembly, and also to provide for the
extraordinar}' expenses which may be incurred by holding the said elec-
tions.*

*From the Minutes of the Assembly.

Address of the AIi7ioriiy of the Assembly. ^2)

The sixteen seceding members attempted to justify their
conduct, and issued the following address to their constitu-
ents:

An Address of the subscribers, members of the i.ate
House of Representatives of the Commonweai^th
OF Pennsylvania, to their constituents. *
Gentlemen: When in consequence of your suffrages at
the late election we w^ere chosen to represent you in the gen-
eral assembly of this commonwealth, we accepted of the im-
portant trust with a determination to execute it in the best
manner we were able; and we flatter ourselves we have acted
in such a manner as to convince you, that your interest, with
that of the good of the State, has been the object of our
measures.

During the fall and spring sessions of the legislature on the
recommendation of the Congress of the United States your
representatives proceeded to the appointment of delegates to
attend a convention to be held in the city of Philadelphia, for
the purposes of revising and amending the present articles of
confederation, and to report their proceedings to Congress,
and when adopted by them, and ratified by the several States,
to become binding on them as part of the confederation of the
United States, We lamented at the time, that a majority of
our legislature appointed men to represent this State who
were all citizens of Philadelphia, none of them calculated to
represent the landed interest of Pennsylvania, and almost all
of them of one political party, men who have been uniformly
opposed to that constitution for which you have on every
occasion manifested your attachment. We were apprehen-
sive at the time of the ill-consequences of so partial a repre-
sentation, but all opposition was in vain. When the conven-
tion met, members from twelve States attended, and after
deliberating upwards of four months on the subject, agreed
on a plan of government which was sent forward by them to
Congress, and which was reported to the house by the dele-
gates of Pennsylvania as mere matter of information, and

*From the Pennsylvania Packet, Oct, 4th, 1787.

74 The Convention Called.

printed in the newspapers of the city of Philadelphia; but the
house had not received it officially from Congress, nor had we
the least idea that, as the annual election was so near, we
should be called upon to deliberate, much less to act on so
momentous a business; a business of the utmost importance
to you and your posterity. We conceived it required the
most minute examination and mature consideration, and that
it ought to be taken up by the next house. Judge then of
our surprise on finding the last day but one in the sessions, a
member of the house who had been a delegate in the conven-
tion, without any previous notice or any intimation of his
intentions to the house, offer a resolution recommending the
calling a convention to consider of the proposed constitution
and to direct the electing members for the same, at so early a
period as the day of your annual election, thus attempting to
surprise you into a choice of members — to approve or disap-
prove of a constitution, which is to entail happiness or misery
forever, without giving time to the greatest part of the State
even to see, much less to examine, the plan of government.
Our duty to ourselves and our regard for your dearest in-
terests induced us to oppose the measure by every possible
argument that we could suggest at the time; but all our efforts
were insufficient even to produce a postponement until the
afternoon. We urged and urged in vain the constant prac-
tice of the house when any important business was to be
brought on, of giving previous notice and making it the order
of the day sometime beforehand; that no bill, however tri-
fling, was passed without three readings, and without this
formality which gave the members time and opportunity to
think on the subject; that the rules were adhered to so strictly,
that even the building of a bridge, or the laying out a road,
could not be determined on without this form; but this, the
most important of all matters, was to be done by surprise,
and as we conceived with design to preclude you from hav-
ing it in your power to deliberate on the subject. Our
anxiety for your interests was great, but notwithstanding the
fiimest and most determined opposition, no respite could be
obtained, and the first resolution was adopted by a majority

Address of the Minority of the Assembly. 75

of the house, when they adjourned till the afternoon to com-
plete the business. In these circumstances we had no alter-
native; we were under a necessity of either returning to the
house, and by our presence enabling them to call a conven-
tion before our constituents could have the means of informa-
tion, or time to deliberate on the subject, or by absenting
ourselves from the house, prevent the measure taking place.
Our regard for you induced us to prefer the latter, and we de-
termined not to attend in the afternoon. We conceived that
at the time we were chosen you had no view to this business,
and we could see no inconvenience nor loss of time from de-
ferring a matter of such importance, and which would in its
consequences ajBfect or perhaps annihilate our own constitu-
tion, as well as that of every constitution in the union, to a
house chosen after the people had some knowledge of the
plan, especially as the next house will meet at so early a
period, and a convention could be called by them time
enough to meet in a few months, which would be as early as
any State in the union, and would be allowing you time to
make up your minds on a matter which appeared to us to fe-
quire so much deliberation. Thus circumstanced and thus
influenced, we determined the next morning again to absent
ourselves from the house, when James M'Calmont, esq., a
member from Franklin, and Jacob Miley, esq., a member from
Dauphin, were seized by a number of citizens of Philadelphia,
who had collected together for that purpose, their lodgings
were violently broken open, their clothes torn, and after
much abuse and insult they were forcibly dragged through
the streets of Philadelphia to the State house, and there de-
tained by force, and in the presence of the majority, who had
the day before voted for the first of the proposed resolutions,
treated with the most insulting language; while the house so
formed proceeded to finish their resolutions, which they mean
to offer to you as the doings of the legislature of Pennsylva-
nia. On this outrageous proceeding we make no comment.
The inhabitants of Franklin and Dauphin have been grossly
insulted by the treatment of their members. We know the
feelings of the people of these counties are sufficiently keen ;

'j^ The Convention Called.

it becomes us not to add to them by dwelling longer on the
subject; but as our conduct may, and we have no doubt will,
be misrepresented, we thought it our duty to lay before
our constituents, to whom alone we are accountable, a real
state of facts, that they may judge for themselves. We need
not tell you that we could have no interested motive to influ-
ence our conduct. A sense of that duty which we owed to
you and to ourselves could have alone induced us to submit
to the variety of abuse and insults which many of us have ex-
perienced for not consenting to a measure that might prob-
ably have surprised you into a surrender of your dearest
rights. Our conduct has at least had the good effect to
lengthen out the time of election, and induced them to post-
pone the election for members to the convention until the
first Tuesday in November next; whereas, the resolution first
proposed directed it to be holden for all the counties east of
Bedford on the day of the annual election, nine days from
the time of proposing the measure. .

We cannot conclude without requesting you to turn your
serious attention to the government now offered to your con-
sideration: "We are persuaded that a free and candid discus-
sion of any subject tends greatly to the improvement of know-
ledge, and that a matter in which the public are so deeply in-
terested cannot be too well understood. A good constitution
and government is a blessing from heaven, and the right of
posterity and mankind; suffer then we intreat you no inter-
ested motive, sinister view, or improper influence to direct
your determinations or bias your judgments." Provide
yourselves with the new constitution ofiered to you by the
convention, look it over with attention, that you be enabled
to think for yourselves. We confess when the legislature ap-
pointed delegates to attend the convention, our ideas ex-
tended no farther than a revision or amendment of the j)re-
sent confederation, nor were our delegates, by the acts of as-
sembly appointing them, authorized to do more, as will ap-
pear by referring to the said act, the second section of which
describes their powers in the following words, viz.

"2. Be it enacted, and it is herebv enacted by the represen-

Address of the Minority of the Assembly. 77

tatives of the freemen of the commonwealth of Pennsylvania
in general assembly met, and by the authority of the same.
That Thomas Mifflin, Robert Morris, George Clymer, Jared
Ingersoll, Thomas Fitzsimons, James Wilson and Gouverneur
Morris, Esquires, are hereby appointed deputies from this
State to meet in the convention of the deputies of the respec-
tive States of North America, to be held at the city of Phila-
delphia, on the second day of the month of May next. And
the said Thomas Mifflin, Robert Morris, George Clymer,
Jared Ingersoll, Thomas Fitzsimons, James Wilson and
Gouverneur Morris, Esquires, or any four of them, are hereby
constituted and appointed deputies from this State, with
powers to meet such deputies as may be appointed and
authorized by the other States to assemble in the said con-
vention at the city aforesaid, and to join with them in devis-
ing, deliberating on and discussing all such alterations and fur-
ther provisions as may be necessary to render the federal
constitution fully adequate to the exigencies of the union;
and in reporting such act or acts for that purpose, to the
United States in Congress assembled, as when agreed to by
them, and duty confirmed by the several States, will effect-
ually provide for the same. ' '

You will therefore perceive that they had no authority
whatever from the legislature, to annihilate the present con-
federation and form a constitution entirely new, and in doing
which they have acted as mere individuals, not as the offlcial
deputies of this commonwealth. If, however, after mature
deliberation, you are of opinion that the plan of government
which they have offered for your consideration is best calcu-
lated to promote your political happiness and preserve those
invaluable privileges you at present enjoy, you will no doubt
choose men to represent you in convention who will adopt it;
if you think otherwise, you will, with your usual firmness,
determine accordingly.

You have a right, and we have no doubt you will consider
whether or not you are in a situation to support the expense
of such a government as is now offered to you, as well as the
expense of your State government? or whether a legislatiire

78 The Convention Called.

consisting of three branches, neither of them chosen annu-
ally, and that the senate, the most powerful, the members of
which are for six years, are likely to lessen your burthens or
increase your taxes? or whether in case your State govern-
ment should be annihilated, which will probably be the case,
or dwindle into a mere corporation, the continental govern-
ment will be competent to attend to your local concerns?
You can also best determine whether the power of levying
and imposing internal taxes at pleasure, will be of real use to
you or not? or whether a continental collector assisted by a
few faithful soldiers will be more eligible than your present
collectors of taxes? You will also in your deliberations on
this important business judge, whether the liberty of the
press may be considered as a blessing or a curse in a free gov-
ernment, and whether a declaration for the preservation of it
is necessary? or whether in a plan of government any decla-
ration of rights should be prefixed or inserted? You will be
able, likewise, to determine whether in a free government
there ought or ought not to be any provision against a stand-
ing army in time of peace? or whether the trial by jury in
civil causes is becoming dangerous and ought to be abol-
ished? and whether the judiciary of the United States is not
so constructed as to absorb and destroy the judiciaries of the
several States? You will also be able to judge whether such
inconveniencies have been experienced by the present mode
of trial between citizen and citizen of different States as to
render a continental court necessary for that purpose? or
whether there can be any real use in the appellate jurisdic-
tion with respect to fact as well as law? We shall not dwell
longer on the subject ; one thing however, it is proper you
should be informed of: the convention were not unanimous
with respect to men, though they were as States; several of
those who have signed did not fully approve of the plan of
government, and three of the members, viz. : Governor Ran-
dolph and Colonel George Mason, of Virginia, and Eldridge
Gerry, Esq., of Massachusetts, whose characters are very re-
spectable, had such strong objections as to refuse signing.
The confederation, no doubt, is defective, and requires

Reply of Some of the Majority. 79

amendment and revision, and had the convention extended
their plan to the enabling the United States to regulate com-
merce, equalize the impost, collect it throughout the United
States, and have the entire juristiction over maritime affairs,
leaving the exercise of internal taxation to the separate
States, we apprehend there would have been no objection to
the plan of government

The matter will be before you, and you will be able to
judge for yourselves. "Show that you seek not yourselves,
but the good of your country, and may He who alone has
dominion over the passions and understandings of men en-
lighten and direct you aright, that posterity may bless God
for the wisdom of their ancestors. ' '

James M'Calmont, John Gilchrist,

Robert Clark, Abraham Smith,

Jacob Miley, ■ Robert Whitehill,

Alexander Wright, David Mitchell,

John M'Dowell, John Piper,

John Flenniken, Samuel Dale,

James Allison, William Findley,

Theophilus Philips, James Barr.

Saturday^ Sept. ^p, ijSy.

To this address a dozen replies came forth immediately.
One was signed by six members of the Assembly, and ap-
peared in the Pennsylvania Packet for October 8.

Messrs. Dunlap and Claypoole.

Mr. Findley, Mr. Whitehill, and others, members of the
late General Assembly, making a disorderly secession from
the house, with intention to put an end to its deliberations
upon the subject of calling a State Convention, for the pur-
pose of considering the system offered for the general govern-
ment of the United States, they have, in a public address,
rested their justification on these two points:

ist. The irregularity of taking up the constitution framed
by the convention without the special permission of Con-
gress— the assembly having in the appointment of deputies
to the convention, proceeded but upon the recommendation of
Congress.

8o The Convention Ca'llcd.

3d. The unfitness of the deputies appointed — the ad-
dressers lamenting at the time when the choice was made,
that they were all citizens of Philadelphia, and none of them
calculated to represent the landed interest of the State.

Having been also members of the house, and competent to
judge with respect to these points of justification, we beg
leave to state all the necessary facts concerning them for the
information of the public.

As to the first — on a communication of the proposition of
Virginia, for holding a general convention, a bill for the ap-
pointment of the deputies was reported b}^ a committee, of
which Mr. Findley and Mr. Whitehill were members, and
passed into a law on the 30th of December last. The law,
as set forth in the preamble, stood upon ''''Representations
of Congress heretofore made^'''' and on the proposition of
Virginia; but the special recommendation of Congress, to
send the deputies to the proposed convention, made no part
of the preamble — this recommendation not having passed
Congress until the 21st day of February following, when that
body, for the first time, recognized the convention. In the
next session, on the 28th of March, a supplementary law
passed the house; but its only object was to add another
deputy to the number already chosen, and its only reference
was to the original act.

As the representations of Congress spoken of in the pre-
amble to the law, of the first session, were only such as had
been frequently made of the weakness of the general govern-
ment, and of the necessity that arose of endowing it with
greater powers, but gave no special license to the States to
send deputies to the convention proposed by the State of Vir-
ginia, it follows that in the appointment of the deputies, the
assembly acted independently of Congress or of its recom-
mendation. It is in vain, for the reasons before mentioned,
that the addressers attempt, by a general reference to the
transactions of both sessions, to cover their assertion upon
this head — it is an artifice more unworthy than the most
naked falsehood.

As little can be said in support of the second, their disap-

Reply of Some of the Majority. 8i

probation of the deputies, which a state of nominations and
votes will evince. The original intention of the house was
to send seven deputies, though afterwards that number was,
by the supplementary law, increased to eight. To supply
the seven places, twelve persons stood in nomination; they,
with the votes for each, were as follows:

*Jared Ingersoll, 6i; Charles Pettit, 25; ^Robert Morris,
63; *George Clymer, 63; *Thomas Mifflin, 63; Thomas
M'Kean, 26; John Bayard, 25; *Thomas Fitzsimons, 37;
*James Wilson, 35; *Governeur Morris, 33; Benjamin Frank-
lin, 10; William Findley, 2.

Of whom those marked with an * were elected.
As to four of these persons, there appears from the votes to
have been a general agreement, 63 being the number com-
posing the house; so that no real controversy took place but
as to the remaining three. Between these opposite three
then must have have lain the question with the house, with
respect to the fitness to represent the landed interest; and for
this they might all have been fit, except in the circumstance
of city residence, the candidates generally holding consider-
able landed property within the State, the whole body of
candidates, Mr. Findley excepted, being inhabitants of Phila-
delphia; and as to that gentleman, the solitary nominee from
the country, he seems then, from the state of the votes, to
have been out of the question, which is the more extraordi-
nary, if, as the addressers must be understood, a country resi-
dence was indispensable to represent the landed interest of
the State.

But the truth is, that at the time of election no such lamen-
tation was made by the sixteen or any others that the candi-
dates were citizens of Philadelphia, or otherwise unqualified
to represent the landed interest; for it is well known, that
both Mr. Findley and Mr. Whitehill were of opinion that the
choice should be confined to the city of Philadelphia and its
neighborhood, as it would not be convenient for persons liv-
ing at a distance to attend a convention; the former declar-
ing a seat there would not suit him, which, perhaps, may ac-
count for the fewness of his votes.
6

82 The Convention Called.

This being the state of facts relating to these points, can
we suppose a depravation of mind equal to such impositions
and deceptions, or ought we not rather to suppose, in these
instances, that the addressers were not at the pains to read
what was prepared to their hands?

It is urged, in argument against the house, that the depu-
ties having exceeded the terms of their powers, the sys-
tem they agreed to ought not to be taken up. It is not easy
to determine to what the powers of the deputation from
Pennsylvania, and from the other States (for they are in the
same predicament), did really extend; but any argument
brought from an excess in the exercise of the powers against
the object of them cannot be that of good sense or integrity.
A man of understanding, or a good patriot, will examine
only whether or not the system actually offered is calculated
to better the condition of our country. Indeed one would
think, the system being no more than a proposition, which
none are bound to yield to, though all ought to consider, that
the convention have not really transgressed their powers:
they certainly might make whatever propositions they pleased.
The addressers resent the harsh treatment of the house to
the two of their body who were forced back to their seats, by
some of the citizens from without. They suffered no such
treatment; on the contrary, the house showed a wonderful
good temper on so provoking an occasion. When a misde-
meanor had been committed of a kind which, though it has
hitherto escaped even the slightest punishment, is deserving
of the highest. When the addressers had by their conduct
violated the first condition of all political society, which
obliges the few to give way to the many. When they had
ofiended in the double capacity of citizens of the United
States and of Pennsylvania, in setting a dangerous example
of riot and turbulence to the continent; and, as much as lay
in their feeble means, attempting to dissolve the government
under which they live.

William Will, Jacob Hiltzheimer,

Thomas Fitzsimons, Daniel Clymer,

George Clymer, William Robinson, Junr.

A Mock Protest. 83

Dr. Franklin's not having been chosen at the first elec-
tion, was owing to a misunderstanding among the members
with respect to his willingness to serve; but on better infor-
mation, in the next session, it was the unanimous desire of
the house that he should be added, which gave occasion to
the supplementary law.

Philadelphia, October 6, 1787.

Another was a mock protest entitled:
The Protest of the Minority, who objected to cali.-
ing a convention for the purpose of adopting the
federai. constitution. *
Dissentiejit.

1. Because, by the diminution of the power of the State of
Pennsylvania, we shall have fewer officers and smaller sala-
ries to bestow upon our friends.

2. Because, like the declaration of independence, the meas-
ure, if a right one, is premature.

3. Because the new federal constitution puts an end to all
future emissions of paper money, and to tender laws, to both
of which many of us owe our fortunes, and all of us our pros-
pects of extrication from debt and exemption from gaol, or
the benefit of the bankrupt law.

4. Because, by the new constitution of the United States,
we shall be compelled to pay our taxes . . . whereas we now
pay nothing towards the support of the government, and yet
are handsomely supported out of the State treasury.

5. Because, the new constitution was not submitted to the
consideration of the anti-federal junto in Philadelphia, before
it was sent to Congress, to each individual whereof America
is under greater obligations than to General Washington.

6. Because, by the 6th section of the ist article of the Con-
stitution of the United States, it is made impossible for per-
sons in power to create offices for themselves, or to appoint
themselves to office. This we conceive to be an evident de-
parture from the free and excellent constitution of Pennsyl-
vania, by which it is lawful for assemblymen and councillors

* Pennsylvania Gazette, Oct. 3, 1787.

84 The Conve7itio}i Called.

to appoint themselves or their sons to all, or to any of the
offices of the State.

7. Because a disaffected member of the federal convention
from Virginia, in a closet conversation with R. Whitehill,
disapproved of the federal government, and we hold it to be
our duty rather to follow his advice, than the inclinations of
our constituents.

8. Because, from the power claimed by the new constitu-
tion, Congress will have a right to suppress all "domestic
insurrections" in particular States, by which means we shall
be deprived of the only means of opposing the laws of this
State, especially laws for collecting taxes.

F y, W 11 & Co., Major B d's cellar, Sept. 29,

1787.

A local poet furnished the following :

Duetto.*
Sung by W — h-ll and F — dl--y, accompanied by G — e B — n with a Vio-
lincelo. — Tune Darby, in the Poor Soldier.

I.
Though rascals and rogues they may call,

Right toll loll, etc.
Yet now we may laugh at them all ;

Right, etc.
' Twas well we escaped with whole bones,

Right, etc.
For we merited horsewhips and stones,
Right, etc.

2.
In troth we have cut no great dash,

Right, etc.
Run away and not compass the cash,

Right, etc.
I am sure 'twas a damnable shame.

Right, etc.
But on fear we may lay all the blame,
Right, etc.

3-
They may call us the glorious sixteen,

Right, etc.
Such glory I wish I'd not seen ;

Right, etc.

* Independent Gazetteer, Oct. 5. 1787.

Address of ' '■Independent Citizen. ' ' 35

For of all rogues tlie greatest we are

Right, etc.
That ever smelt feathers and tar,

Right, etc.

4-
Then quietly let us jog on.

Right, etc.
Drink in comfort our whisky grog strong,

Right, etc.
Rejoice that we 'scaped without evil,

Right, etc.
And go as we ought to the devil.

Right, etc.

But more serious addresses were called forth, of which the
following were the most important :

Fellow Citizens : *

Upon perusing the address of sixteen of the seceding
members of the late General Assembly to their constituents,
I was much surprised to find, that they had so far lost all
sense of their own dignity, as representatives of a free people,
as basely to assert what I am informed are absolute false-
hoods with respect to the conduct of those citizens, who did
them the honor to conduct them to that house. The manner
in which they endeavored to interest the feelings of their
constituents in the supposed insults offered, and fancied
wrongs done them, must convince every impartial mind, that
they were aware of the impropriety of their own conduct, and
fearful lest the good sense of their constituents should doom
them to future neglect if a true state of facts should reach
them. They knew full well that first impressions are, gen-
erally, the strongest, and that injuries or insults offered the
representatives of any part of the community, could not but
deeply interest that part in their favor — they knew these
things, and they wisely determined to be beforehand with
their opponents.

But let us candidly examine into the conduct of both par-
ties in this affair, and let us not fear to censure where blame
is due. What were the reasons which induced the seceding

* Independent Gazetteer, Oct. 9, 1787.

86 The Convention Called.

members to swerve from that duty wliicli they owed their
constituents — from that duty which they owed themselves.

The first grievance which they complain of is, that there
were no country members in the delegation of this State to
the late convention. What occasioned this circumstance I
presume not to say, although I have no doubt that the house
by which they were appointed had ample reason for this part
of their conduct, and such reason as would be perfectly satis-
factory to the State at large. Their next complaint appears
to be, that the House of Assembly did not wait for Congress
ofiicially to recommend to them the calling of a convention
upon this great and truly interesting occasion ; but they are
not candid enough to mention, that an express arrived to
them from that body (whilst that very business was yet be-
fore them) earnestly recommending the very mode of con-
ducting this important affair which the assembly had had in
contemplation, and which they have since adopted. From
this statement of the case, our representatives in the General
Assembly do not appear to have acted improperly, and the
progress they had made in the business before they were offi-
cially called upon, is rather deserving of praise than censure;
for it shows that they attended to the call of duty, without
reflecting whether it might turn to their private emolument
or not.

What good could have resulted from delay, or why should
a calling of a convention require so much deliberation? No
good I am bold to say could have been derived from the post-
ponement, but much evil might have resulted from such a
measure — and certainly no one will hesitate to say that the
representatives of a people convened for the express purpose
of examining a constitution proposed for the acceptance or
refusal of the citizens of the United States, will be fully com-
petent to the task assigned them, and be as much possessed
of the confidence of their constituents as any assembly, which
they might choose at any future day. But is it not probable
that the seceding members might have had something else in
view which they wished to give the appearance of public
good ? As an individual I must acknowledge that I think

Address of '''' Independent Citiseny 87

they had, and I fully believe that every candid man, and
every impartial observer of public transactions and party
cabals, will join me in this acknowledgment. For it is too
evident from the meeting of the junto at a certain clergy-
man's house in the neighborhood of the university, as well
as from the frequent passings of one of the judges of the su-
preme court from that house to the lodgings of Mr. W ,

not long since, when Sunday's dinner was given by that
clergyman to a chosen few, that private interest was deeply
concerned in the decision, and that a scheme was laid to im-
pose upon our fellow citizens in the back as well as neighbor-
ing counties, that by sowing dissensions amongst us, they
may save from deserved censure and disgrace, those poor tools
who had shown themselves ready to encounter the displeasure
of all good men, to forward the sinister views and wicked
designs of a wretched faction.

After much pretended regard for your interests (which by
the bye is a convenient cloak for their ruinous, and I may
add, detestable schemes) they wish to excuse their conduct in
attempting to break up the house, at this important crisis, by
asserting that they had no alternative left, that they must
either abandon your interests or break up the house. But
how would they sacrifice your interests by calling of a con-
vention? It is true, that they are conceited enough to
imagine, that you are not able to form a judgment without
their assistance; and they treat you like children who must
be closely watched, to prevent them from injuring them-
selves; at the same time, they do not neglect this opportu-
nity of filling your ears with complaints against the citizens
of Philadelphia, for injuries and insults offered you, as they
pretend, through them your representatives. But the fact
appears very different from what they have stated it to every
impartial mind, and I have not the least doubt but that you
will judge, upon calmly considering the action which hath
excited their spleen, that the persons complained against by
them, were induced by motives of necessity, and public good
to exert themselves in bringing your servants as well as theirs,
to that duty from which they had disgracefully absconded.

88 The Convention Called.

They wish to prejudice you also agaiust the house of assem-
bly, by representing their conduct as illegal, and of course
insinuating, that you ought not to consider yourselves bound
by their resolves for calling a convention. They must cer-
tainly have thought differently upon this subject, or at least
those two who were conducted to that house, and who have
joined in the address to you; for they made motions and pro-
posed alterations in the same manner as they would have
done, if they had considered that house, as it most certainly
was, legally and constitutionally formed.

Shortly after they discover a little more of their true senti-
ments, and throwing off the mask, which they have worn too
long for your good, discover themselves to be much opposed,
nay utterly averse, to the constitution proposed by the con-
vention. And in declaring the delegates from this state no
ways authorized to accede to the constitution proposed, by
the act of assembly in which they were appointed, they inju-
diciously point out what they would wish to conceal and
discover as the author of their piece and as their prime mover
and adviser upon all occasions, an hackneyed attorney, and
an unnecessary judge.

Little do their constituents imagine that they are paying
men to answer private purposes, and that the alarm which is
sounded arises to seceding members from their fears that the
offices under this commonwealth will be made less lucrative,
and, instead of being confined to one party, will be more re-
gularly diffused through the community. The}^ fear lest
their particular friends in this city, by being found unworthy
of the posts they fill, should no longer eat the bread of idle-
ness or riot in the spoils of their fellow-citizens; and that the
Trenton hero, who mistook the march of his battalion, and
claimed the place of vendue-master of this city, in a long
parade of imaginary services rendered the state, should no
longer fill offices for which he is totally unqualified.

They also fear for the descendants of their masters, and they
lament that the great man in embryo, whose strut has long
since announced his self-importance, will no longer have an
opportunity of occasioning to disappear from the files of the

Pelatiah Webster's Pamphlet. 89

house, such papers, as like the petition or rather demand of
the Trenton hero, show their authors in their proper colors as
vain, as useless, and as ignorant tools.

They declare themselves apprehensive that the constitu-
tion of this State should dwindle into a corporation, and
that the Congress of the United States should levy contribu-
tions by an armed force, instead of collecting taxes by muni-
cipal officers. What part of the constitution offered to you
gives them such a power? I am bold to say that there is no
part, and that they have not the slightest apprehension of the
kind. The fear that paper money, that engine of oppres-
sion, should be banished the land, and that honest industry
should rise superior to fraud and deceit, makes them anxious
of reserving the power within their own hands of defrauding
the widow and the orphan, and of keeping persons better
principled than themselves, within the humble limits in
which they had rather move than rise to power and to wealth
by disreputable means. The concluding prayer, I will ven-
ture to assume, as I am sure that if that is attended to, they
will forever be neglected. ' ' Show that you seek not your-
selves, but the good of your country, and may He alone, who
has dominion over the passions and understandings of men,
enlighten and direct you aright, that posterity may bless God
for the wisdom of their ancestors."

An Independent Citizen.

The Independent Citizen, following the custom then in
vogue, never made known his name. But another citizen,
quite as independent, who replied to the address of the dis-
contented sixteen, thought his work good enough to own and
republish after the constitution had been adopted, and the
"new roof" firmly set up. He was Pelatiah Webster, well
known for his essays on Free Trade and Finance, and his
pamphlet he called : Remarks* on the Address of Six-

* These remarks were printed in pamphlet form by Eleazer Oswald.
They were subsequently included in a volume of Essays Mr. Webster pub-
lished in 179-, and to them he then appended the following note :

"When the new constitution was laid before the Assembly of Pennsylvania,
in September, 1787, a resolution passed tlie House (forty-three against nine-

90 The Convention Called.

TEEN Members of the Assembly of Pennsylvania to

THEIR constituents, DATED SEPTEMBER 29, 1787. WiTH
SOME STRICTURES ON THEIR OBJECTIONS TO THE CONSTITU-
TION RECOMMENDED BY THE LATE FEDERAL CONVENTION.

1. The sixteen members, as appears by their own showing,
are a minority of the assembly, belonging- to a party which
is strongly overruled by a great majorty of the house, and
very much out of humor.

2. They were duly appointed members of the assembly,
had accepted the trusty and were solemnly sworn to discharge
the duties of \t faithfully and to the best of their abilities.

3. That at a crisis of great importance in the assembly,
they deserted their station.^ abdicated their diity^ and refused
their attendance in the house, with the most explicit and
avowed intention to put an absolute stop to any business of
the house, which was a contrivance not only ineaii and infa-
mous^ a trick below the dignity of members of that house,
but ruinous to the public councils^ and might in effect annihi-
late the assembly itself; for our constitution requires two-
thirds of the members elected to make a quorum of the house,
and of course if every member elected was in the house
(which very rarely happens), a minority of one more than a
third, or (as very frequently happens, where a bare quorum,
or perhaps two or three more, attend in the house) one single
member, or at most three or four, by deserting the house,

teen) to call a convention to consider it, etc. Sixteen of the dissentients
published an address to their constituents, dated September i'] , 1787, stating
their conduct, and assigning the reasons of it ; but as there was very little
in all this affair that reflected mucli honor on the dissefiting members or on
the State to which tliey belonged, and nothing that could affect or concern
anybody out of that State, I have here omitted my remarks on all of it, but
ttieir objections to the new co7istitution itself, which being of general conse-
quence to the States, inasmuch as that constitution (with a few amendments
since adopted) is the same which now exists in full establishment through
the Union, I therefore here insert, I say, their objections and my remarJzs on
thevt, and leave out all the rest as matter of local concern at that time, but
like to be little interesting to the public in general at this or any future
time."

A copy of the original pamphlet is in the Boston Athenaeum, and the
librarian, Mr. Cutter, has kindly had copied the portions omitted in the col-
lected Essays, and has collated the text with the original.

Pelatiah Webster's Pamphlet. 91

might leave less than a quorum behind, and of course render
them incapable of doing business; this might be continued
through the year, which would in effect annihilate the house,
and of course the whole State would be deprived of all benefits
from their assembly.

Had our sixteen members attended their duty in the house,
they might by their arguments have convinced their oppon-
ents, or might by the reasoning of their opponents have been
themselves convinced, or might at least have obtained some
valuable amendment; which is a benefit they claim the honor
of, though only two of them attended the house, when the
amendment was made.

4. It further appears by their own showing that two of
their number were ywr«';^^ dragged to the assembly, and there
detained by force ^ i. e. they were compelled by force to attend
their place and duty in the assembly, and were not suffered
to run away again, till their duty was done. That they re-
ceived any other force, insult or dragging, than a simple com-
pulsion to attend their duty, I suppose is not true; but this I
allow to be a considerable dishonor, and a very trying morti-
fication; for it is certainly very dishonorable and insulting to a
dignified character to be publicly /o7^ced along the streets.^ and
co7npelled to attend on that duty, which honor and character
ought to induce him to do voluntarily without any force at all.

However, I conceive the dishonor in this case does not con-
sist in the force and insult offered by the citizens to the
deserting members, so much as in the demonstration which
the circumstance affords, that their own interjtal honor and
sense of character was not sufficient to induce them to do
their duty without the assistance of some external compul-
sion.

Whether compelling people to do their duty is a breach of
peace and violation of law, must be left to the proper court to
determine ; but I conceive that it can never be deemed a
damage to any man to be compelled to do his duty, and of
consequence no dajnages can be given in such a case.

This was not the first time that the same party availed
themselves of this fatal artifice, to obstruct the business of

92 The Convention Called.

the assembly, and compel the house to break up, and leave
much very important business unfinished; and our citizens
were determined not to sufier the like again, and the exer-
tions of private citizens became in a manner necessary, foras-
much as our constitution provides no remedy against such an
intolerable abuse of the public trust and confidence. I per-
ceive that the framers of our constitution never once imag-
ined that members of a Pennsylvania assembly could ever be
guilty of such scandalous artifice, and, therefore, thought it
needless to insult and wound the honorable feelings of their
constituents by any provision or remedies against such pitiful
tricks.

But all this notwithstanding, it is possible perhaps that a
case may happen of an assembly mad enough to run on in
full career in forming some act of a nature so absurd, and of
consequence so ruinous, that some indirect methods of sus-
pending or stopping their proceedings, might be justified.
This brings me to the object which induced them to sacrifice
all character and regularity of business, overleap all bounds,
and strike at one blow the great council of the common-
wealth into a state of perfect inaction. By their own show-
ing.

5. It appears the great object, the great motive of this des-
perate step was to render inefiectual a resolution of the house
(carried by 43 against 19), "recommending the calling a con-
vention to consider of the constitution proposed by the Fed-
eral Convention, and to approve or disapprove the same."

It is here to be noted that they all agreed that such a con-
vention ought to be called, and their only objection was that
the time proposed was too soon, because the people had not
time to make up their minds, i. e. : i. To consider and judge
whether the constitution was a suitable one or not ; and, 2.
To pitch on suitable persons for delegates to the convention.

The first of these reasons was nugatory, because it was
confessed by all, that a convention was to be called, and this
was the only way of knowing whether the constitution would
be approved by the people or not; for this was the only
method agreed on by all parties of collecting the sense of the

Pelatiah Webster* s Pamphlet. 93

people, and the convention could not be straitened for time
to consider enough; because, when met, they would be at
liberty to take as much time as they pleased.

The second reason is as trifling as the first; for the great
characters in every part of the State suitable for such a trust,
would be as well known to the people on the day of election
proposed, as they would be three or six months afterwards.

To these reasons for delay were opposed the weightiest rea-
sons for expediting the matter, because the whole Union,
both in their domestic and foreign interests, suffered very
great evils for want of a good constitution and energetic gov-
ernment: all which evils and mischiefs ought to be remedied
as soon as possible. The mode of remedy first to be consid-
ered was the proposed constitution ; if that was approved, we
ought to proceed to execute it, without any needless delay;
if it should be disapproved, something else must be adopted,
and the pressing necessities of all the States are so great, that
no time ought to be lost. But their surprise and reasons
against the precipitate haste of the assembly in calling the
convention, does not give all the heart and all the feelings of
the sixteen members. They are greatly dissatisfied with the
constitution proposed, and use every coloring, every artifice,
and every argument they can devise to prejudice everybody
against it; and in this they are very open and candid, and
this part of their address certainly deserves our attention
much more than all the rest.

As a kind of preface to their objections, they complain of
the appointment of our delegates to the Federal Convention,
and lament: i. That none of them are calculated to represent
the landed interest. I do not know how this can be, for the
delegates own more land, that is, they possess more real es-
tate on an average, than any eight of the sixteen complain-
ants, and are as good economists in the management of it,
and, for aught I know, are as much attached to it as any of
them. 2. Their second lamentation is more weighty, viz. ,
that almost none of them were of their party, for that I take
to be their meaning, when they say that almost all of them
were of one political party ^ and were opposed to the constitu-

94 The Convention Called.

tion ofPennsylvajtia^ which most certainly needs great amend-
ments in the opinion of almost everybody.

3. They further suggest that our delegates in convention
exceeded their powers, which were to make and report such
alterations 2inA further provisions in the federal constitution,
as would render it fully adequate to the exigencies of the
Union, or in the language of the sixteen complainants, to
revise and amend it. I suppose the whole force of their
meaning must rest on the word amend; for I imagine that to
revise without amending it, would not have come up to their
ideas. Now an amendmejtt^ in the sense of legislative bodies,
means either to strike out some words, clauses or paragraphs
in a bill, without substituting anything in the place of them,
or to insert new words, clauses or paragraphs where nothing
was inserted before ; or to strike out some words, clauses or
paragraphs, and insert others in their room, which will suit
better. Now I challenge the whole sixteen members to show
that the convention have done an iota more than this ; be-
sides, the new constitution does not by any express words,
repeal the old one; therefore I suppose every article of the old
one stands good and valid, unless where they are changed or
annulled by the alterations and provisions of the new one.
But after all, if the constitution offered to us is either a good
one or a bad one, I cannot see that it is of any consequence
to us, whether it is the old one revised and amended, or a new
one fresh made; nor is it material whether the delegates of
this State were competent to the business or not; it is offered
by the whole respectable body — a body dignified by the gen-
eral election of the States — and therefore ought to be received
with respect, and treated with candid attention; but in the
discussion of it as a rule of government for us all, the merits
of it ought to be the sole consideration, and it is the acceptance
of the States alone which can give it the stamp of authority;
therefore any little bickerings about the qualities, or views,
or powers of this or that member, must be mere quibbles of
no weight or consequence.

4. It is further objected with great parade, that three mem-
bers of the convention refused to sign, and but thirty-nine of

Pelatiah Webster^ s Pamphlet. 95

them only did sign the constitution proposed to us; but ]
think that so large a majority in its favor very far outweighs
the negative of three members against it, neither of which
has any pretensions of character superior to the thirty-nine
who signed it.

Further, 5. They object to the assembly's recommending
the calling a convention, till they received the new constitu-
tion officially from Congress. I answer, i. The assembly
meant to pursue the recommendation of the Federal Conven-
tion^ which does not make the official directions of Congress
necessary to calling the State conventions, under the recom-
mendation of their legislatures; and had Congress refused to
issue any official directions at all to the assembly, I do not
know that the holding the State convention ought to have
been prevented thereby. 2. The assembly had the most cer-
tain inforfnation of the fact ^ and had no doubt of receiving all
necessary oflicial communications from Congress.^ long before
the convention could meet, or if they never came, could very
well act without them. 3. Their not waiting for official let-
ters from Congress did not proceed //"t*;;? any want of respect
to Congress^ but merely from their being straitened for time.,
as the end of the session drew very near.

I come now to consider the objections of our sixteen mem-
bers to the constitution itself, which is much the most im-
portant part that lies on me.

1. Their first objection is, that the government proposed will
be too expensive. I answer that if the appointments of offi-
cers are not more, and the compensations or emoluments of
office not greater than is necessary, the expense will be by no
means burdensome; and this must be left to the prudence of
Congress, for I know of no way to control supreme powers
from extravagance in this respect. Doubtless many instances
may be produced of many needless offices being created, and
many inferior officers, who receive far greater emoluments of
office than the president of the state.

2. Their next objection is against a legislature consisting of
three branches. This is so far from an objection that I con-
sider it as an advantage. The most weighty and important

96 The Convention Called.

affairs of the union must be transacted in congress; the most
essential councils must be there decided, which must all go
through three several discussions in three different chambers
(all equally competent to the subject and equally governed by
the same motives and interests, viz., the good of the great
commonwealth, and the approbation of the people) before any
decision can be made; and when disputes are very high, five
discussions are necessary, all of which afford time for all
parties to cool and reconsider.

This appears to me to be a very safe way, and a very likely
method to prevent any sudden and undigested resolutions
from passing, and though it may delay, or even destroy, a
good bill, will hardly admit the passing of a bad one, which
is by far the worst evil of the two. But if all this cannot stop
the course of a bad bill, the negative of the president will at
least give it further embarrassment, will furnish all the new
light which a most serious discussion in a third House can
give, and will make a new discussion necessary in each of the
other two, where every member will have an opportunity to
revise his opinion, to correct his arguments, and bring his
judgment to the greatest maturity possible. If all this can not
keep the public decision within the bounds of wisdom, nat-
ural fitness, right and convenience, it will be hard to find any
efforts of human wisdom that can do it.

I believe it would be difficult to find a man in the union
who would not readily consent to have congress vested with
all the vast powers proposed by the new constitution, if he
could be sure that those powers would be exercised with wis-
dom, justice, and propriety, and not be abused; and I do not
see that greater precautions and guards against abuses can
well be devised, or more effectual methods used to throw
every degree of light on every subject of debate, or more pow-
erful motives to a reasonable and honest decision can be set
before the minds of congress than are here proposed; and if
this is the best that can be obtained, it ought in all prudence
to be adopted till better appears, rather than to be rejected
merely because it is human, not perfect, and may be abused.
At any rate, I think it very plain that our chance of a right

Pelatiah Webster* s Pamphlet. 97

decision in a congress of three branches, is mnch greater than
in one of a single chamber; but, however all this may, be I
can not see the least tendency in a legislature of three branches
to increase the burdens or taxes of the people. I think it
very evident that any proposition of extravagant expense
would be checked and embarrassed in such an assembly, more
than in a single house.

Further, the two houses being by their election taken from
the body of the states, and being themselves principal inhab-
itants, will naturally have the interest of the commonwealth
sincerely at heart: their principle must be the same, their
differences must be (if any) in the mode of pursuing it, or
arise from local attachments. I say, the great interest of
their country, and the esteem, confidence, and approbation of
their fellow citizens must be strong governing principles in
both houses, as well as in the president himself; "whilst at
the same time the emulation naturally arising between them
will induce a very critical and sharp-sighted inspection into
the motions of each other. Their different opinions will
bring on conferences between the two houses, in which the
whole subject will be exhausted in arguments pro and con,
and shame will be the portion of obstinate convicted error.
Under these circumstances a man of ignorance or evil design
will be afraid to impose on the credulity, inattention or confi-
dence of his house by introducing any corrupt or indigested
proposition which he knows he must be called on to defend
against the severe scrutiny and poignant objections of the
other house. I do not believe the many hurtful and foolish
legislative acts which first or last have injured all the states
on earth, have originated so much in corruption as in indo-
lence, ignorance, and a want of a full comprehension of the
subject, which a full, prying and emulous discussion would
tend in a great measure to remove: this naturally rouses the
lazy and idle, who hate the pain of close thinking, animates
the ambitious to excel in policy and argument, and excites
the whole to support the dignity of their house and vindicate
their own propositions. I am not of opinion that bodies of
elective men which usually compose parliaments, diets, as-
7

98 The Convention Called.

semblies, congresses, etc., are commonly dishonest; but I
believe it rarely happens that there are not designing men
among them, and I think it would be much more difficult for
them to unite their partisans in two houses and corrupt or
deceive them both, than to carry on their designs where
there is but one unalarmed, unapprehensive house to be man-
aged; and as there is no hope of making these bad men good,
the best policy is to embarrass them, and make their work
as difficult as possible. In these assemblies are frequently to
be found sanguine men, upright enough indeed, but of
strong, wild projection, whose brains are always teeming
with Utopian, chimerical plans and political whims, very de-
structive to society. I hardly know a greater evil than to
have the supreme councils of a nation played off on such
men's wires; such baseless visions at best end in darkness,
and the dance, though easy and merry enough at first, rarely
fails to plunge the credulous, simple followers into sloughs
and bogs at last. Nothing can tend more effectually to
obviate these evils and to mortify and cure such maggoty
brains, than to see the absurdity of their projects exposed
by the several arguments and keen satire which a full, emu-
lous and spirited discussion of the subject will naturally
produce. We have had enough of these geniuses in the
short course of our politics, both in our national and pro-
vincial councils, and have felt enough of their evil effects, to
induce us to wish for any good methods to keep ourselves
clear of them in future.

"The consultations and decisions of national councils are
so very important, that the fate of millions depends on them;
therefore no man ought to speak in such assemblies, without
considering that the fate of millions hangs on his tongue, and,
of course, a man can have no right in such august councils to
utter indigested sentiments, or indulge himself in sudden un-
examined flights of thought; his most tried and improved
abilities are due to the States, who have trusted him with
their most important interests. A man must therefore be
most inexcusable, who is either absent during such debates,
or sleeps, or whispers, or catches flies during the argument,

Pelatiah Webster's Pa^nphlef. 99

and just rouses when the vote is called to give his yea or nay,
to the weal or woe of a nation. Therefore it is manifestly
proper, that every natural motive that can operate on his
understanding, or his passions, to engage his attention and
utmost efforts, should be put in practice, and that his present
feelings should be raised by every motive of honor and shame,
to stimulate him to every practicable degree of diligence and
exertion, to be as far as possible useful in the great discussion.
I appeal to the feelings of every reader, if he would not (were
he in either house) be much more strongly and naturally in-
duced to exert his utmost abilities and attention to any ques-
tion which was to pass through the ordeal of a spirited dis-
cussion of another house, than he would be, if the absolute
decision depended on his own house without any further en-
quiry or challenge on the subject." — Vide a Disseriatiojt on
the Political Union and Constitution of the Thirteen United
States, published by a citizen of Philadelphia^ February 16,
1783, where the subject is taken up at large.

3. Another objection is, that the constitution proposed will
annihilate the state governments or reduce them to mere cor-
porations. I take it that this objection is thrown out (merely
invidicB causa) without the least ground for it; for I do not
find one article of the constitution proposed, which vests con-
gress, or any of their officers or courts, with a power to inter-
fere in the least in the internal police or goverment of any
one state, when the interests of some other state or strangers,
or the union in general, are not concerned ; and in all such
cases it is absolutely and manifestly necessary that congress
should have a controlling power, otherwise there would be no
end of controversies and injuries between different states, nor
any safety for individuals, nor any possibility of supporting
the union with any tolerable degree of honor, strength or
security.

4. Another objection is against the pozver of taxation vested
in congress. But, I answer, this is absolutely unavoidable,
from the necessity of the case; I know it is a tender point, a
vast power, and a terrible engine of oppression and tyranny,
when wantonly, injudiciously, or wickedly used, but must be

lOO The Conveiition Called.

admitted; for it is impossible to support the union, or indeed
any government, without expense — the congress are the
proper judges of that expense — the amount of it, and the best
means of supplying it; the safety of the states absolutely re-
quires that this power be lodged somewhere, and no other
body can have the least pretensions to it; and no part of the
resources of the states can, with any safety, be exempt, when
the exigencies of the union or government require their
utmost exertion. The stronger we make our government, the
greater protection it can afford us, and the greater will our
safety be under it. It is easy enough here to harangue on
the arts of a court to create occasions for money, or the un-
bounded extravagance with which they can spend it; but all
this notwithstanding, we must take our courts as we do our
wives, for better or for worse. We hope the best of an Amer-
ican congress, but if they disappoint us, we cannot help it;
it is in vain to try to form any plan of avoiding the frailties
of human nature. Would any man choose a lame horse, lest
a sound one should run away with him? or will any man pre-
fer a small tent to live in before a large honse^ which may
fall down and crush him in its ruins? No man has any right
to find fault with this article, till he can substitute a better
in its room.

The sixteen members attempt to aggravate the horrors of
this devouring power, by suggesting the rigid severity with
which congress, with their faithful soldiers^ will exact and
collect the taxes. This picture, stripped of its black drapery,
amounts to just this, viz: That whatever taxes are laid will
be collected, without exception, from every person charged
with them — which must look disagreeable, I suppose, to peo-
ple who, by one shift or another, have avoided paying taxes
all their lives. But it is a plain truth, and will be obvious to
anybody who duly considers it, that nothing can be more
luinous to a state, or oppressive to individuals, than a partial
and dilatory collection of taxes, especially where the tax is
an impost or excise, because the man who avoids the tax can
undersell, and consequently ruin, him who pays it, i. e.
smuggling ruins the fair trader; and a remedy of this mis-

Pelatiah Webster' s Pamphlet. loi

chief, I cannot suppose, will be deemed by our people in gen-
eral such a very awful judgment, as the sixteen members
would make us believe their constituents will consider it to be.

5. They object that the liberty of the press is not asserted
in the constitution. I answer, neither are any of the ten
commandments, but I do not think that it follows that it was
the design of the convention to sacrifice either the one or the
other to contempt or to leave them void of protection and
effectual support.

6. It is objected further that the constitution contains 710
declaratiojt of rights. I answer, this is not true — the consti-
tution contains a declaration of many rights, and very im-
portant ones, e. g. , that people shall be obliged to fulfil their
contracts, and not avoid them by tenders of anything less
than the value stipulated; that no ex post facto laws shall be
made, &c. ; but it was no part of the business of their appoint-
ment to make a code of laws — it was sufficient to fix the con-
stitution right, and that would pave the way for the most
effectual security of the rights of the subject.

7. They further object that no provision is made against
a standing army in time of peace. I answer, that a standing
army, i. <?. regular troops are often necessary in time of peace,
to prevent a war, to guard against sudden invasions, for gar-
rison-duty, to quell mobs and riots, as guards to congress and
perhaps other courts, &c. , &c. , as military schools to keep up
the knowledge and habits of military discipline and exercise,
&c. , &c. ; and as the power of raising troops is rightfully and
without objection vested in congress, so they are the proper-
est and best judges of the number requisite, and of the occa-
sion, time and manner of employing them; if they are not
wanted on military duty, they may be employed in making
public roads, fortifications, or any other public works — they
need not be a useless burden to the states. And for all this
the prudence of congress must be trusted, and nobody can
have a right to object to this, till they can point out some
way of doing better,

8. Another objection is, that the new constitution abolishes
trials by jury in civil causes. I answer, I do not see one word

I02 The Convention Called.

iu the constitution, which by any candid construction can
support even the remotest suspicion that this ever entered
the heart of one member of the convention; I therefore set
down the suggestion for sheer malice, and so dismiss it.

9, Another objection is that the {^^0X21 judiciary is so con-
structed as to destroy the judiciaries of the several states^ and
that the appellate jurisdiction^ with respect to law and/act^ is
unnecessary. I answer, both the original and appellate juris-
diction of the federal judiciary are manifestly necessary,
where the cause of action affects the citizens of different
states, the general interest of the union, or strangers (and to
cases of these descriptions only, does the jurisdiction of the
federal judiciary extend); I say, these jurisdictions of the
federal judiciary are manifestly necessary for the reasons just
now given under the third objection, and I do not see how
they can avoid trying any issues joined before them, whether
the thing to be decided is law or fact; but I think no doubt
can be made, that if the issue joined is on fact^ it must be
tried by a jury.

10. They object, that the election of delegates for the house
of representatives is for two years^ and of senators for six
years. I think this a manifest advantage, rather than an ob-
jection. Very great inconveniences must necessarily arise
from a too frequent change of the members of large legisla-
tive or executive bodies, where the revision of every past
transaction must be taken up, explained and discussed anew
for the information of the new members, when the settled
rules of the house are little understood by them, &c., &c., all
which ought to be avoided, if it can be with safety. Further,
it is plain that any man who serves in such bodies, is better
qualified the second year than he could be the first, because
experience adds qualifications for every business, &c. The
only objection is that long continuance affords danger of cor-
ruption, but for this the constitution provides a remedy by
impeachment and expulsion, which will be a sufficient re-
straint, unless a majority of the house and senate should
become corrupt, which is not easily presumable; in fine,
there is a certain mean between too long and too short con-

Pelatiah Webster' s Pamphlet. 103

tinuances of members of congress, and I cannot see but it is
judiciously fixed by the convention.

Upon the whole matter, I think the sixteen members have
employed an address-writer of great dexterity, who has given
us a strong sample of ingenious malignity and ill-nature — a
master-piece of high coloring in the scare-crow way; in his
account of the conduct of the sixteen members, by an unex-
pected openness and candor, he avows facts which he certainly
cannot expect to justify, or even hope that their constituents
will patronize or even approve; but he seems to lose all candor
when he deals in sentiments; when he comes to point out the
nature and operation of the new constitution, he appears to
mistake the spirit and true principles of it very much; or
which is worse, takes pleasure in showing it in the worst
light he can paint it in. I however agree with him in this,
that this is the time for consideration and minute examina-
tion: and I think the great subject, when viewed seriously,
without passion or prejudice, will bear and brighten under
the severest examination of the rational inquirer. If the pro-
visions of the law or constitution do not exceed the occasions,
if the remedies are not extended beyond the mischiefs, the
government cannot be justly charged with severity; on the
other hand, if the provisions are not adequate to the occasions,
and the remedies not equal to the mischiefs, the government
must be too lax, and not sufficiently operative to give the
necessary security to the subject; to form a right judgment,
we must compare these two things well together, and not suffer
our minds to dwell on one of them alone, without consider-
ing them in connexion with the other; by this means we
shall easily see that the one makes the other necessary.

Were we to view only the gaols and dungeons, the gallows
and pillories, the chains and wheel-barrows, of any state, we
might be induced to think the government severe; but when
we turn our attention to the murders and parricides, and rob-
beries and burglaries, the piracies and thefts, which merit
these punishments, our idea of cruelty vanishes at once, and
we admire the justice, and perhaps clemency, of that govern-
ment which before shocked us as too severe. So when we

I04 The Convention Called.

fix our attention only on the superlative authority and ener-
getic force vested in congress and our federal executive pow-
ers by the new constiution, we may at first sight be induced
to think that we yield more of the sovereignty of the states
and of personal liberty, than is requisite to maintain the fed-
eral government; but when on the other hand we consider
with full survey the vast supports which the union requires,
and the immense consequence of that union to us all, we shall
probably soon be convinced that the powers aforesaid, exten-
sive as they are, are not greater than is necessary for our
benefit; for, i. No laws of any state ^ which do not carry in
them a force which extends to their effectual and final execu-
tion, can afford a certaUi and sufficietit security to the subject;
for, 2. Laws of any kind^ which fail of execution^ are worse
than none^ because they weaken the government, expose it to
contempt, destroy the confidence of all men, both subjects
and strangers, in it, and disappoint all men who have confided
in it; in fine, our union can never be supported without defin-
ite and effectual laws which are coextensive with their occa-
sions, and which are supported by authorities and powers
which can give them execution with energy; if admitting
such powers into our constitution can be called a sacrifice,
it is a sacrifice to safety, and the only question is whether our
union or federal government is worth this sacrifice. Our
union, I say, tinder the protection of zvhich every individual
rests secure against foreign and domestic insult and oppres-
sion; but without it we can have no security against invasions,
insults, and oppressions of foreign powers, or against the in-
roads and wars of one state on another, or even against insur-
rections and rebellions arising within particular states, by
which our wealth and strength, as well as ease, comfort and
safety, will be devoured and destroyed by enemies growing
out of our own bowels. It is our union alone which can give
us respectability abroad in the eyes of foreign nations; and
secure to us all the advantages both of trade and safety, which
can be derived from treaties with them.

The Thirteen States all united and well cemented together,
are a strong, rich and formidable body, not of stationary.

Pelatiah Webster* s Pamphlet. 105

maturated power, but increasing every day in riches, strength,
and numbers; thus circumstanced, we can demand the atten-
tion and respect of all foreign nations, but they will give us
both in exact proportion to the solidity of our union. For
if they observe our union to be lax, from insufficient princi-
ples of cement in our constitution, or mutinies and insurrec-
tions of our own people (which are the direct consequence of
an insufficient cement of union); I say, when foreign nations
see either of these, they will immediately abate of their atten-
tion and respect to us and confidence in us.

And, as it appears to me, that the new constitution does
not vest congress with more or greater powers than are neces-
sary to support this important union, I wish it may be admit-
ted in the most cordial and unanimous manner by all the
states.

It is a human composition, and may have errors which
future experience will enable us to discover and correct; but
I think it is pretty plain, if it has faults, that the address-
writer of the sixteen members has not been able to find them;
for he has all along either hunted down phantoms of error,
that have no real existence, or which is worse, tarnished real
excellencies into blemishes.

I have dwelt the longer on these remarks on this writer,
because I observe that all the scribblers in our papers against
the new constitution, have taken their cue principally from
him, all their lucubrations contain little more than his ideas
dressed out in a great variety of forms; one of which colors
so high as to make the new constitution strongly resemble
the Turkish government [vide Gazetteer of the lotli instant),
which, I think, comes about as near the truth as any of the
rest, and brings to my mind a sentiment in polemical divin-
ity, which I have somewhere read, that there were once great
disputes and different opinions among divines about the mark
which was set on Cain, when one of them very gravely
thought it was a horn fully grown out on his forehead. It is
probable he could not think of a worse mark than that.

On the whole matter there is no end of the extravagancies
of the human fancy, which are commonly dictated by poig-

io6 The Conveiitio7i Called.

nant feelings, disordered passions, or affecting interests; but
I could wish my fellow-citizens, in the matter of vast impor-
tance before us, would divest themselves of bias, passion, and
little personal or local interests, and consider the great sub-
ject with that dignity of reason and independence of senti-
ment, which national interests ever require. I have here
given my sentiments with the most unbiased freedom, and
hope they will be received with the most candid attention
and unbiased discussion, by the states in which I live, and
in which I expect to leave my children.

I will conclude with one observation, which I take to be
very capital, viz: that the distresses and oppressions both of
nations and individuals often arise from the powers of gov-
ernment being too limited in their principle, too indetermi-
nate in their definition, or too lax in their execution, and of
course the safety of the citizens depends much on full and
definite powers of government, and an effectual execution of
them.

Philadelphia, October 12, 1787.

To the People of America:*

The present situation of the United States has attracted
the notice of every country in Europe. By the discussions
which led to the revolution, we have proved to the world,
that we were intimately acquainted with the natural rights
and political relations of mankind. By those discussions,
and the subsequent conduct of America, her enemies must be
well convinced that she is sincerely attached to liberty, and
that her citizens will never submit to a deprivation of that
inestimable blessing. To ensure the continuance of that
real freedom in the spirit of which our State constitutions
were universally formed; to ensure it from enemies within,
then existing and numerous; to ensure it from enemies with-
out, then and ever to be watched and repelled, the first
confederation was formed. It was an honest and solemn
covenant among our infant States, and virtue and common
danger supplied its defects. When the immediate perils of

*From the Pennsylvania Packet, Oct. 12, 17S7.

A Citizen of Pennsylvania. 107

those awful times were removed by the valor and persevering
fortitude of America, aided by the active friendship of France,
and the follies of Great Britain, those defects were too easily
seen and felt. They have been acknowledged at various
times by all the legislatures of the Union; and often, very
often indeed, represented by Congress. The Commonwealth
of Virginia took the first step to obtain this object of uni-
versal desire, by applying to her sister States to meet her in
the Commercial Convention in the last year. Some of the
States immediately adopted the measure, Congress after-
wards added their sanction, and a few more of the States
concurred. A meeting of the deputies, though not a general
one, took place at the appointed time. The members of that
body, influenced, I am persuaded, by the purest considera-
tions, added their voice to the general wish for another Con-
vention, whose object should be the revision and amendment
of the federal government. It is worthy of remark that these
proceedings of the States were not conducted through those
channels the confederation points out, but they were not
inconsistent with it, they were certainly not improper: for it
is not material in what manner the United States in Con-
gress become possessed of the matter and form of changes
really desired by the people of the Union. It is only neces-
sary when that body shall determine on alterations, that they
proceed constitutionally to obtain the adoption of them. It
may be observed further, that the address of the Annapolis
Convention, signed by the Hon. John Dickinson, Esq., was
published in September, 1786, in the newspapers of all the
Middle States, and particularly those of Pennsylvania, during
the sitting of the Hon. the General Assembly of the Com-
monwealth. The people, therefore, throughout the Union,
and most certainly in Pennsylvania^ must have known that
the important duty of amending our Federal constitution (so
far as the legislatures could interfere in it) must come before
the members they were then about to choose. I have drawn
the attention of my fellow-citizens to this fact, and request
they will observe it, because a contrary idea has been given
by some members of our legislature.

io8 The Conveiition Called.

The recommendation for calling the late convention for the
purpose of giving the requisite efficiency to the Union, was
adopted by Congress and all the States, but Rhode Island. I
will not abuse that unhappy, fallen, lost sister. As a sincere
relation, however, wounded by the dishonor to our family
name — as an honest man, distressed at the injury she has
done to the cause of public and private virtue — as a friend to
liberty, alarmed at the arguments against our republican
governments which she has furnished to royal tyrants — I sol-
emnly conjure her to consider her late conduct, unexampled
in the history of the world. She exhibits to mankind the
unheard of spectacle of a people.^ possessed of a constitution
containing all the principles of substantial justice, and of
civil and religious liberty, disregarding the rights of property
and obligations between man and man, and trampling under
their feet a solemn compact with neighboring and I'elated
States, yet bleeding with wounds sustained in fighting by their
side in a common cause, and infringing the established laws
of nations and treaties with allies most powerful 2.xidi friendly.
Let them ask themselves, let them permit a friend to ask
them, what they can hope from such a conduct, or in what
fatal catastrophe it may not issue ?

The twelve states which made the appointment, sent for-
ward their deputies in due time. I waive all weight of names,
but they were such in general as it became the states to ap-
point. Exceptions, perhaps just ones, may have been made
to some of them ; but remember these were not alone ; they
did not even form a majority of the representation of one
state; much less could they affect the general views of the
whole body. I am not acquainted with the situation of
parties in the other states, but have had too much oppor-
tunity, with the rest of the world, of judging of them in Penn-
sylvania. I acknowledge, that in my mind there might
have been more propriety in the appointment from this
state. The gentlemen were individually fully competent to
the duty. They were so collectively. Had some of the same
men resided in the western counties, it would have been
more satisfactory. In point of good policy, it should have

A Citizen of Pennsylvania. 109

been so. While candor forbids us to withhold these observa-
tions, the public good requires that even the just offence it
may have given, should not interfere with a plan sincerely
intended to promote the happiness of our country. I wish to
avoid offence, but I beg to be indulged in remarking that the
appointment of our deputies to the Convention, from the city
and county of Philadelphia, does not appear to have made
any painful impressions on the people of the western counties.
Perhaps it is because they have not observed the fact. If
that is the case, it cannot be of importance to the tranquility
of the state, nor to the great business before us. I confess
my wishes were strongly in favor of some western deputies,
though it seems the seceding members themselves proposed
but one. I believe, however, many persons wished at the
time, he had been appointed. Yet the people of that part of
the state have not complained, and it was the act of a real
majority. Besides, I feel too independent a freeman to en-
dure the idea, that any one man could be indispensably nec-
essary to that appointment. The truth is that some mem-
bers of the Pennsylvania Assembly, after seceding from their
brethren, have brought the idea for the first time, at an ill-
judged moment, before the public. They have suggested it
to their constituents, not their constituents to them. Reflect
dispassionately on these circumstances, my Pennsylvania
readers. I mean not offensive censure, which I despise and
condemn. The seceding members, I say, suggested the idea
of offence at the appointment of our deputies, after an un-
lucky quarrel had taken place. Does it not seem to be a
little in the way of apology? When these gentlemen say
they were apprehensive of the consequences of the appoint-
ment, I can believe they spoke truly — but when they bring
it forward to the people only after their own secession from
the house, to the people who have never complained of it,
does it not rather appear that the jealousy they entertained
in their own minds, has by too much brooding over it, grown
to a sore, and that their letting it out now, is rather a proof of
their own feelings than of any discontent among the people.
Is it consistent with the delicacy of one of those gentlemen.

no The Convention Called.

that he should sign this sentiment among the sixteen, when
he was himself a candidate? It were to be wished his name
at least had not been there, or that the observation in their
address had been omitted. It is consistent with propriety,
that another gentleman should vote for calling the Conven-
tion, and afterwards secede from his brethren? How much
more becoming the honor of their private characters, and the
dignity of their public offices, was the conduct of the two
gentlemen who were brought to the house by the speaker's
order, in entering freely into the debates that ensued.
Though they have not accustomed themselves to speak often,
they, on this occasion, proposed matters for the good of their
constituents (which they could not have done if absent), and
their motions were adopted.

The address carries an idea that the new federal constitu-
tion has been only approved by what is called the republican
party. I would cheerfully rest the disproving this insinua-
tion upon any man of honor in the constitutional party. Dr.
Franklin and Mr. Ingersoll, who assisted to frame, and after-
wards signed the act of the convention, never opposed our
state constitution. Messrs. Will, Foulke, G. Heister, Kree-
mer, J. Heister, Davis, Trexler, Burkhalter and Antis, and
other members of the house, who voted for the call of a State
Convention, are surely not republicans; and among the four
thousand petitioners for the adoption of the new federal gov-
ernment, will be found many of the most zealous, active and
respectable friends of the constitution of this commonwealth.
This I assert as an incontrovertible fact, of which every indi-
vidual of the sixteen seceding gentlemen was fully possessed;
for the petitions, with a very great number of the names
of such persons, were presented to the house on Monday,
Wednesday and Thursday. The secession took place on Fri-
day afternoon, and was repeated on Saturday morning. The
good men of Pennsylvania will satisfy themselves whether
their sixteen representatives have given this wrong idea from
want of temper or from want of virtue — it was indeed un-
guarded to pass upon their constituents a suggestion that the
friend-^ of the new federal government were all of them ene-

-tlltll

I

'^>),«iiii

dafitr-

---- V

A Citizen of Pennsylvania. m

mies to the constitution of the State of Pennsylvania, and
had all of them destructive designs on the State frame of gov-
ernment Before I quit this point let me add one piece of
information, which is, that the gentleman alluded to in a
preceding paragraph, is the only unsuccessful candidate for a
seat in the convention who has not declared for the adoption
of the federal constitution.

But to return. — The twelve States which concurred sent
forward their deputies in due time. I shall not attempt, as
I have already said, to pass upon your understandings the
weight of names — determine that matter for yourselves. Suf-
fer me to remark only, that the faithful, disinterested and
invaluable services of Washington — the incessant, faithful
and essential services of Franklin — might have saved them
from the contemptuous insinuations of a late writer. Were
such compositions applauded, it might indeed be said ''''that
republics are ungratefniy

The constitution which these gentlemen have offered to
their fellow citizens has been considered with manly free-
dom, such I am sure as they wished it to meet. If in some
cases it has been carried further, it is a proof at once of our
liberty, and of the passions which we know to prevail among
men ; and as every cause is open to the friendship and enmity
of bad men, there can be no doubt but that very wicked and
dangerous motives influence some, both among the friends
and enemies of the new frame of government. Leaving all
observations upon such points, in treating which even truth
will appear uncertain, and candor may heat and inflame, I
recommend to all men of pure, honest intentions the utmost
moderation and forbearance. The object before us is indeed
great and interesting. We are to arrange affairs essential to
our own happiness, and highly important to the present and
future people of the earth. Though it must be admitted that
too much and too bitter contention has appeared in our af-
fairs, yet it is no less true that the active and speculative
friends of liberty, throughout the world, consider us at this
day as the enlightened and sincere supporters of their cause,
and look to us for examples which the one expects to approve,

112 The Co)ivention Called.

the other to imitate. Let us refrain then from these little,
mean, bitter invectives; let us suppress those contemptible
remains of narrow party spirit, and consider our critical sitii-
ation with decency and candor, remembering that the true
sons of liberty are brothers to each other.

Much observation has been made in regard to the omission
of a bill of rights in the new frame of government. Such
remarks, I humbly conceive, arise from a great inadvertency
in taking up the subject. When the people of these States
dissolved their connection with the crown of Great Britain,
by the Declaration of Independence, they found themselves,
as to government, in a state of nature : yet they were very
sensible of the blessings of civil society. On a recommenda-
tion of Congress, who were then possessed of no authority,
the inhabitants of each colony respectively formed a compact
for themselves, which compacts are our State constitutions.
These were original agreements among individiials before
actually in a state of nature. In these constitutions a bill of
rights (that is, a declaration of the unaliened rights of each
individual) was proper, and indispensably necessary. When
the several States were thus formed into thirteen separate and
independent sovereignties, Congress, who managed their
general affairs, and their respective legislatures, thought it
proper (and it was surely absolutely necessary) that a con-
federation should be prepared and executed. The measure
was accordingly adopted; and here let us observe this was
a compact among thii-teen independent States of the nature of
a perpetual treaty. It was acceded to by the several States
as sovereign. No individuals were parties to it. No rights
oftJtdividuals could, therefore, be declared in it. The rights
of contracti7ig parties (the thirteen States) were declared.
Those rights remain inviolate. No bill of the rights of the
freemen of the Union was thought of, nor could be intro-
duced. No complaint was made of the want of it, for it was a
matter foreign from the nature of the compact. In articles
of agreement among a number of people forming a civil
society^ a bill of the rights of individuals comes in of course,
and is iiidispensably necessary. In articles of agreement

A Citizen of Pennsylvania. 113

among a number of independent states^ entering into a union,
a bill of the rights of individuals is excluded oi course. As in
the old confederation or compact among the thirteen inde-
pendent sovereignties of America, no bill of rights of individ-
uals could be or was introduced; so in the proposed compact
among the same thirteen independent sovereignties, no bill
of the rights of individuals has been or could be introduced.
This would be to annihilate our state constitutions, by ren-
dering them unnecessary. The liberty of the press, from an
honest republican jealousy, which I highly applaud, has also
been a subject of observation: but the right of writing for
publication, and of printing, publishing and selling what
may be written, SlXQ. personal rights, are part of the rights of
individuals. Thus we see when attempts have been made to
restrain them in any country, the individuals concerjied have
only been, or indeed could be, the objects of attention. They
are the rights of the people in the states., and can only be
exercised by them. They are not the rights of the thirteen
independent sovereignties, therefore could not enter into
either the old or new compact among them. Every constitu-
tion in the union guards the liberty of the press. It has also
become a part of the common law of the land. But who is
to destroy it? Not the people at large, for it is their most
invaluable privilege — the palladium of their happiness — not
the state legislatures, for their respective constitutions forbid
them to infringe it. Not the federal government, for they
have never had it transferred into their hands. It remains
amongst those rights not conveyed to them. But who are the
federal government, that they should take away the freedom
of the press, was it not out of their reach? Are they not the
temporary responsible servants of the people ? How then, my
countrymen, is this favorite inestimable privilege in danger?
It cannot be affected. It is understood by all men that it is
never to be touched. It is guarded by insurmountable bar-
riers, as you have already seen; and woe betide — the heaviest
woe will betide the sacrilegious hand that shall attempt to
remove them. A Citizen of Pennsylvania.

ii4 The Convention Called.

To the Freemen of Pennsylvania:*

A publication lias lately appeared in several of onr papers,
said to be signed by sixteen members of the late Assembly of
Peni?sylvania, which challenges a few remarks.

The first remark that occurs is, that the paper was neither
written by any one of them, nor signed by all of them. They
are too illiterate to compose such an address, and it can be
proved that several of the persons whose names are subscribed
to it left the city on Saturday, before there was time to col-
lect the materials of the address, or to receive it from the
person who is well known to have written it.

A second remark that occurs in this place is, that there
was a fixed resolution of the anti-federal junto to oppose the
federal government, long before it made its appearance. In
the month of July last, at a meeting of this junto, it was
agreed, "that if the new constitution of Congress interfered
in the least with the constitution of Pennsylvania, it ought
to be opposed and rejected, and that even the name of a
Washington should not carry it down." Happily it re-
quires a reduction of the enormous expenses, and some other
alterations of our constitution. Hence the reason of their
opposition. Had it been much more perfect, or had it, like
the Jewish theocracy, been framed by the hand of the
Supreme Being himself, it would have been equally unpop-
ular among them, since it interferes with their expensive
hobby-horse, the Constitution of Pennsylvania.

The address, and all the opposition to the new government,
originate from the officers of government, who are afraid of
losing their salaries or places. This will not surprise those
of us who remember the opposition which our Independence
received from a few officers of government in the years 1775
and 1776. Recollect the Friendly Addresses and the
Catos, which appeared in those years in all our newspapers.
Remember too, that these publications came from men of
as great understandings, and of more extensive influence,

*Froin the Independent Gazetteer, or the Chronicle of Freedom, October
X5, 1787.

^''One of the Four Thousand.''^ 115

than Randolph, Mason or Gerry. Which of them is fit to be
named with Hutchinson, Bernard, Tryon or Kemp ?

The address begins with two palpable falsehoods. "We
lamented (it says) at the time, that a majority of our legisla-
ture appointed men to represent this state, who were all citi-
zens of Philadelphia, and none of them calculated to represent
the landed interest of Pennsylvania."

It is a well-know fact, that a seat in the convention was
offered to William Findley, and that he objected to it, because
no wages were to be connected with it. It became, therefore,
a matter of economy, as well as convenience, to fill up the
delegation with members from Philadelphia. If this was a
crime, the sixteen concurred in it, for they all voted for five
of the delegation, and for three other men who were at that
time citizens of Philadelphia, viz: Thomas M'Kean, Charles
Pettit and John Bayard, esquires.

The story of the delegates from Pennsylvania having no
interest in the landed property of the state is equally ground-
less with the foregoing. They are all landholders, and one
of them alone owns a greater landed estate than the whole
sixteen absconders; and has for many years past punctually
and justly paid more taxes on it than are paid by the whole
anti-federal junto, and, unfortunately, for the support of the
men who compose this junto.

The address confesses that the sixteen absconded to prevent
the majority of the house from calling a convention, to con-
sider the new form of government. Is this right, freemen of
Pennsylvania? Is it agreeable to democratic principles, that
the minority should govern the majority? Is not this aris-
tocracy in good earnest? Is it not tyranny, that ay^w should
govern the many ? By absconding, and thereby obstructing
the public business, they dissolved the constitution. They
annihilated the first principles of government, and threw the
commonwealth into a state of nature. Under these circum-
stances, the citizens of Philadelphia appealed to \h^ first of
nature's laws, viz: self-preservation. They seized two of the
sixteen absconders, and compelled them to form a House by
their attendance. In this they acted wisely and justly — as

ii6 The Convention Called.

much so as the man who seizes a highwayman, who is about
to rob him. If they were wrong in this action, then the men
who drove Galloway, Skinner, Delancey, and other miscre-
ants, from our states, by force, in the year 1776, were wrong
likewise. What justified all the outrages that were commit-
ted against the tories in the beginning of the war? Nothing
but the dissolution of our governments. What was the
foundation of the dissolution of these governments? Noth-
ing but a resolution of Congress. What determined us to
establish new governments on the ruins of the old ? Nothing
but a recommendation of Congress. Why, then, do these
men fly in the faces of the convention and Congress? It was
from similar bodies of men, similarly constituted, that their
present form of government derived its independence. It
cannot exist without a Congress — it is meet, therefore, that
it should harmonize with it.

The objections to the federal government are weak, false
and absurd. The neglect of the convention to mention the
liberty of the press arose from a respect to the state constitu-
tions, in each of which this palladium of liberty is secured,
and which is guaranteed to them as an essential part of their
republican forms of government. But supposing this had not
been done, the liberty of the press would have been an inher-
ent and polical right, as long as nothing was said against it.
The convention have said nothing to secure the privilege of
eating and drinking, and yet no man supposes that right of
nature to be endangered by their silence about it.

Considering the variety of interests to be consulted, and
the diversity of human opinions upon all subjects, and espe-
cially the subject of government, it is a matter of astonish-
ment that the government form.ed by the convention has so
few faults. With these faults, it is a phenomenon of human
wisdom and virtue, such as the world never saw before. It
unites in its different parts all the advantages, without any of
the disadvantages, of the three well-known forms of govern-
ment, and yet it preserves the attributes of a republic. And
lastly, if it should be found to be faulty in any particular, it
provides an easy and constitutional method of curing its faults.

"0«^ of the Four Thoicsand.^'' 117

I anticipate the praise with which this government will be
viewed by the friends of liberty and mankind in Europe.
The philosophers will no longer consider a republic as an im-
practicable form of government, and pious men of all denom-
inations will thank God for having provided in our federal
constitution, an Ark for the preservation of the remains of
the justice and liberties of the world.

Freemen of Pennsylvania, consider the character and ser-
vices of the men who made this government. Behold the
venerable Franklin, in the 70th year of his age, cooped up
in the cabin of a small vessel, and exposing himself to the
dangers of a passage on the ocean, crowded with British
cruisers, in a winter month, in order to solicit from the court
of France that aid, which finally enabled America to close
the war with so much success and glory — and then say, is it
possible that this man would set his hand to a constitution
that would endanger your liberties ? From this aged servant
of the public, turn your eyes to the illustrious American hero,
whose name has ennobled human nature — I mean our be-
loved Washington. Behold him, in the year 1775, taking
leave of his happy family and peaceful retreat, and flying to
the relief of a distant, and at that time an unknown part of
the American continent. See him uniting and cementing an
army, composed of the citizens of thirteen states, into a band
of brothers. Follow him into the field of battle, and behold
him theyfrj-/ in danger, and the last out of it. Follow him
into his winter quarters, and see him sharing in the hunger,
cold and fatigues of every soldier in his army. Behold his
fortitude in adversity, his moderation in victory, and his ten-
derness and respect upon all occasions for the civil power of
his country. But above all, turn your eyes to that illustrious
scene he exhibited at Annapolis in 1782, when he resigned
his commission, and laid his sword at the feet of Congress,
and afterwards resumed the toils of an American farmer on
the banks of the Potomac. Survey, my countrymen, these
illustrious exploits of patriotism and virtue, and then say, is
it possible that the deliverer of our country would have
recommended an unsafe form of government for that liberty.

ii8 The Convettlion Called.

for which he had for eight long years contended with such
unexampled firmness, constancy and magnanimity.

Pardon me, if I here ask — Where were the sixteen ab-
sconders and their advisers, while these illustrious framers of
our federal constitution were exposing their lives and exert-
ing their talents for your safety and happiness? Some of
them took sanctuary in offices, under the constitution of
Pennsylvania, from the dangers of the year 1776, and the rest
of them were either inactive, or known only on the muster-
rolls of the militia during the war.

Look around you, my fellow citizens, and behold the con-
fusion and distresses which prevail in every part of our
country. Behold, from the weakness of the government of
Massachusetts, the leaders of rebellion making laws to ex-
empt themselves from punishment. See, in Rhode Island,
the bonds of society and the obligations of morality dissolved
by paper money and tender laws. See the flames of court-
houses in Virginia, kindled by debtors to stop the course of
justice. Hear the complaints of our farmers, whose unequal
and oppressive taxes in every part of the country amount to
nearly the rent of their farms. Hear too the complaints of
every class of public creditors. Look at the records of bank-
ruptcies that fill every newspaper. Look at the melancholy
countenances of our mechanics, who now wander up and
down the streets of our cities without employment. See our
ships rotting in our harbors, or excluded from nearly all the
ports in the world. Listen to the insults that are offered to
the American name and character in every court of Europe,
See order and honor everywhere prostrate in the dust, and
religion, with all her attending train of virtues, about to quit
our continent forever. View these things, my fellow citizens,
and then say that we do not require a new, a protecting, and
efficient federal government, if you can. The picture I have
given you of the situation of our country is not an exaggerated
one. I challenge the boldest enemy of the federal constitu-
tion to disprove any one part of it.

It is not to be wondered at, that some of the rulers and
officers of the government of Pennsylvania are opposed to the

^^One of the Four Thousand.''^ 119

new constitution of the United States. It will lessen their
power, number and influence — for it will necessarily reduce
the expenses of our government from nearly 50,0001. to
10,000 1., or, at most, 15,0001. a year. I am very happy in
being able to except many worthy officers of our government
from concurring in this opposition. Their names, their con-
duct, and their characters, are well-known to their fellow
citizens, and I hope they will all be rewarded by a continu-
ance and accumulation of public favor and confidence.

The design of this address is not to inflame the passions of
my fellow citizens; I know the feelings of the people of
Pennsylvania are sufficiently keen. It becomes me not,
therefore (to use the words of the address of the sixteen ab-
sconders), to add to them, by dwelling longer "upon the
distresses and dangers of our country. I have laid a real
state of facts before you; it becomes you, therefore, to judge
for yourselves."

The absconders have endeavored to sanctify their false and
seditious publication by a solemn address to the Supreme
Being. I shall conclude the truths I have written, by adopt-
ing some of their own words, with a short addition to them.

"May He, who alone has dominion over the passions and
understandings of men, preserve you from the influence of
rulers, who have upon many occasions held fellowship with
iniquity^ and established mischief by law.''"'

The author of this Address is one of the Four Thousand
Citizens of Philadelphia and its neighborhood, who sub-
scribed the petition to the late Assembly, immediately to
call a Convention, in order to adopt the proposed Federal
Constitution,

CHAPTER III.

BEFORE THE MEETING OF THE CONVENTION.

[Between the day wlieu the couvention was called and the
day when the convention met, a period of seven weeks elapsed.
During this time both the friends and detractors of the con-
stitution resorted to every known means of influencing public
opinion. Appeals were made to the prejudices, to the fears,
to the religious bigotry of the people. The Antifederalists,
as they began to be called, found a friend in Eleazer Oswald,
and filled his "Independent Gazetteer" with all manner of
effusions. The mouth-piece of the Federal party was the
"Pennsylvania Packet," and from these two journals the
greater part of this chapter is taken. The champion of the
Antifederalists was "Centinel," whose name is still unknown.
The champion of the Federalists was James Wilson, whose
speech in the State House yard was held to be unanswerable.
The essays of "Centinel" and the speech of Wilson are,
therefore, given in full. But the essays of " Philadelphien-
sis" and "Old Whig," who supported the Antifederal cause,
and of "American Citizen," who wrote on the Federal side,
have not, for lack of space, been reprinted.

In place of these will be found a few, and but a few, of the
immense number of short pieces that appeared day after day
in the "Packet" and the "Gazetteer," and set forth such
popular opinions as might be heard any afternoon in the
taverns and the coffee-houses. In writings of this sort the
Antifederal greatly outnumbered the Federal, and justify the
belief that the burden of proof was considered to be with the
party of opposition.]

From the Pennsylvania Gazette.

(By particular desire.)

The former distinction of the citizens of America (says a
(120)

A Prophecy for lySg. I2i

correspondent) into Whigs and Tories, should be lost in the
more important distinction oi Federal and Antifederal men.
The former are the friends of liberty and independence; the
latter are the enemies of liberty and the secret abettors of the
interests of Great Britain.

Should the federal government be rejected (awful words),
another correspondent has favored us with the following
paragraphs, to be published in our paper in the month of
June, 1789:

On the 30th ult., his Excellency, David Shays, Esq., took
possession of the government of Massachusetts. The execu-
tion of , Esq. , the late tyrannical governor, was

to take place the next day.

Accounts from New Jersey grow every day more alarmmg.
The people have grown desperate from the oppressions of
their new masters, and have secretly, it is said, dispatched a
messenger to the court of Great Britain, praying to be taken
again under the protection of the British Crown.

We hear from Richmond, that the new state house, lately
erected there, was burnt by a mob from Berkeley county, on
account of the assembly refusing to emit paper money. From
the number and daring spirit of the mob, government have
judged it most prudent not to meddle with them.

Yesterday 300 ship-carpenters embarked from this city for
Nova Scotia, to be employed in his Britannic Majesty's ship-
yards at Halifax.

We hear from Cumberland, Franklin and Bedford counties,
in this State, that immense quantities of wheat are rotting in
stacks and barns, owing to the demand for that article having
ceased, in consequence of our ships being shut out of all the
ports of Europe and the West Indies.

We hear that 300 families left Chester county last week, to
settle in Kentucky. Their farms were exposed to sale before
they set off, but many of them could not be raised to the value
of the taxes that were due on them.

On Saturday last were interred from the bettering-house

the remains of Mrs. Mary . This venerable lady was

once in easy circumstances; but having sold property to the

122 Before the Meeting of the Convention.

amount of 5,000/. and lodged it in the funds, which, from
the convulsions and distractions of our country, have un-
fortunately become insolvent, she was obliged to retire to the
city poor-house. Her certificates were sold on the Monday
following her interment, but did not bring as much cash as
paid for her winding-sheet.

By a vessel just arrived from L' Orient, we learn that the
partition treaty between Great Britain and the Emperor of
IMorocco was signed on the 25th of April last, at London.
The Emperor is to have possession of all the States to the
southward of Pennsylvania, and Great Britain is to possess all
the 'States to the eastward and northward of Pennsylvania,
inclusive of this middle State. Private letters from London
add, that Silas Dean, Esq., is to be appointed Governor of
Connecticut, and Joseph Galloway, Esq. , is to be appointed
Governor of Pennsylvania. The government of Rhode Island
was offered to Brigadier-General Arnold, who refused to ac-
cept of it, urging, as the reason of his refusal, that he was
afraid of being corrupted by living in such a nest of specula-
tors and traitors.

But, adds our correspondent, should the federal govern-
ment be adopted^ the following paragraphs will probably have
a place in our paper in the same month, viz., June, 1789:

Yesterday arrived in this city his Excellency the Earl of
Surry, from the Court of Great Britain, as Envoy Extraor-
dinary to the United States. He was received by the princi-
pal Secretary of State, and introduced to the President-General
at the federal State House, who received him with great
marks of politeness. His lordship's errand to America is to
negotiate a commercial treaty with the United States. The
foundation of this treaty is, that all British ports are to be
opened to American vessels, duty free, and a proposal to build
200 ships every year in the ports of Boston, New York, Phila-
delphia and Charleston.

Last evening arrived at Billingsport the ship Van Berkel,
Nicholas van Vleck, master, from Amsterdam, with 100
reputable families on board, who have fled from the commo-
tions which now distress their unhappy country. It is said

A Prophecy for ijSg. 123

they have brought cash with them to the amount of 45,000/.
sterling, to be laid out in purchasing cultivated farms in this
and the neighboring States.

We learn from Cumberland county, in this State, that
land in the neighborhood of Carlisle, which sold in the year
1787 for only 5/. has lately been sold for 10/. per acre at
public vendue. This sudden rise in the value of estates is
ascribed to the new mode of taxation adopted by the federal
government, as well as to the stability of this government.

Such are the improvements in the roads in this State since
the establishment of the federal government, that several
loaded wagons arrived in this city in two days from the town
of Lancaster.

By a gentleman just arrived from Tioga, we learn that
the insurgents in that place were surprised and taken by a
party of the federal militia, and that their leaders are on their
way to Wyoming, to be tried for their lives.

It appears from the custom-house books of this city, that
the exports frc^n this State were nearly double last year, of
the exports of the year 1786.

In the course of the present year, it appears that there
have arrived in this state 18,923 souls from different parts of
Europe.

Several foreigners who attended the debates in the federal
Assembly and Senate last Wednesday, declare that they never
saw half so much decorum nor heard more noble specimens
of eloquence in the House of Lords and Commons, than they
saw and heard in our illustrious republican assemblies.

We hear from Fort Pitt, that since the navigation of the
Mississippi has been confirmed to the United States by the
Court of Spain, the price of wheat has risen from 4^-. to 7^. 6d.
per bushel in all the counties to the westward of the Allegheny
mountains.

In consequence of the new and successful modes of taxa-
tion adopted by the United States, public securities of all
kinds have risen to par with specie, to the great joy of wid-
ows, orphans, and all others who trusted their property in the
funds of their countrv-

124 Before the Meeting of the Convention.

We hear that the Honorable Thomas , Esq. , is ap-
pointed to deliver the anniversary oration in September next,
in honor of the birthday of our present free and glorious fed-
eral Constitution — a day that cannot fail of being equally dear
to all Americans with the 4th of July, 1776 — for while this
day gave us liberty^ the 17th of September, 1787, gave us,
under the smiles of a benignant Providence, a government^
which alone could have rendered that liberty safe and per-
petual. *

Mr. Oswald. — Having stepped into Mr. 's beer-
house, in street, on Saturday evening last, I perceived

the room filled with a number of decent tradesmen, who were
conversing very freely about the members of the federal con-
vention, who, it was said, like good workmen, had finished
their work on a Saturday night. As the principles of this
company were highly federal, and many of their remarks very
shrewd, I took notes of them in my memorandum book, in
short-hand, and have since copied them for the use of your
truly federal paper.

1. A Sea Captain. — By George, if we don't adopt the fed-
eral government we shall all go to wreck.

2. His Mate. — Hold, hold, captain, we are in no danger;
Washington is still at the helm.

3. A Continental Lieutenant. — If we don't adopt the new
government — why the hardest send off— promotion is ahvays
most rapid in a civil war.

4. A Cooper. — If we reject the new government, we shall
all go to staves.

5. A Blacksmith. — If we don't submit to the convention,
we shall all be burned into cinders.

6. A Shoemaker. — If we do not adopt the alterations in the
federal convention now, we shall never have such another
opportunity of having it mended.

7. A Mason. — The old fabric must be underpinned^ or we
shall all go to the devil together.

8. A House Carpenter. — We shall never do well till all

* ludepeudent Gazetteer, Sept. 20, 1787,

Street and Tavern Scenes. 125

the little rooms in the federal mansion house are thrown
into one.

9. A Silversmith. — I hate your party-colored metals — the
sooner we are all melted into 07ie mass the better.

10. A Baker. — Let me see the man that dares oppose the
federal government, and I will soon make biscuit of him.

11. A Butcher. — And I would soon quarter the dog.

12. A Barber. — And I would shave the son of a .

13. A Cook. — And I would break every bone in his body.

14. ^ Joiner. — And I would make a wooden jacket for him.

15. A Potter. — And I would grind his dust afterward into
a chamber-pot.

16. A Tailor. — And I would throw it into hell.^

From a Correspondent. — I was walking the other day in
Second street, and observed a child, of five or six years old,
with a paper in his hand, and lisping, with a smile, '''' Here'' s
what the convention have done. ' ' Last evening I was walk-
ing down Arch street, and was struck with the appearance of
an old man, whose head was covered with hoary locks, and
whose knees bent beneath the weight of his body, stepping
to his seat by the door, with a crutch in one hand and his
spectacles and the new federal constitution in the other.
These incidents renewed in my mind the importance of the
present era to one-half of the world! I was pleased to see all
ages anxious to know the result of the deliberations of that
illustrious council, whose constitutions are designed to govern
a world of freemen! The unthinking youth, who cannot
realize the importance of government, seems to be impressed
with a sense of our want of union and system ; and the vener-
able sire, who is tottering to the grave, feels new life at the
prospect of having everything valuable secured to posterity.

Ye spirits of ancient legislators! Ye ghosts of Solon, Lycur-
gus and Alfred! Of the members of the grand Amphictyonic
Council of Greece! and of the illustrious Senate of Rome! at-
tend and bear testimony, how important the task of making
laws for governing empires! Attend, ye ghosts of Warren,

* Independent Gazetteer, Sept. 20, 1787.

126 Before the Meeting of the Conventio7t.

Montgomery, Mercer, and other heroes who offered your lives
upon the altar of freedom! Bear witness, with what solici-
tude the great council of America, headed by a Franklin and
a JVashingtoji^ the fathers of their country, have deliberated
upon the dearest interests of men, and labored to frame a sys-
tem of laws and constitutions that shall perpetuate the bless-
ings of that independence which you obtained by your
swords!

"These are the fathers of this western clime !

Nor names more noble grac'd the walls of fame,
Wheq Spartan firmness braved the wrecks of time,

Or Rome's bold virtues fanned the heroic flame.
Not deeper thought the immortal sage inspired

On Solon's lips when Grecian senates hung ;
Nor manlier eloquence the bosom fired

When genius thundered from the Athenian tongue."

Away, ye spirits of discord! ye narrow views! ye local pol-
icies! ye selfish patriots, who would damn your country for a
sixpenn}^ duty! In the present state of America, local views
are general ruin ! Unanimity alone is our last resort. Every
other expedient has been tried, and unanimity now will cer-
tainly secure freedom, national faith and prosperity.*

[Extract of a letter from a gentleman in Montgomery
county to his friend in Philadelphia, dated 24th September,
1787.]

"We hear the petitions which are handing about in favor
of the federal constitution, have met with no opposition in
your city, except by five persons, who have lived upon the
distresses of the people for some time past; you may expect
those gentlemen will in time, on finding their little opposi-
tion will not avail, become good subjects of the federal govern-
ment. They were not decided characters in our late glorious
revolution, until they found independence would be main-
tained; it is even said that one of them, who was in Europe
early in the contest, was decidedly against us, but, on finding
we were able to support our independence, they became the
best street whigs you had, and got themselves fixed in fat of-

* Pennsylvania Packet, Sept. 22.

Bad Condition of the Coicntry. 127

fices, which they cannot but with reluctance run the risk of
losing. We also hear that the only machine for spinning
cotton with facility in your city has been bought up by a
British rider and put on board a vessel for London. It is to
be hoped the Manufacturing Society will have spirit enough
to furnish that enemy to our country with a coat of

"Tar and Feathers."*

For the Independent Gazetteer.

Mr. Oswald: In searching among some old papers a few
days ago, I accidentally found a London newspaper, dated in
March, 1774, wherein a certain Dean Tucker, after stating
several advantages attendent on a separation from the then
colonies, now United States of America, proceeds thus:
"After a separation from the colonies our influence over them
will be much greater than ever it was, since they began to
feel their own weight and importance." "The moment a
separation takes effect, intestine quarrels will begin;" and
"in proportion as their factious republican spirit shall intrigue
and cabal, shall split into parties, divide and sub-divide, in
the same proportion shall we be called in to become their
general umpires and referees."

I stood aghast on perusing this British prophecy, and could
not help reflecting how my infatuated countrymen are on the
very verge of suffering it to be fulfilled. Already have they
in several of the States spurned at the federal government,
despised their admonitions, and absolutely refused to comply
Avith their requisitions; nay, they have gone further, and have
enacted laws in direct violation of those very requisitions; nor
does the present federal constitution give Congress power to
enforce a compliance with the most trifling measure they may
recommend. Hence, liberty becomes licentiousness (for while
causes continue to produce their effects, want of energy in
government will be followed by disobedience in the gov-
erned). Hence, also, credit, whether foreign or domestic,
public or private, hath been abused, and, of course, is reduced
to the lowest ebb; Rhode Island faith in particular is become

* Independent Gazetteer, Sept. 26, 1787.

128 Before the Meeting of the Cotivention.

superlatively infamous, even to a proverb. Would to God
that censure in this respect were only due to that petty State!
Sorry I am to say, several others merit a considerable share
of it. Ship-building and commerce no more enrich our
country; agriculture is neglected, or what is just the same,
our produce, instead of being exported, is suffered to rot in
the fields. Britain has dared to retain our frontier posts,
whereby she not only deprives us of our fur trade, but is en-
abled to keep up a number of troops, to take every advantage
of au}' civil broils which may arise in these States; and to
close the dismal scene, rebellion, with all its dire concomi-
tants, has actually reared its head in a sister State — such have
been the deplorable effects of a weak and impotent govern-
ment. Perhaps the present situation of America cannot be
better described than by comparing her to a ship at sea in a
storm, when the mariners tie up the helm and abandon her
to the fury of the winds and waves. O, America! arouse!
awake from your lethargy! bravely assert the cause of federal
unanimity! and save your sinking country! Let it not be
said that those men who heroically extirpated tyranny from
America, should suffer civil discord to undo all that they have
achieved, or to effect more than all the powers of Britain,
aided by her blood-thirsty mercenaries, were able to accom-
plish. Let not posterity say: "Alas, our fathers expended
much blood and treasure in erecting the temple of liberty;
and when nothing more was wanting but thirteen pillars to
support the stately edifice, they supinely neglected this essen-
tial part; so has the whole become one mighty heap of ruins,
and slavery is entailed on their unhappy offspring." God
forbid that this should ever be the case!

Do any of my fellow citizens ask, how may we avert the
inpending danger? The answer is obvious; let us adopt that
federal constitution, which has been earnestly recommended
by a convention of patriotic sages, and which, while it gives
energy to our government, wisely secures our liberties. This
constitution, my friends, is the result of four months' deliber-
ation, in an assembly composed of men whose known integ-
rity, patriotism and abilities justly deserve our confidence; let

An Antifederalist Rebuked. 129

us also remember that the illustrious Washington was theii
President. And shall we, my fellow citizens, render all their
measures ineffectual by withholding our concurrence? The
preservation of ourselves and our country forbid it. Me-
thinks I hear every hill from St. Croix to the Mississippi re-
echo the praises of this simple but excellent constitution.

Having once adopted this truly federal form of government.
Dean Tucker and all the divines in England may prophecy
our downfall if they will, we shall not regard them. Then
shall commerce revisit our shores; then shall we take a dis-
tinguished rank among the nations of the earth; then shall
our husbandmen and mechanics of every denomination enjoy
the fruits of their industry; and then, and not till then, shall
we be completely happy. A Pennsyi^vania Farmer.

Bucks County^ Sept. 22, 1787.*

For the Independent Gazetteer.

Mr. Oswald: An anonymous scribbler, in the Freeman's
Journal of last Wednesday, has daringly attacked the new
federal constitution, in making objections to supposed faults
or defects therein, which this 7nock-patriot himself acknow-
ledges to be trivial and of very small importance. Why then
in the name of wonder has he started them at this awful
crisis, when the fate of America depends on the unanimity
of all classes of citizens in immediately establishing this
hitherto unequalled, and I am happy to add, this popnlaf
form of government? Certainly, with a design to sow dissen-
sions among the weak, the credulous and the ignorant, since
no other effect can be produced by his antifederal remarks at
this stage of the business.

I repeat it, sir, the proposed Federal Constitution is a mas-
ter-piece in politics, and loudly proclaims the wisdom of its
authors. But, even if it were imperfect, none of my fellow-
citizens are stupid enough to think it, like the laws of the
Medes and Persians, irrevocable and unalterable — no, it has
one article which wisely provides for future amendments and
alterations whenever they shall appear necessary. I can easily

* Ijodependent Gazetteer, Sept. 27, 1787.

130 Before the ]\Ieeting of the Convention.

perceive that the author of these silly remarks is the same
person who attacked the Convention, under the signature
of "Z," before the result of their deliberations was known.
Need we wonder, then, to find him carping at their works
when published?

This antifederalist should reflect that his name may yet be
known and himself branded with infamy as an enemy to the
happiness of the United States. I would therefore advise
him to choose some other subject for his remarks in future,
if he wishes to escape the just resentment of an incensed peo-
ple, who perhaps may honor him with a coat of

Tar and Feathers. *

For the Independent Gazetteer.

That the opinion of the people becomes of great moment,
either to impart applause or obtain condemnation on those
who have been signally employed in national service, is a
maxim established by experience; but it is generally best
understood and attended to by men of base intentions, who
to favor some deep design, take care to varnish out a scheme
of deception with apparent colors of truth, whereby the mul-
tudes seeing the object through false colors alone, are often
ensnared and led to adopt sentiments repugnant to their dear-
est interest. In the i^r^^;;m;2'j- y^z^r/m/ of Wednesday last,
a writer well acquainted with this principle has with daring
effrontery attempted to make strictures on our new constitu-
tion, in order to tarnish with his corrosive ink extracted
from an antifederal heart the lustre of our august Convention.
Instigated either by private designs of some party or by
hatred to the national character of America, he has set out,
with the nimble feet of counterfeit probity, to exhibit imagin-
ary defects, and to raise in the mind of the unthinking citi-
zens groundless conjectures, which, if not checked in time,
may become so deeply seated that the joint force of truth and
pure demonstration can scarce be able to erase them, or
until, perhaps, the injury done to our country be of such
magnitude that it will be equally indifferent whether the de-
ception be or be not discovered.

* Independent Gazetteer, Sept. 28, 1787.

An Antifederalist Rebuked. 131

In the exordium he says: "The writer of the following- re-
marks has the happiness and respectability of the United
States much at heart, and it is with pleasure he has seen a
system promulged by the late Convention, which promises to
ensure those blessings ; but as perfection is not in the lot of
human nature, we are not to expect it in the new federal con-
stitution. Candor must confess, however, that it is a well-
wrought piece of stuff, and claims upon the whole the appro-
bation of all the States. Our situation is critical and de-
mands our immediate care. It is therefore to be hoped that
every State will be speedy in calling a convention — speedy,
because the business is momentous and merits the utmost
deliberation." It is pleasant to observe with what affected
tenderness and diffidence this writer attempts to remark upon
the imperfections of our new constitution ; but, with all his
candor in allowing it to be a well-zvro2ight piece of stuffs I fear
there are some who will be apt to think that his design is to
seduce the people; as the devil is painted in his temptation
of Saint Anthony in the modest habit of a fair face and the
charming form of virgin innocence, but his cloven foot is
very visible to those who can take their eyes off the object of
seduction. " It is therefore to be hoped (says he) that every
State will be speedy in calling a convention" — but for
what? Why to follow the example of this writer, to remark
upon and to condemn several articles of the new constitution,
and finally to reject the whole of such a well-wrought piece
ofshiff. I appeal to the understanding, and ask, is not this
the language and true meaning of the writer?

Before he begins his futile remarks, he says: "The follow-
ing strictures on the proposed constitution are submitted with
diffidence. Excepting a single instance, they regard points
of an inferior magnitude only; and as the writer is not pos-
sessed of any of the reasons which influenced the convention,
he feels the more diffident in offering these remarks." Here
is a matter of curiosity, undoubtedly; this gentleman is 7iot
possessed of any of the reasons which influenced the convention^
and yet, I affirm it, there is not another person in America
besides himself unacquainted with them. There is not a man

132 Before the Meeting of the Convention.

in America or even in Europe possessed of common sense that
has heard of the meeting of that honorable body, but knows
the reasons and motives which influenced every member of
it. Yes, the very enemies of America known them well, and
will, I trust, soon feel their effects to their mortification.
The reasons and motives which influenced the convention
were: ^'To form a more perfect union, establish justice, en-
sure domestic tranquillity, provide for the common defence,
promote the general welfare, and to secure the blessings of
liberty to themselves and their posterity, and to promote the
lasting welfare of that country so dear to us all." These, I
say, were their motives; and where is the wretch so base as
to suppose they were influenced by any other. Perhaps the
writer may pretend to say that he meant no more in this
paragraph than he is not possessed of any of the reasons which
influenced the conventio7t to adopt those articles on which he has
thought proper to make his strictures. Now if this were his
meaning, the general answer given above will still apply; for
the same motives which influenced the convention to frame
the whole body of this noble constitution, must necessarily
have influenced them in framing every article of it, namely,
the good of their country. Is not such a writer either an in-
sidious enemy to his country or wilfully wicked?

But let us examine what he has to say against the constitu-
tion, and we will find that his objections are groundless and
absurd. His first remark is upon Art. I, Sec. 2: "The num-
ber of Representatives shall not exceed one for every 30,000."
After exhibiting a long paragraph of unmeaning sentences in
the discussion of this subject, he concludes: "In America
representation ought to be in a ratio with population. ' ' Now
the very article against which he objects manifestly provides
that the representation shall be in the direct ratio of the
population. It seems to me that this gentleman's idea of the
term ratio is to be explained by some learned definition of his
own, with which I hope he will soon favor the literati; and
then perhaps he will demonstrate the representation in Amer-
ica must increase in the djiplicate ratio or proportion of the
number of inhabitants. Such a learned Antifederal gentle-
man! O princeps asinorum!

An Atttifederalist Rebuked. 133

It would indeed be spending time in a useless manner to
remark upon all his strictures, which are equally erroneous.
I shall therefore pass over his second and third, and conclude
with taking some notice of his fourth or last remark, which
is on Art. Ill, Sec. 2: ''''The trial of all crimes^ except in cases
of impeachment^ shall be by jury. I sincerely wished," says
he, "the convention had said a jury of thirteen, a majority of
whom shall determine the verdict. Is it not extravagantly
absurd to expect that twelve men shall have but one opinion
among them upon the most difficult case? Common sense
revolts at the idea, while conscience shudders at the prostitu-
tion of an oath thus sanctioned by law! Starve or be perjured;
say our courts. The monstrous attachment of the people to
an English jury show how far the force of prejudice can go;
and the encomiums which have been so incessantly lavished
upon it should caution us against borrowing from others,
without the previous conviction of our own minds." Here
is a complete specimen of this man of diffidence and candor;
here we see him throwing off the mask, and stepping forth
with dauntless courage, and attacking, with philosophical
declamation, the first privilege of freemen — the noblest article
that ever entered the constitution of a free country — a jewel
whose transcendant lustre adds dignity to human nature.
No, sir, common sense does not revolt at the idea; common
sense and experience confirm the excellency of this law every
day; in short, your own condemnation of it is manifestly a
negative proof of its goodness. Sit perpetua hac lex. But
plunge this Janus, this double-faced wretch (who, under the
pretence of patriotism and candor, writes only with a view to
embarrass the mind, and so prevent the adoption of the new
constitution), into the mines a thousand yards deep; and there
let the injured ghost of Columbia incessantly torment the
monster. Nestor. *

To the Printer of the htdependent Gazetteer.

Sir: I am a Federal Man in the truest sense of the word.
I wish to see the United States in possession of a general

* Independent Gazetteer, Sept. 29, 1787.

134 Before the Meeting of the Convention.

government, which may ensure to them strength and liberty
at home and respectability abroad. But I do not agree with
a writer in your paper of this day that every person who ob-
jects to some parts, or even to the whole of the aristocratical
plan proposed by the late convention, ought to have "a
coat of tar and feathers.'''' Tar and feathers, I believe,
never made a convert to any system whatever, whether reli-
gious or political; and that must be a most noble form of
government indeed which requires such infamous measures
to support and establish it! That would be a mob govern-
ment with a witness.

At the glorious period of our Independence the newspapers
were filled with publications against as well as for that salu-
tary measure, and I am clearly of opinion that the LIBERTY
OF THE PRESS— the great bulwark of all the liberties of
the people — ought never to be restrained (notwithstanding
the honorable convention did not think fit to make the least
declaration in its favor) and that on every occasion truth and
justice should have Fair Play. *

2M1 Sept., 1787.

The inhabitants of the Old World, says a correspondent,
have long been looking at America to see whether liberty
and a republican form of government are worth contending
for. The United States are at last about to try the experi-
ment. They have formed a constitution, which has all the
excellencies, without any of the defects, of the European
governments. This constitution has been pronounced by
able judges to be the wisest, most free and most efficient of
any form of government that ancient or modern times have
produced. The gratitude of ages only can repay the enlight-
ened and illustrious patriots for the toil and time they have
bestowed in framing it.

It is remarkable that while the federal government lessens
the power of the States it increases the privileges of individ-
uals. It holds out additional security for liberty, property
and life in no less than five different articles which have no

* Independent Gazetteer, Sept. 29, 17S7.

Washington for President. 135

place iu any one of the State constitutions. It moreover
provides an eflfectual check to the African trade in the
course of one-and-twenty years. How honorable to America
— to have been the first Christian power that has borne a tes-
timony against a practice that is alike disgraceful to religion
and repugnant to the true interests and happiness of society!
George Washington, Esq., has already been destined by a
thousand voices to fill the place of the first President of the
United States under the new frame of government. While
the deliverers of a nation in other countries have hewn out a
way to power with the sword or seized upon it by stratagems
and fraud, our illustrious hero peaceably retired to his farm
after the war, from whence it is expected he will be called
by the suffrages of three millions of people to govern that
country by his wisdom (agreeable to fixed laws) which he
had previously made free by his arms. Can Europe boast of
such a man ? or can the history of the world show an instance
of such voluntary compact between the deliverer and the de-
livered of any country as will probably soon take place in the
United States?*

Mr. Oswald : I have never interested myself much in the
politics of the State, from an idea that the difference between
a Constitutionalist and a Republican was of so trifling a nature
that it was not worth interesting myself in. I have asked
some of the parties what they were contending for: was it
the bare name, a shadow, or was there a substance in view?
but found they could not tell. It then appeared to me like
two men worshipping the same being, but different in the
mode, as there were many valuable and worthy men in each
party who were worthy members of Republican government.

I have seen with astonishment "<a; land^^'' I may say,
''''flowing with milk and honey ^'^'' a country that can boast of
more natural advantages than perhaps any other on the face
of the globe, a-going to destruction from the factions and bad
policy of its inhabitants: I viewed with pleasure the meeting
of the late Federal Convention; a convention composed of

* Pennsylvania Packet, Sept. 27, 1787.

136 Before the Meeting of the Convention.

our wisest aud best men — men perhaps unequaled for wisdom
and virtue, with IVashuigton at their head, as the only thing
that could save a distressed people from destruction, and from
falling an easy prey to foreign powers. The Convention has
given us a constitution perhaps superior to any upon earth,
and notwithstanding its excellence, it meets the opposition
of a factious few, whose lives and conduct have been filled
with dissimulation and deceit. These few men have had
address sufficient to sway the judgment of nineteen of their
creatures, members of the late General Assembly, whose names
will be handed down with infamy to posterity. On Friday
last, when a vote was to be taken of the utmost importance to
Pennsylvania, and to keep them from attending the house
contrary to their positive oaths, contrary to religion and
virtue, and contrary to the real interest of their constituents,
who have unfortunately placed a mistaken confidence in their
integrity and patriotism, and who were paying them for their
attendance and service as their representatives.

The people will now be convinced that the leaders of this
party have not, nor never had, the real interest of Pennsyl-
vania in view; they have clearly shown that their attachments
to the Constitution were from its elasticity — they have turned
it, and twisted it, as their interest and party views required,
into a thousand shapes; and all under the mask of supporting
it, have created offices, officers, and place-men to strengthen
their party. They have, under a funding bill, loaded the
State with debts she never contracted, debts of the neighbor-
ing states, in order to enrich a few individuals in Philadel-
phia. In short, their conduct has been such as show the
only spark of patriotism they have is the bare name; I would
advise the leaders of this party to take care how they con-
duct themselves in future, to offer no more injuries — they are
well known. The people of Pennsylvania are an easy, good
people; but they are a spirited people. I^et those enemies to
the State and to the United States recollect how Doctor
Kearsley was treated in 1775, for his abuses of the people.
They may probably share the same fate he did.

The Federal constitution no doubt will put an end to all

Some Benefits of Federal Government. 137

parties, if it is adopted, as it clearly will. Offices and officers
will not be so numerous, nor offices so valuable, as to make it
the interest of the people to neglect their business in pursuit of
them. The large sums of money paid to a set of supernumer-
ary officers and members of Assembly and Executive Council,
will serve to pay our foreign and domestic debts. Our credit
at home and abroad will revive; our treasury will be enabled
to pay the real creditor, and the Federal treasury, by imposts
and indirect taxation, which will not be felt by the people,
will be enabled to answer all demands that may be upon it.
British gold could not have done more injury to Pennsylvania
than a few party men in Philadelphia have done, under the
mask of friends to the Constitution and friends to the peo-
ple. The grievance is great, and must be redressed. The
only cure for it is to lay hold of the heads of the faction, do
justice to yourselves, inflict the punishment on their persons
equal to their demerits, which, by the bye, will not be a small
one, and you will soon settle and cure the disease, and after-
wards be a happy people. A Mechanic. *

To the Printer of the Independeiit Gazetteer.

Sir: When we had the honor of addressing you, a few
days since, we hoped our caution to the modern Tories, alias
Anti-Federalists, might not be amiss. It has, however,
attracted the notice of your correspondent, "Fair Play,"
who observes that "we never made a convert, either in relig-
ion or politics." Well, sir, it is granted. We would ask
this gentleman, whether the sword, either of war or of justice,
has ever made proselytes to any opinion ? Certainly not in a
greater degree than we have. Yet it is often found expedient
to use these means (in punishing those on whom remon-
strance and reason were thrown away) for the same purpose
that Jehovah sent the deluge in Noah's days. Laughable
indeed would it be, to suppose that no villain, however dig-
nified among villains, ought to be punished, but with a view
to reclaim hi7n ; there is a point of more consequence to be
considered, and that is to expel from society a monster who is
unfit to associate with men, and thereby to deter others from

*Independent Gazetteer, Oci. 2, 17S7.

138 Before the Meeting of the Convention.

treading in his steps. That we have frequently, during the
Revolution, terrified the Tories^ or Antifederalists of those
times, into a moderate line of conduct, is well known. True,
indeed, we did not make many converts to Whiggism
(although we have often decorated the backs of those gentry);
neither did the sword.

If you trace our history, sir, you will find that we have been
faithful allies to America, throughout the late war ; but were
never well relished by the Tories, and a few sham, or luke-
warm Whigs. Should our country again demand our aid, we
shall cheerfully obey the summons. At the same time permit
us to declare, that we will never attack any real friend to
America, however different his sentiments may be from the
throng; nor will we ever assist in shackling the liberty of the
press, but on the contrary, will exert ourselves to the last, in
defence of that most invaluable privilege of freemen.

When, on Friday last, eighteen or nineteen human asses,
who are a disgrace to Pennsylvania, basely deserted the trust
reposed in them, by an unwarrantable revolt from the assem-
bly, we confess candidly that nothing could have given us
more pleasure than to have been employed in chastising these
disciples of Shays, wretches who were not influenced in their
defection by the laudable motives which actuated the citizens
of Rome, when they revolted, and were appeased by the in-
stitution of those popular magistrates, styled tribunes; nor by
that patriotic spirit, which prompted the illustrious English
Barons to extort "Magna Charta" from their tyrannical King
John. No, sir, those tools of sedition, whose ignorance is still
greater than their obstinacy, evidently copied after those
despicable incendiaries, Jack Straw and Wat Tyler, in en-
deavoring to introduce anarchy into these States, that they
might be an easy prey to their lord and master, Daniel Shays.
Against such traitors to their delegated trust, we would will-
ingly be engaged.

To conclude, we cannot help lamenting the monstrous in-
gratitude of the Americans in neglecting many of the best
friends of the revolution, and among the rest, their faithful
allies. Tar and Feathers.*

* Independent Gazetteer, Oct. 2, 1787.

''''Tar and Feathers''^ Rebuked. I39

To the Printer of the Independent Gazetteer.

Sir: Your correspondent, who has assumed the signature
of "Tar and Feathers," seems to allow that his mode of ad-
ministering justice never made a convert, yet persists in his
diabolical plan of endeavoring to inflame the minds of the
people against those who happen to differ from him on politi-
cal subjects. Perhaps, like the fox who lost his tail and strove
to persuade the rest of his species to have theirs cut off also,
he himself has undergone the disciplme he is now so anxious
to bestow on others. I wonder whether this gentleman
(though I much doubt he has any claim to the epithet) ever
had the honor of bearing either "the sword of war or of jus-
tice. ' ' One would be apt to conclude he never had ; otherwise,
he could not be so destitute of those excellent qualifications
which constitute the character of a good soldier and an im-
partial judge. Generous minds will ever rouse with indigna-
tion against such monsters as wish to interrupt the peace of
society by flying in the face of all law and authority; and I
must confess the new constitution comes in a very "question-
able shape," when attended with such furious advocates as
"Tar and Feathers." Brave men and good citizens will
never associate with the most abandoned of the humam
species, for such we must deem those creatures who contend
for mob govetnments, to abuse an individual because he enter-
tains a different opinion from themselves, or because he has
firmness and honesty enough to show his own sentiments.
None but the mere echoes and tools of party and faction would
engage in such dirty business.

It is a fact, I believe, that will not be denied, that many of
those who arrange themselves under the banner of those who
call themselves Federalists^ were either downright Tories^
lukewarm IVhigs^ or disaffected to the cause of America and
the revolution, and who now eagerly wish to seize the present
opportunity to gratify their revenge and to retaliate on the
real Whigs of 1775 and 1776. And I am more inclined to
espouse this opinion, because the author of "Tar and Feath-
ers" aims to destroy the distinction of Whig and Tory, and
to establish one more odious, viz. : Federalists and Anti-
Federalists.

^o Before the Meeting of the Convention.

The new friends to the tarring and feathering system seem
to direct their resentment against the Tories. ^''Laughable
indeed would it be to suppose'''' that they had not well exam-
ined and sought for 2. few of that class of beings among their
own party to begin with. Look at home first, Mr. Tar and
Feathers., and try to work a reformation there before you
begin to deal damnation abroad. There invoke the Great
Jehovah to forgive thy past crimes and follies; and presume
no more, thou blasphemous wretch, to compare your infamous
doctrine of expedients with the purpose of that Deity, "who
sent the deluge in the days of Noah. ' '

I shall conclude for the present, Mr. Oswald, with observing
that I consider this demon of discord as some cowardly 'V?7-
/«/;^," '''' however dignified among villains'''' — some ferocious
monster, whose nerves do not admit of his heading a tarring
and feathering mob., but who, at the same time, would rejoice
to see anarchy and confusion prevailing and triumphing over
peace and good order among the citizens of Philadelphia.

Fair Play.*

We are authorized to declare that the two first pieces pub-
lished in our paper, signed Tar and Feathers., were received
from a different quarter from the two last under the same sig-
nature; and that therefore no part of the reply by Fair Play
was intended for the author of the two first. He only meant
in general to reprobate the idea of raising a commotion
among the citizens, f

A correspondent informs us that a letter has lately been
written to the Stadtholder of Holland, inviting him to come
over to America, where there is shortly to be a vacancy. It
is to be hoped that, as he is so ill-treated by his own country-
men, he will be induced to accept the invitation.

Another correspondent observes that although the tide
seems to run so high at present in favor of the new constitu-
tion, there is no doubt but the people will soon change their

* Independent Gazetteer, Oct. 4, 1787.
i Independent Gazetteer, Oct. 6, 17S7.

A7t Antifederal View of "'The Blessings.'''' 141

minds when they have had time to examine it with coolness
and impartiality.

Among the blessings of the new proposed government, our
correspondent enumerates the following: i. The liberty of
the press abolished. 2. A standing army. 3. A Prussian
militia. 4. No annual elections. 5. Five-fold taxes. 6. No
trial by jury in civil cases. 7. General search warrants. 8.
Excise laws, custom-house officers, tide and land waiters,
cellar rats, etc. 9. A free importation of negroes for one
and twenty years. 10. Appeals to the supreme continental
courts, where the rich may drag the poor from the further-
most parts of the continent. 11. Elections for Pennsylvania
held at Pittsburg, or perhaps Wyoming. 12. Poll taxes for
our heads, if we choose to wear them. 13. And death if we
dare to complain.

A correspondent who sees with horror the low ribaldry
which is daily published against Messrs. Whitehill^ Findley
and other virtuous characters, cannot but lament the blind-
ness of those who smile at such wretched productions. Let
us suppose for a moment that the scene is reverted and that
a piece is published in which Robert Morris is styled a ras-
cal, Thomas Fitzsimons a scoundrel, George Clymer a vain
fool, etc., a cry oi scandahcm ^nagnattim will immediately be
raised — the people will take the part of the well-borii., not
from respect or love for their virtues^ but from reverence for
their Wealth. O altitudo divitiarum !

A correspondent with pleasure informs the public that
John Franklin.^ of Luzeriie county.^ a refractory member of
our late Assembly, was taken a few days ago by a few of the
old continental officers, and is now safely lodged with Cap-
tain Reynolds in the gaol of this city, where he is to remain
without bail or main-prize, until he is impeached with the
infamous nineteen members who had the audacity to attempt
the breaking up of the late House of Assembly at the close of
the last session, after wasting ^^1067 los. of the public's
money, without finishing any part of the business the House
had been sitting upon. *

* Independent Gazetteer, Oct. 6, 1787.

142 Before the Meeting of the Conveiition.

Mr. Oswald: I have put on my spectacles and read with at-
tention the proposed federal constitution, and find that the
right of citizenship, if it is adopted, will meet with a very
material change in one clause in the tenth section, "No
person except a natural born citizen of the United States, at
the time of the adoption of this constitution, shall be eligible
to the office of President; neither shall any person be eligible
to that office who shall not have attained to the age of thirty-
five years and been fourteen years a resident within the
United States." Now, I would only ask if this is not very
improper? The Americans ought not to be governors, they
ought to be governed — let them cultivate the soil, and Eu-
ropeans govern. What American in the United States is
capable of governing or being President? O! it is a horrid
constitution! Methinks the whole of it is da77iJiable. What
do you think, Mr. Oswald? A Gaul.*

According to advertisement, a very great concourse of peo-
ple attended at the state-house on Saturday evening, to fix
on a ticket of representatives for the ensuing General Assem-
bly.

Mr. Nixon was chosen chairman and Mr. Tench Coxe sec-
retary of the meeting.

Mr. Jackson having spoken, Mr. Gurney reported from a
committee that had been previously appointed, the following
names, which were separately offered to the consideration of
the citizens and approved of, viz. : William Will, Thomas
Fitzsimons, George Clymer, Jacob Hiltzheimer, William
Lewis.

On motion of Mr. Donaldson, the citizens of the respective
wards were requested to meet on Monday evening to appoint
proper persons for making out and circulating a sufficient
number of tickets in favor of the above persons.

Mr. Wilson then rose and delivered a long and eloquent
speech upon the principles of the federal constitution as pro-
posed by the late convention. The outlines of this speech
we shall endeavor to lay before the public, as tending to re-

* Independent Gazetteer, Oct. 9, 1787.

IVi/soii' s Stale House Speech. 143

fleet great light upon the interesting subject now in general
discussion.

Mr. Chatj-rnan and Fellow Citizens : Having received the
honor of an appointment to represent you in the late conven-
tion, it is perhaps my duty to comply with the request of
many gentlemen whose characters and judgments I sincerely
respect, and who have urged that this would be a proper oc-
casion to lay before you any information which will serve to
explain and elucidate the principles and arrangements of the
constitution that has been submitted to the consideration of
the United States. I confess that I am unprepared for so
extensive and so important a disquisition; but the insidious
attempts which are clandestinely and industriously made to
pervert and destroy the new plan, induce me the more readily
to engage in its defence; and the impressions of four months'
constant attention to the subject, have not been so easily
effaced as to leave me without an answer to the objections
which have been raised.

It will be proper, however, before I enter into the refutation
of the charges that are alleged, to mark the leading discrim-
ination between the State constitutions and the constitution
of the United States. When the people established the powers
of legislation under their separate governments, they invested
their representatives with every right and authority which
they did not in explicit terms reserve; and therefore upon
every question respecting the jurisdiction of the House of
Assembly, if the frame of government is silent, the jurisdic-
tion is efficient and complete. But in delegating federal
powers, another criterion was necessarily introduced, and the
congressional power is to be collected, not from tacit implica-
tion, but from the positive grant expressed in the instrument
of the union. Hence, it is evident, that in the former case
everything which is not reserved is given; but in the latter
the reverse of the proposition prevails, and everything which
is not given is reserved.

This distinction being recognized, will furnish an answer
to those who think the omission of a bill of rights a defect
in the proposed constitution; for it would have been super-

144 Before the Aleetmg of the Convention.

fluous and absurd to have stipulated with a federal body
of our own creation, that we should enjoy those privileges
of which we are not divested, either by the intention or
the act that has brought the body into existence. For
instance, the liberty of the press, which has been a copious
source of declamation and opposition — what control can pro-
ceed from the Federal government to shackle or destroy that
sacred palladium of national freedom ? If, indeed, a power
similar to that which has been granted for the regulation of
commerce had been granted to regulate literary publications,
it would have been as necessary to stipulate that the liberty
of the press should be preserved inviolate, as that the impost
should be general in its operation. With respect like-
wise to the particular destrict of ten miles, which is to be
made the seat of federal government, it will undoubtedly be
proper to observe this salutary precaution, as there the legis-
tive power will be exclusively lodged in the President,
Senate, and House of Representatives of the United States.
But this could not be an object with the Convention, for it
must naturally depend upon a future compact, to which the
citizens immediately interested will, and ought to be, parties;
and there is no reason to suspect that so popular a privilege
will in that case be neglected. In truth, then, the proposed
system possesses no influence whatever upon the press, and it
would have been merely nugatory to have introduced a
formal declaration upon the subject — nay, that very declara-
tion might have been construed to imply that some degree of
power was given, since we undertook to define its extent.

Another objection that has been fabricated against the new
constitution, is expressed in this disingenious form — "The
trial by jury is abolished in civil cases." I must be excused,
my fellow citizens, if upon this point I take advantage of my
professional experience to detect the futility of the assertion.
Let it be remembered then, that the business of the Federal
Convention was not local, but general — not limited to the
views and establishments of a single State, but co-extensive
with the continent, and comprehending the views and estab-
lishments of thirteen independent sovereignities. When,

Wilson on Jury Trial. 145

therefore, this subject was in discussion, we were involved in
difficulties which pressed on all sides, and no precedent could
be discovered to direct our course. The cases open to a trial
by jury differed in the different States. It was therefore im
practicable, on that ground, to have made a general rule
The want of uniformity would have rendered any reference
to the practice of the States idle and useless; and it could
not with any propriety be said that, "The trial by jury shall
be as heretofore," since there has never existed any federal
system of jurisprudence, to which the declaration could
relate. Besides, it is not in all cases that the trial by jury is
adopted in civil questions; for cases depending in courts of
admiralty, such as relate to maritime captures, and such as
are agitated in courts of equity, do not require the interven-
tion of that tribunal. How, then was the line of discrimina-
tion to be drawn ? The Convention found the task too diffi-
cult for them, and they left the business as it stands, in the
fullest confidence that no danger could possibly ensue, since
the proceedings of the Supreme Court are to be regulated
by the Congress, which is a faithful representation of the
people; and the oppression of government is effectually
barred, by delaring that in all criminal cases the trial by jury
shall be preserved.

This constitution, it has been further urged, is of a perni-
cious tendency, because it tolerates a standing army in the
time of peace. This has always been a topic of popular
declamation; and yet I do not know a nation in the world
which has not found it necessary and useful to maintain the
appearance of strength in a season of the most profound
tranquility. Nor is it a novelty with us; for under the pres-
ent articles of confederation, Congress certainly possesses
this reprobated power, and the exercise of that power is
proved at this moment by her cantonments along the banks
of the Ohio. But what would be our national situation were
it otherwise? Every principle of policy must be subverted,
and the government must declare war, before they are pre-
pared to carry it on. Whatever may be the provocation,
however important the object in view, and however necessary

146 Before the Meeting of the Convention.

dispatch and secrecy may be, still the declaration mnst pre-
cede the preparation, and the enemy will be informed of your
intention, not only before you are equipped for an attack,
but even before you are fortified for a defence. The conse-
quence is too obvious to require any further delineation, and
no man who regards the dignity and safety of his country can
deny the necessity of a military force, under the control and
with the restrictions which the new constitution provides.

Perhaps there never was a charge made with less reasons
than that which predicts the institution of a baneful aristoc-
racy in the federal Senate. This body branches into two
characters, the one legislative and the other executive. In
its legislative character it can effect no purpose, without the
co-operation of the House of Representatives, and in its
executive character it can accomplish no object without the
concurrence of the President. Thus fettered, I do not know
any act which the Senate can of itself perform, and such
dependence necessarily precludes every idea of influence and
superiority. But I will confess that in the organization of
this body a compromise between contending interests is
descernible; and when we reflect how various are the laws,
commerce, habits, population and extent of the confederated
States, this evidence of mutual concession and accommoda-
tion ought rather to command a generous applause, than to
excite jealousy and reproach. For my part, my admiration
can only be equalled by my astonishment in beholding so
perfect a system formed from such heterogeneous materials.

The next accusation I shall consider is that which repre-
sents the federal constitution, as not only calculated, but
designedly framed, to reduce the State governments to mere
corporations, and eventually to annihilate them. Those who
have employed the term corporation upon this occasion are
not perhaps aware of its extent. In common parlance,
indeed, it is generally applied to petty associations for the
ease and convenience of a few individuals; but in its enlarged
sense, it will comprehend the government of Pennsylvania,
the existing union of the States, and even this projected
system is nothing more than a formal act of incorporation.

Wilson on ''State Rights.''' 147

But upon what pretence can it be alleged that it was designed
to annihilate the State governments ? For I will undertake
to prove that upon their existence depends the existence of
the Federal plan. For this purpose, permit me to call your
attention to the manner in which the President, Senate and
House of Representatives are proposed to be appointed. The
President is to be chosen by electors, nominated in such
manner as the legislature of each State may direct; so that if
there is no legislature there can be no electors, and conse-
quently the office of President cannot be supplied.

The Senate is to be composed of two Senators from each
State, chosen by the Legislature; and, therefore, if there is
no Legislature, there can be no Senate. The House of Repre-
sentatives is to be composed of members chosen every second
year by the people of the several States, and the electors in
each State shall have the qualifications requisite for electors
of the most numerous branch of the State Legislature; un-
less, therefore, there is a State Legislature, that qualification
cannot be ascertained, and the popular branch of the federal
constitution must be extinct. From this view, then, it is
evidently absurd to suppose that the annihilation of the
seperate governments will result from their union; or, that
having that intention, the authors of the new system would
have bound their connection with such indissoluble ties. Let
me here advert to an arrangement highly advantageous, for
you will perceive, without prejudice to the powers of the
Legislature in the election of Senators, the people at large
will acquire an additional privilege in returning members to
the House of Representatives; whereas, by the present con-
federation, it is the Legislature alone that appoints the dele-
gates to Congress.

The power of direct taxation has likewise been treated
as an improper delegation to the federal government; but
when we consider it as the duty of that body to provide for
the national safety, to support the dignity of the union, and
to discharge the debts contracted upon the collected faith of
the States for their common benefit, it must be acknowledged
that those upon whom such important obligations are im-

148 Before the Meeting of the Convention.

posed, ought in justice and in policy to possess every means
requisite for a faithful performance of their trust. But why
should we be alarmed with visionary evils? I will venture
to predict that the great revenue of the United States must,
and always will, be raised by impost, for, being at once less
obnoxious and more productive, the interest of the govern-
ment will be best promoted by the accommodation of the
people. Still, however, the objects of direct taxation should
be within reach in all cases of emergency; and there is no
more reason to apprehend oppression in the mode of collect-
ing a revenue from this resource, than in the form of an
impost, which, by universal assent, is left to the authority of
the federal government. In either case, the force of civil
institutions will be adequate to the purpose; and the dread
of military violence, which has been assiduously disseminated,
must eventually prove the mere effusion of a wild imagina-
tion or a factious spirit. But the salutary consequences that
must flow from thus enabling the government to receive and
support the credit of the union, will afford another answer to
the objections upon this ground. The State of Pennsylvania
particularly, which has encumbered itself with the assump-
tion of a great proportion of the public debt, will derive con-
siderable relief and advantage; for, as it was the imbecility
of the present confederation which gave rise to the funding
law, that law must naturally expire, when a competent and
energetic federal system shall be substituted — the State will
then be discharged from an extraordinary burthen, and the
national creditor will find it to be his interest to return to his
original security.

After all, my fellow-citizens, it is neither extraordinary or
unexpected that the constitution offered to your consideration
should meet with opposition. It is the nature of man to pur-
sue his own interest in preference to the public good, and I
do not mean to make any personal reflection when I add
that it is the interest of a very numerous, powerful and re-
spectable body to counteract and destroy the excellent work
produced by the late convention. All the officers of govern-
,ment and all the appointments for the administration of jus-

RusK s State House Speech. 149

tice and the collection of the public revenue, which are
transferred from the individual to the aggregate sovereignty
of the States, will necessarily turn the stream of influence
and emolument into a new channel. Every person, there-
fore, who enjoys or expects to enjoy a place of profit under
the present establishment, will object to the proposed innova-
tion; not, in truth, because it is injurious to the liberties of
his country, but because it affects his schemes of wealth and
consequence. I will confess, indeed, that I am not a blind
admirer of this plan of government, and that there are some
parts of it which, if my wish had prevailed, would certainly
have been altered. But, when I reflect how widely men dif-
fer in their opinions, and that every man (and the observation
applies likewise to every State) has an equal pretension to
assert his own, I am satisfied that anything nearer to perfec-
tion could not have been accomplished. If there are errors,
it should be remembered that the seeds of reformation are
sown in the work itself, and the concurrence of two-thirds of
the Congress may at any time introduce alterations and
amendments. Regarding it, then, in every point of view,
with a candid and disinterested mind, I am bold to assert
that it is the best form of government which has ever been
offered to the world.

Mr. Wilson's speech was frequently interrupted with loud
and unanimous testimonies of approbation, and the applause
which was reiterated at the conclusion evinced the general
sense of its excellence, and the conviction which it had im-
pressed upon every mind.

Dr. Rush then addressed the meeting in an elegant and
pathetic style, describing our present calamitous situation,
and enumerating the advantages which would flow ft om the
adoption of the new system of federal government. The ad-
vancement of commerce, agriculture, manufactures, arts and
sciences, the encouragement of emigration, the abolition of
paper money, the annihilation of party, and the prevention
of war, were ingeniously considered as the necessary conse-
quences of that event. The doctor concluded with an em-
phatic declaration — "Were this the last moment of his exist-

150 Before the Meeting of the Convention.

ence, his dying request and injunction to his fellow citizens
Vv^ould be, to accept and support the offered constitution."

Mr. Gurney moved that a committee be appointed to write
and publish answers, under the authority of their names, to
the anonymous pieces against the federal constitution. But
Mr. Donaldson observing that it would be improper to ex-
pose any particular gentleman to a personal attack, Col.
Gurney's motion was withdrawn.

The thanks of the meeting being presented to the chairman,
the business of the evening was closed.*

Messers. Printers — Please to republish the following, and
oblige "A Constant Reader:"

The arguments of the Honorable Mr. Wilson, expressed in
the speech that he made at the State House on the Saturday
preceding the general election, although extremely ingenioits^
and the best that could be adduced in support of so bad a
cause, are yet extremely yz////^, and will not stand the test of
investigation.

In the first place, Mr. Wilson pretends to point out a lead-
ing discrimination between the State constitution and the
constitution of the United States. In the former, he says,
every power which is not reserved is given^ and in the latter,
every power which is not given is reserved. And this may
furnish an answer, he adds, to those who object that a bill of
rights has not been introduced in the proposed federal consti-
tution. If this doctrine is true, and since it is the only-
security that we are to have for our natural rights, it ought at
least to have been clearly expressed in the plan of govern-
ment. The second section of the present articles of con-
federation says: Each State retains its sovereignty.^ freedom
and ijidependejice., and every power., jurisdiction and right
which is not by this confederation expressly delegated to the
United States in Congress assembled. This declaration (for
what purpose I know not) is entirely omitted in the proposed
constitution. And yet there is a material difference between
this constitution and the present confederation, for Congress

* Pennsylvania Packet, Oct. 10, 1787.

Liberty of the Press Destroyed, 151

in the latter are merely an executive body; it has no power
to raise money, it has no judicial jurisdiction. In the other,
on the contrary, the federal rulers are vested with each of the
three essential powers of government — their laws are to be
paramount to the laws of the different States: what then will
there be to oppose to their encroachments? Should they ever
pretend to tyrannize over the people, their standing army
will silence every popular effort; it will be theirs to explain
the powers which have been granted to them; Mr. Wilson's
distinction will be forgot, denied or explained away, and the
liberty of the people will be no more.

It is said in the second section of the third article of the
federal plan: "The judicial power shall extend to all cases in
law and equity arising under this constitution. " It is very
clear that under this clause, the tribunal of the United States
may claim a right to the cognizance of all offences against the
general government, and libels will not probably be ex-
cluded. Nay, those offences may be by them construed, or
by law declared, misprision of treason, an offence which
comes literally under their express jurisdiction. Where is
then the safety of our boasted liberty of the press ? And in
case of a conflict of jurisdiction between the courts of the
United States, and those of the several commonwealths, is
it not easy to foresee which of the two will obtain the ad-
vantage ?

Under the enormous power of the new confederation, which
extends to the individuals as well as to the States of America,
a thousand means may be devised to destroy effectually the
liberty of the press. There is no knowing what corrupt and
wicked judges may do in process of time, when they are not
restrained by express laws. The case of John Peter Zenger,
of New York, ought still to be present to our minds, to con-
vince us how displeasing the liberty of the press is to men in
high power. At any rate, I lay it down as a general rule,
that wherever the powers of a government extend to the lives,
the persons and properties of the subject, all of their rights
ought to be clearly and expressly defined; otherwise, they
have but a poor security for their liberties.

152 Before the Meeting of the Convention.

The second and most important objection to the federal
plan, which Mr. Wilson pretends to be made in a disingenu-
ons form, is the entire abolition of the trial by jury in civil
cases. It seems to me that Mr. Wilson's pretended answer is
much more disingenuous than the objection itself, which I
maintain to be strictly founded in fact. He says, "that the
cases open to trial by jury differing in the different States, it
was therefore impracticable to have made a general rule."
This answer is extremely futile, because a reference might
easily have been made to the common law of England, which
obtains through every State, and cases in the maritime and
civil law courts would, of course, be excepted. I must also
directly contradict Mr. Wilson when he asserts that there is
no trial by jury in the courts of chancery. It cannot be un-
known to a man of his high professional learning, that when-
ever a difference arises about a matter of fact in the courts of
equity in America or England, the fact is sent down to the
courts of common law to be tried by a jury, and it is what the
lawyers call a feigned issue. This method will be impracti-
cable under the proposed form of judicial jurisdiction for the
United States.

But setting aside the equivocal answers of Mr. Wilson, I
have it in my power to prove that under the proposed federal
constitution, the trial of facts in civil cases by a jnry of the
vicinage i?, entirely and effectually abolished, and will be ab-
solutely impracticable. I wish the learned gentleman had
explained to us what is meant by the appellate jurisdiction as
to law and fact which is vested in the superior court of the
United States ? As he has not thought proper to do it, I shall
endeavor to explain it to my fellow citizens, regretting at the
same time that it has not been done by a man whose abilities
are so much superior to mine. The word appeal^ if I under-
stand it right, in its proper legal signification includes the fact
as well as the law, and precludes every idea of a trial by jury.
It is a word of foreign growth, and is only known in England
and America in those courts which are governed by the civil
or ecclesiastical law of the Romans. Those courts have always
been considered in England as a grievance, and have all been

Trial by Jury Abolished. 153

established by the usurpations of the eclesiastical over the
civil power. It is well known that the courts of chancery in
England were formerly entirely in the hands of ecclesiastics,
who took advantage of the strict forms of the common law,
to introduce a foreign mode of jurisprudence under the
specious name of equity. Pennsylvania, the freest of the
American States, has wisely rejected this establishment, and
knows not even the name of a court of chancery. And, in
fact, there cannot be anything more absurd than a distinction
between law and equity. It might perhaps have suited those
barbarous times when the law of England, like almost every
other science, was perplexed with quibbles and Aristotelian
distinctions, but it would be shameful to keep up in these
more enlightened days. At any rate, it seems to me that
there is much more equity in a trial by jury than in an ap-
pellate jurisdiction from the fact.

An appeal, therefore, is a thing unknown to the common
law. Instead of an appeal from facts, it admits of a second
or even third trial by different juries, and mistakes in points
of law are rectified by superior courts in the form of a writ of
error; and to a mere common lawyer, unskilled in the forms
of the civil law courts, the words appeal from law and fact
are mere nonsense and unintelligible absurdity.

But, even supposing that the superior court of the United
States had the authority to try facts by juries of the vicinage,
it would be impossible for them to carry it into execution.
It is well known that the supreme courts of the different
States, at stated times in every year, go round the different
counties of their respective States to try issues of fact, which
is called riding the circuits. Now, how is it possible that
the supreme continental court, which we will suppose to con-
sist at most of five or six judges, can travel at least twice in
every year through the different counties of America, from
New Hampshire to Kentucky and from Kentucky to Georgia,
to try facts by juries of the vicinage? Common sense will
not admit of such a supposition. I am therefore right in my
assertion, that trial by jury in civil cases is by the proposed
constitution enlirely done away and effectually abolished.

154 Before the Meeting of the Convention.

Let us now attend to the consequences of this enormous
innovation and daring encroachment on the liberties of the
citizens. Setting aside the oppression, injustice and partial-
ity that may take place in the trial of questions of property
between man and man, we will attend to one single case,
which is well worth our consideration. Let us remember
that all cases arising under the new constitution and all mat-
ters between citizens of different States are to be submitted to
the new jurisdiction. Suppose, therefore, that the military
officers of Congress, by a wanton abuse of power, imprison the
free citizens of the United States of America; suppose the ex-
cise or revenue officers (as we find in Clayton's Reports, page
44, Ward's case) — that a constable, having a warrant to search
for stolen goods, pulled down the clothes of a bed in which
there was a woman and searched under her shift — suppose, I
say, that they commit similar or greater indignities, in such
cases a trial by jury would be our safest resource, heavy dam-
age would at once punish the offender and deter others from
committing the same; but what satisfaction can we expect
from a lordly court of justice, always ready to protect the offi-
cers of government against the weak and helpless citizens,
and who will perhaps sit at the distance of many hundred
miles from the place where the outrage was committed ?
What refuge shall we then have to shelter us from the iron
hand of arbitrary power? O! my fellow-citizens, think of
this while it is yet time, and never consent to part with the
glorious privilege of trial by jury but with your lives.

But Mr. Wilson has not stopped here. He has told us that
a standing army, that great support of tyrants, not only was
not dangerous, but was absolutely necessary. O, my much
respected fellow citizens ! and are you then reduced to such a
degree of insensibility, that assertions like these will not
rouse your wannest resentment and indignation ? Are we
then, after the experience of past ages, and the result of the
enquiries of the best and most celebrated patriots have taught
us to dread a standing army above all earthly evils — are we
then to go over all the threadbare, common-place arguments
that have been used without success by the advocates of

Standing Ainny. 155

tyranny, and which have been for a long time past so glori-
ously refuted? Read the excellent Burgh in his political
disquisitions on this hackneyed subject, and then say
whether you think that a standing army is necessary in a
free country. Even Mr. Hume, an aristocratical writer, has
candidly confessed that an army is a moral distemper in a
government^ of which it mzist at last inevitably perish (2d
Burgh, 349), and the Earl of Oxford (Oxford the friend of
France and the Pretender, the attainted Oxford), said in the
British parliament, in a speech on the mutiny bill, that,
" While he had breath he would speak for the liberties of his
country, and against courts martial and a standing army in
peace, as dangerous to the Constitution." (Ibid., page 455.)
Such were the speeches even of the enemies of liberty when
Britain had yet a right to be called free. But, says Mr.
Wilson, "It is necessary to maintain the appearance of
strength even in times of the most profound tranquillity."
And what is this more than a thread-bare hackneyed argu-
ment, which has been answered over and over in different
ages, and does not deserve even the smallest consideration ?
Had we a standing army when the British invaded our peace-
ful shores ? Was it a standing array that gained the battles
of Lexington and Bunker Hill, and took the ill-fated Bur-
goyne ? Is not a well-regulated militia sufficient for every
purpose of internal defence ? And which of you, my fellow
citizens, is afraid of any invasion from foreign powers that
our brave malitia would not be able immediately to repel ?

Mr. Wilson says, that he does not know of any nation in
the world which has not found it necessary to maintain the
appearance of strength in a season of the most profound tran-
quillity. If by this equivocal assertion he has meant to say that
there is no nation in the world without a standiiig army in
time ofpeace^ he has been mistaken. I need only adduce the
example of Switzerland, which, like us, is a republic, whose
thirteen cantons, like our thirteen States, are under a federal
government, and which besides is surrounded by the most
powerful nations in Europe, all jealous of its liberty and
prosperity. And yet that nation has preserved its freedom

156 Before the Meeting of the Conventiojt.

for many ages, with the sole help of a militia, and has never
been known to have a standing army, except when in actual
war. Why should we not follow so glorious example, and
are we less able to defend our liberty without an army, than
that brave but small nation, which, with its militia alone has
hitherto defied all Europe?

It is said likewise, that a standing army is not a new thing
in America — Congress even at this moment have a standing
army on foot. I answer that precedent is not principle. Con-
gress have no right to keep up a standing army in time of
peace. If they do, it is an infringement of the liberties of
the people — wrong can never be justified by wrong: but it is
well known that the assertion is groundless — the few troops
that are on the banks of the Ohio, were sent for the express
purpose of repelling the invasion of the savages and protect-
ing the inhabitants of the frontiers. It is our misfortune that
we are never at peace with those inhuman butchers of their
species, and while they remain in our neighborhood, we are
always, with respect to them, in a state of war — as soon as
the danger is over, there is no doubt but Congress will dis-
band their handful of soldiers; it is therefore not true that
Congress keep up a standing army in a time of peace and pro-
found security.

The objection to the enormous powers of the President and
Senate is not the least important of all, but it requires a full
discussion and ample investigation. I shall take another op-
portunity of laying before the public my observations upon
this subject, as well as upon every other part of the new con-
stitution. At present I shall only observe that it is an estab-
lished principle in America, which pervades every one of our
State constitutions, that the legislative and executive powers
ought to be kept forever separate and distinct from each other;
and yet in this new constitution we find there are two execu-
tive branches, each of which has more or less control over the
proceedings of the LrCgislature. This is an innovation of the
most dangerous kind upon every known principle of govern-
ment, and it will be easy for me to convince my fellow citizens
that it will, in the first place, create a Venetian aristocracy,
and, in the end, produce an absolute monarchy.

Replies to ^'Centineiy 157

Thus I "have endeavored to answer to the best of my
abilities the principal arguments of Mr. Wilson. I have writ-
ten this in haste, in a short interval of leisure from my usual
avocations. I have only traced the outlines of the subject,
and I hope some abler hand will second my honest endeavors.
A Democratic Federalist.*

From a Correspondent. — A medical gentleman speaking to
one of his frinds about the piece signed Centinel^ asked him
if he had seen the couching needle. It seems that that gen-
tleman is justly apprehensive that many citizens are afflicted
with the cataract, and that this excellent piece will be of
great use to remove the inspissation of the crystalline humor
of their eyes. (Johnson.)

Those who say that the petition presented to the Legisla-
ture, praying them to call a convention to adopt the new
federal plan, assert what is not strictly true. There were not
above 3,000 signatures from the whole city and Liberties,
and it is well known that the city alone contains 5,000 taxa-
bles; the districts of South wark and the Northern Liberties
may contain about 2,000, which makes 7,000. Here then are
4,000 who have not signed; and now deduct from the number
of signers the minors, foreigners and old women, who have
subscribed this famous petition, and see whether there is any
ground for the assertion that was made in the House of
Assembly, and echoed and re-echoed afterwards out of doors,
and judge also whether there are no more than five persons
opposed to this precious new plan.

The Couching Needle, t

For the Independent Gazetteer.

Mr. Printer : The Centinel in your paper of last Friday,
compliments the citizens of Philadelphia when he says, " A
frenzy of enthusiasm has actuated them in their approbation
of the proposed federal constution, before it was possible that

* Pennsylvania Packet, Oct. 23, 1787.
t Independent Gazetteer, Oct. lO, 1787.

158 Before the Meeting of the Convention.

it could be the result of a rational investigation." This,
however, is trivial, compared with the sequel, wherein he
charges the worthy and very patriotic characters of whom
the late convention was composed, with a conspiracy against
the liberty of their country. Not even the immortal Wash-
ington, nor the venerable Franklin, escapes his satire; but
both of them, says this insidious enemy to his country, were
nan compos mentis when they concurred in framing the
new federal constitution. When he ventured to make these
assertions against characters so very respectable, he should
have been able to support the charge. One of his objections
to this constitution is, that each State is to have two senators,
and not a number proportioned to its inhabitants. Here he
has fallen into a terrible inconsistency, not recollecting that
such is the mode of electing members of the Supreme Execu-
tive Council in this State, where every county appoints one,
and only one, without any regard had to the number of tax-
ble inhabitants in the respective counties. Yet he has gone
so far in panegyrics upon the constitution of this State, as to
maintain that a similar one would be the best that could be
devised for the United States.

Had the different members of the Convention entertained
sentiments thus narrow, local, contracted and selfish, each
would have proposed the constitution of his own State, and
they would never have united in forming that incomparable
one which is now exhibited to our view, and which, without
partiality to any particular State, is adapted to the general
circumstances of all.

I am happy to find the distinction of Republican and Con-
stitutionalist in this city has given way to the more important
one of Federalist and Antifederalist. Such a worthy example
will, I trust, be imitated through every part of this State.

To conclude, sir, if some person of better abilities should
not step forth in defence of the form of government proposed
by the Convention, I shall hold myself bound, in duty to the
welfare of my country, to expose upon a future occasion the
weakness and futility of CentineV s arguments, together with
the motives which urged him to undertake the infamous job.

Replies to '■''Centmel.'''' 159

I shall not, however, retort his torrents of personal invective,
but shall take notice of the sophistry he has made use of, so
far as it is calculated to mislead the citizens of Pennsylvania,
or of the adjacent states. A Federalist. *

For the Independent Gazetteer.

Mr. Oswald: I have read without spectacles the proposed
Federal Constitution, and I see with the most heartfelt plea-
sure the resemblance that it bears to that of our much
admired Sublime Porte. Your President general will greatly
resemble in his powers the mighty Ahdul Ahmed, our
august Sultan — the senate will be his divan — your standing
army will come in the place of our janizaries — your judges
unchecked by vile juries may with great propriety be styled
cadis ; and bishop Seabury will be your mufti. Oh ! I am
delighted with this new Constitution — is it not a charming, a
beautiful form of government? What do you think, Aga
Oswald? What do you say, you Christian dog?

Allah ekber, allah illallah, Mohammed resul allah !

A TuRK.f

For the Independent Gazetteer.

Mr. Printer: The authors of a late publication in your
paper, signed Centinel^ which has represented Doctor Frank-
lin as a fool from age, and General Washington as a fool from
nature, and which is replete with the grossest falsehoods and
absurdities, have concluded their address with some lines
from Shakespeare. The only answer that such an infamous
libel upon distinguished merit, truth and liberty, is entitled
to, may be taken from the works of a British poet of equal
fame.

The Convention

" Did but teach the age to quit their clogs,
By the plain rules of ancient liberty :
When lo ! a barbarous noise surrounded them —
Of owls, and cuckows, asses, apes, and dogs." Mll,TON.t
Montgomery County^ October 8th^ ^7^7-

*Independent Gazetteer, Oct. 10, 1787.
t Independent Gazetteer, Oct. 10, 1787.

l6o Before the Meeting of the Conve^ition.

Extract of a letter from Sussex (Delaware), September 29.

"I must not forget to mention by way of postscript, that
one of the newspapers of your city, some time in August last,
by the accidental transposition of a single letter, occasioned
an explanation that has afforded some merriment. The
paper, instead of the words United States read Untied States.
A farmer of my acquaintance in reading over the paper was
at a loss what to make of the matter. "Untied States,
Untied States, (said he) what can this mean ? certainly it
cannot mean that our governments are dissolved." The

same evening he carried the paper to old Mr. G , who,

you know, keeps a school in the neighborhood, and desired

an explanation. Mr. G , after putting on his spectacles

to prevent a possibility of deception, examined the paragraph,
and found what the man said to be true. " It is even as you
say, John, (replied he) and I think it can mean nothing more
than that the States are, or shortly will be, no longer bound
by their old Constitutions : that is, they will be completely
untied from them, as soon as the new Constitution comes
abroad ! " *

A correspondent observes that the opposers of the federal
constitution are secretly affecting delay in order to prevent
its adoption. In the mean time, they are moving heaven and
earth to prejudice the public mind against it. They do not
reason, but abuse — General Washington^ they (in effect) say,
is a dupe, and Doctor Franklin^ an old fool — vide the Centi-
nel. They will doubtless in their next publications, assert
that Daniel Shays is the best patriot in the United States,
and iX\2Xfohn Franklin should be king of Pennsylvania.

He further observes, that as delay is the means by which
they are contriving to carry their point, they are about
sending deputies to find out Lycurgus, the ancient lawgiver
of the Spartans, whose death has never been clearly ascer-
tained. Their errand is to invite him among us, that he may
form another federal constitution. That until Lycurgus shall
come, it will not be proper to adopt the constitution proposed

* Independent Gazetteer, Oct. 11, 1787.

Antifederal Scribblers Denounced. i6i

by the convention, as he having lived two thousand years,
will be able to frame a better one. They have agreed that
when he shall come, they will renounce their offices as too
profitable for his frugal plan of government, or will at least
take their fees and salaries in iron, instead of gold and silver,
pound for pound. But until Lycurgus come, they will hold
their present offices and take their fees and salaries in gold
and silver, as will be very convenient.

He further asks, whether any man of common sense be-
lieves we shall have another federal convention if the present
plan is not adopted ? — whether the complying States can be-
lieve Pennsylvania to be serioiis in her federal professions, if
she rejects a plan recommended by men so experienced, able
and upright, as the late convention, especially after so full a
consideration of the subject ?

He is curious to know what men will be named who are
likely to form a better plan — and whether the nineteen seced-
ing members, the Centinel and the Old Whig^ are to be of
the number — lastly, if they are, whether they are prepared to
give security to their constituents that they will not desert
their duty and make another secession when the salvation of
their country depends on their keeping their posts. *

For the Indepeiident Gazetteer,

Were it possible to suppress the honest indignation of patri-
otism, or to stifle that resentment which arises against the
foes of persecuted America, while we behold the boasted free-
dom of her press prostituted to the purposes of her bitterest
enemies — yet would the soldier, who has fought and bled by
the side of his beloved chief (while many of these miscreants
mingled in the opposing ranks), have cause to reproach him-
self did he silently suffer his respected name to be thus vili-
fied by the base agents of Europe, or the baser parricides of
America, who (under the cloak of concern lest the liberties of
this land should be exposed to danger from the determinations
of a Washmgton^ a Franklin^ a Livingston^ a Rutledge, a Dick-

* Independent Gazetteer, Oct. 13, 1787.

i6z Before the Meeting of the Convention.

inson^ a Afadison^ a Morris^ a Hamilton), are allowed to act a
part for which the laws of Athens would have consigned them
to the gibbet. No, Mr. Printer, the honest American, who,
in asserting the freedom of the western world, wasted his
youth and impaired his fortune, has a right to look for protec-
tion from the government in his old age — and he will rather
rise in vengeance than submit to be thus abused by the
Briton, the Gaul, the Spaniard, the Turk, or the turn-coat
Atnerican — and whether they act in their distinct capacities
of agents for their several countries, or are leagued with the
detestable placemen of our own country, in opposing the es-
tablishment of the Federal Constitution, that first production
of political wisdom and integrity, they are alike the objects
of a just resentment, from which neither the gold of Europe,
nor the friendship of apostate Americans, will be able to pro-
tect them, Dentatus.*

Mr. Oswald: Methinks by this time you are more fully
convinced of the justice of my remarks on the federal consti-
tution. I am astonished that so many of the Americans were
so stupidly ignorant of their real interest as to run headlong
with an enthusiastic spirit or mistaken zeal, and sign peti-
tions to the late House of Assembly praying for the calling
of a State convention, for the adoption of so wild a system of
government; for the Americans, as I observed before, are unfit

to govern themselves. Jtidge B w. Dr. E g, C

P /, J ;/, B. S b and Johnny S -j, who are the

only men of good sense in Pennsylvania, were convinced of
the absurdity of such a constitution the moment I discovered
to them its design. A writer under the signature of A Turk,
shows clearly what designing men would be at. He says:
' ' I see with heart-felt pleasure the resemblance that it f bears
to our much admired Sublime Porte. Your President-gen-
eral will greatly resemble in his powers the mighty Abdul
Ahmed, our august Sultan; the Senate will be his Divan;

* Independent Gazetteer, Oct. 13, 1787.
fThe Federal Constitution.

Antifederal Scribblers Denounced. 163

your standing army will come in the place of our janizaries;
your judges unchecked by vile juries," &c. Such a govern-
ment no doubt would be pleasing to him, provided he should
be chosen the Sultan 'of the empire. O! methinks it is daimi-
able. I love our present government from its extensive
liberty; as our Supreme Executive Council of this State can
appoint me sworn interpreter of the English as well as the
foreign languages, with a salary of ;^500 a year, to expound
the laws to them, and let the people pledge themselves to
each other to support and carry into execution the wholesome
and wise laws that are made under the present constitution,
and there needs be no new form of government in Pennsyl-
vania. What do you think, Mr. Oswald ? A Gaul.*

Mr. Oswald: I wish your correspondent, Dentatus^ would
be pleased to tell us who are those bitterest enemies of America,
who, while the American soldier fought by the side of his
beloved chief, mingled in the opposing ranks, and who now
are writing against the proposed federal constitution? Is it
not a shame to have recourse to such base lies in order to
support the cause of tyranny and aristocratic power? But,
Mr. Oswald, to confound your toothless Dentatus and his
compeers, I think I am well grounded to assure you that
many of the paragraphs and pieces which have appeared in
the newspapers in favor of the new constitution, were written
by a person who was, during the late war, a sergeant in the
British army in America. MoRSUS.f

For the Independent Gazetteer.

Mr. Oswald: It is a pretty cunning trick of the aristocrat-
ical party to fill the papers with ludicrous pieces under the
signatures of "Britons," "Gauls," "Spaniards," and even
"Turks," against the proposed federal constitution, in order
to make you believe that the opposition that is made to it
arises chiefly from foreigners and foreign agents. But I hope
my fellow citizens will not suffer themselves to be deceived

* Independent Gazetteer, Oct. 13, 1787.
t Independent Gazetteer, Oct. 15, 1787.

164 Before the Meeting of the Convention.

by tliis thread-bare piece of political jockeyisin. Look around
you, Mr. Oswald, ask the British and other foreign agents
their opinion of the new constitution, and you will find them
all open-mouthed, bellowing forth its praises. How could it
be otherwise, when its principles are so similiar to those of
the constitutions of their own respective countries, which
they have sucked with their milk? It is well known that all
the foreign ministers at New York have declared in favor of
this new form of government, and it is suspected that they
have not been inactive in endeavoring to bring it about.
What say the British Consuls in every part of the continent?
Are they ever seen to mix or keep company with those who
oppose the pretended federal plan? No; they would think
themselves polluted to mix with any of the brave Whigs, who
after having defended their liberties from the British tyrant,
will not suffer them to be laid prostrate by tyrants of their
own creating. This new proposed form of government is
much better suited to their views than any other, because it
will be much easier for them to deal with a single magistrate
and a handful of senators, who are to remain six years in
office, and may be re-elected during their lives, than with a
a numerous Congress, annually elected, who cannot preserve
their appointment longer than three years in six, and conse-
quently are in a constant state of fluctuation. Away then
with such perfidious insinuations ! Those who are intent
upon piirsuing the interest of foreign princes in America will
never suffer this country to preserve its liberties. Their most
earnest wish is to see us under a tyrannical government, lest
we should become too formidable.

An American Citizen.*

To the Freemen of Pennsylvania.

Friends and Fellow Citizens : Conscious of no other
motives than those with which the love of my country in-
spires me, permit me to request your candid, impartial and
unprejudiced attention, while I address you on business of
the utmost importance to every honest American — a business

* Independent Gazetteer, Oct. 15, 1787.

Reply to ^'■CentineV 165

of no less magnitude than the salvation of the United
States.

I need hardly tell you, what is universally allowed, that
our situation is no^v more precarious than it ever has been,
even at that time when our country was laid waste by the
sanguinary armies of Britain and her mercenary allies, and
when our coasts were infested with her hostile fleets. Then
a sense of the common danger united every heroic, every
patriotic soul in the great cause of liberty. Even selfish-
ness itself, forgetting every narrow, contracted idea, gave
way to that diffusive liberality of sentiment, which was so
instrumental in procuring peace and independence to America.

But ever since that memorable epoch, unanimity, the great
source of national happiness and glory, has been banished
from among us, and discord, with all its cursed attendants,
has succeeded in its stead. Such a train of calamities issued
from this fatal change as at length aroused the virtuous citi-
zens of the different States from their lethargy, and excited
in them a desire of exploring, and of removing the cause.
Nor was the former a different task. Our distresses were
immediately discovered to be inevitable effects of a weak, a
disunited, and a despicable federal government. To effect
the latter, delegates were sent by twelve of the States to the
late Federal Convention, who, after four months' deliberation,
at length agreed upon a plan of government for the United
States, which is now submitted to your consideration. Upou
this proposed federal constitution I mean not to bestow my
useless panegyrics at this time. My slender praise might
cast an odium upon what is in itself truly excellent, and
needs but a candid reading to be admired. Suspended, as
the fate of the United States now is, how immensely base
must the wretch be, who strains every nerve to disunite his
fellow-citizens, and by a long train of sophistical arguments,
strives to establish antifederal sentiments in this State ! Yet,
however strange it may seem, such there are among us. One
antifederal piece signed "Centinel," which is replete with
glaring absurdities and complete nonsense, has been indus-
triously circulated among you, in the newspapers and in

1 66 Before the Meeting of the Co7ive7ition.

hand-bills. The author (I should have said authors) of this
illiberal and scandalous performance, remarks that a "frenzy
of enthusiasm," not "a rational investigation into its princi-
ples, actuated the citizens of Philadelphia in their approba-
tion of the proposed plan " of government. As some drunken
men think every person they see is intoxicated, and as an illit-
erate observer on this earth is apt to believe in the sun's
motion, not discerning that its apparent revolution is the effect
of his own real motion, so has " Centinel " charged others with
neglecting that rational investigation, to which he has paid
very little attention. For if he carefully examines the pro-
posed constitution, he will find that he has either ignorantly,
or designedly, perverted its plain and simple construction.
He seems to think that the citizens of Philadelphia ought to
have suspended their judgment till they had know the result
of his i^ational investigation. For, says the profound politi-
cian, ' ' Those who are competent to the task of developing
the principles of government ought to be encouraged to come
forward, and thereby the better enable the people to make a
proper judgment. For the science of government is so
abstruse, that few are able to judge for themselves." He
certainly must have forgot that he was addressing Ameri-
can freemen, who enjoy the darling prerogative of thinking
for themselves. Such political priestcraft might have
answered some purpose in the early ages of ignorance and
superstition, when a set of artful and designing monks
assumed an absolute control over both the purses and con-
sciences of the people. But thanks to heaven ! we live in an
enlightened age, and in a free country, where such pernicious
doctrine has long since been treated with deserved contempt.
He begins with enumerating "certain privileges secured
to you by the constitution of this Commonwealth," which,
notwithstanding his groundless assertions, are not infringed
in the smallest degree by the proposed federal constitution,
which obliges Congress to guarantee to each State its respec-
tive republican form of government. Whatever he may think
of the matter, a firm union of all the States is certainly neces-
sary to procure happiness and prosperity to America. In vain

Members of the Convention Defended. 167

do we look up to the constitution or legislature of this State ;
they cannot alleviate our distresses.

Is it in the power of Pennsylvania to protest her own trade,
by entering into commercial treaties with the nations of
Europe, and thereby to secure a West India or an European
market for her produce? No. Is it in her power to treat
with and obtain from Spain a free navigation of the river
Mississippi, to which God and nature have given us an un-
doubted right? The impoverished state of our Western
country, where the luxuriant crops of a fertile soil are suffered
to rot in the fields, for want of exportation, answers No. Is
it in her power to encourage our infant manufactures, to give
sustenance to our starving mechanics, to prevent a general
bankruptcy, or to raise a revenue, by laying an impost on
foreign goods imported into this State? No. All her at-
tempts are liable to be counteracted by any neighboring State;
for it is well known that the imposts have been frequently
evaded in this State, and always will while Jersey and Dela-
ware open free ports for the reception of foieign wares. So
that the exigencies of government must necessarily be pro-
vided for by a heavy land tax, which you, my fellow citizens,
have groaned under for some years past with surprising
patience and resignation. Should some desperate ruffians, as
a Shays or a Wyoming Franklin, with an armed banditti at
his back, proceed to murder our defenceless inhabitants, has
Pennsylvania the means of speedily repelling their ravages?
No. Before the necessary steps could be taken for a defence,
her towns might be laid in ruins and her fields deluged with
the blood of her helpless citizens. And oh! distracting
thought! the citizens of the neighboring States would aban-
don us to our unhappy fate; nor would they deign to shed a
tear of pity on our funeral urn. It would be an endless talk
to give a detail of all the cases in which the exertions of in-
dividual States cannot afford the smallest relief. An idea of
thirteen neighboring States being able to exist independent
of each other, without a general government, to control, con-
nect and unite the whole, is no less absurd than was the con-
duct of the limbs, in the fable, which refused to contribute to

1 68 Before the Meeting of the Convention.

the support of the belly, and by working its downfall, acceler-
ated their own ruin. Of this every State in the Union is fully
convinced, by awful experience, unless we except Rhode
Island; for the meridian of which "Centinel" has calculated
his Antifederal remarks, which he has had the presumption
to address to the freemen of Pennsylvania.

Afraid of investigating the constitution itself, he previously
attempts to prejudice you against it by charging the patriotic
members of the convention with a design "of lording it
over their fellow-creatures" and with "long meditated
schemes of power and aggrandizement. " Is it possible that
the freemen of America would appoint such men as these to
so important a trust? No. The public characters of the
gentlemen who were chosen by my respectable fellow-citizens
in the different States are such as at once justify their con-
duct in the choice, and contradict the unjust and ungenerous
assertion. This defamer has even dared to let fly his shafts
at a Washington and a Franklin^ who, he tells you, have
been so mean, ignorant and base as to be dupes to the de-
signs of the other members. Is not every man among you
fired with resentment against the wretch who could under-
take a job thus low, infamous and vile, and who was so prone
to slander as wantonly to traduce names dear to every Amer-
ican— names, if not respected and esteemed, at least admired
even by their enemies ?

After having striven to inflame your passions against these
worthy men, he then makes a general objection to different
branches in government; here again he advances doctrine
which has long since been exploded as dangerous and des-
potic. That a single legislative body is more liable to en-
croach upon the liberties of the people than two who hold an
useful check upon the proceedings of each other he does not
attempt to deny, but asserts that one body will be more re-
sponsible to the people than two or more can be; therefore,
after this body shall have erred, the people can immediately
take vengeance of its members, that is, if I may be indulged
with a trite saying, after the steed is stolen lock the stable
door. Had he proceeded in the same mode of reasoning, he

Powers of Congress. 169

might have proved that an elective monarchy is the best gov-
ernment, for it is certainly the most responsible, since one
man is accountable for every grievance. In truth, my
friends, you will easily perceive that this responsibility,
which he lays so much stress on, is by no means sufficient to
secure your liberties. If you enquire into the effects of san-
guinary punishments upon criminals, you will find that in-
stead of reforming they have increased the wickedness of the
people.

But the convention, not content with providing punish-
ments for the misdemeanors of government, have done wiser,
in endeavoring to prevent these misdemeanors, which was
evidently their intention in new modeling the federal gov-
ernment.

He next complains of the too extensive powers of Congress.
"It will not be controverted," says he, "that the legislative
is the highest delegated power in government, and that all
others are subordinate to it." In this I perfectly agree with
him, and am apt to believe, that had he paused here one mo-
ment, he would not have been so ready to fear an aristocracy
in any branch of the new federal government ; since the most
essential parts of legislation are to be vested in the House of
Representatives, the immediate servants of the people, with
whom all money bills must originate.

He is ready to allow Congress to pay the debts of the
Union; but then, they are to have power to lay and collect
duties, imposts, &c. , which the new constitution declares shall
be uniform throughout the United States; here the word
collect seems to stick in his stomach. What ! says he, will
they have power to enforce the payment of taxes ? Oh ! it is
dangerous to invest them with such authority; they ought to
call upon us as heretofore, and leave it at our option' to com-
ply with their requisitions or not. Such is the reasoning of
this advocate for delinquency, the absurdity of whose politi-
cal creed is self-apparent, and needs no comment. Happy
would it be for Pennsylvania, if the different States were
obliged to pay their proportions of the foreign and domestic
debt; she would not then be struggling under an enormous

170 Before the Meeting of the Convention.

land tax, to pay much more than her just quota of the public
burthens. But, says he, there is a possibility of having stand-
ing armies too. This is quite wrong; let Congress have
power to make war, crush insurrections, &c., but let them
have no troops for these purposes, unless each State shall
think proper to furnish its quota of men; or if we vest the
power of raising armies in Congress, let them be tied down,
and not permitted to raise a single regiment, until an inva-
sion shall have actually taken place, and the enemy shall
have ravaged and spread desolation over five or six of the
States; it will then be time enough. Indeed I think we
ought immediately to disband the troops stationed on the
Ohio, and not raise a man for that service before the savages
shall have laid our country waste, as far as Susquehanna at
least. Why need we trouble ourselves about the inhabitants
on the frontiers ? Such truly is the substance of his argu-
ments.

He has further discovered that the trial by jury in civil
cases is abolished — that the liberty of the press is not pro-
vided for — and that the judicial and legislative powers of the
respective States will be absorbed by those of the general
government

As to the first of these, it is well known that the cases
which come before a jury, are not the same in all the States;
that therefore the Convention found themselves unequal to
the task of forming a general rule, among so many jarring
interests, and left it with Congresss to regulate the conduct
of the judiciary in all civil cases. It may not be improper
here to remark, that Congress can at any time propose
amendments to this Constitution, which shall become a part
of it when ratified by the legislatures or Conventions of three-
fourths of the States.

True, no declaration in favor of the liberty of the press is
contained in the new Constitution, neither does it declare
that children of freemen are also born free. Both are alike
the unalienable birthright of freemen, and equally absurd
would it have been, in the Convention, to have meddled with
either.

Powers of Congress. 171

The ne plus ultra of the powers of Congress, and of the
judiciary of the United States, is expressly fixed — therefore,
no danger can arise to the legislative or judicial authority
of any State in the union. Centinel, in discussing this point,
has ransacked his brains, tortured, twisted, and preverted
the new plan of government, to support his blundering as-
sertions ; especially where he has quoted sect. 4 of the ist
Art. "The times, places, and manner, of holding elections,
for senators, and representatives, shall be prescribed, in each
State, by the legislature thereof ; but the Congress may at
any time, by law, make or alter such regulations, except as
to the place of choosing senators."

"The plain construction of which," says Centinel, "is,
that when the State legislatures drop out of sight, from the
necessary operation of this government, then Congress are
to provide for the election and appointment of representa-
tives, and senators." O amazing result of a rational investi-
gation/ I confess he understands the meaning of words
much better than I do, if his construction of that section be
just. What may Congress "make or alter?" The times,
places and manner of holding elections, in the different States.
But why is the place of choosing senators excepted ? Who
are to appoint them ? Certainly, the legislatures of the re-
spective States, who are to elect the senators in any place
they may think proper, which probably will be, where they
meet in their legislative capacity. The existence of every
branch of the Federal government depends upon the State
legislatures, and both must stand or fall together.

He next attacks the construction of the federal govern-
ment, says the number of representatives is too few. Others
have thought it too many. How was it possible that the
Convention, in this, or indeed in any other instance, could
please everybody? For my part I am of opinion that the
number fixed by the Convention (one for every 30,000) is
fully adequate to the task of effectually representing the peo-
ple ; and that a greater number would only clog the wheels,
and add to the expenses of government, in which the strict-
est economy is at all times necessary. That two years is too

173 Before the Meeting of the Convention.

long a time to continue in office is a mistaken notion ; much
more inconvenience and expense would be attendant on an-
nual elections throughout this extensive continent. The
most strenuous advocates for a parliamentary reform, in
Great Britain, never stickled for more than triennial elections,
which they deemed fully sufficient to secure the liberties of
the people. This body may justly be called the guardians
of our liberties, since they are not chosen by the State legis-
latures, as Congress has hitherto been, but by the freemen at
large, in every State. No undue influence can be exercised
over them, nor the Senate, for no placemen, or officers of
government, can have a seat among them.

He says the senate is constituted on the most unequal
principles, since the smallest State in the Union sends as
many senators as the largest. Here is a small concession to
the smaller States, which proclaims the liberality of senti-
ment that prevailed in the convention. Let us, my friends,
in the larger States, be satisfied with our superior influ-
ence in the House of Representatives. As to the senate
being composed of the better sort^ the well-born^ etc. , it is a
most illiberal reflection thrown out by this antifederal
demagogue against the freemen of America, who, I trust,
will always elect to this important trust men of integrity and
abilities. But how is there any danger of this body be-
coming an aristocracy? In their executive capacity they are
checked by the President, and in their legislative capacity
are checked by the House of Representatives, and of them-
selves cannot do a single act. He seems apprehensive that
the President may form a coalition with the senate, "whose
influence might secure his re-election to office." I cannot
conceive how they can exercise any influence in his favor,
for both senators and representatives are expressly excluded
from being electors.

The only objection he makes to the power of the President
is that he can grant pardons and reprieves. This preroga-
tive must be and always is vested somewhere in all free gov-
ernments; to whom then can it be given with more safety
than to this officer, who never can have any interest in exer-

Humble Address of the Low Born. 173

cising it to evil purposes? If he should, he will be liable to
impeachment, etc.

Previous to his conclusion he attempts to lull us into se-
curity; but his sophistry can never operate so far upon our
senses as to make us believe that our situation is not "criti-
cally dreadful." The most ignorant among us severely feel
the miseries which surround us on all sides. That he may
be very well pleased with his present situation, I have not
the smallest doubt; for it is notorious that the Antifederal
junto in Philadelphia is composed of a few self-interested men,
who, in the midst of our distresses, are receiving most enor-
mous sums out of the public treasury, and like ravens are
preying upon our very vitals. A Federalist. *

Extract of a letter from a gentleman in the Western coun-
try to his friend in this city:

"It hath been reported that a great number of copies of the
proposed constitution was directed to be printed in the Eng-
lish and German languages, to be distributed throughout the
State. I wish it were done, that the people might have an
opportunity of reading it, and judging for themselves. Much
time elapses before information can reach the industrious
yeomanry of the State that are distant from the seat of gov-
ernment. If a convention is to be chosen, the great body of
the people will be ignorant of the plan to be decided upon,
and be therefore unable to determine whether they ought to
vote for persons who would oppose it or advocate it. If it will
bear the examination of the people, who are to be bound
thereby, why is such preciptancy used ? " f

For the Independent Gazetteer.

The humble address of the low-born of the United States of

America, to their fellow slaves scattered throughout the

world — greeting :

Whereas, it hath been represented unto us that a most
dreadful disease hath for these five years last past infected,

* Independent Gazetteer, Oct. 25, 1787.
t Pennsylvania Packet; Nov. i, 1787.

174 Before the Meeting of the Convention.

preyed upon and almost ruined the government and people
of this our country; and of this malady we ourselves have had
perfect demonstration, not mentally, but bodily, through every
one of the five senses: For although our sensations in regard
to the mind be not just so nice as those of the well born^ yet
our feeling, through the medium of the plow, the hoe and
the grubbing ax, is as acute as any nobleman's in the world.
And, whereas, a number of skillful physicians having met
together at Philadelphia last summer, for the purpose of ex-
ploring, and, if possible, removing the cause of this direful
disease, have, through the assistance of John Adams, Esq.,
in the profundity of their great political knowledge, found
out and discovered that nothing but a new government, con-
sisting of three different branches, namely, king, lords and
commons, or, in the American language. President, Senate and
Representatives, can save this, our country, from inevitable
destruction; and, whereas, it hath been reported that several
of our low-born brethren have had the horrid audacity to think
for themselves in regard to this new system of government,
and, dreadful thought! have wickedly begun to doubt con-
cerning the perfection of this evangelical constitution, which
our political doctors have declared to be a panacea, which (by
inspiration) they know will infallibly heal every distemper in
the confederation, and finally terminate in the salvation of
America.

Now we the low born^ that is, all the people of the United
States, except 600 or thereabouts, well born^ do by this our
humble address, declare and most solemnly engage, that we
will allow and admit the said 600 well born^ immediately to
establish and confirm this most noble, most excellent and
truly divine constitution: and we further declare that with-
out any equivocation or mental reservation whatever we will
support and maintain the same according to the best of our
power, and after the manner and custom of all other slaves
in foreign countries, namely by the sweat and toil of our
body: nor will we at any future period of time ever attempt
to complain of this our royal government, let the consequen-
ces be what they may. And although it appears to us that

Humble Address of the Low Born. 175

a standing army, composed of the purgings of the jails of
Great Britain, Ireland and Germany, shall be employed in
collecting the revenues of this our king and goverment; yet,
we again in the most solemn manner declare, that we will
abide by our present determination of non-assistance and pas-
sive obedience; so that we shall not dare to molest or disturb
those military gentlemen in the service of our royal govern-
ment. And (which is not improbable) should any one of
those soldiers when employed on duty in collecting the taxes,
strike off the arm (with his sword) of one of our fellow slaves,
we will conceive our case remarkably fortunate if he leaves
the other arm on. And morever, because we are aware that
many of our fellow slaves shall be unable to pay their taxes,
and this incapacity of theirs is a just cause of impeachment
of treason; wherefore in such cases we will use our utmost
endeavors, in conjunction with the standing army, to bring
such atrocious offenders before our federal judges, who shall
have power, without jury or trial, to order the said miscreants
for immediate execution; nor will we think their sentence
severe unless after being hanged they are also to be both be-
headed and quartered. And finally we shall henceforth and
forever leave all power, authority and dominion over our
persons and properties in the hands of the wellborn^ who
were designed by Providence to govern. And in regard to
the liberty of the press, we renounce all claim to it forever
more, Amen ; and we shall in future be perfectly contented
if our tongues be left us to lick the feet of our wellborti
masters.

Done on behalf of three millions of low-born American
slaves. John Humble, Secretary.*

To the Printers of the United States.

Gentlemen: I have been delighted with the nobie struggle
which the brave and virtuous throughout America have been
and still are making to establish the new frame of govern-
ment. I am charmed with the good sense and humanity of
the people at large, who, though they are very generally
* Independent Gazetteer, Oct. 29, 1787.

176 Before the Meeting of the Convention.

warmly attached to it, yet they bear with uncommon pa-
tience all the insults hitherto thrown out against it and the
gentlemen of the late convention.

The friends of the new system are not ashamed to avow
their principles and their writings on the subject, while its
enemies take every prudent measure to prevent detection.

I know a gentleman in this city, high in office, who has
written much against the new system, notwithstanding he
has never in company uttered a syllable against it. Hence
I conclude that the antifederal junto are conscious of the
wickedness of their proceedings — that their cause is that of
the devil, and of it they are truly ashamed. It appears by a
late eastern paper that the publisher of the Massachusetts
Gazette is determined to publish no sentiments on this im-
portant subject unless the writers leave their names with the
printers, "that any one who may be desirous of knowing the
author may be informed." No honest man, no true friend
of America or to the liberty or happiness of mankind, can
object to this.

For your imitation, gentlemen, I humbly propose the con-
duct of this your worthy brother, the publisher of the Massa-
chusetts Gazette. A Pennsylvania Mechanic. *

26th October^ ^7^7-

Mr. Oswald: Since the new constitution of Congress has
been published, I have made a journey into the three coun-
ties adjoining to us, in which I had many acquaintances
among honest men of both the old parties which formerly
divided this State. Good manners induced me, where I was
hospitably entertained, to avoid broaching the subject of our
new federal constitution, as I might possibly spoil the social
happiness which I (who am no party man) had been used to
enjoy with my good friends, constitutionalists and republicans.
My hosts could not bear this my reserve — one and the other
exclaimed, "Why do you not talk to me of the new constitu-
tion?— I have seen and read it, and though I liked the men
who made it, I like the constitution they have given to us much

* Independent Gazetteer, Oct. 29, 17S7.

Remarks of '■'• Homespun.'^'' 177

more." Others observed that the good men who have been so
often tried and approved by us, may go off this uncertain
stage in the course of a few passing years, but they have left
a legacy which will make us and our children and our chil-
dren's children as happy as a good government can make
them, for hundreds of years after the framers of it are no more.
"God be praised !" said an old man (whose benevolence I shall
long remember) "my neighbors of the Jerseys, of Delaware,
New York and Maryland, will be as happy as myself. ' ' He
then addressed himself to his younger child, a daughter:
' ' Dolly, my girl, you will not go from home when you go with
Jersey Dick, for we are all now one people; I shall not fear as
I have done, that we who lie on the borders shall be cutting-
each other's throats, about bounds, smuggling and trade."
One man, indeed, in a corner of one of our friendly circles,
who after hunting for an office twenty years, had at last got
the office of excise in his county, muttered something of Old
IVhig^ Centi7iel^ sixteen assemblymen, Governor Randolph^
lawyer Mason^ one Gerry ^ liberty of the press, jurymen, and
that officers who had served but a few years and who had
not been paid for their services should be continued for life,
and many other things of the same kind, in a sullen, grumb-
ling, ill-natured way, was at length interrupted by a decent
elderly man, who as I learned had ever been a friend to his
country, never a placeman, a whig from benevolence to his
family, his neighbors and all whom he knew, an honest man
in the worst of times, who wished the farmer might reap
plentiful crops and have a good market, and that trade might
flourish, that we might make as many things among our-
selves as possible, that tradesmen might fare well, and as he
said that the President and Senate might be able to make
and keep good and sufficient treaties to insure all these solid
benefits to us — says this good man, "My friend the exciseman,
there in yon corner, talks of old whigs: no body can doubt
of my being one of that sort, for I am an old man and always
was a whig since the name was known, and have been, I am
bold to say, as good a centinel among our militia in the field
of battle, as any man who calls himself a Centinel in a news-

178 Before the Meeting of the Convention.

paper. I think sixteen men should submit in their opinions
to forty-three, when all our States approve of the conduct of
the forty-three, and condemn the sixteen: and I will say the
men were right who, with the sergeant of the assembly,
brought the two men of the sixteen runaways back to the as-
sembly; for if they had not done so sixteen men would have
overthrown our government of Pennsylvania. Though I am
no scholar, I think the speaker and the forty-three had a
power from the good rule of preventing greater evils to force
the whole sixteen to attend in their seats. If they have not
this power, my friend the exciseman there in the corner,
must lose his office, as the government and all offices, and the
constitution and all, would be at an end immediately. As to
Governor Randolph, I am told he is a cunning man, but no
enemy to the new constitution ; he only wanted to overreach
another man in politics. Lawyer Mason may plead his own
cause in Virginia, where it is a chance of about four hundred
thousand (that being the number of people in that State) to
one, that is lawyer Mason, that he is in the wrong. Besides,
I may say, he has the delegates of every State against him
into the bargain. That Geary will never get on farther than
Rhode Island, where the bad people will keep him, as the
only man they can find out of their State, who is as bad as
themselves. The liberty of printing, I find, from Burns'
justice and our State constitution, is a thing quite safe already,
and so is our trial by jurymen. If so, our convention would
have wasted their time and our patience, my friends, if they
had spent their time in making new fences where the old
ones were strong enough. They had enough to do that was
necessary, God knows ! My friend, the exciseman, thinks
that a man once in office, should continue so for his life. I
must needs say, I think he may if he be a good officer; I
would give him my vote that he remain exciseman as long
as he lives, and longer if it was possible, if that will make
him listen to reason; for neither myself nor my children, I
hope, will covet any office unless it be such in which we may
fight the enemies of our United States. As we begun, my
friends, so let us continue united. I have often told mv chil-

Twenty-three Defects of the Constitution. 179

dren of the bundle of fagots ; you may break eacli of them
apart like the stem of this pipe (taking hold of the pipe he
was then smoking), but if you bind them together, Goliah
nor Sampson cannot break them," Wherever I went in this
my journey I found all the good people talking in the same
honest sensible way; this pleased me I will confess, for it
favored an old opinion, that where passion does not twist our
understandings, all upright and sensible men think in the
same way. In short, that plain downright good sense which
governs the honest farmer, miller, tradesman and merchant,
governed the honest, tried and approved men, who sat in the
late convention of these our United States.

Homespun. *

Mr. Oswald: By inserting the following in your impartial
paper, you will oblige yours, &c.
To the Citizens of Philadelphia.

Friends, countrymen, brethren and fellow-citizens: The
important day is drawing near when you are to elect dele-
gates to represent you in a convention, on the result of whose
deliberations will depend in a great measure your future hap-
piness.

This conv^ention is to determine whether or not the com-
monwealth of Pennsylvania shall adopt the plan of govern-
ment proposed by the late convention of delegates from the
different States which sat in this city.

With a heart full of anxiety for the preserv^ation of your
dearest rights, I presume to address you on this important
occasion. In the name of sacred liberty, dearer to us than
our property and our lives, I request your most earnest atten-
tion.

The proposed plan of continental government is now fully
known to you. You have read it, I trust, with the attention
it deserves. You have heard the objections that have been
made to it. You have heard the answers to these objections.

If you have attended to the whole with candor and un-
biased minds, as becomes men that are possessed and deserv-

* Independent Gazetteer, Oct. 31, 17S7.

i8o Before the Meeting of the Convention.

ing of freedom, you must have been alarmed at the result of
your observations. Notwithstanding the splendor of names
which has attended the publication of the new constitution,
notwithstanding the sophistry and vain reasonings that have
been urged to support its principles, alas! you must at least
have concluded that great men are not always infallible, and
that patriotism itself may be led into essential errors.

The objections that have been made to the new constitu-
tion are these:

1. It is not merely (as it ought to be) a Confederation of
States, but a Government of individuals.

2. The powers of Congress extend to the lives, the liberties
and the property of every citizen.

3. The sovereignty of the different States is ipso facto de-
stroyed in its most essential parts.

4. What remains of it will only tend to create violent dis-
sensions between the State government and the Congress, and
terminate in the ruin of the one or the other.

5. The consequence must therefore be, either that the
union of the States will be destroyed by a violent struggle,
or that their sovereignty will be swallowed up by silent en-
croachments into a universal aristocracy; because it is clear,
that if two different sovereign powers have a coequal com-
mand over the purses of the citizens, they will struggle for
the spoils, and the weakest will be in the end obliged to yield
to the efforts of the strongest.

6. Congress being possessed of these immense powers, the
liberties of the States and of the people are not secured by a
bill or Declaration of Rights.

7. The sovereignty of the States is not expressly reserved;
the form only, and not the substance of the government, is
guaranteed to them by express words.

8. Trial by Jury, that sacred bulwark of liberty, is abol-
ished in civil cases, and Mr. W , one of the convention,

has told you, that not being able to agree as to the form of es-
tablishing this point, they have left you deprived of the sub-
stance. Here are his own words : "The subject was involved
in diflSculties. The convention found the task too difficult
for them, and left the business as it stands."

Twenty-three Defects of the Constitution. i8i

9. The lyiberty of the Press is not secured, and the powers
of Congress are fully adequate to its destruction, as they are
to have the trial of libels, or pretended libels against the
United States, and may by a cursed abominable Stamp Act
(as the Bowdoin administration has done in Massachusetts)
preclude you eflfectually from all means of information, Mr.
W has given no answer to these arguments.

10. Congress have the power of keeping up a standing

army in time of peace, and Mr. W has told you that it

was necessary.

11. The Legislative and Executive powers are not kept
separate, as every one of the American constitutions declares
they ought to be; but they are mixed in a manner entirely
novel and unknown, even in the constitution of Great Britain ;
because,

12. In England the king only has a nominal negative over
the proceedings of the legislature, which he has never dared
to exercise since the days of King William, whereas by the
new constitution, both the President-General and the Senate,
two executive branches of Government, have that negative,
and are intended to support each other in the exercise of it,

13. The representation of the lower house is too small,
consisting only of 65 members.

14. That of the Senate is so small that it renders its exten-
sive powers extremely dangerous; it is to consist only of 26
members, two-thirds of whom must concur to conclude any
treaty or alliance with foreign powers. Now we will suppose
that five of them are absent, sick, dead, or unable to attend;
twenty -one will remain, and eight of these (one-third, and
one over) may prevent the conclusion of any treaty, even the
most favorable to America. Here will be a fine field for the
intrigues and even the bribery and corruption of European
powers.

15. The most important branches of the executive depart-
ment are to be put into the hands of a single magistrate, who
will in fact be an elective king. The military, the land and
naval forces, are to be entirely at his disposal, and therefore,

16. Should the senate, by the intrigues of foreign powers,

132 Before the Meeting of the Convention.

become devoted to foreign influence, as was the case of late
in Sweden, the people will be obliged, as the Swedes have
been, to seek their refuge in the arms of the monarch or
President-General,

17. Rotation, that noble prerogative of liberty, is entirely-
excluded from the new system of government, and the great
men may and probably will be continued in office during
their lives.

18. Annual elections are abolished, and the people are not
to re-assume their rights until the expiration of two, four and
six years.

19. Congress are to have the power of fixing the time,
place and manner of holding elections, so as to keep them
forever subjected to their influence.

20. The importation of slaves is not to be prohibited until
the year 1808, and slavery will probably resume its empire in
Pennsylvania.

21. The militia is to be under the immediate command of
Congress, and men conscientiously scrupulous of bearing
arms may be compelled to perform military duty.

22. The new government will be expensive beyond any we
have ever experienced; the judicial department alone, with
its concomitant train of judges, justices, chancellors, clerks,
sheriffs, coroners, escheators. State attorneys and solicitors,
constables, etc., in every State and in every county in each
State, will be a burden beyond the utmost abilities of the
people to bear, and upon the whole,

23. A government partaking of monarchy and aristocracy
will be fully and firmly established, and liberty will be but a
name to adorn the short historic page of the halcyon days of
America.

These, my countrymen, are the objections that have been
made to the new proposed system of government, and if you
read the system itself with attention you will find them all to
be founded in truth. But what have you been told in an-
swer?

I pass over the sophistry of Mr. W , in his equivocal

speech at the state-house. His pretended arguments have

Aristocratic Sophistry. 183

been echoed and re-echoed by every retailer of politics, and
victoriously refuted by several patriotic pens. Indeed, if you
read this famous speech in a cool dispassionate moment, you
will find it to contain no more than a train of pitiful sophis-
try and evasions, unworthy of the man who spoke them. I
have taken notice of some of them in stating the objections,
and they must, I am sure, have excited your pity and indig-
nation. Mr. W is a man of sense, learning and exten-
sive information ; unfortunately for him, he has never sought
the more solid fame of patriotism. During the late war he
narrowly escaped the effects of popular rage, and the people
seldom arm themselves against a citizen in vain. The whole
tenor of his political conduct has always been strongly
tainted with the spirit of high aristocracy; he has never been
known to join in a truly popular measure, and his talents
have ever been devoted to the patrician interest. His lofty
carriage indicates the lofty mind that animates him — a mind
able to conceive and perform great things, but which unfor-
tunately can see nothing great out of the pale of power and
worldly grandeur; despising what he calls the inferior order
of the people, popular liberty and popular assemblies offer to
his exalted imagination an idea of meanness and contemptibil-
ity, which he hardly seeks to conceal. He sees at a distance
the pomp and pageantry of courts, he sighs after those stately
palaces and that apparatus of human greatness which his
vivid fancy has taught him to consider as the supreme good.
Men of sublime minds, he conceives, were born a different
race from the rest of the sons of men; to them and them
only, he imagines, high heaven intended to commit the reins
of earthly government; the remaining part of mankind he
sees at an immense distance; they, he thinks, were born to
serve, to administer food to the ambition of their superiors
and become the footstool of their power. Such is Mr.

W , and fraught with these high ideas, it is no wonder

that he should exert all his talents to support a form of gov-
ernment so admirably contrived to carry them into execution.
But when the people, who possess collectively a mass of
knowledge superior to his own, inquire into the principles of

1S4 Before the Meeting of the Convention.

that government on the establishment or rejection of which
depend their dearest concerns, when he is called upon by the
voice of thousands to come and explain that favorite system
which he holds forth as an object of their admiration, he
comes — he attempts to support by reasoning what reason
never dictated, and finding the attempt vain, his great mind,
made for nobler purposes, is obliged to stoop to mean evasions
and pitiful sophistry; himself not deceived, he strives to de-
ceive the people, and the treasonable attempt delineates his
true character, beyond the reach of the pencil of a West or
Peale, or the pen of a Valerius.

And yet that speech, weak and insidious as it is, is the
only attempt that has been made to support by argument that
political monster, the proposed constitution. I have sought
in vain amidst the immense heap of trash that has been
published on the subject, an argument worthy of refutation,
and I have not been able to find it. If you can bear the dis-
gust which the reading of those pieces must naturally occa-
sion, and which I have felt in the highest degree, read them,
my fellow citizens, and say whether they contain the least
shadow of logical reasoning, say (laying your hands upon
your hearts) whether there is anything in them that can
impress unfeigned conviction upon your unprejudiced minds.

One of them only I shall take notice of, in which I find
that argument is weakly attempted. This piece is signed
"An American Citizen," and has appeared with great pomp
in four succeeding numbers in several of our newspapers.
But if you read it attentively, you will find that it does not
tell us what the new constitution is, but what it is not, and
extols it on the sole ground that it does not contain all the
principles of tyranny with which the European governments
are disgraced.

But where argument entirely failed, nothing remained for
the supporters of the new constitution but to endeavor to in-
flame your passions. The attempt has been made, and I am
sorry to find not entirely without effect. The great names
of Washingtoji and Franklin have been taken in vain and
shockingly prostituted to effect the most infamous pur-

'"''Great Names'''' not to be Considered. 185

poses. What ! because our august chieftain has subscribed
his name in his capacity of president of the convention to the
plan offered by them to the States, and because the venerable
sage of Pennsylvania has testified by his signature that the
majority of the delegates of this State assented to the same
plan, will any one infer from this that it has met with their
entire approbation, and that they consider it as the master-
piece of human wisdom ? lam apt to think the contrary,
and I have good reason to ground my opinion on.

In the first place we have found by the publication of
Charles Cotesworth Pinckney^ esquire, one of the signing mem-
bers of the convention, who has expressed the most pointed
disapprobation of many important parts of the new plan of
government, that all the members whose names appear at the
bottom of this instrument of tyranny have not concurred in
its adoption. Many of them might conceive themselves
bound by the opinion of the majority of their State, and
leaving the people to their own judgment upon the form of
government offered to them, might have conceived it impoli-
tic by refusing to sign their names, to offer to the world the
lamentable spectacle of the disunion of a body on the deci-
sions of whom the people had rested all their hopes. We
know, and the long sitting of the convention tells us, that
(as it is endeavored to persuade us) concord and unanimity
did not reign exclusively among them. The thick veil of
secrecy with which their proceedings have been covered, has
left us entirely in the dark, as to the debates that took place,
and the unaccountable suppression of their journals^ the high-
est insult that could be offered to the majesty of the people,
shows clearly that the whole of the new plan was entirely the
work of an aristocratic majority.

But let us suppose for a moment that the proposed govern-
ment was the unanimous result of the deliberations of the
convention — must it on that account preclude an investiga-
tion of its merits ? Are the people to be dictated to without
appeal by any set of men, however great, however dignified ?
Freedom spurns at the idea and rejects it with disdain. We
appeal to the collective wisdom of a great nation, we appeal

1 36 Before the Meeting of the Convention.

to their general sense, which is easily to be obtained through
the channel of a multitude of free presses, from the opinions
of thirty-nine men, who secluded from the rest of the world,
without the possibility of conferring with the rest of their
fellow-citizens, have had no opportunity of rectifying the
errors into which they may have been led by the most design-
ing among them. We have seen names not less illustrious
than those of the members of the late convention, subscribed
to the present reprobated articles of confederation, and if
those 23atriots have erred, there is no reason to suppose that
a succeeding set should be more free from error. Nay, the
very men who advocate so strongly the new plan of govern-
ment, and support it with the infallibility of Doctor Franklin,
affect to despise the present constitution of Pennsylvania,
which was dictated and avowed by that venerable patriot.
They are conscious that he does not entirely approve of the
new plan, whose principles are so different from those he
has established in our ever-glorious constitution, and there
is no doubt that it is the reason that has induced them to
leave his respected name out of the ticket for the approaching
election.

Now then my fellow-citizens, my brethren, my friends; if
the sacred flame of liberty be not extinguished in your breasts,
if you have any regard for the happiness of yourselves, and
your posterity, let me entreat you, earnestly entreat you by
all that is dear and sacred to freemen, to consider well before
you take an awful step which may involve in its consequences
the ruin of millions yet unborn. You are on the brink of a
dreadful precipice — in the name therefore of holy liberty, for
which I have fought and for which we have all suffered, I call
upon you to make a solemn pause before you proceed. One
step more, and perhaps the scene of freedom is closed forever
in America. Let not a set of aspiring despots, who make us
slaves^ and tell us 'tis our charter, wrest from you those in-
valuable blessings, for which the most illustrious sons of
America have bled and died — but exert yourselves, like men,
like freemen, and like Americans, to transmit unimpaired to
your latest posterity those rights, those liberties, which have

The Twenty-three Objections Refuted, 187

ever been dear to you, and which it is yet in your power to
preserve.

An Officer of thf latf Continental Army. *
Philadelphia, November 3, 1787.

[Reply to "An Officer, &c."]

Friend Oswald: Seeing in thy paper of yesterday twenty-
three objections to the new plan of federal government, I am
induced to trouble the public once more; and shall endeavor
to answer them distinctly and concisely. That this may be
done with candor, as well as perspicuity, I request thee to re-
print them as they are stated by "an officer of the late Con-
tinental army," and to place my answers in the same order.

I shall pass over everything that is not in point, and leave

the strictures on friend W to those who are acquainted

with him: I will only observe that "his lofty carriage," is
very like to be the effect of habit; for I know by experience
that a man who wears spectacles, must keep his head erect to
see through them with ease, and to prevent them from falling
off his nose.

Now for the objections:

"i. It is not merely (as it ought to be) a Confederation of
States^ but a Government of Individuals.''''

Answer i. It is more a government of the people, than the
present Congress ever was, because the members of Congress
have been hitherto chosen by the lyCgislatures of the several
States. The proposed representatives are to be chosen ' ' by
the people. ' ' If therefore it be not a confederation of the States^
it is a popular compact, something more in favor of liberty.
Art. I, Sect. 2.

"2. The powers of Congress extend to the lives, the liber-
ties and the property of every citizen."

2. Is there a government on earth, where the life, liberty
and property of a citizen may not be forfeited by a violation
of the laws of God and man? It is only when justified by
such crimes, that the new government has such power; and

•* Independent Gazetteer, Nov. 6, 1787.

i88 Before the Meeting of the Convcntio7i.

all crimes (except in cases of impeachment) are expressly to
be tried by jury ^ in the State where they may be committed.
Art. 3, Sect. 2.

"3. The sovereignty of the different states is ipso facto de-
stroyed in its most essential parts."

3. Can the sovereignty of each state in all its parts exist,
if there be a sovereignty over the whole ? Is it not nonsense
in terms, to suppose a united government of any kind^ over
thirteen co-existent sovereignties? "It is obviously imprac-
ticable in the federal government of these states, to secure all
the rights of independent sovereignty to each, and yet pro-
vide for the interest and safety of all." (President's letter.)

"4. What remains of it, will only tend to create violent
dissensions between the state governments and the Congress,
and terminate in the ruin of the one or the other."

4. No such dissension can happen, unless some state oppose
the interests of the whole collectively; and it is to overcome
such opposition by a majority of 12 to i, *'to ensure domestic
tranquillity, to provide for the common defence, promote the
general welfare, and secure the blessings of liberty," that the
union is now, and has ever been thought indispensable. (In-
troduction to the new plan.)

"5. The consequence must therefore be, either that the
union of the states will be destroyed by a violent struggle, or
that their sovereignty will be swallowed up by silent encroach-
ments into a universal aristocracy; because it is clear, that if
two different foreign powers have a co-equal command over
the purses of the citizens, they will struggle for the spoils,
and the weakest will be in the end obliged to yield to the ef-
forts of the strongest."

5. The preceding petition being eradicated, this conse-
quence falls to the ground. It may be observed, however,
that the revenue to be raised by Congress, is not likely to in-
terfere with the taxes of .iny state. Commerce is the source
to which they will naturally apply, because that is one great
and uniform object, and they cannot attend to detail. The
burden, too, will in this way be scarcely felt by the people.
All foreigners who may sell merchandise at a loss (and that

The Twenty-three Objections Refuted. 189

often has been, and often will be the case in an extensive de-
gree,) will pay the impost in addition to that loss, and the
duties on all that may be sold at a profit, will be eventually
paid by the consumers: thus the taxes will be insensibly in-
cluded in the price, and every man will have the power of re-
fusal, by not consuming the taxed luxuries.

"6. Congress being possessed of these immense powers,
the liberties of the states and of the people are not secured
by a bill or declaration of rights."

6. Notwithstanding all that has been written against it, I

must recur to friend W 's definition on this subject. A

state government is designed for all cases whatsoever^ con-
sequently what is not reserved, is tacitly given. A federal
government is expressly only for federal purposes^ and its
power is consequently bounded by the terms of the compact.
In the first case a Bill of Rights is indispensable, in the sec-
ond it would be at best useless, and if one right were to be
omitted, it might injuriously grant, by implication, what was
intended to be reserved.

"7. The sovereignty of the states is not expressly reserved:
the form only, and not the substance of their government, is
guaranteed to them by express words."

7. When man emerged from a state of nature, he surely
did not reserve the natural right of being the judge of his
wrongs, and the executioner of the punishments he might
think they deserved. A renunciation of such rights, is the
price he paid for the blessings of good government; and for
the same reason, state sovereignty (as I have before observed)
is as incompatible with the federal union, as the natural right
of human vengeance is, wiih the peace of society.

"The United States shall guarantee to every state a repub-
lican form of government." That is, they shall guarantee
it against monarchical or aristocratical encroachments ; Con-
gress can go no further, for the states would justly think
themselves insulted, if they should presume to interfere in
other alterations which may be individually thought more
consistent with the good of the people. Art. 4, Sec. 4.

"8. Trial by jury, that sacred bulwark of liberty, is abol-

190 Before the Meeting of the Convention.

ished in civil cases, and Mr. W , one of the convention,

has told yon, that not being able to agree as to the form of
establishing this point, they have left you deprived of the
substance. Here is his own words: 'The subject was in-
volved in difficulties. The convention found the task too
difficult for them, and left the business as it stands.'"

8. Trial by jury has been seen to be expressly preserved in
criminal cases. In civil cases, the federal court is like a court
of chancery, except that it has original jurisdiction only in
state affairs; in all other matters it has "appellate jurisdic-
tion both as to law and fact, with such exceptions and under
such regulations as Congress shall make." Art. 3, Sec, 2.
Nobody ever complained that trials in chancery were not by
jury. A court of chancery "may issue injunctions in various
stages of a cause," saith Blackstone, "and stay oppressive
judgment." Yet courts of chancery are every where extolled
as the most equitable; the federal court has not such an ex-
tent of power, and what it has is to be always under the ex-
ceptions and regulations of the United States in Congress.

Friend W has well observed that it was impossible

to make one imitation of thirteen different models, and the
matter seems now to stand as well as human wisdom can
permit.

"9. The liberty of the press is not secured, and the powers
of Congress are fully adequate to its destruction, as they are
to have the trial of libels, or pretended libels against the
United States, and may by a cursed abominable stamp act
(as the Bowdoin administration has done in Massachusetts)
preclude you effectually from all means of information. Mr.
W has given you no answer to these arguments."

9. The liberty of the press in each state can only be in
danger from the laws of that state, and it is everywhere well
secured. Besides, as the new Congress can only have the de-
fined powers given, it was needless to say anything about
liberty of the press, liberty of conscience, or any other liberty
that a freeman ought never to be deprived of. It is remark-
able in this instance, that among all the cases to which the
federal jurisdiction is to extend (art. 3), not a word is said of

The Twenty-three Objections Refuted. 191

"libels or pretended libels. " Indeed, in this extensive con-
tinent, and among this enlightened people, no government
whatever could control the press. For after all that is said
about "balance of power," there is one power which no ty-
ranny on earth could subdue if once roused by this great and
general grievance, that is, the people. This respectable
power has preserved the press in Great Britain in spite of
government; and none but a madman could ever think of
controlling it in America.

"10. Congress have the power of keeping up a standing

army in time of peace, and Mr. W has told you that it

is necessary.''''

10. The power here referred to is this, "to raise and sup-
port armies, but no appropriation of money to that use shall be
for a longer term than two years.'''' — Art. i. Sect. 8. Thus
the representatives of the people have it in their power to dis-
band this army every two years, by refusing supplies. Does
not every American feel that no standing army in the power
of Congress to raise, could support despotism over this im-
mense continent, where almost every citizen is a soldier? If
such an apprehension came, in my opinion, within the bounds
of possibility, it would not indeed become my principles to
oppose this objection.

"11. The Lregislative and Executive powers are not kept
separate, every one of the American constitutions declares they
ought to be; but they are mixed in a manner entirely novel
and unknown, even to the constitution of Great Britain."

11. The first article of the constitution defines the legisla-
tive, the second, the executive, and the third the judicial
powers; this does not seem like mixing them. It would be
strange indeed if a professed democratist should object, that
the president's power is made subject to "the advice and con-
sent of two-thirds of the Senate. " Art. 2, Sect. 2.

"12. In England, the king only has a nominal negative
over the proceedings of the legislature, which he has never
dared to exercise since the days of King William, whereas by
the new constitution, both the President-General and the
Senate, two executive branches of the government, have the

192 Before the Meeting of the Convention.

negative, and are intended to support each other in the exer-
cise of it."

12. Whoever will read the 7th section of the 4th article,
will see that the president has only a conditional negative,
which is effectual or not as two-thirds of the Senate and two-
thirds of the Representatives may on reconsideration deter-
mine. If the "two executive branches" (as they are here
called) should agree in the negative, it would not be novel,
as to the power of the Senate; for I believe every senate on
the continent, and every upper house in the world, may
refuse concurrence, and quash a bill before it arrives at the
executive department. The king of England has an uncon-
ditional negative, and has often exercised it in his former
colonies.

"13. The representation of the lower house is too small,
consisting only of 65 members."

13. The Congress on the old plan had but 13 voices, and
of these, some were frequently lost by equal divisions. If
65 voices be yet too few, it must follow that the new plan has
made some progress towards perfection.

"14. That of the Senate is so small that it renders its ex-
tensive powers extremely dangerous: it is to consist only of
26 members, two-thirds of whom must concur to conclude
any treaty or alliance with foreign powers. Now we will
suppose that five of them are absent, sick, dead, or unable to
attend, twenty-one will remain, and eight of these (one-third,
and one over) may prevent the conclusion of any treaty, even
the most favorable to America. Here will be a fine field for
the intrigues and even the bribery and corruption of Euro-
pean powers. ' '

14. This like the former objection is mere matter of opin-
ion. The instance as to supposed vacancies does not apply,
for ' ' if vacancies happen by resignation or otherwise during
the recess of the Legislature of any State, the executive there-
of may make temporary appointments until the meeting of
the Legislature, which shall then fill such vacancies." Art.
I, Sec. 3. This provision expressly implies that accidental
vacancies shall be immediately filled.

The Twenty-three Objections Refuted. 193

"15. The most important branches of the executive depart-
ment are to be put into the hands of a single magistrate, who
will be in fact an elective king. The military, the land and
naval forces are to be entirely at his disposal."

15. It was mentioned as a grievance in the 12th objection
that this supposed "elective king" had his powers clogged
by the conjunction of another branch; here he is called a
"single magistrate." Yet the new constitution provides that
he shall act ' ' by and with the advice and consent of the Sen-
ate," Art. 2, Sec. 2, and can in no instance act alone, except
in the cause of humanity by granting reprieves or pardons.

"16. Should the Senate, by the intrigues of foreign powers,
become devoted to foreign influence, as was the case of late
in Sweden, the people will be obliged, as the Swedes have
been, to seek their refuge in the arms of the monarch or Pres-
ident-General."

16. The comparison of a little kingdom to a great repub-
lic, cannot be just. The revolution in Sweden was the affair
of a day, and the success of it was owing to its confined
bounds. To suppose a similar event in this extensive coun-
try, 3000 miles distant from European intrigues, is, in the
nature of things, a gross absurdity.

"17. Rotation, that noble prerogative of liberty, is entirely
excluded from the new system of government, and great men
may and probably will be continued in office during their
lives."

17. How can this be the case, when at stated periods the
government reverts to the people, and to the representatives
of the people, for a new choice in every part of it ?

"18. Annual elections are abolished, and the people are
not to re-assume their rights until the expiration of two, four
and six years."

18. Annual changes in a federal government would beget
confusion; it requires years to learn a trade, and men in this
age are not legislators by inspiration. One-third of the Sen-
ate, as well as all of the Representatives, are to be elected
every two years. Art. i. Sec. 3.

"19. Congress are to have the power of fixing the time,
13

194 Before the Meeting of' the Conveiition.

place, and manner of holding elections, so as to keep them
forever subjected to their influence."

19. Congress are not to have power to fix the place of
choosing Senators: and the time, place, and manner of elect-
ing Representatives are to be fixed by each State itself. Con-
gress, indeed, are to have control to prevent undue influence
in elections, which we all know but too often happens through
party zeal. Art. i. Sec. 4.

"20. The importation of slaves is not to be prohibited until
the year 1808, and slavery will probably resume its empire in
Pennsylvania."

20. This is fully answered in my letter to Timothy, but it
may not be amiss to repeat that Congress will have no power
to meddle in the business until 1808. All that can be said
against this offending clause is, that we may have no altera-
tion in this respect for twenty-one years to come; but twenty-
one years is fixed as a period when we may be better, and in
the meantime we cannot be worse than we are now. Art. i,
Sec. 9.

"21. The militia is to be under the immediate command
of Congress, and men conscientiously scrupulous of bearing
arms, may be compelled to perform military duty."

21. Congress may "provide for calling forth the militia,
and may provide for organizing, arming, and disciplining it."
But the states respectively can only raise it, and they ex-
pressly reserve the right of "appointment of officers and of
training it." Now we know that men conscientiously scru-
pulous by sect or profession are not forced to bear arms in any
of the States, a pecuniary compensation being accepted in
lieu of it. Whatever may be my sentiments on the present
state of this matter is foreign to the point. But it is certain
that whatever redress may be wished for, or expected, can
only come from the State Legislature, where, and where only,
the dispensing power, or enforcing power, is in the first in-
stance placed. Art. I, Sec. 8.

"22. The new government will be expensive h^yon^. d^ny
we have ever experienced; the judicial department alone, with
its concomitant, train of judges, justices, chancellors, clerks,

The Twenty-three Objections Refuted. 195

sheriffs, coroners, escheators, state attorneys and solicitors,
constables, etc., in every state, and in every county in each
state, will be a burden beyond the utmost abilities of the peo-
ple to bear."

22. This mighty expense would be paid by about one shil-
ling a man throughout the states. The other part of this ob-
jection is not intelligible; nothing is said in the new consti-
tution of a judicial department in "states and counties,"
other than what is already established.

"23. A government partaking of ;;z(9;z<2r^/zy and aristocracy
will be fully and firmly established, and liberty will be but a
name to adorn the short historic page of the halcyon days of
America. ' '

23. The 5th article expressly provides against every dan-
ger, by pointing out a mode of amendment when necessary.
And liberty will thus be a name to adorn the long historic
page of American virtue and happiness.

Thus I have answered all the objections, and supported my
answers by fair quotations from the new constitution; and I
particularly desire my readers to examine all the references
with accurate attention. If I have mistaken any part, it will,
I trust, be found to be an error of judgment, not of will, and
I shall thankfully receive any candid instruction on the sub-
ject. One quotation more and I have done: "In all our de-
liberations on this subject (saith George Washington) we kept
steadily in our view, that which appears to us the greatest in-
terest of every true American, the consolidation of our union,
in which is involved our prosperity, felicity, safety, perhaps
our national existence. This important consideration, seri-
ously and deeply impressed on our minds, led each State in
the convention to be less rigid on points of inferior magni-
tude, than might have been otherwise 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 in-
dispensable. ' ' Plain Truth. *

* Independent Gazetteer, Nov. 10, 1787.

196 Before the Meeting of the Convention.

[One of the Dissenting Assemblymen.]

From The Pennsylvania Packet and Daily Advertiser^ Nov.

14, 1787.

Messrs. Printers: As the Constitution framed by the late
Continental Convention is an object of the greatest magni-
tude, and upon the adoption or rejection of which the happi-
ness or misery of this country greatly depends, I am happy
to find it has become a subject of general discussion, and that
many able pens are employed in the investigation of its
nature and principles; everything, therefore, that hath any
relation to this business must be interesting and of import-
ance to the public. The secession of the minority of the late
house of assembly having connection with this matter, and
being severely reprobated by many who are, perhaps, igno-
rant of the principles which influenced their conduct, I have
taken the liberty, as one of that minority, of stating to the
public, through the medium of your paper, the motives
which induced us to take such a measure.

In the formation of every good government, every innova--
tion should be carefully guarded against, as it is much easier
to prevent than to remedy evils; therefore, in every free gov-
ernment, the power of putting a negative upon particular
laws is lodged in such a man or body of men, as have not the
power of enacting laws. Thus, in Britain, a complete nega-
tive is vested not only in each house of parliament, but also
in the king, whereas the concurrence of king, lords, and
commons are necessary to enact a law. The despotism of the
French monarchy is much restrained by the powers lodged
with the parliament of Paris, of preventing the operation of
any new laws, by refusing to register them. When the Ro-
man Republic was in the zenith of its glory, the negative of
a single tribune was sufficient to prevent the enacting of a
law, but the concurrence of twelve tribunes was necessary to
make any new law or innovation. In the Republic of Genoa,
four-fifths of the Senate must assent to any new law, conse-
quently if even forty should concur in the measure, it might
be prevented by eleven.

But to come nearer home. In our neighboring States, the

The Negative. 197

majority of the Senate or upper house have a complete nega-
tive over the whole Legislature, which amounts in most cases
to one exercising a complete negative over eight, ten, or
twelve.

The framers of the Constitution of Pennsylvania, sensible
of the necessity of preventing innovations, have also pro-
vided sufficient checks; and though our legislature consists
of but one branch, and it is not in the power of a single
magistrate, or a majority of a small upper house, to put a
negative on our laws, or prevent what they might think im-
proper innovations; yet, even in this government which de-
rives its greatest security from responsibility and necessary
rotation, no bills can be enacted into laws, except in cases of
sudden necessity, without being published for consideration
from session to session, and thus laying them before the peo-
ple, together with the yeas and nays, and reasons for the vote,
if any two members require it; but as the house are neces-
sarily judges of the sudden necessity which may exist for en-
acting laws hastily, the constitution has carefully guarded
against any attempt of designing men, who may, from the
prevailing influence of some improper or dangerous interest,
prostitute the cry of public necessity to cloak their ambition,
and thus attempt such innovations as the minority may think
unconstitutional and highly mischievous, to prevent which
our form of government provides, that a quorum of not less
than two-thirds of the whole number elected shall be neces-
sarily present, in order to do business. Thus, a negative
check is clearly erected, and the exercise thereof vested in
such a minority as shall exist of a little more than one-third
of the whole number elected. This is clearly a constitutional
check; the legislature have not the power of preventing it,
and the members who shall exercise it are responsible to their
constituents only for their conduct.

This negative has been often put in practice; there is an
instance of its having been done twice in one day; but as,
perhaps, the house was not of the greatest importance, or
what is more probable, that the majority were not aided by a
mob, these instances made very little noise, nor was the ex-

198 Befoi'e the Meeting of the Convention.

ercise of this negative ever attempted to be prevented, until

the day of , 1784; when near the close of the last

session of the house, a bill was brought forward for reviving
the test laws. This the minority considered as a matter in
which their constituents ought to be consulted, and for the
enacting of which there was no sudden necessity; they, there-
fore, considered the enacting thereof in such a manner as a
wilful breach of the constitution, and judged it to be their
duty to avail themselves of every means which the constitu-
tion itself put in their power to preserve it inviolable, and
consequently put a stop to the business, until it comes before
their constituents; but on this occasion the doors were at-
tempted to be shut, and force was used to detain the mem-
bers, therefore they did not return to finish the business of
the house, apprehending that if they acted under compulsion
or the power of a mob, whatever was done would not be bind-
ing on the citizens, because freedom of acting is indispensa-
ble to the exercise of legislative authority. The case, of
course, came before the people, and they decided, by approv-
ing of and returning the members who dissented, and by re-
jecting the majority of those who urged on the business.

The next occasion when this negative was exercised was on
the 28th day of September last, being expected (at least by
many of the members) to be the last day of the house sitting,
when a resolution was proposed by one of the members (who
had also been a member of the late Federal Convention) for
calling a state convention, to be elected in the greatest part
of the State within about ten days, for the purpose of exam-
ining and adopting the proposed new constitution for the
government of the United States. To offer a resolution of
such importance at that late hour, to take it up instantly
without giving the members who did not expect such an at-
tempt, and were consequently wholly unprepared, time even
until the afternoon for advisement, was truly extraordinary.
But, when it is considered that the adopting of the proposed
plan may, in its consequences, alter, or even annihilate the
constitution of our own State under which we act, and which
is the rule and measure of our legislative authority, and to

Remarks of a Dissenting Assemblyman. 199

preserve which inviolate we had, in the presence of God, and
of each other, solemnly plighted our faith; every unpreju-
diced person will allow we ought to have taken time to delib-
erate. Even the Council of Censors, who have the constitu-
tional right to propose alterations or amendments to the con-
stitution, yet are strictly prohibited from calling a convention
to adopt such alterations or amendments, until they are pub-
lished at least six months for the consideration of the people.
But in the present instance, the assembly were called upon
by surprise to propose essential alterations in the forms of
government, without having received any new powers for
that purpose from the people, but being expressly guarded
from doing it, both by the powers delegated to them and by
their own solemn oaths, and without permitting the people to
know or judge of the importance of those alterations in their
government, which they were thus called upon to adopt or
reject, or the relative fitness of the persons whom they were
about to elect for the proposed convention, or without the
shadow of necessity for going into the measure with precipi-
tation, as no injury could arise from deferring the business
until the meeting of the new house, who would at least enjoy
implied powers for that purpose, and might have sufficient
information from the people to enable them to go into the
business with a degree of understanding suited to its import-
ance. But taking the matter up at that time and manner
was an express violation of the existing confederation, for it
is now well known that Congress did not transmit the new
constitution to this State until the week after the last house
finally rose, and that it was not ofiicially before the legislature
until after the present house met. In this situation we, who
were of the minority, saw no alternative but either by our
presence to assist in breaking the constitution of this State
and the confederation of the United States, or else to avail
ourselves of that negative check which the constitution itself
hath instituted, by constituting a large quorum, and secured
the exercise of by preventing the doors from being shut.

If the constitution had not pointed out such an alternative,
or if the minority had not thought proper to make use of it,

200 Before the Aleeting of the Convention.

necessity dictated the measure; for before the business was
brought forward, and before many of us knew any such mat-
ter was designed, the gallery and doors were so unusually
crowded as to give ground of surprise, though we had no sus-
picion of the design until the extraordinary resolution was
offered, and the still more extraordinary language that was
used to support it, viz. :

"That the citizens who had declined to sign an approba-
tion of the new plan would shortly be dragged forth with
public infamy and disgrace; that none would dare to oppose
it; that the confederation was dissolved and rotten, and did
not exist," etc. I was by that time fully convinced that we
were surrounded with a mob, probably collected there for the
occasion by those who, being members of the house, had the
address to procure seats in the Federal Convention ; and these
having exceeded the powers delegated to them were intoxi-
cated with such fondness for the creature of their own pro-
duction, or perhaps for the enjoyment of those offices which
they had so liberally provided in the proposed plan, as not
only to break through the rules of decency and good order,
but every obligation they were under to their constituents.

Under the full persuasion that we were acting under such
restraint as was inconsistent with the free exercise of legisla-
tive authority, and entirely subversive of the powers with
which we were entrusted, when the first paragraph of the
plan was pretty largely debated and adopted, and the remain-
ing paragraphs were before us, the house adjourned until the
afternoon, which was the only instance of that session in
which we were to sit twice in one day. I then determined in
my own mind not to return to the house until I could do it
with confidence of enjoying personal freedom, steadfastly be-
lieving that no law enacted under the evident restraint of a
mob could be binding or admitted in a court of justice; but
such of us who had opportunity proposed to the speaker of
the house, and to the members who moved that hasty busi-
ness, for to return to the house and finish the business that
was regularly brought before the house, upon those gentle-
men engaging that the new plan should not be further urged

Remarks of a Dissenting Assemblyman. 201

until it would come officially and orderly before them, but
this was refused; and it is now notorious, that upon the next
day after the resolution was introduced, the mob, after ren-
dezvousing at the State House, marched to and entered by
force the lodging of some of the members, and carried off two
of them (which was all that fell into their hands), unto the
assembly room — then become the guard house of the mob —
and after putting them into it kept them there, and when
under this restraint they assumed the form of a legislative
assembly, and counting upon the imprisoned members as a
necessary part of their number, proceeded to complete the
resolutions, but with some alteration, for they did not then
dare to give so short a day for the election as on the preced-
ing day, and they added an idea to delude the people, as if
the proposed plan of government had been transmitted to the
house from Congress ; but this I have already noticed, and it
is now universally known to be true, whilst proceeding on
this business the two members who were forced there by the
mob were not only under restraint, but one of them prevented
from his freedom of going even to the door by one who was
both a member of the late Federal Convention and of the
assembly, laying forcible hands upon him, and by the mob-
cry "stop, stop," &c., and during those transactions so far was
the discipline of the house from being exerted, that there was
not even a call to order by the Speaker.

Thus it appears that the dissenting members only availed
themselves of this constitutional negative in a case where
the Constitution itself and the confederation were both at
stake, as well as the people's right to information in a case
wherein they are to judge for themselves and posterity. The
magnitude of the case invited, and forcible necessity drove
them to appeal to their constituents, who have already given
an uncontrovertible decision in favor of our conduct by re-
electing all those members who dissented that had not already
served four years in the house, except one man who was left
out through a mistaken division of votes, occasioned by a re-
cent erection of a county. Thus the people have given the
strongest testimony of their approbation which the case
admits of.

202 Befo7'e the Meetmg of the Convention.

It is the glory of the American revolution that the respec-
tive governments underwent a free and rational discussion,
were the fruit of deliberation and choice, and were not dic-
tated by a chieftain, nor hatched in a secret conclave, where
the depraved and intriguing generally overreach and circum-
vent the disinterested and virtuous: they were also generally
left open to a regular course of alteration or amendment, ac-
cording as experience and circumstances dictate the propriety.
But who would then have believed that at this early period,
within the remembrance, and even when the feelings of the
revolution were yet fresh on every sensible patriotic mind,
that an attempt should be made in a legislative body to pre-
clude the people who accomplished the revolution, and whose
wounds have yet scarcely ceased to bleed, from the means
of understanding and judging of the amendments or altera-
tions by which they are to be bound. Future generations
will justly censure those who precipitated this business, when
the dark designs and ambitious intrigues which have fo-
mented the embarrassments of the Union, and paved the way
for the aristocratic attempts of the present day, shall be fully
unfolded.

The worst that even an improper exertion of this negative
by a minority can do is to postpone the business in question,
be it what it will, and so to give further time for advisement.

But what will be the opinion of freemen of the precedent
set by the majority of the late house, if a mob may be em-
ployed or countenanced in compelling members to attend and
act who are necessarily responsible only to the rules of their
own house and their constituents. May not the mob by the
same rule, if they dislike a business which is likely to be
enacted into a law, take out what number of members they
please so as to turn the majority to their wishes? or may they
not by all the terrors of riot oblige the members to vote as
they think fit ? But the consequences are too plain and too
dreadful to be dwelt upon.

In some other free countries, mobs have had the audacity
to interrupt the legislature, and prevent for a time the pro-
gress of some business obnoxious to the populace; but it

Remarks of a Dissenting Assemblyman. 203

remained for the legislature of Pennsylvania to suflfer, and
for the mob of Philadelphia to commit, that kind of outrage
which puts an end to constitutional government, and the
peace and confidence of society at once: for who can think a
deliberative body free in their decisions, which sits in reach
of the operations and terrors of such a set of desperadoes ?

One of the evils prevalent in the controversies of the pres-
ent times is, that the supposed merit or demerit of names
are urged instead of reason, and detraction instead of argu-
ment. For this cause I shall not at present give my real
name, but subscribe myself what I really have been,

One of the Dissenting Assembi^ymen.

CHAPTER IV.

THE DEBATE IN THE CONVENTION..

The election of delegates to represent Philadelphia in the
State Convention to consider the constitution took place at the
State House on Tuesday, November 6th. All went quietly
during the day. But at midnight a crowd gathered, and a
riot occurred before the now famous house of Mr. Alexander
Boyd on Sixth street The occasion of the riot was the pres-
ence in the house of the Anti-Federal Junto against whom
the voters had been muttering threats all day. What hap-
pened was stated to the Assembly a few days later by one of
the members insulted.

GENERAL ASSEMBLY.

Saturday^ Novejnber loth.

The house met pursuant to adjournment.

The order of the day for electing a state treasurer was
called up, but Mr. M'Lean expressing a desire to state a sub-
ject of some importance, that order was postponed to give him
an opportunity to address the house, which he did in the fol-
lowing manner:

Mr. M ' Lean. It is with the greatest diffidence I rise to
represent some facts, which in my opinion, respect more the
dignity, and honor of this house, than the personal safety
and resentments of those who are individually interested.
As a member of the legislature, it is my duty to guard and
protect its privileges in whatever form they may be attacked ;
and even Mr. Speaker, when so humble a member as he that
now addresses you, has been made the means of offering an
insult to the house, the offence, which is but trivial when we
consider the man, becomes of great importance when we con-
sider his office. For these reasons therefore, I think myself
bound to lay before the house, the circumstances of complaint
(204)

Riot at Mr. Boyd^s. 205

to which I have alluded ; but to their wisdom I shall impli-
citly submit the measures which are proper to be pursued
upon the occasion. About midnight on Tuesday last, a great
concourse of people assembled opposite to the house of Mr.
Alexander Boyd, in which myself, several other members of
this house, and several members of the supreme executive
council lodged, and at that time had retired to our respec-
tive chambers. The persons thus assembled made a consider-
able noise in the streets, and at length assailed Mr. Boyd's
house, beating loudly at the door, and breaking the windows,
thro' which they threw some very large stones, etc. , exclaim-
ing repeatedly, "here the damned rascals live who did all the
mischief," and using other words highly reproachful to the
members of this house and of the executive council. What
were the motives of the rioters for this conduct, I do not
know, nor am I solicitous to enquire; but having stated these
facts, I am confident every gentleman here is ready to ex-
press his disapprobation of the proceedings, so grossly in vio-
lation of the law of the land, and the established privilege of
this house.

Mr. Findley. Though I am aware, Mr. Speaker, that the
fullest credit will be given to the information of the member
who has just spoken, and that upon this subject no other
evidence is necessary to support his allegation, yet I have
been solicitous to put the authenticity of the facts which have
been stated beyond all doubt, and therefore beg leave to pre-
sent two affidavits, one made by Mr. Boyd, whose house has
been attacked, and the other by Mr. Baird, a member of the
supreme executive council.

The clerk then read the affidavits, which were as follows:

^'' Philadelphia^ ss.''''

On this ninth day of November, in the year of our Lord
one thousand seven hundred and eighty-seven, before me
Plunket Fleeson, Esquire, being one of the justices of peace,
in the city and county of Philadelphia, residing in the said
city; Cometh Alexander Boyd, of Sixth street, from Delaware
river in the said city, Esquire, who being solemnly sworn
with uplifted hand, doth depose, testify and say that on the

2o6 The Debate in the Convention.

night of Tuesday last, being the sixth of this present month
of November, this dependent, together with the honorable
John Smilie, John Baird and Abraham Smith, members of the
supreme executive council; and James M'Calmont, James
M'lycan, John Piper and William Findley, Esquires, represen-
tatives in the general Assembly of the State of Pennsylvania,
who lodge with this deponent, were gone to bed in his dwelling
in Sixth street aforesaid: that this deponent was fallen asleep,
when about 12 o'clock at midnight, a great noise in the ad-
joining street, awaked this deponent, who thereupon imme-
diately jumped out of his bed, and raising the sash of a win-
dow towards the street of the the third floor of the house, he
saw a considerable number of men in the street, of w^hom
twelve or fifteen were nigh to the door of this deponent's
dwelling, and that divers of the persons, so as aforesaid as-
sembled, did then and there speak reproachfully of the gentle-
men who were lodged with this deponent, and did say that
here is the house where the damned rascals lodge who do all
the devilment, or words to the like effect; adding that they
ought to be all hanged. That hearing the window rise and
seeing this deponent at the window, as this deponent believes,
this deponent hear one of the same persons say. ' There
is one of the damned rascals putting his head out of the win-
dow. ' That a man who lives nigh to this deponent, at this
moment coming out of this dwelling, and approaching the
mob aforesaid, the persons who composed the same ran
northerly towards Mulberry street, and this deponent saw
them no more. That this deponent was awaked as aforesaid,
by the noise aforesaid, and by the throwing of large stones
against the front door of his dwelling, some of which stones
drove in the sash over the same door and fell in his entry,
and one of them was at least ten pounds in weight. And
that this deponent was not able to distinguish au)^ of the
aforesaid rioters, so as to know their names, or who they or
any of them were. And further this deponent saith not."

^''Philadelphia^ ss.

"On this ninth day of November, Anno Domini one thou-
sand seven hundred and eighty-seven, before me, Plunket

Riot at Mr. Boyd^s. 207

Fleeson, Esq., being one of the justices of the peace in and
for the city and county of Philadelphia, and residing in the
same city, cometh the Honorable John Baird, who is one of
the members of the supreme executive council of this com-
monwealth, and the said John, being duly sworn on the holy
gospel, doth depose, testify and say, that he, this deponent,
doth lodge with Alexander Boyd, and that being in bed at
the dwelling of the said Alexander, in Sixth street from Del-
aware river, in the city of Philadelphia, on Tuesday night
last, the 6th instant, and being fallen asleep, he was disturbed
and awaked by a confused noise, at first seeming to him to
be the report of guns fired, made by riotous persons in the
street, at and near the same dwelling, and heard the glass of
the lower story of the house breaking, by the throwing of
stones against the same; that this deponent, still lying in his
bed and not rising, heard some persons in the street say,
'Here the damned rascals live who do all the mischief,' or
words to like effect; that the disturbance aforesaid did not
continue after this deponent awaked, as aforesaid, above a
minute, after which this deponent heard the rioters aforesaid
departing hastily, as the sound of their feet indicated, towards
Mulberry street; and that the Honorable John Smilie and
Abraham Smith, together with James M'Calmont, James
M'Lean, John Piper and William Findley, Esquires, repre-
sentatives in the general assembly of this state, do also lodge
with the said Alexander Boyd, and were all in bed, as this
deponent hath good reason to believe, in the dwelling of the
said Alexander aforesaid, at the time of the outrage and riot
so as aforesaid committed, and further saith not."

Mr. Kennedy. Sir, the outrage that has been committed
against the public peace, and against the privilege of this
house, being thus authenticated, I beg leave to offer a reso-
lution upon the subject, in which I expect the unanimous
concurrence of the members.

[The resolution was prefaced with a recital of the injury
stated in the depositions and complained of by the members,
and concluded with authorizing the executive council to offer
a reward for the discovery of the offenders, and requiring

2o8 The Debate in the Convention.

them to direct the attorney general to prosecute the offenders
when discovered.]

Mr. Peters. I am very ready Mr. Speaker, to declare that
the transaction represented to the house is of an unwarrant-
able and scandalous nature, for the punishment of which I
shall cheerfully unite with the movers of this resolution. But
I profess, sir, to be at a loss in what manner we ought to pro-
ceed in order to maintain the dignity of the legislature, and
to give efficacy to our decisions upon this subject, which is
certainly of great importance, not only as it respects the
present object, but as it is to establish a precedent for the
future. I wish therefore to have a short time for reflection,
and move that the resolution before us be referred to a com-
mittee— not, Mr. Speaker, to create unnecessary dela}', but as
I said before, to enable us to proceed with propriety and
effect.

Mr. M'Lean. I do not perceive the least reason for refer-
ring this business to a committee: It is a plain, easy, and
consistent proposition that lies before us, and the honor of the
house requires that an explicit and immediate determination
shall take place. The very reference to a committee will
propagate an opinion that we are indifferent and in doubt as
to the offence which has been committed, and it is probable
that the executive council will have proceeded upon the com-
plaint of their members, while we are indulging this useless
spirit of procrastination. I cannot suppose that it is the wish
of any member to defeat the question in this manner; and as
it seems to be agreed that the disapprobation of the house
ought to be expressed, there can be no reason given for not
expressing it at this time, since every objection either to the
form or substance of the proposed resolution may be obviated
by immediate alteration or amendment. It was with reluct-
ance that I consented to delay calling the attention of the
house to this business so long, but as any further delay will
I am confident be injurious to the legislative character, I
shall oppose the motion for a commitment.

Mr. Lewis. It is difficult upon questions of importance
suddenly to form an opinion which will be satisfactory' to the

Riot at Mr. Boyd^ s. 209

mind; and therefore, though I shall never consent to sacrifice
a moment to mere delay, I shall always be desirous to obtain
the time that is necessary for deliberation. The subject be-
fore us is certainly of great moment, and therefore deserves
consideration; but.it is likewise of a complex nature, and
therefore demands it. In the account which has been given
to the house, we discover an offence that may either be con-
sidered as a riot and breach of the public peace, in which case
the common course of the law is competent to punish the
offenders, or it may be regarded as an infringement of the
privilege of this house, in which case it becomes our duty to
investigate the circumstances, for it is in our power alone to
punish the delinquency. Connected with this distinction are
many enquiries which it is impossible to ascertain by an in-
stantaneous recourse to the memory; and therefore I shall
vote for the commitment, which is intended, I am confident,
to provide the proper means of redressing the injury, and not
to divert our attention from the complaint which has been
made to the house,

Mr. Fitzsimons. I have taken a cursory view of the depo-
sitions, and in my opinion, Mr. Speaker, they do not support
the resolution which has been offered to the house. I should
certainly therefore vote for the commitment upon that ground
alone; but I conceive likewise, that in point of justice the
legislature will not pass a vote which tends highly to reflect
upon the city and its police, without a perfect investigation
of the grounds on which they proceed. If the committee
shall find the charge sufficiently supported, I shall concur in
any proper measure for punishing the offenders; but to vindi-
cate the conduct of the house, it is certainly necessary to
enquire into the subject before we decide upon it.

Mr. Findley. Sir, I may be thought personally interested
in the question, and therefore I shall not animadvert upon
the means which the house ought to pursue, in order to de-
clare their disapprobation of the transaction complained of;
but I beg leave to observe, that I hope no other proofs will be
called for in this case, than could be called for in any other
case of a similar nature. According to parliamentary usage,
14

210 The Debate in the Convention.

the complaint of a member, Mr. Speaker, need only be sup-
ported by his own assertion, and the affidavits which have
been produced on this occasion were superfluous and unneces-
sary. I claim no personal compliment or distinction, but
possessing the honor of a seat in this house, I hope it will not
be deemed arrogant or improper to claim the privileges and
credit that belong to it.

Here the Speaker declared that Mr. Findley was certainly
right in his ideas upon the subject, and Mr. Fitzsimons ob-
served, that not being present when the business was intro-
duced, he did not know that it came in the form of a com-
plaint from any member of the house.

After some further debate, the question for commitment
was carried by a small majority.

In due time the committee reported, the house accepted the
report, and the President issued the following proclamation:

Pennsylvania.^ ss.
By the President and the Supreme Executive Coun-
cil OF THE Commonwealth of Pennsylvania.

A Proclamation.
Whereas, It appears to us that about midnight between Tuesday the
sixth and Wednesday the seventh instant, a most daring riot was committed
by a large company of disorderly and evil-minded persons unknown, at and
on the dwelling of Major Alexander Boyd, in Sixth street, in the city of
Philadelphia, which company violently assaulted the same house by throw-
ing stones thereat and damaging the same, to the great disturbance and an-
noyance of the honorable John Baird, Abraham Smith, and John Sniilie,
members of Council, and of James M'Lean, James M'Calmont, William
Findley and John Piper, esquires, members of the General Assembly of this
Commonw^ealth, who were there asleep within the same dwelling; and

U'liereas, It is manifest that the said rioters did perpetrate the riot and
outrage aforesaid, with design to affront and injure the gentlemen aforesaid,
in as much as they at the same time declared that they knew that they were
lodgers with the said Alexander Boyd, and did speak concerning them in
the most contumelious and threatening terms; and

Whereas, The General Assembly of this state have transmitted to Council
the following resolutions entered into by them on this occasion, viz. :

"Saturday, November loth, ijSj.
"The committee to whom was referred, this forenoon, the motion respect-
ing the insult offered to some members of this House, made report which
was read and on motion and by special order the same was read the second
time and unanimously adopted as follows, viz:

Proclamation of President Franklin. 211

""Whereas, Complaint hath been made to this House by James M'Calmont
James M'Lene, John Piper and William Findley, esquires, members thereof,
that on the night of Tuesday the sixth instant, the house of major Boyd, of
this city, in which they resided, was riotously attacked by a number of per-
sons, to the said members unknown, and themselves abused and insulted by
reproachful language.

^"■Resolved, That such outrageous proceedings is highly disapproved of by
this House, and is a breach of the privilege of its members.

'■'Resolved, That this resolution, together with the affidavits which the said
members have thought proper to produce on the subject, be transmitted to
the Supreme Executive Council, and that Council be reqiiested to issue a
proclamation, offering such rewards as they may deem necessary for appre-
hending the perpetrators of the said outrage, in order that they may be
brought to punishment, and that this House will provide for the payment
of such rewards;" and

Whereas, It is highly proper that the authors of such high contempts, so
inconsistent with the dignity and good order of government, and of the
most pernicious example, should be immediately discovered and brought to
condign punishment; WE do, therefore, by this our proclamation, offer and
promise the reward of THREE HUNDRED DOLLARS for the discovery of the
rioters aforesaid, so that they be duly convicted of the same offence, to be
paid out of the public treasury of this commonwealth, to the person or
persons who shall furnish the necessary information concerning the prem-
ises. And we do hereby charge and require all judges, justices, sheriffs and
constables to make diligent search and enquiry after and to use their utmost
endeavors to apprehend and secure the said rioters, their aiders, abettors and
comforters, so that they may be dealt with according to law.

Given in Council, utider the hand 0/ the President, and the seal of the
State, at Philadelphia, this tzuelfth day 0/ November, in the year of out
Lord one thousand, seven hundred and eigJity-seven.

BENJAMIN FRANKIvIN.

Attest: Charles Biddle, Sec'ry.

Cod save the Commonwealth.

The proclamation was matter of form ; neither the Judges,
nor the Justices, the Sheriffs nor the Constables exerted them-
selves to find the rioters, and the delegates chosen through-
out the State assembled at the State House on the 21st of
November.

STATE CONVENTION.

Wednesday.^ November 21?
Sixty* of the gentlemen elected to serve in the convention
met; the returns of the elections held for the city of Phila-
delphia and the several counties of this State were read, by

* From the Pennsylvania Packet, Nov. 27.

213 The Debate iJt the Conveiition.

which it appeared that the following gentlemen were re-
turned as delegates to the convention* for the said city and
counties respectively, viz:

Philadelphia City. Chester.

George Latimer Thomas Bull

Benjamin Rush Anthony Wayne

Hilary Baker William Gibbons

James Wilson Richard Downing

Thomas M'Kean. Thomas Cheyney

Philadelphia County. John Hannuni.
William ]\Iacpherson Lancaster.

John Hunn Stephen Chambers

George Gray Robert Coleman

Samuel Ashmead Sebastian Graff

Enoch Edwards. John Hubley

Bucks. Jasper Yeates

Henry Wynkoop John Whitehill.
John Barclay York.

Thomas Yardley Henry Slagle

Abraham Stout Thomas Campbell

*The minutes of the conveution gi-ve but a meagre account of its pro-
ceedings, nor is there anj^ complete report of the debates, that took place,
known to exist. At first the Philadelphia papers furnished short accounts
of the proceedings, but before long they reprinted from the Penns3'lvania
Herald what appears to have been a tolerably full report. Unfortunately
this report was suspended after bringing the debates down to November
30th, and if the statement of "Centinel," is accepted it was suppressed
through the efforts of the Federalists. There is but little doubt that it
was prepared by Alexander James Dallas, then a young man engaged by
William Spotswood, proprietor of the Pennsylvania Herald and Columbian
Magazine, to edit those publications.

Thomas Lloyd, a short-hand writer of some iiote, proposed to take down
the debates and print them as soon as the convention should adjourn. But
one volume of his work however appeared, and that contains little else than
the speeches of Wilson and a few of those of M'Kean. The language of
some of these differs from the reports made by Dallas, and has evidently
been subjected to revision. Nevertheless this volume was used by Elliot,
and contains all he publishes as the Debates in the Pennsylvania Conven-
tion. To give as full an account as is now possible of what was said in the
Convention, the Reports of Dallas, and what else appeared in the papers
of the day, have been carefully arranged, and the omissions from Lloyd's
volume in part supplied, indicating in each case the authority drawn from.

AoJJo BAILILA

the Convention,

Tames H.<

P>reacli::&

Richard Bard

.1, and one lor Mr. Ot

30 votes '-.,1.1- ^,- Mr-r

IS not a -

;l

■^lvaaia Herald

214 The Debate in the Convention,

whether Mr. Muhlenberg should be conducted to the chair?
it was determined in the affirmative. It was then proposed
to proceed to the choice of a clerk, but that business was de-
ferred on motion of Mr. Smilie. Dr. Rush moved ' ' that a
committee be appointed to request the attendance of some
minister of the gospel to-morrow morning, in order to open
the business of the convention with prayer." This was con-
sidered by several gentlemen as a new and unnecessary meas-
ure, which might be inconsistent with the religious senti-
ments of some of the members, as it was impossible to fix
upon a clergyman to suit every man's tenets, and it was
neither warranted by the example of the general assembly
or of the convention that framed the government of Penn-
sylvania. To these observations Dr. Rush replied, that he
hoped there was liberality sufficient in the meeting to unite
in prayers for the blessing of Heaven upon their proceedings,
without considering the sect or persuasion of the minister
who officiated; and with respect to precedent, he remarked
that it might be taken from the conduct of the first, and
every succeeding Congress, who certainly deserved our imi-
tation. "That the convention who framed the government
of Pennsylvania, did not preface their business with prayer,
is probably the reason," added the Doctor, " that the state has
ever since been distracted by their proceedings. ' ' Mr. Smilie
objected to the absurd superstition of that opinion, and
moved a postponement, which was accordingly agreed to.
An invitation was read from the trustees of the university,
requesting the attendance of the members at the ensuing
Commencement, which was unanimously accepted, and the
convention adjourned to meet to-morrow morning at 9
o'clock, in order to proceed in a body to the college-hall.

Thursday^ November 22^ 10 o'^ clock ^ a. in.
The Convention met* agreeably to thei.r adjournment, and
on motion of Mr. Whitehill, the members proceeded in a
body to the Commencement of the University. After the

* From the Pennsylvania Herald, Nov. 24. Same in the Independent
Gazetteer, Nov. 27.

The Debate in the Convention, 215

exercises were concluded, the Convention returned to tlie
State-house.

On motion of Mr. Wayne,* seconded by Mr. Whitehill, a
committee was appointed to report rules and regulations for
conducting the business of the convention: the committee
consisted of Benjamin Rush, James Wilson, George Gray,
Anthony Wayne, and Robert Whitehill.

Adjourned until half after 9 o'clock to-morrow.

Friday^ November 2^.

The Conventionf being met, pursuant to adjournment, on
motion of Mr. M'Kean, they proceeded to the choice of a
Secretary, when Mr. James Campbell was duly elected.
Mr. Burt was afterwards appointed Messenger, and Mr. Fry,
Doorkeeper. An application from Thomas Lloyd to be made
Assistant Clerk, was read, and a motion, complying with the
same, was postponed.

The committee! appointed yesterday to bring in rules and
regulations made report, and the same being read, was, by
special order, taken up, read by paragraphs, and agreed to,
as follows:

ist. When the President assumes the chair, the members
shall take their seats.

2d. At the opening of the convention each day, the min-
utes of the preceding day shall be read, and are then in the
power of the convention to be corrected, after which any busi-
ness addressed to the chair may be proceeded to.

3d. Every petition, memorial, letter, or other matter of the
like kind, read in the convention, shall be deemed as lying
on the table for further consideration, unless any special
order be moved therein.

4th. A motion made and seconded shall be repeated by the
President. A motion sha-U be reduced to writing, if the
President or any two members require it. A motion may be

*From the Pennsylvania Packet, Nov. 27, 1787.

t From the Pennsylvania Herald, Nov. 24. Same in Independent Gazet-
teer, Nov. 27.
X From the Pennsylvania Packet, Nov. 27.

2i6 The Debate in the Convention.

withdrawn by the member making it before any decision is
had on it.

5th. No member speaking shall be interrupted but by a
call to order by the President, or by a member through the
President.

6th. No member to be referred to in debate by name.

7th. The President himself, or by request, may call to or-
der any member who shall transgress the rules. If a second
time, the President may refer to him by name. The conven-
tion may then examine and censure the member's conduct,
he being allowed to extenuate or justify.

8th. Every member actually attending the convention shall
be in his place at the time the convention stands adjourned
to, or within half an hour thereof

9th. The name of him who makes, and the name of him
who seconds a motion, shall be entered on the minutes.

loth. No member shall speak more than twice to a ques-
tion without leave.

nth. Every member of a committee shall attend at the
call of his chairman.

1 2th. The yeas and nays may be called, and entered on the
minutes when any two members require it.

On motion* of Mr. M'Kean, seconded by Mr. Smilie, re-
solved that the doors of the Convention be kept open.

On motion of Mr. M'Kean, the Constitution proposed for
the federal government, was taken up and read by the Clerk.

Mr. Wilson tlien moved that the time of meeting and ad-
journing should be fixed, observing that with respect to the
time of adjournment, it had been found necessary in the
Federal Convention to make a rule that at 4 o'clock they
should break up, even if a member was in the middle of his
speech, and he proposed that two o'clock should be the hour
now limited for adjournment; but, after a short conversation,
it was agreed that the Convention should meet at 10 o'clock
each morning, leaving the hour of adjournment unspecified.

The Convention adjourned to meet to-morrow morning at
10 o'clock.

*From the Penusylvania Herald, Nov. 24, 1787. Same in Independent
Gazetteer, Nov. 27.

The Debate in the Convention,

217

Saturday^ November 24th.

The Convention met pursuant to adjournment.

The Minutes of yesterday being read, the proposed Consti-
tution of Federal Government was taken up for a second
reading, after which the following proceedings took place:

Mr. M'Kean.* Mr. President, there will perhaps be some
difficulty in ascertaining the proper mode of proceeding to
obtain a decision upon the important and interesting subject
before us. We are certainly without precedent to guide us;
but the utility of the forms observed by other public bodies,
will be an inducement to adhere to them where a variation
of circumstance does not render a variation of the mode
essentially necessary. As far, therefore, as the rules of the
Legislature of Pennsylvania will apply to the Constitution
and business of this body, I shall recommend their adoption;
but I perceive that in a very great degree we shall be obliged,
for conveniency and propriety, to resort to new regulations,

*This version of Wilson's speech on M'Kean's motion is taken from a
pamphlet entitled "The Substance of a Speech delivered by James Wilson,
Esq. Explanatory of the General Principles of the Proposed Federal Con-
stitution Upon Motion made by the Honorable Thomas M'Kean, in the
Convention of the State of Pennsylvania. On Saturday, the 24th of No-
vember, 1787. Philadelphia. Printed by Thomas Bradford, in Front
Street, four doors below the Coffee House. MDCCLXXXVII."

It appears to have been prepared by Dallas, as the language attributed to
M'Kean is almost exactly the same as that given in his report in the Penn-
sylvania Herald. The publication of the speech excited the jealousy of
Lloyd, who appended to his proposals to print the Debates the following :

Several of the editor's friends having supposed a pamphlet printed by
Thomas Bradford, entitled, "The Substance of ti Speech delivered by James
Wilson, Esq., &c." was written by him, he conceives himself under the
necessity of counteracting any impression such an opinion may have made
upon the public, by assuring them he was not the writer, but pledges him-
self to give that address in the forementioned volume, without mutilation
or misrepresentation.

December 3, 1787.

In Lloyd's Debates the speech is erroneously given under date of Nov.
26th, and is so copied by Elliot. The language differs, but the argument is
the same. Notwithstanding Lloyd's card, we believe the pamphlet version
to be the nearer correct. The language used in it and the style are more
those of a speech, and as it was in the hands of the people long before
Lloyd's volumes, and at a critical time, it is given in preference. In Dallas'
Report, printed in the Herald of Nov. 28th, there is only an abstract of
Wilson's speech.

2i8 The Debate in the Convention.

arising from the singularity of the subject offered to our con-
sideration. For the present, however, I shall move you, Sir,
that we come to the following resolution :

Resolved, That this Couvention do adopt and ratify the Constitution of
■federal Government as agreed upon by the Federal Convention at Phila-
delphia on the 17th day of September, 1787.

This measure, Mr. President, is not intended to introduce
an instantaneous decision of so important a question, but
merely to bring the object of our meeting fully and fairly
into discussion. It is not my wish that it should be deter-
mined this day, nor do I apprehend it will be necessary that
it should be determined this day week; but it is merely pre-
paratory to another motion with which I shall hereafter
trouble you, and which, in my opinion, will bring on that
regular and satisfactory investigation of the separate parts
of the proposed Constitution, which will finally enable us to
determine upon the whole.

Mr. Wilson. As the only member of this respectable body,
who had the honor of a seat in the late Federal Convention,
it is peculiarly my duty, Mr. President, to submit to your
consideration the general principles that have produced the
national Constitution, which has been framed and proposed
by the assembled delegates of the United States, and which
must finally stand or fall by the concurrent decision of this
Convention and of others acting upon the same subject,
under similar powers and authority. To frame a government
for a single city or State, is a business both in its importance
and facility, widely different from the task entrusted to the
Federal Convention, whose prospects were extended not only
to thirteen independent and sovereign States, some of which
in territorial jurisdiction, population, and resource, equal the
most respectable nations of Europe, but likewise to innum-
erable States yet unformed, and to myriads of citizens who
in future ages shall inhabit the vast uncultivated regions of
the continent. The duties of that body therefore, were not
limited to local or partial considerations, but to the formation
of a plan commensurate with a great and valuable portion of
the olobe.

The Debate in the Conventioii. 219

I confess, Sir, that the magnitude of the object before us,
filled our minds with awe and apprehension. In Europe,
the opening and extending the navigation of a single river,
has been deemed an act of imperial merit and importance;
but how insignificant does it seem when we contemplate the
scene that nature here exhibits, pouring forth the Potow-
mack, the Rapahannock, the Susquehanna, and other in-
numerable rivers, to dignify, adorn, and enrich our soil.
But the magnitude of the object was equalled by the diffi-
culty of accomplishing it, when we considered the uncommon
dexterity and address that were necessary to combat and
reconcile the jarring interests that seemed naturally to pre-
vail, in a country which, presenting a coast of 1500 miles to
the Atlantic, is composed of 13 distinct and independent
States, varying essentially in their situation and dimensions,
and in the number and habits of their citizens — their inter-
ests too, in some respects really different, and in many appar-
ently so; but whether really or apparently, such is the con-
stitution of the human mind, they make the same impression,
and are prosecuted with equal vigor and perseverance. Can
it then be a subject for surprise that with the sensations in-
dispensably excited by so comprehensive and so arduous an
undertaking, we should for a moment yield to despondency,
and at length, influenced by the spirit of conciliation, resort
to mutual concession, as the only means to obtain the great
end for which we were convened? Is it a matter of surprise
that where the springs of dissension were so numerous, and
so powerful, some force was requisite to impel them to take,
in a collected state, a direction different from that which sep-
arately they would have pursued ?

There was another reason, that in this respect, increased
the difficulties of the Federal Convention — the different tem-
pers and dispositions of the people for whom they acted.
But, however widely they may differ upon other topics, they
cordially agree in that keen and elevated sense of freedom
and independence, which has been manifested in their united
and successful opposition to one of the most powerful king-
doms of the world. Still it was apprehended by some, that

220 TJie Debate in ihc Convention.

their abhorrence of constraint, would be the source of objec-
tion and opposition; but I confess that my opinion, formed
upon a knowledge of the good sense, as well as the high
spirit of my constituents, made me confident that they would
esteem that government to be the best, which was best calcu-
lated eventually to establish and secure the dignity and hap-
piness of their country. Upon this ground, I have occasion-
ally supposed that my constituents have asked the reason of
my assent to the several propositions contained in the plan
before us. My answer, though concise, is a candid and I
think a satisfactory one — because I thought them right; and
thinking them right, it would be a poor compliment indeed
to presume they could be disagreeable to my constituents —
a presumption that might occasion a retort to which I wish
not to expose myself, as it would again be asked, "Is this
the opinion you entertain of those who have confided in your
judgment? From what ground do you infer that a vote
right in itself would be disagreeable to us?" and it might
with justice be added, "this sentiment evinces that you de-
served not the trust which we reposed in you." No, Sir!
I have no right to imagine that the reflected rays of dele-
gated power can displease by a brightness that proves the
superior splendor of the luminary from which they proceed.

The extent of country for which the New Constitution was
required, produced another difficulty in the business of the
Federal Convention. It is the opinion of some celebrated
writers, that to a small territory the democratical, to a mid-
ling territory (as Montesquieu has termed it) the monarchical,
and to an extensive territory the despotic form of govern-
ment, is best adapted. Regarding then, the wide and almost
unbounded jurisdiction of the United States, at first view the
hand of despotism seemed necessary to control, connect and
protect it ; and hence the chief embarrassment arose. For
we knew that, although our constituents would cheerfully
submit to the legislative restaints of a free government, they
would spurn at every attempt to shackle them with despotic
power.

In this dilemma, a Federal Republic naturally presented

The Debate in the Conve^ttion, 22 1

itself to our observation, as a species of government which
secured all the internal advantages of a republic, at the same
time that it maintained the external dignity and force of a
monarchy. The definition of this form of government may
be found in Montesquieu, who says, I believe, that it consists
in assembling distinct societies which are consolidated into a
new body, capable of being increased by the addition of other
members — an expanding quality peculiarly fitted to the cir-
cumstances of America.

But while a federal republic removed one difficulty, it in-
troduced another, since there existed not any precedent to
assist our deliberations; for, though there are many single
governments, both ancient and modern, the history and prin-
ciples of which are faithfully preserved and well understood,
a perfect confederation of independent states is a system
hitherto unknown. The Swiss cantons, which have often
been mentioned in that light, cannot properly be deemed a
federal republic, but merely a system of united states. The
United Netherlands are also an assemblage of states; yet, as
their proceedings are not the result of their combined deci-
sions, but of the decisions of each state individually, their
association is evidently wanting in that quality which is es-
sential to constitute a federal republic. With respect to the
Germanic Body, its members are of so disproportionate a size,
their separate governments and jurisdictions so different in
nature and extent, the general purpose and operation of their
union so indefinite and uncertain, and the exterior power of
the House of Austria so prevalent, that little information
could be obtained or expected from that quarter. Turning,
then, to ancient history, we find the Achaean and Lycian
leagues and the Amphyctionic council bearing a superficial
resemblance to a federal republic; but of all these, the ac-
counts which have been transmitted to us are too vague and
imperfect to supply a tolerable theory, and they are so desti-
tute of that minute detail from which practical knowledge
may be derived, that they must now be considered rather as
subjects of curiosity, than of use or information.

Government, indeed, taken as a science, may yet be con-

222 The Debate in the Convcnt{o7i,

sidered in its infancy; and with all its various modifications,
it has hitherto been the result of force, fraud, or accident.
For, after the lapse of six thousand years since the creation
of the world, America now presents the first instance of a
people assembled to weigh deliberately and calmly, and to
decide leisurely and peaceably, upon the form of government
by which they will bind themselves and their posterity.
Among the ancients, three forms of government seem to
have been correctly known — the monarchical, aristocratical,
and democratical ; but their knowledge did not extend be-
yond those simple kinds, though much pleasing ingenuity
has occasionally been exercised in tracing a resemblance of
mixed government in some ancient institutions, particularly
between them and the British constitution. But, in my
opinion, the result of these ingenious refinements does more
honor to the moderns in discovering, than to the ancients in
forming the similitude. In the work of Homer, it is sup-
posed by his enthusiastic commentators, the seeds of every
science are to be found; but, in truth, they are first observed
in subsequent discoveries, and then the fond imagination
transplants them to the book. Tacitus, who lived towards
the close of that period which is called ancient, who had read
the history of all antecedent and contemporary governments,
who was perfectly competent to judge of their nature, ten-
dency, and quality — Tacitus considers a mixed government
as a thing rather to be wished than expected; and if ever it
did occur, it was his opinion that it could not last long. One
fact, however, is certain, that the ancients had no idea of
representation, that essential to every system of wise, good,
and efficient government. It is surprising, indeed, how very
imperfectly, at this day, the doctrine of representation is un-
derstood in Europe. Even Great Britain, which boasts a su-
perior knowledge of the subject, and is generally supposed to
have carried it into practice, falls far short of its true and
genuine principles. For, let us enquire, does representation
pervade the constitution of that country? No. Is it either
immediately or remotely the source of the executive power?
No. Vox it is not any part of the British constitution, as

The Debate in the Convejttwn. 223

practiced at this time, that the king derives his authority
from the people. Formerly that authority was claimed by
hereditary or divine right; and even at the revolution, when
the government was essentially improved, no other principle
was recognized but that of an original contract between the
sovereign and the people — a contract which rather excludes
than implies the doctrine of representation. Again, is the
judicial system of England grounded on representation?
No. For the judges are appointed by the king, and he, as
we have already observed, derives not his majesty or power
from the people. Lastly, then, let us review the legislative
body of that nation, and even there, though we find represen-
tation operating as a check, it cannot be considered as a per-
vading principle. The lords, acting with hereditary right,
or under an authority immediately communicated by regal
prerogative, are not the representatives of the people, and yet
they, as well as the sovereign, possess a negative power in the
paramount business of legislation. Thus the vital principle
of the British constitution is confined to a narrow corner, and
the world has left to America the glory and happiness of
forming a government where representation shall at once
supply the basis and the cement of the superstructure. For
representation. Sir, is the true chain between the people and
those to whom they entrust the administration of the govern-
ment; and though it may consist of many links, its strength
and brightness never should be impaired. Another, and per-
haps the most important obstacle to the proceedings of the
Federal Convention, arose in drawing the line between the
national and the individual governments of the states.

On this point a general principle readily occurred, that
whatever object was confined in its nature and operation to a
particular State, ought to be subject to the separate govern-
ment of the States; but whatever in its nature and operation
extended beyond a particular State, ought to be comprehended
within the federal jurisdiction. The great difficulty, there-
fore, was the application of this general principle, for it was
found impracticable to enumerate and distinguish the various
objects to which it extended; and as the mathematics only

224 The Debate in tJie Convention.

are capable of demonstration, it ought not to be tlioiiglit ex-
traordinary that the convention could not develop a subject
involved in such endless perplexity. If, however, the pro-
posed constitution should be adopted, I trust that in the
theory there will be found such harmony, and in the practice
such mutual confidence between the national and individual
governments, that every sentiment of jealousy and apprehen-
sion will be effectually destroyed. But, Sir, permit me to
ask whether, on the ground of a union, the individual or the
national government ought most to be trusted? For my part,
I think it more natural to presume that the interest of each
would be pursued by the whole, than the reverse of the pro-
position that the several States would prefer the interest of
the confederated body; for in the general government each is
represented, but in the separate governments, only the sepa-
rate States.

These difficulties, Mr. President, which embarrassed the
Federal Convention, are not represented to enhance the merit
of surmounting them, but with a more important view, to
show how unreasonable it is to expect that the plan of govern-
ment should correspond with the wishes of all the States, of
all the citizens of any one State, or of all the citizens of the
united continent. I remember well. Sir, the effect of those
surrounding difficulties in the late Convention. At one time
the great and interesting work seemed to be at a stand, at
another it proceeded with energy and rapidity, and when at
last it was accomplished, many respectable members beheld
it with wonder and admiration. But having pointed out the
obstacles which they had to encounter, I shall now beg leave
to direct your attention to the end which the Convention
proposed.

Our wants, imperfections, and weakness, Mr. President,
naturally incline us to society ; but it is certain, society can-
not exist without some restraints. In a state of nature each
individual has a right, uncontrolled, to act as his pleasure or
his interest may prevail, but it must be observed that this
license extends to every individual, and hence the state of
nature is rendered insupportable, by the interfering claims

The Debate in the Coiivention. 225

and the consequent animosities of men, who are independent
of every power and influence but their passions and their
will. On the other hand, in entering into the social com-
pact, though the individual parts with a portion of his natural
rights, yet it is evident that he gains more by the limitation
of the liberty of others, than he loses by the limitation of his
own, — so that in truth, the aggregate of liberty is more in
society, than it is in a state of nature.

It is then. Sir, a fundamental principle of society, that the
welfare of the whole shall be pursued and not of a part, and
the measures necessary to the good of the community must
consequently be binding upon the individuals that compose
it. This principle is universally allowed to be just with re-
spect to single governments, and there are instances in which
it applies with equal force to independent communities; for
the situation and circumstances of states may make it as
necessary for them as for individuals to associate. Hence,
Mr. President, the important question arises: Are such the
situation and circumstances of the American States ?

At this period, America has it in her power to adopt either
of the following modes of government: She may dissolve the
individual sovereignty of the States, and become one consol-
idated empire; she may be divided into thirteen separate, in-
dependent and unconnected commonwealths; she may be
erected into two or more confederacies; or, lastly, she may
become one comprehensive Federal Republic.

Allow me, Sir, to take a short view of each of these suppo-
sitions. Is it probable that the dissolution of the State gov-
ernments, and the establishment of one consolidated empire,
would be eligible in its nature, and satisfactory to the people
in its administration ? I think not, as I have given reasons
to show that so extensive a territory could not be governed,
connected and preserved but by the supremacy of despotic
power. All the exertions of the most potent Emperors of
Rome were not capable of keeping that Empire together,
which in extent was far inferior to the dominion of America.
Would an independent, an unconnected situation, without
any associating head, be advantageous or satisfactory ? The
15

226 The Debate in the Convention.

consequences of this system would at one time expose the
States to foreign insult and depredations, and at another, to
internal jealousy, contention and war. Then let us consider
the plan of two or more confederacies which has often been
suggested, and which certainly presents some aspects more
inviting than either of the preceding modes, since the sub-
jects of strife would not be so numerous, the strength of
the confederates would be greater, and their interests more
united. But even here, when we fairly weigh the advantages
and the disadvantages, we shall find the last greatly prepon-
derating; the expenses of government would be considerably
multiplied, the seeds of rivalship and animosity would spring
up, and spread the calamities of war and tumult through the
country; for tho' the sources of rancour might be diminished,
their strength and virulence would probably be increased.

Of these three species of government, however, I must ob-
serve, that they obtained no advocates in the Federal Conven-
tion, nor can I presume that they will find advocates here, or
in any of our sister States. The general sentiment in that
body, and, I believe, the general sentiment of the citizens of
America, is expressed in the motto which some of them have
chosen, unite or die; and while we consider the extent of
the country, so intersected and almost surrounded with navi-
gable rivers, so separated and detached from the rest of the
world, it is natural to presume that Providence has designed
us for an united people, under one great political compact.
If this is a just and reasonable conclusion, supported by the
wishes of the people, the Convention did right in proposing
a single confederated Republic. But in proposing it they
were necessary led, not only to consider the situation, cir-
cumstances, and interests of one, two, or three States, but ot
the collective body; and as it is essential to society, that the
welfare of the whole should be preferred to the accommoda-
tion of a part, they followed the same rule in promoting the
national advantages of the Union, in preference to the sepa-
rate advantages of the States. A principle of candor, as well
as duty, led to this conduct; for, as I have said before, no
government, either single or confederated, can exist, unless

The Debate in the Conventioji. 227

private and individual rights are subservient to the public
and general happiness of the nation. It was not alone the
State of Pennsylvania, however important she may be as a
constituent part of the union, that could influence the delib-
erations of a convention formed by a delegation from all the
United States to devise a government adequate to their com-
mon exigencies and impartial in its influence and operation.
In the spirit of union, inculcated by the nature of their com-
mission, they framed the constitution before us, and in the
same spirit they submit it to the candid consideration of
their constituents.

Having made some remarks upon the nature and principles
of civil society, I shall now take a cursory notice of civil lib-
erty, which is essential to the well-being of civil government.
The definition of civil liberty is, briefly, that portion of nat-
ural liberty which men resign to the government, and which
then produces more happiness than it would have produced
if retained by the individuals who resign it; still, however,
leaving to the human mind the full enjoyment of every priv-
ilege that is not incompatible with the peace and order of
society. Here I am easily led to the consideration of another
species of liberty, which has not yet received a discriminating
name, but which I will venture to term Federal liberty.
This, Sir, consists in the aggregate of the civil liberty which
is surrendered by each state to the national government; and
the same principles that operate in the establishment of a
single society, with respect to the rights reserved or re-
signed by the individuals that compose it, will justly apply
in the case of a confederation of distinct and independent
States.

These observations have been made, Mr. President, in
order to preface a representation of the state of the Union, as
it appeared to the late convention. We all know, and we
have all felt, that the present system of confederation is inad-
equate to the government and the exigencies of the United
States. Need I describe the contrasted scene which the rev-
olution has presented to our view? On the one hand, the
arduous struggle in the cause of liberty terminated by a glo-

228 The Debate in the Co7ivention.

rious and triumphant peace; on the other, contention and
poverty at home, discredit and disgrace abroad. Do we not
remember what high expectations were formed by others and
by ourselves on the return of peace ? And have those honor-
able expectations from our national character been realized ?
No! What then has been the cause of disappointment? Has
America lost her magnanimity or perseverance? No! Has
she been subdued by any high-handed invasion of her liber-
ties? Still I answer no; for dangers of that kind were no
sooner seen than they were repelled. But the evil has stolen
in from a quarter little suspected, and the rock of freedom,
which stood firm against the attacks of a foreign foe, has
been sapped and undermined by the licentiousness of our
own citizens. Private calamity and public anarchy have pre-
vailed; and even the blessing of independency has been
scarcely felt or understood by a people who have dearly
achieved it.

Shall I, Sir, be more particular in this lamentable history?
The commencement of peace was likewise the commence-
ment of our distresses and disgrace. Devoid of power, we
could neither prevent the excessive importations which lately
deluged the country, nor even raise from that excess a con-
tribution to the public revenue; devoid of importance, we
were unable to command a sale for our commodities in a for-
eign market; devoid of credit, our public securities were
melting in the hands of their deluded owners, like snow be-
fore the sun; devoid of dignity, we were inadequate to per-
form treaties on our own part, or to compel a performance on
the part of a contracting nation. In short. Sir, the tedious
tale disgusts me, and I fondly hope it is unnecessary to pro-
ceed. The years of languor are over. We have seen dis-
honor and destruction, it is true, but we have at length
penetrated the cause, and are now anxious to obtain the cure.
The cause need not be specified by a recapitulation of facts;
every act of Congress, and the proceedings of every State, are
replete with proofs in that respect, and all point to the weak-
ness and imbecility of the existing confederation; while the
loud and concurrent voice of the people proclaims an efficient

The Debate in the Convejition. 239

national government to be the only cure. Under these im-
pressions, and with these views, the late convention were
appointed and met; the end which they proposed to accom-
plish being to frame one national and efficient government, in
which the exercise of beneficence, correcting the jarring in-
terests of every part, should pervade the whole, and by which
the peace, freedom, and happiness of the United States should
be permanently ensured. The principles and means that
were adopted by the convention to obtain that end are now
before us, and will become the great object of our discussion.
But on this point, as upon others, permit me to make a few
general observations.

In all governments, whatever is their form, however they
may be constituted, there must be a power established from
which there is no appeal, and which is therefore called abso-
lute, supreme, and uncontrollable. The only question is,
where that power is lodged? — a question that will receive
different answers from the different writers on the subject.
Sir William Blackstone says, it resides in the omnipotence
of the British Parliament, or in other words, corresponding
with the practice of that country, it is whatever the British
Parliament pleases to do: so that when that body was so
base and treacherous to the rights of the people as to transfer
the legislative authority to Henry the Eighth, his exercising
that authority by proclamations and edicts could not strictly
speaking be termed unconstitutional, for under the act of
Parliament his will was made the law, and therefore his will
became in that respect the constitution itself. But were we
to ask some politicians who have taken a faint and inaccurate
view of our establishments, where does this supreme power
reside in the United States? they would probably answer,
in their Constitutions. This however, though a step nearer
to the fact, is not a just opinion; for in truth, it remains and
flourishes with the people; and under the influence of that
truth we, at this moment, sit, deliberate, and speak. In
other countries, indeed, the revolutions of government are
connected with war, and all its concomitant calamities. But
with us, they are considered as the means of obtaining a

230 The Debate in the Convention.

superior knowledge of the nature of government, and of
accomplishing its end. That the supreme power, therefore,
should be vested in the people, is in my judgment the great
panacea of human politics. It is a power paramount to
every constitution, inalienable in its nature, and indefinite in
its extent. For I insist, if there are errors in government,
the people have the right not only to correct and amend
them, but likewise totally to change and reject its form; and
under the operation of that right, the citizens of the United
States can never be wretched beyond retrieve, unless they
are wanting to themselves.

Then let us examine, Mr. President, the three species of
simple government, which as I have already mentioned, are
the monarchical, aristocratical and democratical. In a mon-
archy, the supreme power is vested in a single person; in an
aristocracy, it is possessed by a body not formed upon the
principle of representation, but enjoying their station by de-
scent, by election among themselves, or in right of some
personal or territorial qualification; and lastly, in a democ-
racy, it is inherent in the people, and is either exercised by
themselves or by their representatives. Each of these sys-
tems has its advantages and its disadvantages. The advant-
ages of a monarchy are strength, dispatch, and unity; its
disadvantages are expense, tyranny, and war. The advant-
ages of an aristocracy are experience, and the wisdom result-
ing from education ; its disadvantages are the dissension of
the governors, and the oppression of the people. The ad-
vantages of a democracy are liberty, caution, industry, fidel-
ity, and an opportunity of bringing forward the talents and
abilities of the citizens, without regard to birth or fortune;
its disadvantages are dissension and imbecility, for the assent
of many being required, their exertions will be feeble, and
their counsels too soon discovered.

To obtain all the advantages, and to avoid all the incon-
veniences of these governments, was the leading object of the
late convention. Having therefore considered the formation
and principles of other systems, it is natural to enquire, of
what description is the constitution before us? In its prin-

The Debate in the Convention. 231

ciples, Sir, it is purely democratical ; varying indeed, in its
form, in order to admit all the advantages, and to exclude all
the disadvantages which are incidental to the known and
established constitutions of government. But when we take
an extensive and accurate view of the streams of power that
appear through this great and comprehensive plan, when we
contemplate the variety of their directions, the force and
dignity of their currents, when we behold them intersecting,
embracing, and surrounding the vast possessions and interests
of the continent, and when we see them distributing on all
hands beauty, energy and riches, still, however numerous
and wide their courses, however diversified and remote the
blessings they diffuse, we shall be able to trace them all to
one great and noble source, The People.

Such, Mr, President, are the general observations with
which I have thought it necessary to trouble you. In dis-
cussing the distinct propositions of the federal plan, I shall
have occasion to apply them more particularly to that subject;
but at present I shall conclude with requesting the pardon
of the convention for having so long intruded upon their
patience.

When Mr. Wilson had concluded,* Mr. Smilie rose and
entered into a severe animadversion upon the nature of the
motion offered by Mr. M'Kean, which however, he observed,
was consistent with the system of precipitancy that had uni-
formly prevailed in respect to the important subject before
the Convention. He observed that we were repeatedly told
of the peculiar advantages which we enjoy in being able de-
liberately and peaceably to decide upon a government for
ourselves and our posterity, but we find every measure that
is proposed leads to defeat those advantages, and to preclude
all argument and deliberation, in a case confessedly of the
highest consequence to the happiness of a great portion of the
globe. What, continued he, can be the object of the motion ?
Is it to bring on a hasty and total adoption of the constitu-
tion? lyCt it be remembered that the Federal Convention

*From the Pennsylvania Herald, Nov. 28, 1787.

232 The Debate in the Conventioji,

consumed four months in framing it, and shall we not employ
a few days in deciding upon it? If it is that noble, that
perfect system, we have been told it is, why interfere with the
fullest investigation of its principles, since, in that case, the
better they are understood, the more they will be approved.
The most common business of a legislative body is treated
with greater delicacy, being submitted to repeated discussion,
upon different days, and are we on a point of such magnitude
to determine without information, to agree in toto to so com-
plicated a system, before we have weighed and examined its
constituent parts? No, Sir, it is our duty to go coolly and
circumstantially into the consideration of this business, and
by comparing it, at least, with the circumstances and exigen-
cies of our country, ask with firmness, is such a sacrifice of
civil liberty necessary to the national honor and happiness
of America? For my part, I think otherwise, though at the
same time I am sensible of the expediency of giving addi-
tional strength and energy to the Federal head. But we are
not so situated as to be obliged to accept any terms; and if
this plan is such as we ought no to accept, I hope this con-
vention will have candour and fortitude enough to reject it.

Mr. M'Kean followed Mr. Smilie, and remarked that the
object of his motion was declared when it was proposed: it
was not to preclude, but promote a free and ample discussion
of the federal plan. But as to the precedents which are
pointed out from the legislature of Pennsylvania to guide our
proceedings, if they were always right, which I do not think
they are, still no parallel can be drawn between the nature
of their business and ours, consequently their rules cannot
apply. We do not come here to legislate; we have no right
to inquire into the power of the late convention, or to alter
and amend their work; the sole question before us is, whether
we will ratify and confirm, or, upon due consideration, reject
in the whole, the system of federal government that is sub-
mitted to us. But because this is the only question which
we can decide, does it follow that we are not minutely to in-
vestigate its principles in every section and sentence? No,
Sir; that will be our duty before we conclusively say whether

The Debate in the Convention. 233

we will ratify or reject; but precedents in point of proceed-
ing cannot be drawn from any part of the world, for we are
the first people who have ever peaceably assembled upon so
great and interesting an occasion.

Mr. Whitehill stated that, in his opinion, the object of the
motion had been misunderstood by the member from Fayette,
which was undoubtedly intended to bring the subject fairly
before the convention. Indeed, I cannot perceive how we
can decide upon the whole without having first considered
every part, and in order to do that with convenience and
effect, I presume a motion to go into a committee of the
whole convention, which I mean to propose, will be adopted.
Notwithstanding the arrangements, there may be reasonable
objections urged against the proposed plan, and if it is found
that it conveys to the federal government rights and liberties
which the people ought never to surrender, I hope no specu-
lative argument will seduce us into a confirmation, which
binds ourselves and our posterity forever.

The convention then adjourned to meet on Monday after-
noon at 3 o'clock.

[The following comments on Mr. Wilson's speech appeared
in the Pennsylvania Packet of Nov. 27th.]

Mr. Wilson attracted the attention of the house by a speech
which the celebrated Roman orator would not have blushed
to own. He began by pointing out the difficulties that the
late convention had to encounter; the diversity of opinion,
interest and prejudice they had to combat. He sketched the
different forms of ancient and modern republics, and showed
how imperfect models they were for our imitation; he proved
to demonstration that there was not among them one con-
federated republic. He mentioned these difficulties (he said)
not to make a parade of the merits of the convention in sur-
mounting them, but to show how visionary — how idle it is to
expect that under them a government could be framed unex-
ceptionable in all its parts to each individual of so extensive
an empire. He forcibly contrasted the imbecility of our
present confederation with the energy which must result from

234 The Debate in the Convention.

the proffered constitution. After defining (with an accuracy
which marked his acquaintance with governmental histor}')
the different kinds of government, and pointing out their re-
spective advantages and wants, he concluded a speech which
had justly won the admiration of his audience, by saying
that the late convention had in view, and he hoped had in
some measure executed, a constitution whose energy would
pervade the union and restore credit and happiness to a dis-
tracted empire.

Afonday^ Noveinber 26th.

The convention* met agreeably to adjournment.

It was moved by Mr. M'Kean, seconded by Mr. Chambers,
that the convention do now proceed to consider the proposed
constitution by articles.

This motion occasioned a long and desultory debate, in
which it was contended, on the one hand, that the restraints
of proceeding in convention, under fixed rules, precluding
any member from speaking oftener than twice on the same
question, and the advantages of reconsideration afforded by
going into a committee of the whole, would be sufiicient rea-
sons for dissenting from the proposed motion.

On the other side, the expense and delay of going twice
over the same ground was insisted on ; and in order to obviate
the difficulty arising from the rule of debate, it was proposed
to rescind that, and leave it in the power of each member to
speak as often as he pleased.

The rule was accordingly rescinded, and the question be-
ing taken on a motion made by Mr. Whiteh-ill, for postpo-
ning the resolution proposed by Mr. M'Kean, in order to in-
troduce a motion for going into a committee of the whole, was
lost, there being 43 against it, and 24 in favor of it.

While the convention were debating! on the propriety of
referring the constitution to a committee of the whole, Mr.
Wilson made the following observation: "Shall we, Sir,

*From the Pennsylvania Herald, Nov. 28, 17S7. Same in Independent
Gazetteer, Nov. 29.

tFrom Independent Gazetteer, Nov 29, 1787.

The Debate in the Convention. 235

while we contemplate a great and magnificent edifice, con-
descend like a fly, with its microscopic eye, to scrutinize tlK:.-
imperfections of a single brick?" Mr. Findley, retorting the
metaphor, said "Shall we not. Sir, when we are about to
erect a large and expensive fabric (for as far as it respects us,
we are about to erect this mighty fabric of government in
Pennsylvania) examine and compare the materials of which
we mean to compose it, fitting and combining the parts with
each other, and rejecting every thing that is useless and rot-
ten?" "That," concluded Dr. Rush, " is not our situation.
We are not, at this time, called upon to raise the structure.
The house is already built for us, and we are only asked,
whether we choose to occupy it ? If we find its apartments
commodious, and, upon the whole, that it is well calculated
to shelter us from the inclemencies of the storm that threatens,
we shall act prudently in entering it ; if otherwise, all that is
required of us is to return the key to those who have built
and offered it for our use."

It was observed in the convention, that the Federal con-
vention had exceeded the powers given to them by the seve-
ral legislatures ; but Mr. Wilson observed, that however for-
eign the question was to the present business, he would place
it in its proper light. The Federal convention did not act at
all upon the powers given to them by the States, but they
proceeded upon original principles, and having framed a con-
stitution which they thought would promote the happiness
of their country, they have submitted it to their consideration,
who may either adopt or reject it, as they please.

Yesterday afternoon, * in the convention of this State, it was
moved by Mr. M'Kean, seconded by Mr. Chambers, that this
convention do now proceed to consider the proposed constitu-
tion by articles.

After some debate it was moved by Mr. R. Whitehill,
seconded by Mr. Lincoln, that the aforesaid motion be post-
poned in order to introduce the following, viz. — That this
convention resolve itself into a committee of the whole, for

*The following account is from the Pennsylvania Packet, Nov. 27, 1787.

3^6 The Debate in the Co7ivention.

the purpose of investigating and considering the aforesaid
constitution by articles and sections, and to make report
thereon.

A debate of considerable length now took place, which
turned principally on the expediency of resolving the conven-
tion into a committee of the whole. In favor of this measure
it was urged, that it would subject the constitution to a more
free and candid discussion — that it would allow more time
for the members to make up their minds — and that it would
be more consonant to the practice of the Legislature of Penn-
sylvania. Against the motion was urged that by going into
a committee of the whole, no minutes could be taken of the
proceedings, and that the people at large would thereby be
kept in ignorance of them — that as full liberty was given to
each to speak as often as he pleased, there would be the same
time given for deliberation in convention as in the committee
— that the practice of the Assembly of Pennsylvania was no
precedent for the convention — that this was a body without a
precedent in the history of mankind — and that as the whole
constitution was a single proposition, and that proposition
alone before the convention, it was unnecessary to go into a
committee, especially as no question could be taken upon any
part of the constitution, nor any additions made to it, agree-
ably to the recommendation of the Assembly under which
the convention sat; although objections to every part of it
might be made before the question of ratification was pro-
posed.

The question being at length put, Mr. Whitehill's motion
for postponement was lost, the yeas and nays being as follows:

YEAS. YEAS.

John Whitehill, Abraham Lincoln,

John Harris, John Bishop,

John Reynolds, Joseph Hiester,

Robert Whitehill, James Martin,

Jonathan Hoge, Joseph Powell,

Nicholas Lutz, William Findley,

John Ivudwig, John Baird,

The Debate in the Convention.

m

John Smilie,

Richard Bard,

William Brown,

Adam Orth,

John Andre Hannah.— 24.

NAYS.

Sebastain Graff,

John Hubley,

Jasper Yeates,

Henry Slagle,

Thomas Campbell,

Thomas Hartley,

David Grier,

John Black,

Benjamin Pedan,

John Arndt,

Stephen Balliet,

Joseph Horsfield,

David Deshler,

William Wilson,

John Boyd,

John Neville,

John Allison,

Jonathan Roberts,

John Richards,

F. A. Muhlenberg,

James Morris,

Timothy Pickering.— 44.

The question on Mr. M'Kean's motion was then put, and
the motion adopted.

The speakers in favor of the motion for a committee were
Mr Findley, Mr. Smilie and Mr. Whitehill. The speakers
against it were Mr. M'Kean, Mr. Wilson, Dr. Rush and Mr.

Chambers.

Tuesday^ November 2y.

The convention* being met pursuant to adjournment, Mr.

*Froin the Pennsylvania Herald, Dec. ist, 1787.

William Todd,
James Marshall,
James Edgar,
Thomas Scott,
Nathaniel Breading,

NAYS.

George Latimer,
Benjamin Rush,
Hilary Baker,
James Wilson,
Thomas M'Kean,
William Macpherson,
John Hunn,
George Gray,
Samuel Ashmead,
Enoch Edwards,
Henry Wynkoop,
John Barclay,
Thomas Yardley,
Abraham Stout,
Thomas Bull,
Anthony Wayne,
William Gibbons,
Richard Downing,
Thomas Cheyney,
John Hannum,
Stephen Chambers,
Robert Coleman,

,238 The Debate in the Conve^ition.

M'Kean moved that they should proceed to the consideration
of the first article of the proposed constitution.

The convention chose Messrs. Hall and Sellers and Mr.
Steiner the printers of their journals — 3,000 copies to be in
English, and 2,000 in German.

Mr. Whitehill offered a resolution, declaring that "upon
all questions where the yeas and nays were called, any mem-
ber might insert the reason of his vote upon the journals of
the convention."

Mr. Hartley. Sir, before the question on this motion is
decided, I should wish to understand how far it extends, and
whether, contrary to what I have thought was the sense of
the convention, more than one question will be taken upon
the proposed constitution? If the questions are to be multi-
plied, and protests are to be admitted on each, I shall cer-
tainly object to the source of embarrassment, delay and ex-
pense which this motion will open. But if we are limited to
the comprehensive question, will you ratify or reject the plan?
then I think it may be reasonable to allow every man that
pleases, to justify his assent or dissent by the motives upon
which it may be founded,

Mr. M'Kean. When we were choosing our printers a few
minutes ago, Mr. President, I did not think it a matter of so
much importance as the adoption of the motion before us
would render it; for, if every member whenever he pleases
shall be at liberty to load our journals with long and labored
arguments, it will be a profitable business indeed for those
gentlemen that are appointed to publish them. There can,
sir, but one question arise in the discussion of the plan that is
submitted to us, which is simply whether we will ratify or
reject it; and if the motion were narrowed to that point, I
should have no objection to give it my approbation. But on
its present ground we would expose ourselves to a scene of
altercation highly unbecoming the character and dignity of
this body.

Mr. Whitehill. I hope, Sir, the measure I have proposed,
will upon consideration meet with the favor of the conven-
tion, since the arguments by which it is opposed arise chiefly

The Debate in the Convention. 239

from a presumption that the liberty it affords will be abused.
This, Mr. President, ought not to be presumed, but rather
that every member entertains so just a sense of his duty to
himself and to this honorable convention, as to forbear every
thing, in language or in argument, which will be unbecoming
a place in your journals. In truth, Sir, unless we are allowed
to insert our reasons, the yeas and nays will be a barren docu-
ment, from which the public can derive no information, and
the minority no justification for their conduct. On the other
hand, if we are allowed to state the foundation of our votes,
the merits of the constitution may be proved by the argu-
ments of its advocates, and those who do not consider it to be
an immaculate, or even salutary system, will have an oppor-
tunity to point out the defects from which their opposition
originates. I think. Sir, the public have a right in so impor-
tant a transaction to know the principles upon which their
delegates proceed; and it is the just right of every man who
is bound by his vote to be permitted to explain it. I cannot
therefore withdraw or reduce the object of my motion.

Mr. Hartley. Then, Sir, if I comprehend the sense of the
convention: we are limited to the one great question which
shall decide the fate of the constitution; and upon that I
agree in the propriety of permitting a protest. Let the oppo-
nents of the new system state their reasons fully and fairly;
it will be the duty of its advocates to refute them upon the
same terms, and the record of the whole will be preserved
for the information of our constituents. This seems indeed
to open a door for the renewal of all the arguments which
have been previously advanced, but it will answer the same
purpose as if protests were entered on each distinct proposi-
tion.

Mr. Whitehill. We are now, Mr. President, in the full
enjoyment of the powers of the mind, and I hope we shall
adopt no measure that will tend to curtail the exercise of our
faculties. Upon every question that arises, it is in the power
of any member to call the yeas and nays, and whenever a
vote is registered in that permanent form, it is of no conse-
quence whether it is in the intermediate or coiiclusive stages

240 77/*? Debate in the Convention.

of the business, we ought to be permitted to promulge the
reasons which have influenced our decisions. Every argu-
ment (and gentlemen seem to have conceded the propriety
in one case) that will apply to entitle us to protest on the last
question, will entitle us to that privilege on any preceding
one: for I consider it rather as a right than an indulgence.
But, Mr. President, it is said that we can only have one
question in the business before us. If this is true, I see no
cause to proceed further. It will be a great public saving to
recur to that question at once, and we shall by such means
escape the absurdity of arguing upon distinct propositions
without determining anything with respect to them. Sir,
there is no reason to suppose an improper use will be made
of this necessary privilege. It is intended as the means of
justifying to the people the conduct of those with whom they
have entrusted their dearest interests, and if in the manner
or the substance it is deficient or improper, the people will
pronounce its condemnation. Let them therefore judge; but
since we are answerable to them, let us not suppress the
means of justification.

Doctor Rush. I shall certainly. Sir, object to any protest,
but upon the great question, and even there it is hardly in my
opinion proper or necessary. Those, Mr. President, who are
in favor of the constitution, will be as anxious to vindicate
their opinions as those who are against it; hence, whatever
is advanced on one side, will draw on a reply upon the other,
till the whole debates of the convention are intruded upon
the journals. The expense and procrastination of this trans-
action would be intolerable. But, Sir, the proceedings of the
convention are stamped with authenticity, and it v/ould be
dangerous to suffer protests to be inserted in them, which
might contain insinuations not founded, and consequently
produce here what has disgraced the legislature of Pennsyl-
vania, a majority defending themselves from the assertions
and misrepresentations of a minority. We know, Sir, of what
nature the protests will be, and if they bear the complexion
of the publications that have lately teemed from the press, I
am sure they would not be honorable to this body. The

The Debate in the Convention. 241

proceedings of the convention cannot be compared in this re-
spect to the proceedings of the legislature, where protests
may lay the foundation of a future revision or repeal of the
law to which they object by laying the necessary information
before the people; but we can have no view either to a revi-
sion or a repeal, and therefore protests can only serve to dis-
tract and perplex the state. If, Sir, the proposed plan
should be adopted by this convention, it will be the duty of
every man, particularly those who have opposed it, on the
fundamental principles of society, to promote its interests
among the people. But if, contrary to my opinion of what
is their duty, the minority should persevere in their opposi-
tion, I hope they will be left to publish in their own way,
without our authority, the motives of their conduct, and let
them enjoy all the advantages they may derive from the effects
of that publication,

Mr. M'Kean. I shall be satisfied, Mr. President, if the
object of the motion is confined to the final question; and,
indeed, I do not perceive to what other motions it can ex-
tend. But it is said no harm will proceed from its adoption
agreeably to its present general terms. Sir, all laws are made
to prevent evil, upon a supposition that it may occur, and in
the instance before us I do not only think it probable, but I
have no doubt it will occur. We are again told of the con-
duct of the general assembly of Pennsylvania, which some
gentlemen seem to imagine is an unanswerable argument
upon every topic. But even there the practice of protesting
has only been introduced since the revolution, nor was it be-
fore known in any province of America, or in any govern-
ment in the world. Some compliment has on a former occa-
sion been paid to my legal knowledge, with an intention
however to depreciate my knowledge of parliamentary pro-
ceedings. But the truth is. Sir, that those proceedings have,
both before and since the revolution, formed a great object
of my studies, and it has been my lot to have been engaged
likewise con-siderably i-n the practice. I therefore repeat,
confidently, that no precedent of protesting is to be found
anywhere but in Pennsylvania. The lords in England, in-
16

242 The Debate in the Convention.

deed, enjoy, and frequently exercise the privilege; but the
reason is, that they are not a representative body, nor ac-
countable to any power for their legislative conduct but God
and their consciences, and therefore from a desire to preserve
their fame and honor free from suspicion and reproach, they
lender this voluntary account of their actions to the world.
The same motive, however, does not prevail with a represen-
tative body the members of which are, from time to time,
responsible to their constituents, and may be elected or re-
moved from their trust according to the proof of their fidelity
and industry in discharging it. I have seen, sir, language
by such means intruded upon the journals of the legislature
of Pennsylvania, which would have disgraced a private club
at a tavern. But in the British house of lords, the language
of the protest is under the control of the house, and it is not
uncommon to erase sentences and paragraphs, and even whole
protests, from their records. But, Mr. President, there cannot
be any necessity for introducing the practice here, unless in-
deed to indulge the vanity of some gentlemen who wish to
turn authors at the public expense, to write discourses upon
government, and to give them a value and consequence by
incorporating them wuth your proceedings, to which they are
not intrinsically entitled. I therefore move, sir, that the
motion before you be amended, so as to restrict the right of
protesting to the last great question, to adopt or reject the
proposed plan.

This motion was seconded by Mr. Chambers.

Mr. Wilson*. I am equally opposed, Mr. President, to the
amendment and to the original motion. I do not wish, how-
ever, in any degree to suppress what may be spoken or done
in this convention. On the contrary, I wish our proceedings
may be fully known and perfectly understood by our constit-
uents; and, to extend the scale, by all our fellow citizens of
the United States. But we ought to pause and consider well
before we communicate all this information at the public ex-
pense, for as the motion has been opened and explained,
under the influence of that rule, our minutes may be increased
* From the Pennsylvania Herald, Dec. 5th, 17S7.

The Debate in the Convention. 243

to an immense volume, and yet we have just determined that
3,000 copies of them shall be printed. I certainly, sir, (as
well as every other member) will have a right to enter my
sentiments and arguments in the manner most satisfactory to
myself, and therefore, not only what I may hereafter say, but
what I have already said, in order to preserve connection and
system in the reasoning, must be admitted. The press is un-
doubtedly free, but is it necessary to that freedom that every
man's tenets on government should be printed at the public
cost ? Sir, we are here as upon many other occasions, re-
ferred to the constitution of Pennsylvania; but the privilege
indulged in this respect, is, in my opinion, one of its excep-
tional parts, and the instances of its abuse alluded to by my
honorable colleague, must excite the indignation ot every
friend to propriety and decency. Look at the journals of the
legislature of Pennsylvania, and you will find altercations
there which are adapted to the meridian of Billingsgate. In
short, sir, the idea of a protest is not to be found in any other
representative body, not even in that of the British house of
commons; and if we must seek a lesson from other constitu-
tions, we might, with great propriety, advert to the one be-
fore us, by which one-fifth of the members are enabled to call
for the yeas and nays, but in no case is it permitted to record
the reasons of a vote. Shall we then employ the whole win-
ter in carrying on a paper war, at the expense of the state, in
spreading clamor and dissension not only among our own
citizens, but throughout the United States? My voice, Sir,
never shall concur in rendering this room the centre from
which so many streams of bitterness shall flow. Let the op-
ponents of the proposed plan write as much as they please,
let them print when they will, but I trust we shall not agree
to indulge them at the expense of those who have sent us
hither for a very different purpose.

Mr. Smilie. It appears, Mr. President, that on this ques-
tion the gentlemen are divided among themselves.

Mr. M'Keau. No, Sir, there shall be no division. T
thought the measure totally improper, and only proposed
the amendment in compliment to the members who urged

244 '^^^^ Debate in the Co7iveniion.

the general motion. I now withdraw my amendment, and
leave the question upon its original ground.

Mr. Smilie. I am sorry, Sir, that the honorable member
should so suddenly have retracted his amendment, for it
was more satisfactory to me than the original motion, which
I wish still to be narrowed down to the final question,
as, indeed, I do not perceive how it can operate on any other
subject, and it will then answer every purpose to which it
can be applied, without leaving room for the objection on ac-
count of the extraordinary expense. It will, indeed, appear ex-
ceedingl)' strange upon this important subject, that we should
be denied an opportunity of declaring the reasons that influ-
ence our votes — while we are responsible, it is our duty, and
while we are bound, it is our right. Nor is it liberal or reason-
able to presume that any harm can ensire from this privilege;
for the apprehensions which are expressed, lest faction and
clamor should be excited among the people, are highly unbe-
coming the citizens of a free government. An excellent
author has observed, that slavery succeeds sleep, and the
moment parties and political contentions subside among the'
people, from that moment liberty is at an end. I admit, Sir,
that if the ferment rises to an extreme it is an evil ; but as it
originates from a blessing, those who wish to preserve their
freedom must bear with its inconveniences. But what is the
evil so much dreaded? We are told that protests in past
times have been a dishonor and a discredit; but to whom
have they been such? Certainly to those who wrote them;
and so, if anything unworthy should appear in the protests
upon your journals, the authors alone will be liable to the
infamy and odium of their productions. But let us suppose,
on the other hand, what I believe to be the real ground of
opposition, that the protest should produce a change in the
minds of the people, and incline them to new measures, is
this an event proper either to be evaded or suppressed? I
take it. Sir, that even after this convention shall have agreed
to ratify the proposed plan, if the people on better informa-
tion, and maturer deliberation, should think it a bad and im-
proper form of government, they will still have a right to as-

The Debate in the Convention. 245

semble another body, to consult upon other measures, and
either in the whole, or in part, to abrogate this Federal work
so ratified. If this is true, and that it is true a worthy mem-
ber of the late convention admits, when he says the people
have at all times a power to alter and abolish government,
what cause is there to fear the operation of a protest ? The
reasons may easily be given in public newspapers, which
circulate more widely and more expedtiously than our jour-
nals, and from whatever source the information is derived, as
the people have the power, they may, and I believe they will
exercise it, notwithstanding the determination of this body.
The allusion to the conduct of the British commons will not
apply, for they are in no instance called upon to enter their
yeas and nays; and after all, it appears to me to be congenial
with the spirit of a free government, and if the one before us
is free, it will be congenial with the principles of the pro-
posed constitution, that where men are bound by a solemn
and recorded vote, their reasons should accompany their as-
sent or dissent, and be together transmitted to posterity.

Mr. Wilson. It is one reason of my opposition to this
measure, that its objects can be effected in another manner
than by inserting them in our journals, and therefore there is
no pretense to load the public with an expense for diffusing
what is called necessary information, but which in my opin-
ion will terminate in the acrimony of party. But, Sir, if there
were no other cause of objection — if the thing were proper in
itself — the enormous expense that it would occasion would
be a conclusive ground for rejecting it. It is asked, however,
what is there to fear? Sir, I repeat, that I have not the least
dread at the most public and most general promulgation of
what is done and spoken here. We know that the same
things may as effectually, and perhaps more expeditiously, be
disseminated through other channels, but let them not in
their course either involve the public in expense, nor derive
from our countenance a stamp of authenticity.

Mr. Whitehill. I do not think, Mr. President, that if there
is any use in the proposed measure, the expense can be a suf-
ficient reason to defeat it. The people ought to be informed

246 The Debate in the Convention.

of the principles upon wliicli we have acted, and they ought
to know in the clearest manner, what is the nature and ten-
dency of the government with which we have bound them.
The friends to the constitution will be pleased to receive ar-
guments in favor of their opinions; those against it will be
pleased to show to the world that their opposition does not
arise merely from caprice, and the people at large will ac-
knowledge with thanks the resulting information upon a sub-
ject so important to themselves and their latest posterity.
But it is said that there are other means for accomplishing
the same end, and that the press is open to those who chose
to use it. This surely does not meet the object of the motion.
A public paper is of a transient and perishable nature, but
the journals of this house will be a permanent record for pos-
terity, and if ever it becomes a question upon what grounds
we have acted, each man will have his vote justified by the
same instrument that records it. But this comparative view
cannot take place through the medium of a common news-
paper. As, however, it seems the general disposition, I am
willing to reduce the motion to the last question, and this, at
least, I hope will be acceded to. The expense cannot be so
great as it is apprehended, and I really consider it essential
to the discharge of the commission with which we are en-
trusted.

Mr, Hartley. On consideration, I do not think it necessary,
Sir, to determine upon the motion at this time. It has been
said on one hand, that there is no precedent but in the Brit-
ish house of lords, and in the legislature of Pennsylvania, for
the practice of protesting; and on the other hand, it is insisted
upon from the example of Pennsylvania and the important
nature of the subject in discussion. But, Sir, it is certain that
much misinformation and misrepresentation have at all times
proceeded from public bodies. At present, therefore, I wish
the question to be waived; otherwise, I shall vote against it,
although at a future period, when the reasons are produced, I
may be disposed to concur.

Mr. Whitehill. The gentleman's idea of a postponement
amounts to this: If we like your reasons when we see them,

their opinions on
. wowerto j>rotest, '> ' ' ......

.e think you ougfhi. ■ on the '

•JO! ; Liiea when we narrow oiu iC.^j -l. to that poi ., ^ .
.t is refused. Prcceueut, sir, cannot be adduced on tl-

occasioi
the hi-:

■.lar situatii
w'orld, nor ■

n never iiad

nirred bef;";:'*e n^
ViY l)oUy c-f 111*:!

interesting a

^h-

importance
beyond "any forme;

, ..c. As it is probabi:

^eted in a different and more proper point c.
ivor of the postponement. In the interim Ui-.. ■
■jf expressing thoir disapprobation of this system .
the opposition. It has already been tried : and I can-
■ T l^cnt that discord and discontent should be propagated
^■' • . :■ the state at the public ex'pense, particularly
ii-;ci t;:.ation may be given in anotlier manner

Mr. Wilson. ' Sir, I am against the pc;
r.,asons — first, because I would not inJulji;'
is not intended to gratify, and secondly, becan.'se I shouM
^vish as soon as possible to know the fate of the present
r lion, that every member may be prepared with his reasons

it should be adopted . : V ' - ^ ■ ^- - ''

> '' se of the business.

^les of infonnatu;!! to be piup^igu^cd by tiie pruj.^
■ I thouc:-ht ^his question had already been ans\'- >.
was said that the public ought n'..
raordinary an expense, tn trutli,
- papers wi 11 an s wer every proper purpose ; au ■■
■ .. d they are of a transient nature, yet if tl^'^ v
, ■ d they will even in that mode be preserve
are bad, I hope we shall not agree to perpetuate
cost what oueht to be consigned imroediatelv ;

248 TJic Debate in the Convention.

minority, dissatisfied with the event of this important busi-
ness, will first wish to file their reasons, and it would be im-
proper and unjust to deny them the necessary time to digest
and arrange them in the best manner. These reasons cannot
be answered till they appear, and though they may not pos-
sess real merit, they may be plausible and specious, therefore
some time will be necessarily given to the majority for fram-
ing a replication; and so on through an endless succession of
assertion and reply. For my part, I shall certainly expect to
be allowed a sufficient time to state my reasons, not only
those I have already delivered, but likewise those I may here-
after, in the most accurate manner I can; but, as I am perhaps
more accustomed to composition than other gentlemen, I
shall not ask for that purpose more than two or three months.
Shall we then. Sir, indulge this procrastinating plan at the
expense of two or three hundred dollars a day, which is the
daily expense of this meeting? I hope we shall have a
greater regard for the interests of our constituents.

Mr. Whitehill and Mr. Smilie repeated some of the former
arguments, and concluded with observing that if the motion
was negatived, their constituents would at least observe that
they were anxious to show the grounds of their conduct,
which they were refused the opportunity of doing.

On taking the question there appeared a very great majority
against the motion.

Mr. M'Kean then rose and recommended candor and for-
bearance in the investigation of this important subject. He
stated that a difference of opinion was natural to the human
mind, and was not only to be found in politics, but in religion.
He then traced this difference through the various sects of
the Christian faith, and concluded by expressing his appro-
bation of a legislature constituted by two branches.

The convention adjourned to meet to-morrow at half past
nine o'clock.

Wednesday^ Novetnber 28.

The* convention met pursuant to adjournment.

Mr. Wilson. Mr. President, I shall now beg leave to

*From the Pennsylvania Herald, Dec. 8th, 1787.

The Debate in the Co7iventioii. 249

trouble you with a few observations upon the preamble to
the proposed constitution. In delivering my sentiments on
a former day, I had occasion to show that the supreme power
of government was the inalienable and inherent right of the
people, and the system before us opens with a practical dec-
laration of that principle. Here, Sir, it is expressly an-
nounced: "We, the people of the United States, do ordain,
constitute, and establish. ' ' And those who can ordain and es-
tablish, may certainly repeal or annul the work of government,
which in the hands of the people, is like clay in the hands
of the potter, and may be moulded into any shape they please.
This single sentence in the preamble is tantamount to a vol-
ume, and contains the essence of all the bills of rights that
have been or can be devised ; for it establishes at once, that
in the great article of government, the people have a right to
do what they please. It is with pride, Mr. President, I re-
mark the difference between the terms of this constitution,
and the British declaration of rights, or even their boasted
Magna Charta. For, Sir, from what source does Magna
Charta derive the liberties of the people? The very words
of that celebrated instrument declare them to be the gift or
grant of the king; and under the influence of that doctrine,
no wonder the people should then and at subsequent periods
wish to obtain some evidence of their formal liberties by the
concessions of petitions and bills of right. But here. Sir,
the fee simple of freedom and government is declared to be
in the people, and it is an inheritance with which they will
not part.

Mr. Smilie. I expected, Mr. President, that the honorable
gentleman would have proceeded to a full and explicit inves-
tigation of the proposed system, and that he would have made
some attempts to prove that it was calculated to promote the
happiness, power and general interests of the United States.
I am sorry that I have been mistaken in this expectation, for
surely the gentleman's talents and opportunities would have
enabled him to furnish considerable information upon this
important subject; but I shall proceed to make a few remarks
upon those words in the preamble of this plan, which he has

250 Jlic Debate in the Conventiojt.

considered of so super-excellent a quality. Compare them,
Sir, with the language used in forming the state constitution,
and however superior they may be to the terms of the great
charter of England; still, in common candor, they must yield
to the more sterling expressions employed in this act. Let
these speak for themselves:

"That all men are born equally free and independent, and
have certain natural, inherent and unalienable rights, among
which are the enjoying and defending life and liberty, acquir-
ing possessing and protecting property, and pursuing and ob-
taining happiness and safety.

"That the people of this state have the sole, exclusive and
inherent right of governing and regulating the internal police
of the same.

"That all power being originally inherent in, and conse-
quently derived from the people; therefore all officers of gov-
ernment, whether legislative or executive, are their trustees
and servants, and at all times accountable to them.

"That government is, or ought to be, instituted for the
common benefit, protection and security of the people, nation
or community; and not for the particular emolument or ad-
vantage of any single man, family, or set of men, who are a
part only of that community. And that the community hath
an indubitable, unalienable, and indefeasible right to reform,
alter or abolish government in such manner as shall be by
that community judged most conducive to the public weal."

But the gentleman takes pride in the superiority of this
short preamble when compared with Magna Charta — why, sir,
I hope the rights of men are better understood at this day
than at the framing of that deed, and we must be convinced
that civil liberty is capable of still greater improvement and
extension, than is known even in its present cultivated state.
True, sir, the supreme authority naturally rests in the people,
but does it follow, that therefore a declaration of rights would
be superfluous? Because the people have a right to alter and
abolish government, can it therefore be inferred that every
step taken to secure that right would be superfluous and
nugatory? The truth is, that unless some criterion is estab-

The Debate in the Convention. 251

lished by which it could be easily and constitutionally ascer-
tained how far our governors may proceed, and by which it
might appear when they transgress their jurisdiction, this
idea of altering and abolishing government is a mere sound
without substance. Let us recur to the memorable declara-
tion of the 4th of July, 1776. Here it is said :

"When in the course of human events, it becomes neces-
sary for one people to dissolve the political bands which have
connected them with another, and to assume among the
powers of the earth the separate and equal station to which
the laws of nature's God entitle them, a decent respect to the
opinions of mankind requires that they should declare the
causes which impel them to the separation.

"We hold these truths to be self-evident; that all men are
created equal ; that they are endowed by their Creator with
certain unalienable rights; that among these are life, liberty,
and the pursuit of happiness. That to secure these rights,
governments are instituted among men, deriving their just
powers from the consent of the governed; that when any form
of government becomes destructive of these ends, it is the
right of the people to alter or to abolish it, and to institute a
new government, laying its foundation on such principles,
and organizing its powers in such form, as to them shall
seem most likely to effect their safety and happiness."

Now, Sir, if in the proposed plan, the gentleman can show
any similar security for the civil rights of the people, I shall
certainly be relieved from a weight of objection to its adop-
tion, and I sincerely hope, that as he has gone so far, he will
proceed to communicate some of the reasons (and undoubtedly
they must have been powerful ones) which induced the late
federal convention to omit a bill of rights, so essential in the
opinion of many citizens to a perfect form of government.

Mr. M'Kean. — I conceived, Mr. President, that we were at
this time to confine our reasoning to the first article, which
relates to the legislative power composed of two branches, and
the partial negative of the President. Gentlemen, however,
have taken a more extensive field, and have employed them-
selves in animadverting upon what has been omitted, and

252 The Debate in the Cojiventi07i.

not upon what is contained in the proposed system. It is
asked, Sir, why a bill of rights is not annexed to the consti-
tution? The origin of bills of rights has been referred to,
and we find that in England they proceed upon the principle
that the supreme power is lodged in the king and not in the
people, so that their liberties are not claimed as an inherent
right, but as a grant from the sovereign. The great charter
rests on that footing, and has been renewed and broken above
30 times. Then we find the petition of rights in the reign
of Charles I., and lastly, the declaration of rights on the ac-
cession of the Prince of Orange to the British throne. The
truth is. Sir, that bills of rights are instruments of modern
invention, unknown among the ancients, and unpractised
but by the British nation, and the governments descended
from them. For though it is said that Poland has a bill of
rights, it must be remembered that the people have no par-
ticipation in that government. Of the constitutions of the
United States, there are but five out of the thirteen which
have bills of rights. In short, though it can do no harm, I
believe, yet it is an unnecessary instrument, for in fact the
whole plan of government is nothing more than a bill of
rights — a declaration of the people in what manner they
choose to be governed. If, Sir, the people should at any time
desire to alter and abolish their government, I agree with
my honorable colleague that it is in their power to do so,
and I am happy to observe, that the constitution before us
provides a regular mode for that event. At present my chief
object is to call upon those who deem a bill of rights so essen-
tial, to inform us if there are any other precedents than
those I have alluded to, and if there is not, the sense of
mankind and of nations will operate against the alleged ne-
cessity.

Mr. Wilson. * Mr. President, we are repeatedly called upon
to give some reason why a bill of rights has not been annexed
to the proposed plan. I not only think that enquiry is at this
time unnecessary and out of order, but I expect, at least, that
those who desire us to show why it was omitted, will furnish

*From tlie Penusylvauia Herald, Dec. 12th, 1787.

The Debate in the Convention. 253

some arguments to show that it ought to have been inserted;
for the proof of the affirmative naturally falls upon them.
But the truth is, Sir, that this circumstance, which has since
occasioned so much clamor and debate, never struck the mind
of any member in the late convention till, I believe, within
three days of the dissolution of that body, and even then of
so little account was the idea that it passed off in a short con-
versation, without introducing a formal debate or assuming
the shape of a motion. For, Sir, the attempt to have thrown
into the national scale an instrument in order to evince that
any power not mentioned in the constitution was reserved,
would have been spurned at as an insult to the common un-
derstanding of mankind. In civil government it is certain
that bills of rights are unnecessary and useless, nor can I con-
ceive whence the contrary notion has arisen. Virginia has
no bill of rights, and will it be said that her constitution was
the less free ?

Mr. Smilie. I beg leave to observe, Mr. President, that
although it has not been inserted in the printed volume of
state constitution, yet I have been assured by Mr. Mason that
Virginia has a bill of rights.

Mr. Wilson. I do not rely upon the information of Mr.
Mason or of any other gentleman on a question of this kind,
but I refer to the authenticity of the volume which contains
the state constitutions, and in that Virginia has no bill of
rights. But, Sir, has South Carolina no security for her lib-
erties?— that state has no bill of rights. Are the citizens of
the eastern shore of the Delaware more secured in their free-
dom, or more enlightened on the subject of government, than
the citizens of the western shore? New Jersey has no bill of
rights. New York has none, Connecticut has none, and Rhode
Island has none. Thus, Sir, it appears from the example of
other states, as well as from principle, that a bill of rights is
neither an essential nor a necessary instrument in framing a
system of government, since liberty may exist and be as well
secured without it. But it was not only unnecessary, but on
this occasion it was found impracticable — for who will be bold
enough to undertake to enumerate all the rights of the peo-

254 The Debate in the Convention.

pie? — and when the attempt to enumerate them is made, it
must be remembered that if the enumeration is not complete,
everything not expressly mentioned will be presumed to be
purposely omitted. So it must be with a bill of rights, and
an omission in stating the powers granted to the government,
is not so dangerous as an omission in recapitulating the rights
reserved by the people. We have already seen the origin of
magna cliarta, and tracing the subject still further we find the
petition of rights claiming the liberties of the people, accord-
ing to the laws and statutes of the realm, of which the great
charter was the most material, so that here again recourse is
had to the old source from which their liberties are derived,
the grant of the king. It was not till the revolution that the
subject was placed upon a different footing, and even then the
people did not claim their liberties as an inherent right, but
as the result of an original contract between them and the
sovereign. Thus, Mr. President, an attention to the situation
of England will show that the conduct of that country in
respect to bills of rights, cannot furnish an example to the
inhabitants of the United States, who by the revolution have
regained all their natural rights, and possess their liberty
neither by grant nor contract. In short. Sir, I have said that
a bill of rights would have been improperly annexed to the
federal plan, and for this plain reason that it would imply
that whatever is not expressed was given, which is not the
principle of the proposed constitution.

Mr. Smilie. The arguments which have been urged, Mr.
President, have not, in my opinion, satisfactorily shown that
a bill of rights would have been an improper, nay, that it is
not a necessary appendage to the proposed system. As it has
been denied that Virginia possesses a bill of rights, I shall
on that subject only observe that Mr. Mason, a gentleman
certainly of great information and integrity, has assured me
that such a thing does exist, and I am persuaded I shall be
able at a future period to lay it before the convention. But,
Sir, the state of Delaware has a bill of rights, and I believe
one of the honorable members (Mr. M'Kean) who now con-
tests the necessity and propriety of that instrument, took a

The Debate in the Convention. 255

very conspicuous part in the formation of the Delaware
government. It seems, however, that the members of the
federal convention were themselves convinced, in some de-
gree, of the expediency and propriety of a bill of rights, for
we find them expressly declaring that the writ of habeas
corpus and the trial by jury in criminal cases shall not be
suspended or infringed. How does this indeed agree with
the maxim that whatever is not given is reserved? Does it
not rather appear from the reservation of these two articles
that everything else, which is not specified, is included in
the powers delegated to the government? This, Sir, must
prove the necessity of a full and explicit declaration of rights;
and when we further consider the extensive, the undefined
powers vested in the administrators of this system, when we
consider the system itself as a great political compact be-
tween the governors and the governed, a plain, strong, and
accurate criterion by which the people might at once deter-
mine when, and in what instance their rights were violated,
is a preliminary, without which, this plan ought not to be
adopted. So loosely, so inaccurately are the powers which
are enumerated in this constitution defined, that it will be
impossible, without a test of that kind, to ascertain the
limits of authority, and to declare when government has de-
generated into oppression. In that event the contest will
arise between the people and the rulers: "You have exceeded
the powers of your ofiice, you have oppressed us," will be the
language of the sufiering citizen. The answer of the govern-
ment will be short — "We have not exceeded our power; you
have no test by which you can prove it." Hence, Sir, it will
be impracticable to stop the progress of tyranny, for there
will be no check but the people, and their exertions must be
futile and uncertain; since it will be difficult, indeed, to com-
municate to them the violation that has been committed,
and their proceedings will be neither systematical nor unani-
mous. It is said, however, that the difficulty of framing a
bill of rights was insurmountable; but, Mr. President, I can-
not agree in this opinion. Our experience, and the numer-
ous precedents before us, would have furnished a very

256 77/^? Debate in the Convention.

sufficient guide. At present there is no security even for the
rights of conscience, and under the sweeping force of the
sixth article, every principle of a bill of rights, every stipula-
tion for the most sacred and invaluable privileges of man, are
left at the mercy of government.

Mr. Whitehill. I differ. Sir, from the honorable member
from the city,* as to the impropriety or necessity of a bill of
rights. If, indeed, the constitution itself so well defined the
powers of the government that no mistake could arise, and
we were well assured that our governors would always act
right, then we might be satisfied without an explicit reserva-
tion of those rights with which the people ought not, and
mean not to part. But, Sir, we know that it is the nature of
power to seek its own augmentation, and thus the loss of lib-
erty is the necessary consequence of a loose or extravagant
delegation of authority. National freedom has been, and will
be the sacrifice of ambition and power, and it is our duty to
employ the present opportunity in stipulating such restric-
tions as are best calculated to protect us from oppression and
slavery. Let us then, Mr. President, if other countries can-
not supply an adequate example, let us proceed upon our own
principles, and with the great end of government in view,
the happiness of the people, it will be strange if we err.
Government, we have been told, Sir, is yet in its infancy: we
ought not therefore to submit to the shackles of foreign
schools and opinions. In entering into the social compact,
men ought not to leave their rulers at large, but erect a per-
manent land-mark by which they may learn the extent of
their authority, and the people be able to discover the first
encroachments on their liberties. But let us attend to the
language of the system before us. ' ' We the people of the
United States," is a sentence that evidently shows the old
foundation of the union is destroyed, the principle of con-
federation excluded, and a new and unwieldy system of con-
solidated empire is set up, upon the ruins of the present com-
pact between the states. Can this be denied? No, Sir: It is
artfully indeed, but it is incontrovertibly designed to abolish

*Mr. Wilson.

The Debate in the Convention. 257

the independence and sovereignty of the states individually,
an event which cannot be the wish of any good citizen of
America, and therefore it ought to be prevented, by rejecting
the plan which is calculated to produce it. What right in-
deed have we in the manner here proposed to violate the ex-
isting confederation? It is declared, that the agreement of
nine states shall be sufficient to carry the new system into
operation, and consequently to abrogate the old one. Then,
Mr President, four of the present confederated states may not
be comprehended in the compact: shall we, Sir, force these
dissenting states into the measure? The consequences of that
attempt are evidently such as no man can either justify or
approve. But reverse the idea — would not these states have
a fair pretext to charge the rest with an unconstitutional and
unwarrantable abandoment of the nature and obligation of
the union of 1776? And having shown sufficient reason why
they could not accede to the proposed government, would
they not still be entitled to demand a performance of the orig-
ginal compact between the states ? Sir, these questions must
introduce a painful anticipation of the confusion, contest, and
a civil war, which, under such circumstances, the adoption
of the offered system must produce. It will be proper, per-
haps, to review the origin of this business. It was certainly,
Mr. President, acknowledged on all hands, that an additional
share of power for federal purposes ought to be delegated to
Congress; and with a view to enquire how far it was neces-
sary to strengthen and enlarge the jurisdiction of that body,
the late convention was appointed under the authority, and
by legislative acts of the several states. But how. Sir, did
the convention act upon this occasion? Did they pursue the
authority which was given to them? By the State of Penn-
sylvania that authority was strictly defined in the following
words:

"And the said Thomas Mifflin, Robert Morris, George
Clymer, Jared Ingersoll, Thomas Fitzsimons, James Wilson
and Governeur Morris, Esqrs., or any four of them, are
hereby constituted and appointed deputies from this state,
with powers to meet such deputies as may be appointed and
17

258 The Debate in the Convention.

authorized by the other states to assemble in the said conven-
tion at tlie city aforesaid, and to join with them in devising,
deliberating on and discussing all such alterations and further
provisions as may be necessary to render the federal constitu-
tion fully adequate to the exigencies of the union; and in re-
porting such act or acts for that purpose to the United States
in Congress assembled, as when agreed to by them, and duly
confirmed by the several states, will effectually provide for
the same. ' '

Thus, Sir, it appears that no other power was given to the
delegates from this state (and I believe the power given by the
other states was of the same nature and extent) than to in-
crease in a certain degree the strength and energy of Con-
gress; but it never was in the contemplation of any man that
they were authorized to dissolve the present union, to abrogate
the state sovereignties, and to establish one comprehensive
government, novel in its structure, and in its probable opera-
tion oppressive and despotic. Can it then be said that the late
convention did not assume powers to which they had no legal
title ? On the contrary, Sir, it is clear that they set aside the
laws under which they were appointed, and under which
alone they could derive any legitimate authority, they arro-
gantly exercised any powers that they found convenient to
their object, and in the end they have overthrown that gov-
ernment which they were called upon to amend, in order to
introduce one of their own fabrication.

True* it is, Mr. President, that if the people intended to en-
gage in one comprehensive system of continental government,
the power to frame that system must have been conferred by
them; for the legislatures of the states are sworn to preserve
the independence of their respective constitutions, and there-
fore they could not, consistently with their most sacred obli-
gations, authorize an act which sacrificed the individual to
the aggregate sovereignty of the states. But it appears from
the origin and nature of the commission under which the
late convention assembled, that a more perfect confederation
was the only object submitted to their wisdom, and not, as it

*From the Penusylvania Herald, Dec. I5tli, 1787.

The Debate in the Convention.

259

is attempted by this plan, the total destruction of the govern-
ment of Pennsylvania, and of every other state. So far, Sir,
the interference of the legislatures was proper and efficient;
but the moment the convention went beyond that object, they
ceased to act under any legitimate authority, for the assem-
blies could give them none, and it cannot be pretended that
they were called together by the people; for, till the preamble
was produced, it never was understood that the people at
large had been consulted upon the occasion, or that other-
wise than through their representatives in the several states,
they had given a sanction to the proceedings of that body.
If, indeed, the federal convention, finding that the old system
was incapable of repair, had represented the incurable defects
to Congress, and advised that the original and inherent power
of the people might be called into exercise for the institution
of a new government, then. Sir, the subject would have come
fairly into view, and we should have known upon what prin-
ciples we proceeded. At present we find a convention ap-
pointed by one authority, but acting under the arbitrary as-
sumption of another; and instead of transacting the business
which was assigned to them, behold! they have produced a
work of supererogation, after a mysterious labor of three
months. I^et us, however, Sir, attend for a moment to the
constitution. And here we shall find, in a single line, suffi-
cient matter for weeks of debate, and which it will puzzle
any one member to investigate and define. But, besides
the powers enumerated, we find in this constitution an au-
thority is given to make all laws that are necessary to carry
it effectually into operation, and what laws are necessary
is a consideration left for Congress to decide. In consti-
tuting the representative body, the interposition of the Con-
gress is likewise made conclusive; for, with the power of
regulating the place and manner of elections, it is easy to
perceive that the returns will always be so managed as to
answer their purpose. It is strange to mark, however,
what a sudden and striking revolution has taken place in
the political sentiments of America; for. Sir, in the opening
of our struggle with Great Britain, it was often insisted

26o The Debate in the Convention.

that annual parliaments were necessary to secure the liberties
of the people, and yet it is here proposed to establish a house
of representatives which shall continue for two, a senate for
six, and a president for four years! What is there in this
plan indeed, which can even assure us that the several de-
partments shall continue no longer in office? Do we not
know that an English parliament elected for three years, by
a vote of their own body, extended their existence to seven,
and with this example, Congress possessing a competent
share of power may easily be tempted to exercise it. The ad-
vantages of annual elections are not at this day to be taught,
and when every other security was withheld, I should still
have thought there was some safety in the government, had
this been left. The seats of Congress being held for so short
a period, and by a tenure so precarious as popular elections,
there could be no inducement to invade the liberties of the
people, nor time enough to accomplish the schemes of ambi-
tion and tyranny. But when the period is protracted, an
object is presented worthy of contention, and the duration of
the office affiDrds an opportunity for perpetuating the influence
by which it was originally obtained. Another power de-
signed to be vested in the new government, is the superlative
power of taxation, which may be carried to an inconceivable
excess, swallowing up every object of taxation, and conse-
quently plundering the several states of every means to sup-
port their governments, and to administer their laws. Then,
Sir, can it longer be doubted that this is a system of consoli-
dation? That government which possesses all the powers of
raising and maintaining armies, of regulating and com-
manding the militia, and of laying imposts and taxes of
every kind, must be supreme, and will (whether in twenty
or in one year, it signifies little to the event) naturally
absorb every subordinate jurisdiction. It is in vain. Sir,
to flatter ourselves that the forms of popular elections will be
the means of self-preservation, and that the officers of the pro-
posed government will uniformly act for the happiness of the
people — for why should we run a risk which we may easily
avoid ? The giving such extensive and undefined power is

The Debate in the Convention. 261

a radical wrong that cannot be justified by any subsequent
merit in the exercise; for in framing a new system, it is our
duty rather to indulge a jealousy of the human character,
than an expectation of unprecedented perfection. I^et us,
however, suppose what will be allowed to be at least possible,
that the powers of this government should be abused, and the
liberties of the people infringed; do any means of redress re-
main with the states or with the people at large, to oppose
and counteract the influence and oppression of the general
government? Secret combinations, partial insurrections,
sudden tumults may arise; but these being easily defeated
and subdued, will furnish a pretence for strengthening that
power which they were intended to overthrow. A bill of
rights, Mr. President, it has been said, would not only be un-
necessary, but it would be dangerous, and for this special
reason, that because it is not practicable to enumerate all the
rights of the people, therefore it would be hazardous to secure
such of the -rights as we can enumerate! Truly, Sir, I will
agree that a bill of rights may be a dangerous instrument,
but it is to the views and projects of the aspiring ruler, and
not the liberties of the citizen. Grant but this explicit crite-
rion, and our governors will not venture to encroach; refuse
it, and the people cannot venture to complain. From the
formal language of magna charta we are next taught to con-
sider a declaration of rights as superfluous; but, Sir, will the
situation and conduct of Great Britian furnisli a case parallel
to that of America? It surely will not be contended that we
are about to receive our liberties as a grant or concession
from any power upon earth ; so that if we learn anything from
the English charter, it is this: that the people having negli-
gently lost or submissively resigned their rights into the
hands of the crown, they were glad to recover them upon
any terms; their anxiety to secure the grant by the strong-
est evidence will be an argument to prove, at least, the
expediency of the measure, and the result of the whole is a
lesson instructing us to do by an easy precaution, what will
hereafter be an arduous and perhaps insurmountable task.
But even in Great Britain, whatever may be the courtesy of

262 The Debate in the Convention.

their expressions, the matter stands substantially on a differ-
ent footing, for we know that the divine right of kings is
there, as well as here, deemed an idle and chimerical tale.
It is true, the preamble to the great charter declares the liber-
ties enumerated in that instrument, to be the grant of the
sovereign, but the hyperbolical language of the English law
has likewise declared that "the king can do no wrong," and
yet, from time to time, the people have discovered in them-
selves the natural source of power, and the monarchs have
been made painfully responsible for their action. Will it
still be said, that the state governments would be adequate to
the task of correcting the usurpations of Congress? lyCt us
not, however, give the weight of proof to the boldness of
assertion; for, if the opposition is to succeed by force, we find
both the purse and the sword are almost exclusively trans-
ferred to the general government; and if it is to succeed by
legislative remonstrance, we shall find that expedient ren-
dered nugatory by the law of Congress, which is to be the
supreme law of the land. Thus, Mr. President, must the
powers and sovereignty of the several states be eventually
destroyed, and when, at last, it may be found expedient to
abolish that connection which, we are told essentially exists
between the federal and individual legislatures, the proposed
constitution is amply provided with the means in that clause
which assumes the authority to alter or prescribe the place
and manner of elections. I feel, Mr. President, the magni-
tude of the subject in which I am engaged, and although I
am exhausted with what I have already advanced, I am con-
scious that the investigation is infinitely far from being com-
plete. Upon the whole, therefore, I wish it to be seriously
considered, whether we have a right to leave the liberties of
the people to such future constructions and expositions as
may possibly be made upon this system ; particularly when its
advocates, even at this day, confess that it would be dangerous
to omit anything in the enumeration of a bill of rights, and ac-
cording to their principle, the reservation of the habeas corpus,
and trial by jury in criminal cases, may hereafter be construed
to be the only privileges reserved by the people. I am not anx-

The Debate in the Convention. 263

ions, Mr. President, about forms — it is the substance which I
wish to obtain; and therefore I acknowledge, if our liberties
are secured by the frame of government itself, the supplement-
ary instrument of a declaration of rights may well be dispensed
with. But, Sir, we find no security there, except in the two
instances referred to, and it will not, I hope, any longer be
alleged that no security is requisite, since those exceptions
prove a contrary sentiment to have been entertained by the
very framers of the proposed constitution. The question at
present, Sir, is, however, of a preliminary kind — does the
plan now in discussion propose a consolidation of the states?
and will a consolidated government be most likely to promote
the interests and happiness of America ? If it is satisfactorily
demonstrated, that in its principles or in its operation, the
dissolution of the state sovereignties is not a necessary conse-
quence, I shall then be willing to accompany the gentlemen
on the other side in weighing more particularly its irierits
and demerits. But my judgment, according to the informa-
tion I now possess, leads me to anticipate the annihilation of
the several state governments — an event never expected by
the people, and which would, I fervently believe, destroy the
civil liberties of America.

Mr. Wilson.* I am willing, Mr. President, to agree with
the honorable member who has just spoken, that if this
system is not calculated to secure the liberties and happiness
of the United States, it should not be adopted; but, on the
contrary, if it provides an adequate security for the general
liberties and happiness of the people, I presume it ought not
to be rejected. Before I comment upon the principles which
have brought us to this issue, I beg leave to make one gen-
eral remark. Liberty and happiness have. Sir, a powerful
enemy on each hand; — on the one hand there is tyranny, on
the other there is licentiousness. To guard against the
latter, it is necessary that adequate powers should be given
to the government, and to protect us from the former, it is
requisite that that those powers should be properly distrib-
uted. Under this consideration, let us now regard the pro-

*From the Pennsylvania Herald, Dec. igtli 1787.

264 The Debate in the Convention.

posed system ; and I freely confess that if its adoption will
necessarily be followed by the annihilation of the state
governments, the objection is of very great force, and ought
to be seriously weighed. The inference, however, appears
rather unnatural that a government should be expressly cal-
culated to produce the destruction of other governments, upon
which its own existence must entirely depend; for, Mr. Presi-
dent, it is capable of demonstration, that if the state govern-
ments fall, the general government must likewise be involved
in one common ruin. Is it not evident, Sir, when we par-
ticularly examine the structure of the proposed system, that
the operation of the federal legislature necessarily presup-
poses the existence of the legislatures of the several States ?
Can the Congress, the president, or even the judiciary
department, survive the dissolution of those powers in the
separate governments, from which they essentially derive
their origin, and on which they must forever depend for
their renovation? No, sir! For, we find that the House of
Representatives is to be composed of persons returned by
the suffrage of freemen who are qualified to vote for the
members of the most numerous branch of the state legisla-
ture, which legislature must necessarily exist, or the only
criterion for supplying the popular department of the fed-
eral government will be extinct. The senate, which is to
be chosen by the se\'eral legislatures, cannot consequently be
appointed unless those legislatures exist; which is likewise
the case in respect to the president, as this ofiice is to be
filled by electors nominated by the respective state legisla-
tures; and, lastly, the judges are to be commissioned by the
president and senate, who cannot appoint, unless they are
themselves first appointed, and that, it appears, must depend
upon the existence of the state legislatures. Thus, Mr. Pres-
ident, by a clear deduction, it is evident that the existence
and efficiency of the general government presupposes the ex-
istence and full operation of the separate governments. For
you can never prove a person to have been chosen, till you
have proved that he was the choice of persons qualified to
vote; you cannot prove any man to be entitled to elect a

The Debate in the Convention, 265

member of the house of representatives, till you have proved
that he is qualified to elect a member of the most numerous
branch of the state legislature. But, Sir, it has been inti-
mated that the design of the federal convention was to absorb
the state governments. This would introduce a strange doc-
trine indeed, that one body should seek the destruction of
another, upon which its own preservation depends, or that
the creature should eat up and consume the creator. The
truth is, Sir, that the framers of this system were particularly
anxious, and their work demonstrates their anxiety, to pre-
serve the state governments unimpaired — it was their favorite
object; and, perhaps, however proper it might be in itself, it
is more difficult to defend the plan on account of the exces-
sive caution used in that respect than from any other objec-
tion that has been offered here or elsewhere. Hence, we have
seen each state, without regard to their comparative import-
ance, entitled to an equal representation in the senate, and a
clause has been introduced which enables two-thirds of the
state legislature at any time to propose and effectuate altera-
tions in the general system. But, Mr. President, though in
the very structure of the plan the concomitant duration of
the state governments is always pre-supposed, yet their power
is not the only one intended to be recognized and established.
The power of the people, Sir, is the great foundation of the
proposed system, a power totally unknown in the present
confederation, but here it mediately pervades every depart-
ment and is immediately exercised in the house of represent-
atives. I trust it is unnecessary to dwell longer upon this
subject; for, when gentlemen assert that it was the intention
of the federal convention to destroy the sovereignty of the
states, they must conceive themselves better qualified to judge
of the intention of that body than its own members, of whom
not one, I believe, entertained so improper an idea. Intended
it. Sir! how was this information obtained? I trust we shall
not admit these visionary interpretations, but wisely judge
of the tree by its fruit. The only pretence of proof, indeed,
has been taken from the work itself — from that section which
empowers the Congress to alter the place and manner of elec-

266 The Debate in the Convention.

tioii, under which, it is said, the national government may be
carried on after the state governments are totally eradicated.
This, Mr. President, is not only a proper, but a necessary
power, for every government should possess the means of
self-preservation. We have seen that the States may alter
or amend the proposed system, if they should find it incom-
patible with their interest and independency, and the same
reason justifies and requires that Congress should have an
ultimate control over those elections, upon which its purity
and existence must depend. What would otherwise be the
consequence? One or more States might refuse to make any
regulations upon the subject, or, might make such regulations
as would be highly inconvenient and absurd — if the election
were appointed to be held at Pittsburgh, or, if a minority,
tumultuously breaking up the legislatures, should defeat the
disposition of the majority to appoint any place for that pur-
pose, shall Congress have no authority to counteract such
notorious evils, but continue in absolute dependence upon the
will of a refractory State ? I say not, Sir, that these are prob-
able events; but as they are certainly possible, it was the
duty of the late convention to provide against the mischief,
and to secure to the general government a power, in the
dernier resort, for the more perfect organization of its constit-
uent parts. In short. Sir, this system would be nugatory
without the provision so much deprecated, as the national
government must be laid prostrate before any State in the
union, whose measures might at any time be infiuenced by
faction and caprice. These, therefore, are the reasons upon
which it is founded, and in spite of every perversion, it
will be found only to contain the natural maxims of self-pres-
ervation. I shall take a future opportunity to remark upon
the other points of the speech delivered by the member from
Cumberland, and upon the general principles of the proposed
constitution. Thus I have thought it proper to remark, in
this early stage of the debate, because I am sensible that the
imputation of subverting the State governments, either as a
principle or a consequence of the plan, must if well founded
prove a very important objection.

The Debate in the Convention, 267

Mr, Smilie. I am happy, Mr. President, to find the argu-
ment placed upon the proper ground, and that the honorable
member from the city has so fully spoken on the question,
whether this system proposes a consolidation or a confedera-
tion of the states, as that is, in my humble opinion, the
source of the greatest objection, which can be made to its
adoption. I agree likewise with him, Sir, that it is, or ought
to be, the object of all governments, to fix upon the interme-
diate point between tyranny and licentiousness; and there-
fore, it will be one of the great objects of our enquiry, to as-
certain how far the proposed system deviates from that point
of political happiness. For my part, I will readily confess,
that it appears to be well guarded against licentiousness, but
I am apprehensive it has deviated a little on the left hand,
and rather invites than guards against the approaches of
tyranny. I think however, Mr. President, it has been clearly
argued, that the proposed system does not directly abolish,
the governments of the several States, because its organiza-
tion, and, for some time, perhaps, its operations, naturally
pre-suppose their existence. But, Sir, it is not said, nor is
thought, that the words of this instrument expressly an-
nounce that the sovereignty of the several States, their inde-
pendency, jurisdiction, and power, are at once absorbed and
annihilated by the general government. To this position and
to this alone, the arguments of the honorable gentlemen can
effectually apply, and there they must undoubtedly hold as
long as the forms of State Government remain, at least, till
a change takes place in the federal constitution. It is, how-
ever, upon other principles that the final destruction of the in-
dividual governments is asserted to be a necessary consequence
of their association under this general form, — for, Sir, it is
the silent but certain operation of the powers, and not the
cautious, but artful tenor of the expressions contained in this
system, that can excite terror, or generate oppression. The
flattery of language was indeed necessary to disguise the bane-
ful purpose, but it is like the dazzling polish bestowed upon an
instrument of death; and the visionary prospect of a magnifi-
cent, yet popular government, was the most specious mode

26S The Debate in the Conveiition.

of rendering the people accessory to the ruin of those systems
which they have so recently and so ardently labored to estab-
lish. Hence, Sir, we may trace that passage which has been
pronounced by the honorable delegate to the late convention
with exultation and applause; but when it is declared that
"We the people of the United States do ordain and establish
this constitution," is not the very foundation a proof of a con-
solidated government, by the manifest subversion of the
principle that constitutes a union of States, which are sover-
eign and independent, except in the specific objects of con-
federation? These words have a plain and positive meaning,
which could not be misunderstood by those who employed
them; and therefore. Sir, it is fair and reasonable to infer,
that it was in contemplation of the framers of this system, to
absorb and abolish the efficient sovereignty and independent
powers of the several States, in order to invigorate and
aggrandize the general government. The plan before us,
then, explicitly proposes the formation of a new constitution
upon the original authority of the people, and not an associa-
tion of States upon the authority of their respective govern-
ments. On that ground, we perceive that it contains all the
necessary parts of a complete system of government, the ex-
ecutive, legislative and judicial establishments; and when
two separate governments are at the same time in operation,
over the same people, it will be difficult indeed to provide for
each the means of safety and defence against the other; but
if those means are not provided, it will be easily foreseen,
that the stronger must eventually subdue and annihilate the
weaker institution. IvCt us then examine the force and in-
fluence of the new system, and enquire whether the small
remnant of power left to the States can be adequate even to
the trifling charge of its own preservation. Here, Sir, we
find the right of making laws for every purpose is invested in
the future governors of America, and in this is included the
uncontrolled jurisdiction over the purses of the people. The
power of raising money is indeed the soul, the vital prop of
legislation, without which legislation itself cannot for a
moment exist. It will, however, be remarked that the

The Debate in the Convention. 269

power of taxation, though extended to the general govern-
ment, is not taken from the States individually. Yes, Sir! —
but it will be remembered that the r.ational government may
take from the people just what they please, and if anything
should afterwards remain, then indeed the exigencies of the
State governments may be supplied from the scanty gleanings
of the harvest. Permit me now, Sir, to call your attention
to the powers enumerated in the 8th section of the first arti-
cle, and particularly to that clause which authorizes the pro-
posed Congress, ' ' to lay and collect taxes, duties, imposts
and excises, to pay the debts and provide for the common de-
fence and general welfare of the United States." With such
powers, Mr. President, what cannot the future governors ac-
complish? It will be said, perhaps, that the treasure, thus
accumulated, is raised and appropriated for the general wel-
fare and the common defence of the States; but may not this
pretext be easily perverted to other purposes, since those very
men who raise and appropriate the taxes, are the only judges
of what shall be deemed the general welfare and common de-
fence of the national government? If then, Mr. President,
they have unlimited power to drain the wealth of the people
in every channel of taxation, whether by imposts on our
commercial intercourse with foreign nations, or by direct
levies on the people, I repeat it, that this system must be too
formidable for any single State, or even for a combination of
the States, should an attempt be made to break and destroy
the yoke of domination and tyranny which it will hereafter
set up. If, indeed, the spirit of men, once inflamed with the
knowledge of freedom, should occasionally blaze out in re-
monstrance, opposition and force, these symptoms would
naturally excite the jealousy of their rulers, and tempt them
to proceed in the career of usurpation, till the total destruc-
tion of every principle of liberty should furnish a fit security
for the exercise of arbitrary power. The money which has
been raised from the people, may then be effectually em-
ployed to keep them in a state of slavish subjection: the
militia, regulated and commanded by the officers of the gen-
eral government, will be warped from the patriotic nature of

2/0 The Debate in the Convention.

their institution, and a standing army, that most prevailing
instrument of despotism, will be ever ready to enforce obedi-
ence to a government by which it is raised, supported and
enriched. If, under such circumstances, the several States
should presume to assert their undelegated rights, I ask again
what balance remains with them to counteract the encroach-
ments of so potent a superior? To assemble a military force
would be impracticable; for the general government, foreseeing
the attempt would anticipate the means, by the exercise of its
indefinite control over the purses of the people; and, in order
to act upon the consciences as well as the persons of men, we
find it is expressly stipulated, that every officer of the State
government shall be sworn to support the constitution of the
United States. Hence likewise. Sir, I conclude that in every
point of rivalship, in every contention for power on the one
hand and for freedom on the other, the event must be favor-
able to the views and pretensions of a government gifted with
so decisive a pre-eminence. Let us, however, regard this
subject in another light. What, Mr. President, will be the
feelings and ideas of the people, when by the operation of the
proposed system, they are exposed to such accumulated ex-
pense, for the maintenance of the general government? Is
it not easy to foresee, that however the States may be dis-
posed individually to preserve the parade of independence
and sovereignty, the people themselves will become indiffer-
ent, and at last, averse to the continuance of an expensive
form, from which they derive no advantage? For, Sir, the
attachment of citizens to their government and its laws is
founded upon the benefits which they derive from them, and
it will last no longer than the duration of the power to con-
fer those benefits. When, therefore, the people of the respec-
tive States shall find their governments grown torpid, and
divested of the means to promote their welfare and interests,
they will not, Sir, vainly idolize a shadow, nor disburse their
hard earned wealth without the prospect of a compensation.
The constitution of the States having become weak and use-
less to every beneficial purpose, will be suffered to dwindle
and decay, and thus if the governors of the Union are not

The Debate in the Convention. 271

too impatient for the accomplishment of unrivalled and ab-
solute dominion, the destruction of State jurisdiction will be
produced by its own insignificance. Having now, Mr. Presi-
dent, shown that eventually this system will establish a con-
solidated government, though the intention is not expressly
avowed, I will take some notice of the honorable member's
principle, culled from the mode of election which is here pre-
scribed. Sir, we do not upon this occasion contend for forms,
which it is certain may exist long after the substance has for-
ever perished. It is well remembered that the Roman senate
continued to meet in all its ceremonies, long after they had
lost their power, and the liberty of Rome had been sacrificed
to the most horrid tyranny. Such, Sir, must be the case with
the State legislature, which will necessarily degenerate into
a mere name, or at most settle in a formal board of electors,
periodically assembled to exhibit the servile farce of filling
up the Federal representation.

Mr. M'Kean. The first objection ofiered, Mr. President,
to the adoption of the proposed system, arises from the omis-
sion of a bill of rights, and the gentlemen in the opposition
have gone (contrary, I think, to their former wishes, which
were to discuss the plan minutely, section after section,) from
the immediate objects of the first article into an investigation
of the whole system. However, as they have taken this wide
and extensive path, I shall, though reluctantly, pursue them.
It appears then. Sir, that there are but seven nations in the
world which have incorporated a bill or declaration of
rights into their system of government. The ancients
were unacquainted with any instrument of that kind and
till the recent establishment of the thirteen United States,
the moderns, except Great Britain and Poland (if the Pacta
Conventa of that kingdom may be considered), have not rec-
ognized its utility. Hence, Sir, if any argument is to be
drawn from the example of other countries, we find that far
the greatest number, and those most eminent for their power
and wisdom, have not deemed a declaration of rights in any
degree essential to the institution of government or the pres-
ervation of civil liberty. But, Sir, it has already been in-

272 The Debate in the Convention.

controvertibly shown that on the present occasion a bill of
rights was totally unnecessary, and that it might be accom-
panied with some inconveniency and danger, if there was any
defect in the attempt to enumerate the privileges of the peo-
ple. This system proposes a union of thirteen sovereign and
independent states, in order to give dignity and energy to the
transaction of their common concerns; it would be idle there-
fore to countenance the idea that any other powers were dele-
gated to the general government than those specified in the
constitution itself, which, as I have before observed, amounts
in fact to a bill of rights — a declaration of the people in what
manner they choose to be governed. I am happy, Mr. Presi-
dent, to find that no objection has been taken to the forms and
structure of the proposed system, to the two branches of leg-
islation, the unity of the executive power, and the qualified
negative upon laws which is vested in the president. Objec-
tions upon the subject, indeed, might have easily been an-
swered, since it is evident without the distribution of powers
here made, the legislature would naturally have absorbed the
authority of every other department, but particularly of the
executive. It has, I am persuaded, been satisfactorily proved
by my honorable colleague, that the suggestion which repre-
sent this system as being expressly calculated to annihilate
the soverignty and independence of the States, is groundless
and delusive; for he made it evident the existence of the States
is a thing without which the federal functions cannot be or-
ganized and supplied, and therefore, the dissolution of the
individual and general government must be concurrent — if
the state legislatures fail, the Congress of the United States
must likewise be at an end, inasmuch as the annihilation of
that power which is alone competent to elect, must be fol-
lowed by the annihilation of the body which is the object of
its election. But it is argued that the power of changing the
time and place of elections, transfers to Congress an authority
which ought exclusively to reside in the respective states, and
which will eventually enable that body to act independent of
the several governments. In this respect, Sir, it must be re-
membered that in the first instance the states are authorized

The Debate in the Convention. 273

to regulate the time, place and proceedings of elections, and
while they act with propriety, there can be little reason to
suppose Congress will officiously interfere. But if, as it has
been suggested by the honorable member from the city, an
inconvenient situation should be appointed for holding the
election, or if the time and manner should be made inconsis-
tent with the principles of a pure and constitutional election,
can it be doubted that the federal government ought to be
enabled to make the necessary reform in a business so essen-
tial to its own preservation and prosperity? If, for instance,
the states should direct the suffrage of their citizens to be
delivered viva voce, is it not necessary that the Congress
should be authorized to change that mode, so injurious to
the freedom of election, into the mode by ballot so happily
calculated to preserve the suffrages of the citizens from bias
and influence? This was one object, I am persuaded, which
weighed with the late convenaion in framing this clause; and
we farther collect their solicitude to prevent as much as pos-
sible, an undue influence of wealth and talents in the impor-
tant choice of representatives, from the regulation which
expressly declares that the day of election shall be the same
throughout the United States. By this means it is evident
that the influence which is naturally acquired by extraordi-
nary talents, activity and wealth, will be restricted in its
operation, and the great men of one district deprived of all
opportunity to interfere in the elections of another. Review-
ing then, Sir, the objections to the power given to the pro-
posed government for superintending the time, place and
manner of choosing its members, they seem to be the off-
spring of fancy, unsupported by real or probable argument,
while the power itself is proved to be a wise and rational sub-
ject of delegation. It is next said, Mr. President, and it is
reasoned upon as a fact, that the Congress will enjoy over the
thirteen States an uncontrolled power of legislation in all
cases whatsoever; and it is repeated, again and again, in one
common phrase, that the future governors may do what they
please with the purses of the people, for there is neither re-
striction nor reservation in the constitution which they will
18

274 The Debate in the Convention.

be appointed to administer. Sir, there is not a power given
in the article before us that is not in its expression, clear,
plain, and accurate, and in its nature proper and absolutely
necessary to the great objects of the union. To support this
assertion, permit me to recapitulate the contents of the arti-
cle immediately before us. First, then, it is declared that
"the Congress shall have power to lay and collect taxes,
duties, imposts and excises, to pay the debts and provide for
the common defence and general welfare of the United
States." Thus, Sir, as it is not the object of this govern-
ment merely to make laws for correcting wicked and unruly
men; but to protect the citizens of an extensive empire from
exterior force and injury, it was necessary that powers should
be given adequate to the discharge of so important a duty.
But the gentlemen exclaim that here lies the source of ex-
cessive taxation, and that the people will be plundered and
oppressed. What is there, however, that should render it a
more dangerous trust in the hands of the general than of a
particular government? For, is it not as much in the power
of the State legislatures at this day to do all this mischief, as
it will be hereafter in the power of Congress? The truth is.
Sir, that the great restraint upon excessive taxation arises
from this consideration, that the same act by which a repre-
sentative imposes a tax upon his constituents, extends to
himself and all his connections, friends and acquaintance,
so that he never will attempt to lay a greater burthen upon
the people than he is convinced is necessary for the public
service and easy to be borne. Besides this natural security,
which applies equally to the individual and the general gov-
ernment of the States, the people will, from time to time,
have it in their power to remove those persons who have pro-
moted any measure that tends to injure and oppress them.
In short. Sir, it seems that the honorable members are so
afraid the Congress will do some mischief, that they are de-
termined to deny them the power to do any good. But we
must divest ourselves of this extravagant jealousy, and re-
member that it is necessary to repose some degree of confi-
dence in the administration of a g-overnment, from which we

The Debate in the Convention. 275

expect the revival of commerce, the encouragement of arts,
and the general happiness of the people. To whose judg-
ment, indeed, could be so properly referred the determination
of what is necessary to accomplish those important objects, as
the judgment of a Congress elected, either directly or in-
directly, by all the citizens of the United States? For if the
people discharge their duty to themselves, the persons that
compose that body will be the wisest and best m.en amongst
us; — the wisest to discover the means of common defence and
general welfare, and the best to carry those means into exe-
cution, without guile, injustice or oppression. But it is not
remarkable, ]\Ir. President, that the power of raising money
which is thought dangerous in the proposed system, is, in
fact, possessed by the present Congress, tho' a single house
without checks, and without responsibility. Let us now
proceed, Sir, to the succeeding detail of the powers of
the proposed government. That Congress shall have the
power to borrow money on the credit of the United States,
is not objected to; nor are the powers to regulate trade, to
establish a general rule of naturalization, and to enact uni-
form laws on the subject of bankruptcies. The power to
coin money and regulate its value, must be esteemed highly
advantageous to the States, for hitherto its fluctuation has
been productive of great confusion and fraudulent finesse.
But when this power has established a certain medium
throughout the United States, we shall know the extent and
operation of our contracts, in what manner we are to pay or
to be paid; no illicit practice will expose property to a sudden
and capricious depreciation, and the traveller will not be em-
barrassed with the different estimates of the same coin in the
different districts through which he passes. The punishment
of forgery, and the establishment of post-offices and post
roads, are subjects confessedly proper to be comprehended
within the federal jurisdiction; and the power of securing to
authors and inventors the exclusive right to their writings
and discoveries, could only with effect be exercised by the
Congress. For, Sir, the laws of the respective States could
only operate within their respective boundaries, and there-

2y6 The Debate in tJie Conveiition.

fore, a work which had cost the author his whole life to com-
plete, when published in one State, however it might there
be secured, could easily be carried into another State, in
which a republication would be accompanied with neither
penalty nor punishment — a circumstance manifestly injurious
to the author in particular, and to the cause of science in
general. The next powers enumerated are those for consti-
tuting tribunals inferior to the Supreme Court, for defining
and punishing piracies and offences against the law of nations,
and for declaring war, to which no objection has been made,
and, I am persuaded, none can be made v/itli reason and
propriety. But, Sir, the power to raise and support armies
has occasioned infinite opposition, and has been clothed in all
the terrors which a jealous and heated imagination could con-
ceive. Is it not necessary, however, Mr. President, that some
power should exist capable of collecting and directing the
national strength against foreign force, Indian depredations,
or domestic insurrection ? If that power is necessary, where
could it otherwise reside, what other body is competent to
carry it efiectually into operation! For my part, Sir, I can
perceive that the power is absolutely necessary to support the
sovereignty and preserve the peace of the union, and, there-
fore, I will not idly argue against its use, from the possible
abuse — an argument which, as it applies to every other power
as well as that under our immediate consideration, would
supersede all the attributes of government, and defeat every
purpose of society. Having thus,* Mr. President, recapitu-
lated the powers delegated by the proposed constitution, it ap-
pears to me that they are necessary to the objects of the union,
and therefore entitled to our confirmation. Nor am I, Sir,
impressed with the opinion which has given so much pain
to the worthy gentlemen in the "opposition, that the powers
are so vaguely expressed, so indefinite and extensive in their
nature, that they may hereafter be stretched to every act of
legislation, and construed to imply something beyond what
is here specified. To evince that the powers enumerated in
this article are all the powers given to the proposed Congress,

*From the Penusylvania Herald, December 26, 1787.

The Debate in the Conventtoit. 277

we need only refer to the clause in the section which I have
just discussed, that grants to that body a right of exclusive
jurisdiction in any district of ten miles, which shall hereafter
with the consent of the inhabitants become the seat of federal
government. Does not this clearly prove. Sir, that their
right of exclusive jurisdiction is restricted to that district,
and with respect to the United States at large, their jurisdic-
tion must be measured by the powers actually contained in
the instrument before us? For no proposition can surely be
more clear than this, that in every grant whatever is not
mentioned must, from the nature of the thing, be considered
as excluded. But, Sir, we are repeatedly told that however
specious the enumeration may be, yet by the sixth article, a
general authority is given to the acts of the proposed govern-
ment, which renders its powers supreme and unlimited. Let
us attend to this assertion and compare it with the article re-
ferred to. There it is said, Mr. President, that "this consti-
tution 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 laws of
any state to the contrary notwithstanding." Now, Sir, what
does this prove? The meaning which appears to be plain
and well expressed, is simply this, that Congress have the
power of making laws upon any subject over which the pro-
posed plan gives them a jurisdiction, and that those laws thus
made in pursuance of the constitution, shall be binding upon
the States. With respect to treaties, I believe there is no
nation in the world in which they are not considered as the
supreme law of the land, and consequently, obligatory upon
all judges and magistrates. They are a common concern, and
obedience to them ought to be a common duty. As, indeed,
the interest of all the States must be uniformly in the con-
templation of Congress, why should not that body be author-
ized to legislate for all ? I earnestly hope. Sir, that the stat-
utes of the federal government will last till they become the
common law of the land, as excellent and as much valued as

278 The Debate in the Convention.

that which we have hitherto fondly denominated the birth-
right of an American. Such, Mr. President, are the objects
to which the powers of the proposed government extend.
Nor is it entirely left to this evident principle, that nothing
more is given than is expressed, to circumscribe the federal
authority. For, in the ninth section of the first article, we
find the powers so qualified that not a doubt can remain. In
the first clause of that section, there is a provision made for
an event which must gratify the feelings of every friend to
humanity. The abolition of slavery is put within the reach
of the federal government. And when we consider the situ-
ation and circumstances of the southern states, every man of
candor will find more reason to rejoice that the power should
be given at all, than to regret that its exercise should be post-
poned for twenty years. Though Congress will have power
to declare war, it is here stipulated that "the privilege of the
writ of habeas corpus shall not be suspended, unless when in
cases of rebellion or invasion, the public safety may require
it;" and men will not be exposed to have their actions con-
strued into crimes by subsequent and retrospective laws, for
it is expressly declared that "no bill of attainder or ex post
facto law shall be passed." Though Congress will have
the power to lay duties and taxes, yet, "no capitation or
other direct tax shall be laid, unless in proportion to the
census or actual enumeration of the states, nor can any tax
or duty be laid on articles of exportation." Thiswise reg-
ulation. Sir, has been successfully practiced by England and
Ireland, while the commerce of Spain by a different conduct
has been weakened and destroyed. The next restriction
on the powers of Congress respects the appropriation of the
public funds. "For no money shall be drawn from the
treasury, but in consequence of appropriations made by
law; and a regular statement and account of the receipts
and expenditures of all public money shall be published from
time to time." What greater security could be required or
given upon this important subject? First, the money must
be appropriated by law, then drawn for according to that
appropriation, and lastly, from time to time, an account of

The Debate in the Convention. 279

the receipts and expenditures must be submitted to the peo-
ple, who will thus be enabled to judge of the conduct of their
rulers, and, if they see cause to object to the use or the excess
of the sums raised, they may express their wishes or disappro-
bation to the legislature in petitions or remonstrances, which,
if just and reasonable, cannot fail to be effectual. Thus, Sir,
if any power is given, you cannot in my opinion give less —
for less would be inadequate to the great objects of the
government, and would neither enable Congress to pay the
debts, or provide for the common defence of the Union. The
last restriction mentioned prohibits Congress "from granting
titles of nobility, and the officers of the proposed government
from accepting, without the consent of Congress, any present,
emolument, office or title of any kind whatever, from any
king, prince, or foreign State. ' ' The section which follows
these qualifications of the powers of Congress, prescribes some
necessary limits to the powers of the several States; among
which, I find with particular satisfaction, it is declared that
"no State shall emit bills of credit, or make anything but
gold and silver coin a tender in payment of debts." By this
means. Sir, some security will be offered for the discharge of
honest contracts, and an end put to the pernicious specula-
tion upon paper emissions — a medium which has undermined
the morals, and relaxed the industry of the people, and from
which one-half of the controversies in our courts of justice
has arisen. Upon the whole, Mr. President, I must repeat,
that I perceive nothing in this system which can alarm or
intimidate the sincerest friend to the liberties of his country.
The powers given to the government are necessary to its
existence, and to the political happiness of the people — while
the objections which are offered, arise from an evident per-
version of its principles, and the presumption of a meaning
which neither the framers of the system, nor the sys-
tem itself, ever meant. True it is, Sir, that a form more
pleasing, and more beneficial to the State of Pennsylvania,
might be devised; but let it be remembered that this truth
likewise applies to each of our sister States, whose separate
interests have been proportionally sacrificed to the general

28o The Debate in the Convention.

welfare. And after all Mr. President, though a good
system is certainly a blessing, yet the wealth, the prosperity,
and the freedom of the people, must ultimately depend upon
the administration of the best government. The wisdom,
probity and patriotism of the rulers, will ever be the criterion
of public prosperity; and hence it is, that despotism, if well
administered, is the best form of government invented by
human ingenuity. We have seen nations prosperous and
happy under monarchies, aristocracies, and governments
compounded of these, and to what can we ascribe their felic-
ity, but the wise and prudent conduct of those who exercise
the powers of government? For experience will demonstrate
that the most perfect system may be so perverted as to pro-
duce poverty and misery, and the most despotic so executed
as to disseminate affluence and happiness among the people.
But, Sir, perfection is not to be expected in the business of
this life, and it is so ordered by the wisdom of Providence,
that as our stay in this world seldom exceeds three score and
ten years, we may not become too reluctant to part with its
enjoyments, but by reflecting upon the imperfections of the
present, learn in time to prepare for the perfections of a
future state. I^et us then, Mr. President, be content to ac-
cept this system as the best which can be obtained. Every
man may think, and many a man has said, that he could
make it better; but. Sir, as I observed on a former occasion
with respect to religion, this is nothing more than opinion,
and every person being attached to his own, it will be difficult
indeed to make any number of men correspond in the same
objects of amendment. The excellent letter which accom-
panies the proposed system, will furnish a useful lesson upon
this occasion. It deserves to be read with attention, and
considered with candor. Allow me therefore. Sir, to close
the trouble which I have given you in discussing the merits
of the plan, with a perusal of this letter — in the second para-
graph of which the reason is assigned for deviating from a
.single body for the federal government.

The Debate in the Convention. 281

IN CONVENTION.

Sir: We have now the honor to submit to the consideration of the United
States in Congress assembled, that Constitution which has appeared to us
the most adviseable.

The friends of our country have long seen and desired that the power of
making war, peace and treaties, that of levying money and regulating com-
merce, and the correspondent executive and judicial authorities, should be
fully and effectually vested in the general government of the Union; but the
impropriety of delegating such extensive trust to one body of men is evi-
dent. Hence results the necessity of a different organization.

It is obviously impracticable in the federal government of these States,
to secure all rights of independent sovereignty to each and yet provide for
the interest and safety of all. Individuals entering into society must give
up a share of liberty to preserve the rest. The magnitude of the sacrifice
must depend as as well on sitviation and circumstances, as on the object to
be obtained. It is at all times difficult to draw with precision the line be-
tween those rights which must be surrendered and those which may be re-
served; and on the present occasion this difficulty was increased by a differ-
ence among the several States as to their situation, extent, habits and
particular interests. In all our deliberations on this subject 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 prosper-
ity, felicity, safety, perhaps our national existence. This important consid-
eration, seriously and deeply impressed on our minds, led each State in the
convention to be less rigid on points of inferior magnitude than might have
been otherwise 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 indispensable.

That it will meet the full and entire approbation of every State is not, per-
haps, to be expected; but each will doubtless consider that, had her interests
been alone consulted, the consequences might have been particularly disa-
greeable or injurious to others; that it is liable to as few exceptions as could
reasonably have been expected, we hope and believe; that it may promote
the lasting welfare of that country so dear to us all, and secure her freedom
and happiness, is our most ardent wish. With great respect, we have the
honor to be, Sir, Your Excellency's most obedient humble servants.

GEORGE WASHINGTON, President.
By the unanimous Order of Convention.

I confess, Sir, that reading this letter and examining the
work to which it refers, though there are some points that I
might wish had been otherwise, yet upon the whole, I am
struck with wonder and admiration that this Constitution
should have been rendered so unexceptionable as it is, and
that so many men, the representatives of States differing es-
sentially in their views and interests, should have concurred
in presenting it to their country.

282 The Debate in the Convention,

The convention adjourned till Friday at half past nine
o'clock, having first agreed to meet in the convention room
to-morrow morning, in order to attend to the exercises per-
formed at the German Lutheran church.

On Wednesday [28th]* Mr. M'Kean closed a long speech
on the legislative article of the new constitution with this
striking observation: "Though a good system of government
is certainly a blessing, yet it is on the administration of the
best system that the freedom, wealth and happiness of the
people depend. Despotism, if wisely administered, is the
best foinn of government invented by the ingenuity of man^
and we find that the people under absolute and limited mon-
archies, under aristocracies and mixed governments, are as
contented and as prosperous as we are, owing, undoubtedly,
to the wisdom and virtue of their rulers. In short, the best
government may be so conducted as to produce misery and
disgrace, and the worst so administered as to ensure dignity
and happiness to a nation."

On the same day Mr. Smilie, in an elegant, ingenious and
argumentative speech, traced some of the leading defects in the
constitution, and endeavored to show that, if not in express
terms, yet by inevitable consequence, it would terminate in
a consolidation and not a confederation of the States. To
this objection (which Mr. Wilson agreed if taken upon true
grounds was a very serious and important one), the argument
respecting the necessary relation between the State legisla-
tures and the federal branches of government was repeated,
the latter of which could not exist, it was said, if the former
were annihilated. "But (added Mr. Smilie) let us review
the history of Rome and we shall find, after the most abso-
lute and horrid tyranny was established on the imperial
throne, the ancient forms of the commonwealth were pre-
served; its senate still met and were flattered with a show of
authority, but we know the power and dignity of that once
illustrious body were dwindled to a name. So here, Mr.
President, the shadow of State government may long be re-
tained when the substance is totally lost and forgotten."
* From the Pennsylvania Packet, December 3d, 1787.

The Debate in the Convention. 2 S3

"Liberty and happiness (says Mr. Wilson) have a powerful
enemy on each hand; on the one hand tyranny, on the other
licentiousness. To guard against the latter, it is necessary to
give the proper powers to government; and to guard against
the former, it is necessary that those powers should be prop-
erly distributed."

"I agree (replies Mr. Smilie) that it is, or ought to be, the
object of all governments to fix upon the intermediate point
between tyranny and licentiousness; and I confess that the
plan before us is perfectly armed to repel the latter; but I be-
lieve it has deviated too much on the left hand, and rather
invites than guards against the approaches of tyranny. ' '

Thursday^ November 2g.

The members of the convention being assembled proceeded
agreeably to their resolution of yesterday to the church in
Race street, where they were entertained with the exercises
of the young gentlemen belonging to the German Lutheran

Academy.

Friday^ November jo.

The Convention* met pursuant to adjournment.

Mr. Whitehill. I confess, Mr. President, that after the full
exercise of his eloquence and ingenuity, the honorable dele-
gate to the late conventionf has not removed those objections
which I formerly submitted to your consideration, in hopes
of striking, indeed, from his superior talents and information,
a ray of wisdom to illuminate the darkness of our doubts, and
to guide us in the pursuit of political truth and happiness.
If the learned gentleman, however, with all his opportunities
of investigating this particular system, and with all his gen-
eral knowledge in the science of government, has not been
able to convert or convince us, far be it from me to impute
this failure to the defects of his elocution, or the languor of
his disposition. It is no impeachment of those abilities which
have been eminently distinguished in the abstruse disquisi-
tions of law, that they should fail in the insidious task of
supporting, on popular principles, a government which origi-

*From the Pennsylvania Herald, December 29, 17S7.
t Mr. Wilson.

2S4 The Debate in the Convention.

nates in myster>', and must terminate in despotism. Neither
can the want of success, Sir, be ascribed to the want of zeal;
for we have heard with our ears, and our eyes have seen, the
indefatigable industry of the worthy member in advocating
the cause which he has undertaken. But, Mr, President, the
defect is in the system itself; there lies the evil which no ar-
gument can palliate, no sophistry can disguise. Permit me,
therefore. Sir, again to call your attention to the principles
which it contains, and for a moment to examine the ground
upon wdiich those principles are defended. I have said, and
with increasing confidence I repeat, that the proposed consti-
tution must eventually annihilate the independent sover-
eignty of the several states. In answer to this, the forms of
election for supplying the offices of the federal head have
been recapitulated; it has been thence inferred that the con-
nection between the individual and the general governments
is of so indissoluble a nature, that they must necessarily
stand or fall together, and, therefore, it has been finally de-
clared to be impossible, that the framers of this constitution
could have a premeditated design to sow, in the body of
their work, the seeds of its own destruction. But, Sir, I
think it may be clearly proved that this system contains
the seeds of self-preservation independent of all the forms
referred to — seeds which will vegetate and strengthen in
proportion to the decay of state authority, and which will
ultimately spring up and overshadow the thirteen common-
wealths of America with a deadly shade. The honorable
member from the city has, indeed, observed that every gov-
ernment should possess the means of its own preservation;
and this constitution is possibly the result of that proposition.
For, Sir, the first article comprises the grants of powers so
superlative in their nature, and so unlimited in their extent,
that without the aid of any other branch of the system, a
foundation rests upon this article alone, for the extension of
the federal jurisdiction to the most extravagant degree of ar-
bitrary sway. It will avail little to detect and deplore the en-
croachments of a government clothed in the plenitude of
these powers; it will afford no consolation to reflect that we

The Debate in the Convention. 285

are not enslaved by the positive dereliction of our rights;
but it will be well to remember at this day, Sir, that, in
effect, we rob the people of their liberties, when we establish a
power, whose usurpations they will not be able to counteract
or restrict. It is not alone, however, the operative force of
the powers expressly given to Congress that will accomplish
their independence of the States, but we find an efficient
auxiliary in the clause that authorizes that body ''to make
all laws which shall be necessary and proper for carrying into
execution the foregoing powers and all other powers vested
by this constitution in this government of the United States
or in any department or office thereof" Hence, Sir, if it
should happen, as the honorable members from the city have
presumed, that by the neglect or delinquency of the States,
no place and manner, or an improper place and manner for
conducting the elections should be appointed, will it not be
said that the general government ought not for this reason to
be destroyed? and will it not therefore be necessary for carry-
ing the powers of this constitution into execution, that the
Congress should provide for its elections in such manner as
will prevent the federal business from being frustrated by the
listless or refractory disposition of the States individually?
This event is in a great measure provided for, indeed, by the
plan itself; for "the Congress may (constitutionally) at any
time by law make or alter such regulations (that is the times,
places and manner of holding elections prescribed in each State
by the legislature thereof) except as to the places of choosing
senators. ' ' If the power here given was necessary to the preser-
vation of the proposed government, as the honorable members
have contended, does it not, at the same time, furnish the
means to act independent of the connection which has been
so often represented as the great security for the continuance
of the State sovereignties? Under the sanction of this clause,
the senators may hold their seats as long as they live, and
there is no authority to dispossess them. The duration of the
house of representatives may likewise be protracted to any
period, since the time and place of election will always be
adapted to the objects of the Congress or its leading dema-

286 The Debate in the Convention.

gogues; and as that body will ultimately declare what shall
constitute the qualifications of its members, all the boasted
advantages of representation must terminate in idle form and
expensive parade. If the voice of complaint should not then
be silenced by the dread of punishment, easy it is, neverthe-
less, to anticipate the fate of petitions or remonstrances pre-
sented by the trembling hand of the oppressed to the irritated
and ambitious oppressor. Solicitation will be answered by
those statutes which are to be the supreme law of the land,
and reproach will be overcome by the frown of insolent au-
thority. This, Mr. President, is but a slight view of the
calamities that will be produced by the exercise of those
powers which the honorable members from the city have en-
deavored to persuade us it is necessary to grant to the new
government in order to secure its own preservation and to
accomplish the objects of the Union. But in considering. Sir,
what was necessary to the safety and energ>' of the govern-
inent, some attention ought surely to have been paid to the
safety and freedom of the people. No satisfactory reason has
yet been offered for the omission of a bill of rights; but on the
contrary, the honorable members are defeated in the only
pretext which they have been able to assign, that everything
which is not given is excepted, for we have shown that there
are two articles expressly reserved, the writ of habeas corpus
and the trial by jury in criminal cases, and we have called
upon them in vain to reconcile this reservation with the
tenor of their favorite proposition. For if there was danger
in the attempt to enumerate the liberties of the people, lest it
should prove imperfect and destructive, how happens it that
in the instances I have mentioned, that danger has been in-
curred? Have the people no other rights worth their atten-
tion, or is it to be inferred, agreeably to the maxim of our op-
ponents, that every other right is abandoned? Surely, Sir,
our language was competent to declare the sentiments of the
people and to establish a bar against the intrusion of the gen-
eral government in other respects as well as these; and when
we find some privileges stipulated, the argument of danger is
effectually destroyed; and the argument of difficulty which

The Debate in the Convention. 287

has been drawn from the attempt to enumerate every right,
cannot now be urged against the enumeration of more rights
than this instrument contains. In short, Mr. President, it is
our duty to take care that the foundation of this system is so
laid that the superstructure, which is to be reared by other
hands, may not cast a gloom upon the temple of freedom, the
recent purchase of our toil and treasure. When, therefore, I
consider it as the means of annihilating the constitutions of
the several States, and consequently the liberties of the peo-
ple, I should be wanting to my constituents, to myself and to
posterity, did I not exert every talent with which heaven has
endowed me to counteract the measures that have been taken
for its adoption. That it was the design of the late federal
convention to absorb and abolish the individual sovereignty
of the States, I seek no other evidence but this system ; for as
the honorable delegate to that body has recommended, I am
also satisfied to judge of the tree by its fruit. When, there-
fore, I behold it thus systematically constructed for the
accomplishment of that object, when I recollect the talents
of those who framed it, I cannot hesitate to impute to them
an intention corresponding with the principles and operation
of their own work. Finally, Sir, that the dissolution of our
State constitutions will produce the ruin of civil liberty is a
proposition easy to be maintained, and which I am persuaded
in the course of these debates will be incontrovertibly estab-
lished in the mind of every member whose judgment is open
to conviction, and whose vote has not been conclusively
pledged for the ratification of this constitution before its
merits were discussed.

Mr. Wilson. It is objected* that the number of members
in the House of Representatives is too small. This is a sub-
ject something embarrassing, and the convention who framed
the article felt the embarrassment. Take either side of the
question, and you are necessarily led into difficulties. A
large representation, Sir, draws along with it a great expense.
We all know that expense is offered as an objection to this

*From Lloyd's Debates.

288 The Debate in the Co7tveiition.

system of government, and certainly had the representation
been greater, the clamor wonld have been on that side, and
perhaps with some degree of justice. But the expense is not
the sole objection ; it is the opinion of some writers, that a
deliberative body ought not to consist of more than one hun-
dred members. I think, however, that there might be safety
and propriety in going beyond that number; but certainly
there is some number so large, that it would be improper to
increase them beyond it. The British House of Commons
consists of upwards of five hundred. The senate of Rome
consisted, it is said, at some times of one thousand members.
This last number is certainly too great.

The convention endeavored to steer a middle course, and
when we consider the scale on which they formed their calcu-
lation, there are strong reasons why the representation should
not have been larger. On the ratio that they have fixed, of
one for every thirty thousand, and according to the generally
received opinion of the increase of population throughout the
United States, the present number of their inhabitants will be
doubled in twenty-five years, and according to that progres-
sive proportion, and the ratio of one member for thirty thou-
sand inhabitants, the Plouse of Representatives will, within a
single century, consist of more than six hundred members.
Permit me to add a further observation on the numbers — that
a large number is not so necessary in this case as in the cases
of state legislatures. In them there ought to be a represen-
tation sufficient to declare the situation of every county, town
and district, and if of every individual, so much the better,
because their legislative powers extend to the particular in-
terest and convenience of each; but in the general govern-
ment its objects are enumerated, and are not confined in their
causes or operations to a county, or even to a single state.
No one power is of such a nature as to require the minute
knowledge of situations and circumstances necessary in state
governments possessed of general legislative authority. These
were the reasons, Sir, that I believe had influence on the con-
vention to agree to the number of thirty thousand; and when
the inconveniences and conveniences on both sides are com-

The Debate in the Cunvention. 289

pared, it would be difficult to say what would be a number
more unexceptionable.

FiHday^ November joth.

Mr. Hartley.* It has been uniformly admitted, Sir, by
every man who has written or spoken upon the subject, that
the existing confederation of the vStates is inadequate to the
duties of a general government. The lives, the liberties and
the property of the citizens are no longer protected and
secured, so that necessity compels us to seek beneath another
system, some safety for our most invaluable rights and pos-
sessions. It is then the opinion of many wise and good men,
that the constitution presented by the late federal convention,
will in a great measure afford the relief which is required by
the wants and weakness of our present situation, but, on the
other hand, it has been represented as an instrument to un-
dermine the sovereignty of the States and destroy the liber-
ties of the people. It is the peculiar duty of this convention
to investigate the truth of those opinions, and to adopt or re-
ject the proposed constitution, according to the result of that
investigation. For my part I freely acknowledge, Mr. Presi-
dent, that impressed with a strong sense of the public calami-
ties, I regard the system before us as the only prospect which
promises to relieve the distresses of the people and to advance
the national honor and interests of America. I shall therefore
offer such arguments in opposition to the objections raised by
the honorable delegates from Cumberland and Fayette, as
have served to establish my judgment, and will, I hope, com-
municate some information to the judgment of the worthy
members who shall favor me with a candid attention. The
jEirst objection is, that the proposed system is not coupled with
a bill of rights, and therefore, it is said, there is no security
for the liberties of the people. This objection, Sir, has been
ably refuted by the honorable members from the city, and
will admit of little more animadversion than has already been
bestowed upon it, in the course of their arguments. It is
agreed, however, that the situation of a British subject, and
that of an American citizen in the year 1776, were essenti-
ally different; but it does not appear to be accurately under-

*From the Pennsylvania Herald, January 2, 1788.

290 The Debate in the Convention.

stood in what manner the people of England became enslaved
before the reign of King John. Previonsly to the Norman
conquest, that nation certainly enjoyed the greatest portion
of civil liberty then known in the world. But when William,
accompanied by a train of courtiers and dependents, seized
upon the crown, the liberties of the vanquished were totally
disregarded and forgotten, while titles, honors and estates,
were distributed with a liberal hand among his needy and
avaricious followers. The lives and fortunes of the ancient
inhabitants became thus subject to the will of the usurper,
and no stipulations were made to protect and secure them
from the most wanton violations. Hence, Sir, arose the
successful struggles in the reign of John, and to this source
may be traced the subsequent exertions of the people for the
recovery of their liberties, when Charles endeavored totally
to destroy, and the Prince of Orange at the celebrated era
of British revolution, was invited to support them, upon the
principles declared in the bill of rights. Some authors, in-
deed, have argued that the liberties of the people were de-
rived from the prince, but how they came into his hands is a
mystery which has not been disclosed. Even on that princi-
ple, however, it has occasionally been found necessary to
make laws for the security of the subject — a necessity that
has produced the writ of habeas corpus, which affords an
easy and immediate redress for the unjust imprisonment of the
person, and the trial by jury, which is the fundamental secu-
rity for every enjoyment that is valuable in the contempla-
tion of a freeman. These advantages have not been obtained
by the influence of a bill of rights, which after all we find is
an instrument that derives its validity only from the sanction
and ratification of the prince. How different then is our
situation from the circumstances of the British nation?

As soon as the independence of America was declared, in
the year 1776, from that instant all our natural rights were
restored to us, and we were at liberty to adopt any form of
government to which our views or our interest might incline
us. This truth, expressly recognized by the act declaring
our independence, naturally produced another maxim, that
whatever portion of those natural rights we did not transfer

The Debate in the Convention. 291

to the government, was still reserved and retained by the
people ; for, if no power was delegated to the government, no
right was resigned by the people; and if a part only of our
natural rights was delegated, is it not absurd to assert that we
have relinquished the whole? Where then is the necessity
of a formal declaration, that those rights are still retained, of
the resignation of which no evidence can possibly be pro-
duced? Some articles, indeed from their pre-eminence in the
scale of political security, deserve to be particularly specified,
and these have not been omitted in the system before us.

The definition of treason, the writ of habeas corpus, and
the trial by jury in criminal cases, are here expressly provided
for; and in going thus far, solid foundation has been laid.

The ingenuity of the gentlemen who are inimical to the
proposed constitution may serve to detect an error, but can
it furnish a remedy? They have told us that a bill of rights
ought to have been annexed; but, while some are for this
point, and others for that, is it not evidently impracticable to
frame an instrument which will be satisfactory to the wishes
of every man who thinks himself competent to propose and
obviate objections? Sir, it is enough for me that the great
cardinal points of a free government are here secured without
the useless enumeration of privileges, under the popular ap-
pellation of a bill of rights. The second objection which I
have been able to collect from the arguments of the honorable
members in opposition is this, that annual elections are not
recognized and established by this constitution. I confess,
Mr. President, the business of elections is a ver>' important
object in the institution of a free government; but I am of
opinion, that their frequency must always depend upon the
circumstances of the country. In a small territory, an annual
election is proper and convenient; but in a jurisdiction ex-
tending 1,500 miles, through various climates, even if prac-
ticable, it would be an idle and burthensome arrangement.
If, for instance, a delegate to the Congiess were obliged to
travel 700 or 800 miles to Georgia and Carolina, he could
scarcely have entered upon the duties of his appointment, be-
fore the year would be past, and his authority annulled. Let
us look at the nations in Europe, and, by way of illustration.

292 The Debate in the Convention.

let us suppose particularly that it was uecessary in Denmark
to meet in Copenhagen, the seat of government, from districts
at the distance of seven hundred miles, would it not be proper
to extend the period of service in proportion to the time re-
quired for collecting the scattered members of the body politic?
In England, indeed, a compact and cultivated country, through
which the communication is never interrupted, an annual elec-
tion might be productive of great advantages, and could be at-
tended with few inconveniences; but, as I have already repre-
sented, the case must here be essentially different. If, then, this
objection is answered, so likewise must be the objection which
has been next offered, that the appropriation of public moneys
for the maintenance of a military force, may be for a period of
ten years, whereas in England it is only for one; since the same
reasons which made it necessary to deviate from annual elec-
tions, must render it necessary to extend those appropriations.
The power granted to levy taxes is another subject for op-
position; and at first view, indeed, it may naturally excite
some astonishment. But, Mr. President, it is necessary that
those v/ho are authorized to contract debts upon the public
faith should likewise be invested with the means for discharg-
ing those debts. We have fatally experienced that recom-
mendations are incompetent to that object, for what part of
our foreign obligations have they hitherto been able to dis-
charge? Let us, however, suppose that by the operation of
federal recommendation, it is possible to accomplish the pay-
ment of our existing debts; where is the faith so credulous
that will advance us another shilling upon the same security?
But on the other hand, establish a power which can discharge
its engagement, and you insure the confidence and friendship
of the world. The power of taxation is then a great and im-
portant trust; but we lodge it with our own representatives,
and as long as we continue virtuous we shall be safe, for they
will not dare to abuse it. We now come. Sir, to the objec-
tion which seems to spread the greatest alarm, and in support
of which much labor and ingenuity have been displayed.
That the rights now possessed by the States will in some de-
gree be abridged by the adoption of the proposed system, has
never been denied; but it is only in that degree which is neces-

The Debate in the Convention. 293

sary and proper to promote the great purposes of the Union.
A portion of our natural rights are given up in order to con-
stitute society; and as it is here, a portion of the rights be-
longing to the States individually is resigned in order to con-
stitute an efficient confederation. But, Mr. President, I do
not know any instance in ancient history exactly similar to
the situation of this country. The allusion which was made
by the honorable member from Fayette to the Roman annals,
is incapable of a just application to the subject in discussion;
for the senate at the period to which he has referred was not
created by election, but appointed by the mandate of the
prince. The power of life and death was exclusively pos-
sessed by the Emperor, and the senate had no authority but
what he pleased to bestow. In modern history there is in-
deed one event which seems to be in point. When the Union
was about to be formed between Scotland and England in the
reign of Queen Anne, wise men of all descriptions opposed
the transaction, and particularly it was the subject of clamor
among the clergy of every denomination. Lord Peterborough
compared it to Nebuchadnezzar's image of iron and clay; and
then, as it is now, the annihilation of the inferior power was
warmly predicted by the wise men of the north. But, Sir,
those fears and prognostications have been dissipated and dis-
appointed by the event, and every liberal Scotchman will
acknowledge he has gained by the bargain. Let it now be
remarked that though Scotland sends only fifty-five members
to the British Parliament, yet its judiciary and religious es-
tablishments being secured to them by the union, it has
never been alleged that the superintending power has in any
degree intruded upon those rights, or infringed the general
tenor of the compact. Here then is an instance of a kingdom
preserved even where the law is made and proceeds from a
different and distant country. With respect to the German
confederation, if anything can thence be drawn, it is an in-
ference contrary to the doctrine contended on the part of the
opposition. There, Sir, a number of deputies meet in gen-
eral diet and make certain laws which are to prevade the
Germanic body. But has this general head subverted the in-
dependence and liberties of its constituent members? No:

294 '^^^^ Debate in the Convejition.

for, on the reverse, we fiud the House of Austria, a single
branch, has become superior to the whole, except the King
of Prussia, who is likewise formidable, but it is in his power
and influence over the general system. Upon the whole, Mr.
President, I sincerely think that the opinions of the worthy
gentlemen are mistaken, and that their fears are vain and
extravagant; for it is necessary that something should be
done, and this plan, waiving any compliment to its excellence,
is at least an eligible one.

Doctor Rush.* I believe, Mr. President, that of all the
treaties which have ever been made, William Penn's was the
only one, which was contracted without parchment; and I
believe, likewise, it is the only one that has ever been faith-
fully adhered to. As it has happened with treaties, so. Sir,
has it happened with bills of rights, for never yet has one
been made which has not, at some period or other, been
broken. The celebrated magna charta of England was
broken over and over again, and these infractions gave birth
to the petition of rights. If, indeed, the government of that
country has not been violated for the last hundred years, as
some writers have said, it is not owning to charters or declara-
tions of rights, but to the balance which has been introduced
and established in the legislative body. The constitution of
Pennsylvania, Mr. President, is guarded by an oath, which
every man employed in the administration of the public busi-
ness is compelled to take; and yet. Sir, examine the pro-
ceedings of the council of censors, and you will find innumer-
able instances of the violation of that constitution, committed
equally by its friends and enemies. In truth, then, there is
no security but in a pure and adequate representation; the
checks and all the other desiderata of government are noth-
ing but political error without it, and with it, liberty can
never be endangered. While the honorable convention, who
framed this system, were employed in their work, there are
many gentlemen who can bear testimony that my only anx-
iety was upon the subject of representation ; and when I be-
held a legislature constituted of three branches, and in so

*From the reiinsylvania Herald, January 5, 17S8.

cJj^SFEK iriE^VTES

Mr y, elected by

Jiy liopes ant

Mr. Presiuc^i'j ci^ ir c./ i':'.^;y
i tliink it may likewise be cou-
,;v^.. . i<- oxlgiii Ox" iiberty; and as we enjoy all oi-.i
- •■'' i -■ 1 Is from a pre-occupaiicy, antecedent to the socia'
entering into tliat state, whence shall they be s.-;Mi
ived? Wou; J it not be absurd to frarne a form ! 1
■ 'ion that . i rights are acquired from o-

^-'■^■■■"o 'V .^ more ridiculous solecism to s..,, - >

: those rulers whom we have created^ a::.<J
with every power they possess? Si:
-r to the late convention, that t^--
- Letu disgraced with a bill of rights; though J
iame or reflect upon those States \vh.icli hc".
euCLu.'ibcrc^ their constitutions with thatir
TT-stn-ni^-t. One v:ov^^ iniao--i;e. howev-

;•:( - nnected

T>'-: . I'M^JiCurUSionS, SJi. -.i

^\ ' contending with Great

they ;;:.c applicable to all goverumenv
consideration; and the an^nmp-nis <'..
are, indeed, better calci
<-hc ricrd-n-i of thi- re:

:; hitiierto olrered to till
-_ :k:, be reduced to these
: iiere is no bill of rights, and secovi^
■ ?d government will bear"--
of the States. Upon
eat misapprehensic. :
: of Great Britain '
:.ii try; whereas hou^sc*

^s "vbich waj: '- .1 and v.

Mu necessary.

296 The Debate in the Convent io?t.

they had to secure the remnant of their liberties, was, on ev-
ery opportunity, to stipulate with that power for the uninter-
rupted enjoyment of certain enumerated privileges. But our
case is widely different, and we find that upon the opinion of
this difference, seven of the thirteen United States have not
added a bill of rights to their respective constitutions. Noth-
ing, indeed, seems more clear to my judgment than this, that
in our circumstances, every power which is not expressly
given is in fact reserved. But it is asked, as some rights are
here expressly provided for, why should not more? In truth,
however, the writ of habeas corpus, and the trial by jury in
criminal cases, cannot be considered as a bill of rights, but
merely as a reservation on the part of the people, and a re-
striction on the part of their rulers. And I agree with those
gentlemen who conceive that a bill of rights, according to the
ideas of the opposition, would be accompanied with consid-
erable difficulty and danger; for it might be argued at a
future day by the persons then in power, You undertook to
enumerate the rights which you meant to reserve; the preten-
sion which you now make is not comprised in that enumera-
tion, and consequently our jurisdiction is not circumscribed.
The second general head respects the consolidation of the
States; but I think, Sir, candor will forbid us to impute that
design to the late convention, when we review the principles
and texture of their work. Does it not appear that the or-
ganization of the new government must originate with the
States? Is not the whole system of federal representation
dependent upon the individual governments? For we find
that those persons who are qualified to vote for the most
numerous branch of the State legislatures, are alone qualified
to vote for delegates to the house of representatives: the
senators are to be chosen immediately by the legislatures of
the States; and those legislatures likewise are to prescribe
the manner for the appointment of electors who are to elect
the President. Thus, Sir, is the connection between the
States in their separate and aggregate capacity preserved, and
the existence of the Federal government made necessarily
dependant upon the existence and actual operation of its
constituent members. Lest anything, indeed, should be

The Debate in the Convention. 297

wanting- to assure us of the intention of the framers of this
constitution to preserve the individual sovereignty and inde-
pendence of the States inviolate, we find it expressly declared
by the 4th section of the 4th article, that " the United States
shall guarantee to every State in this Union, a republican
form of government" — a constitutional security far superior
to the fancied advantages of a bill of rights. It is urged,
however, that all the security derived from this clause, and
from the forms of representation, may be defeated by the ex-
ercise of the power which is vested in Congress to change the
times, places, and manner of election. Sir, let it be remem-
bered that this power can only operate in a case of necessity,
after the factious or listless disposition of a particular State
has rendered an interference essential to the salvation of the
general government. But is it fair, is it liberal, that every
presumption should impute to Congress an abuse of the
powers with which they are entrusted? We might surely, on
the ground of such extravagent apprehensions, proscribe the
use of fire and water — for fire may burn, and water may
drown us. Is it, indeed, possible to define any power so ac-
curately, that it shall reach the particular object for which it
was given, and yet not be liable to perversion and abuse? If
it is too much restrained it will certainly be incompetent;
and I am free to declare the opinion, that it is much better
under a limited government, to trust something to the dis-
cretion of the rulers, than to attempt so precise a definition
of power as must defeat every salutary object which it is in-
tended to produce. In what instance does it appear, after
all, that the jurisdiction of the States will be abridged, ex-
cept, indeed, in those respects from which the universal
sense of mankind must forever exclude them? The general
government will, and incontrovertibly should, be possessed
of the power to superintend the general objects and interests
of the country; the particular objects and interests of the
States will still be subject to the power of the particular gov-
ernments— and is this not a natural and necessary distribu-
tion of authority? What single State, for instance, is equal
to the regulation of commerce? Have we not seen a sister
republic, by an obstinate refusal of the 5 per cent impost, in-

298 The Debate in the Cojivention.

volve the whole union in difficulties and disgrace? To that
refusal, indeed, may be ascribed our present embarrassments,
and the continuance of a heavy debt, which must, otherwise,
have been long since discharged. But what are the particu-
lar restrictions which this system imposes upon the authority
of the States? They are contained, Sir, in the tenth section
of the first article ; and I appeal, cheerfully, to the candor of
every man who hears me, whether they are not such as
ought, for the sake of public honor and private honesty, to be
imposed. "No State shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin
money; emit bills of credit; make anything but gold and
silver coin a tender in payment of debts; pass any bill of at-
tainder, ex post facto law, or law impairing the obligation of
contracts, or grant any title of nobility." These, Sir, and
some restraints in commercial affairs, are the restrictions on
the several States; we have little information from the fatal
experience of past years, if we cannot perceive their propriety,
and rejoice in the anticipation of the beneficial consequences
they must produce. What, Mr. President, has hitherto been
the effect of tender laws, paper money, and the iniquitous
speculations these excrescences of a weak government natur-
ally engendered ? I wish not. Sir, to afflict you with a painful
recollection upon this subject; but it will be well toremembei
how much we have suffered, that we may properly estimate
the hand which rescues us from poverty and disgrace. If
virtue is the foundation of a republican government, has it
not been fatally sapped by these means? The morals of the
people have been almost sunk into depravity; and the gov-
ernment of laws has been almost superseded by a licentious
anarchy. The day of reformation and happiness, however,
rapidly approaches, and this system will be, at length, the
glorious instrument of our political salvation. For, under
the authority here given, our commerce will be rendered re-
spectable among the nations of the world; the product of the
impost will ease the weight of internal taxation; the land
tax will be diminished; and the luxuries and conveniences
of life bear a proportionate share in the public expenses. In
short. Sir, I perceive nothing in this system to terrify, but

The Debate in the Convention. 299

everything to flatter the hopes of a friend to his country, and
I sincerely hope it will be adopted.

On Friday 30th* the convention proceeded in their delib-
erations upon the first article of the proposed constitution,
and Mr. Wynkoop moved, after some debate, that the second
article should be taken into consideration. On this Mr.
Smilie observed, that he hoped so precipitate a measure
would not be adopted, for, in his opinion, they had not yet
got over the first six words of the preamble. He then re-
duced the present subject of discussion to two general heads,
viz. ist. The necessity of a declaration of rights; and 2d.
Whether the plan was a consolidation, or a confederation of
the United States? After these points are ascertained, he
observed, it would be proper to consider each section of the
first article particularly, in order to state the objections to the
powers delegated to the Congress for imposing internal taxa-
tion, raising a poll tax, and maintaining a standing army in
time of peace. The convention adjourned at two o'clock.

Mr. M'Kean said on Friday, in the convention, that he
wished the opponents of the proposed constitution would not
merely find out its defects, but state the remedies. Since
they consider a bill of rights so essential, why do they not
show us one, that we may judge of its necessity ? To this
Mr, Smilie answered, he was happy to hear the idea sug-
gested, for he had understood that the convention did not
mean to admit either additions or amendments; but let them
agree to do this, and he pledged himself to produce such a
declaration of rights, and such other amendments, as would
conciliate the opponents of the plan in its present state, who
wished not to reject it altogether, but to make it as secure as
possible, in favor of the civil liberties of the people.

Saturday^ December ist.
Doctor Rushf (on the subject of the new government tend-
ing to abridge the States of their respective sovereignty) ob-
served in the convention, that this passion for separate sover-

*From the Pennsylvania Packet, Dec. 3, 1787.
t From the Pennsylvania Packet, Dec. 5th, 1787.

300 The Debate in the Convention.

eignty had destroyed the Grecian Union. This plurality of
sovereignty is in politics what plurality of gods is in religion
— it is the idolatry, the heathenism of government. In
marking the advantages which are secured to us by the new
government, the Doctor principally enforced the following:
The citizens under it wall have an immediate voice in delega-
tions to Congress: that an unoffending posterity will not (as
is now the case on commission of treason) be punished for the
sins of offending ancestors; that an eternal veto will be
stamped on paper emissions; that religious tests would be
abolished; that Commerce will hold up her declining head,
under the influence of general, vigorous, uniform regulations;
that a system of infinite mischief to this State w^ould be coun-
teracted; that the adopted certificates would devolve back to
the continent. The Doctor concluded an animated speech by
holding out the new constitution as pregnant with an increase
of freedom, knowledge and religion.

On Saturday [Dec. ist] * Mr. Findley delivered an eloquent
and powerful speech, to prove that the proposed plan of gov-
ernment amounted to a consolidation, and not a confederation
of the states. Mr. Wilson had before admitted that if this was
a just objection, it would be strongly against the system; and
it seems from the subsequent silence of all its advocates upon
that subject (except Doctor Rush, who on Monday insinuated
that he saw and rejoiced at the eventual annihilation of the
state sovereignties) Mr. Findley has established his position.
Previous to an investigation of the plan, that gentleman
animadverted upon the argument of necessity, which had
been so much insisted upon, and showed that we were in an
eligible situation to attempt the improvement of the Federal
Government, but not so desperately circumstanced as to be
obliged to adopt any system, however destructive to the liber-
ties of the people, and the sovereign rights of the states. He
then argued that the proposed constitution established a
general government and destroj'ed the individual govern-
ments, from the following evidence taken from the system it-

* From the reuusylvauia Packet, Dec. 6th.

The Debate in the Convention. 301

self: ist. In the preamble, it is said, We the People^ and not
We the States^ which therefore is a compact between individ-
uals entering into society, and not between separate states
enjoying independent power, and delegating a portion of that
power for their common benefit. 2d, That in the legislature
each member has a vote, whereas in a confederation, as we
have hitherto practised it, and from the very nature of the
thing, a state can only have one voice, and therefore all the
delegates of any state can only give one vote, 3d. The
powers given to the Federal body for imposing internal taxa-
tion will necessarily destroy the state sovereignties, for there
cannot exist two independent sovereign taxing powers in the
same community, and the strongest will of course annihilate
the weaker. 4th, The power given to regulate and judge of
elections is a proof of a consolidation, for there cannot be two
powers employed at the same time in regulating the same
elections, and if they were a confederated body, the individ-
ual states would judge of the elections, and the general
Congress would judge of the credentials which proved the
election of its members. 5th, The judiciary power, which is
co-extensive with the legislative, is another evidence of a
consolidation, 6th, The manner in which the wages of the
members is paid, makes another proof ; and lastly, The oath
of allegiance directed to be taken establishes it incontroverti-
bly; for would it not be absurd, that the members of the
legislative and executive branches of a sovereign state should
take a test of allegiance to another sovereign or independent
body ?

Mr, Wilson,* The secret is now disclosed, and it is dis-
covered to be a dread that the boasted state sovereignties will,
under this system, be disrobed of part of their power. Before
I go into the examination of this point, let me ask one im-
portant question: Upon what principle is it contended that
the sovereign power resides in the state governments? The
honorable gentleman has said truly, that there can be no sub-
ordinate sovereignty. Now if there can not, my position is,
that the sovereignty resides in the people. They have not

* From Lloyd's Debates.

302 The Debate in the Convention.

parted with it; they have only dispensed such portions of
power as were conceived necessary for the public welfare.
This constitution stands upon this broad principle. I know
very well, Sir, that the people have hitherto been shut out
of the federal government, but it is not meant that they
should any longer be dispossessed of their rights. In order
to recognize this leading principle, the proposed system sets
out with a declaration that its existence depends upon the
supreme authority of the people alone. We have heard much
about a consolidated government. I wish the honorable gen-
tleman would condescend to give us a definition of what he
meant by it. I think this the more necessary, because I ap-
prehend that the term, in the numerous times it has been
used, has not always been used in the same sense. It may
be said, and I believe it has been said, that a consolidated
government is such as will absorb and destroy the govern-
ments of the several States. If it is taken in this view, the
plan before us is not a consolidated government, as I showed
on a former day, and may, if necessary, show further on some
future occasion. On the other hand, if it is meant that the
general government will take from the state governments
their power in some particulars, it is confessed and evident
that this will be its operation and effect.

When the principle is once settled that the people are the
source of authority, the consequence is that they may take
from the subordinate governments powers with which they
have hitherto trusted them, and place those powers in the
general government, if it is thought that there they will be
productive of more good. They can distribute one portion
of power to the more contracted circle called State govern-
ments: they can also furnish another proportion to the gov-
ernment of the United States. Who will undertake to say
as a state officer that the people may not give to the general
government what powers and for what purposes they please?
how comes it. Sir, that these State governments dictate to
their superiors? — to the majesty of the people? When I say
the majesty of the people, I mean the thing, and not a mere
compliment to them. The honorable gentleman went a step

The Debate in the Convention. 303

further and said that the State governments were kept out of
this government altogether. The truth is, and it is a leading
principle in this system, that not the States only but the peo-
ple also shall be here represented. And if this is a crime, I
confess the general government is chargeable with it; but I
have no idea that a safe system of power in the government,
sufficient to manage the general interest of the United States,
could be drawn from any other source or rested in any other
authority than that of the people at large, and I consider this
authority as the rock on which this structure will stand. If
this principle is unfounded, the system must fall. If honor-
able gentlemen, before they undertake to oppose this princi-
ple, will show that the people have parted with their power
to the State governments, then I confess I cannot support
this constitution. It is asked, can there be two taxing powers?
Will the people submit to two taxing powers? I think they
will, when the taxes are required for the public welfare, by
persons appointed immediately by their fellow citizens.

But I believe this doctrine is a very disagreeable one to
some of the State governments. All the objections that will
furnish an increase of revenue are eagerly seized by them;
perhaps this will lead to the reason why a State government,
when she was obliged to pay only about an eighth part of the
loan-office certificates, should voluntarily undertake the pay-
ment of about one-third part of them. This power of taxa-
tion will be regulated in the general government upon equit-
able principles. No State can have more than her just pro-
portion to discharge — no longer will government be obliged
to assign her funds for the payment of debts she does not owe.
Another objection has been taken that the judicial powers are
co-extensive with the objects of the national government. So
far as I can understand the idea of magistracy in every gov-
ernment, this seems to be a proper arrangement; the judicial
department is considered as a part of the executive authority
of government. Now, I have no idea that the authority
should be restrained so as not to be able to perform its func-
tions with full effect. I would not have the legislature sit to
make laws which cannot be executed. It is not meant here

304 The Debate in the Convention.

that the laws shall be a dead letter; it is meant that they shall
be carefully and duly considered before they are enacted; and
that then they shall be honestly and faithfully executed.
This observation naturally leads to a more particular consid-
eration of the government before us. In order, Sir, to give
permanency, stability and security to any government, I con-
ceive it of essential importance that its legislature should be
restrained; that there should not only be what we call a. pas-
sive^ but an active power over it; for of all kinds of despotism,
this is the most dreadful and the most difficult to be corrected.
With how much contempt have we seen the authority of the
people treated by the legislature of this State — and how often
have we seen it making laws in one session that have been
repealed the next, either on account of the fluctuation of
party or their own impropriety !

This could not have been the case in a compound legisla-
ture; it is therefore proper to have efficient restraints upon
the legislative body. These restraints arise from different
sources: I will mention some of them. In this constitution
they will be produced in a very considerable degree by a di-
vision of the power in the legislative body itself Under this
system they may arise likewise from the interference of those
officers, who will be introduced into the executive and judi-
cial departments. They may spring also from another source,
the election by the people, and finally, under this constitu-
tion, they may proceed from the great and last resort — from
the PEOPLE themselves. I say, under this constitution, the
legislature may be restrained and kept within its prescribed
bounds by the interposition of the judicial department. This
I hope. Sir, to explain clearly and satisfactorily. I had oc-
casion on a former day to state that the power of the consti-
tution was paramount to the power of the legislature acting
under that constitution. For it is possible that the legislature,
when acting in that capacity, may transgress the bounds as-
signed to it, and an act may pass in the usual mode notwith-
standing that transgression; but when it comes to be discussed
before the judges, when they consider its principles, and find
it to be incompatible with the superior powers of the consti-

The Debate in the Conventio7i. 305

tution, it is their duty to pronounce it void; and judges inde-
pendent, and not obliged to look to every session for a con-
tinuance of their salaries, will behave with intrepidity and
refuse to the act the sanction of judicial authority. In the
same manner the President of the United States could shield
himself and refuse to carry into effect an act that violates the
constitution.

In order to secure the President from any dependence upon
the legislature as to his salary, it is provided that he shall, at
stated times, receive for his services a compensation that shall
neither be increased nor diminished during the period for
which he shall have been elected, and that he shall not receive
within that period any other emolument from the United
States or any of them.

To secure to the judges this independence, it is ordered that
they shall receive for their services a compensation which
shall not be diminished during their continuance in office.
The Congress may be restrained by the election of its constit-
uent parts. If a legislature shall make a law contrary to the
constitution or oppressive to the people, they have it in their
power, every second year in one branch, and every sixth
year in the other, to displace the men who act thus inconsis-
tent with their duty; and if this is not sufficient, they have
still a further power; they may assume into their own hands
the alteration of the constitution itself — they may revoke the
lease, when the conditions are broken by the tenant. But
the most useful restraint upon the legislature, because it
operates constantly, arises from the division of its power
among two branches, and from the qualified negative of the
piesident upon both. As this government is formed, there
are two sources from which the representation is drawn,
though they both ultimately flow from the people. States
now exist and others will come into existence ; it was thought
proper that they should be represented in the general govern-
ment. But gentlemen will please to remember, this consti-
tution was not framed merely for the States; it was framed
for the PEOPLE also; and the popular branch of the Congress
will be the objects of their immediate choice.

3o6 The Debate in the Conventioit.

The two branches will serve as checks upon each other;
they have the same legislative authorities, except in one in-
stance. Money bills must originate in the house of represen-
tatives. The senate can pass no law without the concurrence
of the house of representatives; nor can the house of repre-
sentatives without the concurrence of the senate. I believe,
Sir, that the observation which I am now going to make, will
apply to mankind in every situation; they will act with more
caution, and perhaps more integrity, if their proceedings are
to be under the inspection and control of another, than when
they are not. From this principle, the proceedings of Con-
gress will be conducted with a degree of circumspection not
common in single bodies, where nothing more is necessary to
be done, than to carry the business through amongst them-
selves, whether it be right or wrong. In compound legisla-
tures, every object must be submitted to a distinct body, not
influenced by the arguments, or warped by the prejudices of
the other. And, I believe, that the persons who will form
the Congress, will be cautious in running the risk, with a bare
majority^ of having the negative of the president put on their
proceedings. As there will be more circumspection in form-
ing the laws, so there will be more stability in the laws when
made. Indeed one is the consequence of the other; for what
has been well considered, and founded in good sense, will, in
practice, be useful and salutary, and of consequence will not
be liable to be soon repealed. Though two bodies may not
possess more wisdom or patriotism than what may be found
in a single body, yet they will necessarily introduce a greater
degree of precision. An undigested and inaccurate code of
laws, is one of the most dangerous things that can be intro-
duced into any government. The force of this observation is
well known by every gentleman that has attended to the laws
of this State. This, Sir, is a very important advantage, that
will arise from this division of the legislative authority.

I will proceed now to take some notice of a still further re-
straint upon the legislature: I mean the qualified negative
of the president. I think this will be attended with very im-
portant advantages, for the security and happiness of the peo-

The Debate m the Coiivention, 307

pie of the United States. The president, Sir, will not be a
stranger to our country, to our laws, or to our wishes. He
will, under this constitution, be placed in office as the presi-
dent of the whole union, and will be chosen in such a man-
ner that he may be justly styled THE man OF THE PEOPLE;
being elected by the different parts of the United States, he
will consider himself as not particularly interested for any
one of them, but will watch over the whole with paternal
care and affection. This will be the natural conduct to rec-
ommend himself to those who placed him in that high chair,
and I consider it as a very important advantage, that such a
man must have every law presented to him before it can be-
come binding upon the United States. He will have before
him the fullest information of our situation, he will avail
himself not only of records and official communications, for-
eign and domestic, but he will have also the advice of the
executive officers in the different departments of the general
government.

If in consequence of this information and advice, he ex-
ercise the authority given to him, the effect will not be lost
— he returns his objections, together with the bill, and unless
two-thirds of both branches of the legislature are 7iow found
to approve it, it does not become a law. But even if his ob-
jections do not prevent its passing into a law, they will not be
useless; they will be kept together with the law, and, in the
archives of congress, will be valuable and practical materials,
to form the minds of posterity for legislation — if it is found
that the law operates inconveniently, or oppressively,
the people may discover in the president's objections the
source of that inconvenience or oppression. Further, Sir,
when objections shall have been made, it is provided, in
order to secure the greatest degree of caution and responsibi-
lity, that the votes of both houses shall be determined by
yeas and nays, and the names of the persons voting for and
against the bill, shall be entered in the journal of each house
respectively. Thus much I have thought proper to say, with
regard to the distribution of the legislative authority, and the
restraints under which it will be exercised.

3o8 The Debate in the Convention.

The gentleman in opposition strongly insists, that the
general clause at the end of the eighth section, gives to con-
gress a power of legislating generally; but I cannot conceive
by what means he will render the word susceptible of that ex-
pansion. Can the words, "the congress shall have power to
make all laws which shall be necessary and proper to carry
into execution the foregoing powers," be capable of giving
them general legislative power? I hope that it is not meant
to give to congress merely an illusive show of authority, to de-
ceive themselves or constituents any longer. On the con-
trary, I trust it is meant, that they shall have the power of
carrying into effect the laws which they shall make under
the powers vested in them by this constitution. In answer
to the gentleman from Fayette (Mr. Smilie,) on the subject
of the press, I beg leave to make an observ^ation: it is very
true. Sir, that this constitution says nothing with regard to
that subject, nor was it necessary, because it will be found
that there is given to the general government no power what-
soever concerning it; and no law in pursuance of the consti-
tution, can possibly be enacted, to destroy that liberty.

I heard the honorable gentleman make this general asser-
tion, that the Congress was certainly vested with power to
make such a law, but I would be glad to know by what part
of this constitution such a power is given? Until that is
done, I shall not enter into a minute investigation of the
matter, but shall at present satisfy myself with giving an
answer to a question that has been put. It has been asked,
if a law should be made to punish libels, and the judges
should proceed under that law, what chance would the
printer have of an acquittal? And it has been said he
would drop into a den of devouring monsters.

I presume it was not in the view of the honorable gentle-
man to say there is no such thing as a libel, or that the
writers of such ought not to be punished. The idea of the
liberty of the press, is not carried so far as this in any coun-
try— what is meant by the liberty of the press is, that there
should be no antecedent restraint upon it; but that every
author is responsible when he attacks the security or welfare

The Debate in the Convention, 309

of the government, or the safety, character and property of
the individual.

With regard to attacks upon the public, the mode of pro-
ceeding is by a prosecution. Now if a libel is written, it
must be within some one of the United States, or the district
of congress. With regard to that district, I hope it will take
care to preserve this as well as the other rights of freemen ;
for whatever district congress may choose, the cession of it
cannot be completed without the consent of its inhabitants.
Now, Sir, if this libel is to be tried, it must be tried where
the offence was committed; for under this constitution, as
declared in the second section of the third article, the trial
must be held in the State; therefore on this occasion it must
be tried where it was published, if the indictment is for pub-
lishing; and it must be tried likewise by a jury of that State.
Now, I would ask, is the person prosecuted in a worse situa-
tion under the general government, even if it had the power
to make laws on this subject, than he is at present under the
State government ? It is true there is no particular regula-
tion made, to have the jury come from the body of the county
in which the offence was committed; but there are some
States in which this mode of collecting juries is contrary to
their established custom, and gentlemen ought to consider
that this constitution was not meant merely for Pennsylva-
nia. In some States the juries are not taken from a single
county. In Virginia, the sheriff, I believe, is not confined
even to the inhabitants of the State, but is at liberty to take
any man he pleases, and put him on the jury. In Maryland
I think a set of jurors serve for the whole Western Shore,
and another for the Eastern Shore.

I beg to make one remark on what one gentleman has said,
with respect to amendments being proposed to the constitu-
tion. To whom are the convention to make report of such
amendments? He tells you, to the present congress. I do
not wish to report to that body, the representatives only of
the State governments; they may not be disposed to admit
the people into a participation of their power. It has also
been supposed, that a wonderful unanimity subsists among

2IO The Debate in the Convoition.

those who are enemies to the proposed system. On this
point I also diflfer from the gentleman who made the obser-
vation. I have taken every pains in my power, and read
every publication I could meet with, in order to gain infor-
mation; and as far as I have been able to judge, the opposi-
tion is inconsiderable and inconsistent. Instead of agreeing
in their objections, those who make them bring forward
such as are diametrically opposite. On one hand, it is said
that the representation in congress is too small ; on the other,
it is said to be too numerous. Some think the authority of
the senate too great; some that of the house of representa-
tives; and some that of both. Others draw their fears from
the powers of the president; and like the iron race of Cadmus,
these opponents rise only to destroy each other.

Monday^ December ^.

On Monday [Dec. 3d] * it was urged by Mr. Findley, that
Congress, under the new system, would have it in their
power to lay an impost upon emigrants. Doctor Rush
said he thought there was no reason to object to its being
laid on the importation of indented servants, and Mr. Wil-
son said that the emigration of freemen was an object of
commerce.

Doctor Rush having frequently alluded with disapprobation
to the funding system, in a late debate, Mr. Findley observed
that the Doctor was one of the committee of public creditors
who had conferred with a committee of the General Assembly
upon this measure, and was at that time active in promoting
it. The Doctor, for fear any unfavorable impression should
be made by that assertion, observed that he did not think
the system would have extended so far.

Mr. Wilson said that the manner in which the opposition
treated the proposed constitution, taking it by piece-meal,
without considering the relative connection and dependence
of its parts, reminded him of an anecdote which occurred
when it was the practice in churches to detail a single line of
Sternhold and Hopkins's psalms, and then set the verse to

* From the Pennsylvania Packet, Dec. 6th.

The Debate in the Coiwentioit. 311

music. A sailor entered tlie church, wheu the clerk gave out
the following line:

The Lord will come, and he will uot

The sailor stared, but when he heard the next line,

Hold peace, but speak aloud,

he instantly left the congregation, convinced that it was an
assembly of lunatics.

Mr. Wilson.* Much fault has been found with the mode
of expression used in the first clause of the ninth section of
the first article. I believe I can assign a reason why that
mode of expression was used, and why the term slave was not
directly admitted in this constitution: — and as to the manner
of laying taxes, this is not the first time that the subject has
come into the view of the United States, and of the legisla-
tures of the several States. The gentleman (Mr. Findley)
will recollect, that in the present Congress, the quota of the
federal debt and general expenses was to be in proportion to
the value of land and other enumerated property within the
States. After trying this for a number of years, it was found
on all hands to be a mode that could not be carried into exe-
cution. Congress were satisfied of this, and in the year 1783
recommended, in conformity with the powers they possessed
under the articles of confederation, that the quota should be
according to the number of free people, including those bound
to servitude, and excluding Indians not taxed. These were
the very expressions used in 1783, and the fate of this recom-
mendation was similar to all their other resolutions. It was
not carried into effect, but it was adopted by no fewer than
eleven out of thirteen States; and it cannot but be a matter
of surprise to hear gentlemen who agreed to this very mode
of expression at that time, come forward and state it as an
objection on the present occasion. It was natural. Sir, for
the late convention to adopt the mode after it had been
agreed to by eleven States, and to use the expression which

* From Lloyd's Debates.

312 The Debate in the Convention.

they found had been received as unexceptionable before.
With respect to the clause restricting Congress from prohibit-
ing the migration or importation of such persons as any of
the States now existing shall think proper to admit, prior to
the year 1808, the honorable gentleman says that this clause
is not only dark, but intended to grant to Congress, for that
time, the power to admit the importation of slaves. No such
thing was intended; but I will tell you what was done, and
it gives me high pleasure that so much was done. Under the
present confederation, the States may admit the importation
of slaves as long as they please; but by this article, after the
year 1808, the Congress will have power to prohibit such im-
portation, notwithstanding the disposition of any State to the
contrary. I consider this as laying the foundation for banish-
ing slavery out of this country; and though the period is
more distant than I could wish, yet it will produce the same
kind, gradual change which was pursued in Pennsylvania.
It is with much satisfaction I view this power in the general
government, whereby they may lay an interdiction on this
reproachful trade. But an immediate advantage is also ob-
tained, for a tax or duty may be imposed on such importation
not exceeding ten dollars for each person; and this. Sir, ope-
rates as a partial prohibition. It was all that could be ob-
tained. I am sorry it was no more; but from this I think
there is reason to hope that yet a few years, and it will be
prohibited altogether. And in the meantime, the new States
which are to be formed will be under the control of Congress
in this particular, and slaves will never be introduced
amongst them. The gentleman says that it is unfortunate
in another point of view: it means to prohibit the introduc-
tion of white people from Europe, as this tax may deter them
from coming amongst us. A little impartiality and attention
will discover the care that the convention took in selecting
their language. The words are, the migration or importa-
tion of such persons, etc., shall not be prohibited by Con-
gress prior to the year 1808, but a tax or duty may be im-
posed on such IMPORTATION. It is observable here that the
term migration is dropped when a tax or duty is mentioned,

The Debate in tJie Convention. 313

so that Congress have power to impose the tax only on those
imported.

Tuesday December ^, ijSj.

Mr. Wilson. * I shall take this opportunity of giving au
answer to the objections already urged against the constitu-
tion; I shall then point out some of those qualities, that en-
title it to the attention and approbation of this convention;
and after having done this, I shall take a fit opportunity of
stating the consequences which I apprehend will result from
rejecting it, and those which will probably result from its
adoption. I have given the utmost attention to the debates
and the objections that from time to time have been made
by the three gentlemen who speak in opposition. I have re-
duced them to some order, perhaps not better than that in
which they were introduced. I will state them; they will be
in the recollection of the house, and I will endeavor to give
an answer to them — in that answer, I will interweave some
remarks that may tend to elucidate the subject.

A good deal has already been said, concerning a bill of
rights; I have stated, according to the best of my recollec-
tion, all that passed in convention relating to that business.
Since that time, I have spoken with a gentleman, who has
not only his memory, but full notes, that he had taken in
that body; and he assures me, that upon this subject no
direct motion was ever made at all ; and certainly, before we
heard this so violently supported out of doors, some pains
ought to have been taken to have tried its fate within; but
the truth is, a bill of rights would, as I have mentioned
already, have been not only unnecessary, but improper. In
some governments it may come within the gentleman's idea,
when he says it can do no harm ; but even in these govern-
ments, you find bills of rights do not uniformly obtain; and
do those States complain who have them not? Is it a maxim
in forming governments, that not only all the powers which
are given, but also that all those which are reserved, should
be enumerated? I apprehend that the powers given and re-
served, form the whole rights of the people, as men and as

* From L,loyd Debates.

314 The Debate in the Convention.

citizens. I consider, that there are very few who understand
the zc'holc of these rights. All the political writers, from Gro-
tius and Puffendorf, down to Vattel, have treated on this
subject; but in no one of those books, nor in the aggregate
of them all, can you find a complete enumeration of rights
appertaining to the people as men and as citizens.

There are two kinds of government; that where general
power is intended to be given to the legislature, and that
where the powers are particularly enumerated. In the last
case, the implied result is, that nothing more is intended to
be given than what is so enumerated, unless it results from
the nature of the government itself. On the other hand,
when general legislative powers are given, then the people
part with their authority, and on the gentleman's principle
of government, retain nothing. But in a government like
the proposed one, there can be no necessity for a bill of rights.
For, on my principle, the people never part with their power.
Enumerate all the rights of men! I am sure, Sir, that no
gentleman in the late convention would have attempted such
a thing. I believe the honorable speakers in opposition on
this floor were members of the assembly which appointed
delegates to that convention; if it had been thought proper
to have sent them into that body, how luminous would
the dai'k conclave have been! So the gentleman has been
pleased to denominate that body. Aristocrats as they were,
they pretended not to define the rights of those who sent
them there. We are asked repeatedly, what harm could the
addition of a bill of rights do? If it can do no ^ood^ I think
that a sufficient reason to refuse having anything to do with
it. But to whom are we to report this bill of rights, if we
should adopt it? Have we authority from those who sent us
here to make one?

It is true we may propose, as well as any other private per-
sons; but how shall we know the sentiments of the citizens
of this State and of the other States ? are we certain that
any one of them will agree with our definitions and enume-
rations?

In the second place, we are told, that there is no check

The Debate in the Convention. yi^

upon the government but the people; it is fortunate, Sir, if
their superintending authority is allowed as a check : but I
apprehend that in the very construction of this government,
there are numerous checks. Besides those expressly enume-
rated, the two branches of the legislature are mutual checks
upon each other. But this subject will be more properly
discussed, when we come to consider the form of government
itself; and then I mean to show the reason, why the right of
habeas corpus was secured by a particular declaration in its
favor.

In the third place we are told, that there is no security
for the rights of conscience. I ask the honorable gentleman,
what part of this system puts it in the power of congress to
attack those rights? When there is no power to attack, it is
idle to prepare the means of defence.

After having mentioned, in a cursory manner, the foregoing
objections, we now arive at the leading ones against the pro-
posed system.

The very manner of introducing this constitution, by the
recognition of the authority of the people, is said to change
the principle of the present confederation, and to introduce
a consolidating and absorbing government !

In this confederated republic, the sovereignty of the States,
it is said, is not preserved. We are told that there cannot
be two sovereign powers, and that a subordinate sovereignty
is no sovereignty.

It will be worth while, Mr. President, to consider this ob-
jection at large. When I had the honor of speaking for-
merly on this subject, I stated, in as concise a manner as pos-
sible, the leading ideas that occurred to me, to ascertain
where the supreme and sovereign power resides. It has not
been, nor, I presume, will it be denied, that somewhere there
is, and of necessity must be, a supreme, absolute and uncon-
trollable authority. This, I believe, may justly be termed
the sovereign power; for from that gentleman's (Mr. Find-
ley) account of the matter, it cannot be sovereign, unless it
is supreme; for, says he, a subordinate sovereignty is no
sovereignty at all. I had the honor of observing, that if the

3i6 The Debate i7t the Convention.

question was asked, where the supreme power resided, dif-
ferent answers would be given by different writers. I men-
tioned that Blackstone will tell you, that in Britain it is
lodged in the British parliament; and I believe there is no
writer on this subject on the other side of the Atlantic, but
supposes it to be vested in that body. I stated further, that
if the question was asked, some politician, who had not con-
sidered the subject with sufficient accuracy, where the
supreme power resided in our governments, would answer,
that it was vested in the State constitutions. This opinion
approaches near the truth, but does not reach it; for the
truth is, that the supreme, absolute and uncontrollable autho-
rity, remains with the people. I mentioned also, that the
practical recognition of this truth was reserved for the honor
of this country. I recollect no constitution founded on this
principle: but we have witnessed the improvement, and en-
joy the happiness, of seeing it carried into practice. The
great and penetrating mind of Locke seems to be the only
one that pointed towards even the theory of this great truth.

When I made the observation, that some politicians would
say the supreme power was lodged in our State constitutions,
I did not suspect that the honorable gentleman from West-
moreland (Mr. Findley) was included in that description;
but I find myself disappointed; for I imagined his opposition
would arise from another consideration. His position is, that
the supreme power resides in the States, as governments;
and mine is, that it resides in the people, as the fountain
of government; that the people have not — that the people
mean not — and that the people ought not, to part with it to
any government whatsoever. In their hands it remains
secure. They can delegate it in such proportions, to such
bodies, on such terms, and under such limitations, as they
think proper. I agree with the members in opposition, that
there cannot be two sovereign powers on the same subject.

I consider the people of the United States as forming one
great community, and I consider the people of the different
States as forming communities again on a lesser scale. From
this great division of the people into distinct communities

The Debate hi the Convention. 317

it will be found necessary that different proportions of legis-
lative powers should be given to the governments, according
to the nature, number and magnitude of their objects.

Unless the people are considered in these two views, we
shall never be able to understand the principle on which this
system was constructed. I view the States as made for the
people as well as by them, and not the people as made for the
States. The people, therefore, have a right, whilst enjoying
the undeniable powers of society, to form either a general
government, or state governments, in what manner they
please; or to accommodate them to one another, and by this
means preserve them all. This, I say, is the inherent and
unalienable right of the people, and as an illustration of it, I
beg to read a few words from the Declaration of Independence,
made by the representatives of the United States, and recog-
nized by the whole Union. —

"We hold these truths to be self-evident, that all men are
created equal ; that they are endowed by their Creator with
certain unalienable rights ; that among these are life, liberty,
and the pursuit of happiness. That to secure these rights,
governments are instituted among men, deriving their just
powers from the consent of the governed; that whenever any
form of government becomes destructive of these ends, it is
the RIGHT of the people to alter or to abolish it, and institute
a new government, laying its foundation on such principles,
and organizing its powers in such forms, as to them shall
seem most likely to effect their safety and happiness."

This is the broad basis on which our independence was
placed. On the same certain and solid foundation this sys-
tem is erected.

State sovereignty, as it is called, is far from being able to
support its weight. Nothing less than the authority of the
people could either support it or give it efficacy. I cannot
pass over this subject without noticing the different conduct
pursued by the late federal convention, and that observed by
the convention which framed the constitution of Pennsylva-
nia. On that occasion you find an attempt made to deprive
the people of this right, so lately and so expressly asserted in

3i8 The Debate in the Convention.

the Declaration of Independence. We are told in the pream-
ble to the Declaration of Rights, and frame of government,
that ''''we do, by virtue of the authority vested in tts^ ordain,
declare, and establish, the following Declaration of Rights
and frame of government to be the constitution of this com-
monwealth, and to remain in force therein unaltered, ex-
cept in such articles as shall hereafter on experience be found
to require improvement, and which shall, by the same au-
thority of the people, fairly delegated as this frame of govern-
ment directs^'' — An honorable gentleman (Mr. Chambers) was
well warranted in saying that all that could be done was done
to cut off the people from the right of amending; for if it be
amended by any other mode than that which it directs, then
any number more than one-third may control any number
less than two-thirds.

But I return to my general reasoning. My position is, Sir,
that in this country the supreme, absolute, and uncontroll-
able power resides in the people at large; that they have
vested certain proportions of this power in the State govern-
ments, but that the fee simple continues, resides and remains
with the body of the people. Under the practical influence
of this great truth we are now sitting and deliberating, and
under its operation, we can sit as calmly, and deliberate as
coolly in order to change a constitution, as a legislature can
sit and deliberate under the power of a constitution in order
to alter or amend a law. It is true, the exercise of this power
will not probably be so frequent, nor resorted to on so many
occasions, in one case as in the other; but the recognition of
the principle cannot fail to establish it more firmly. Because
this recognition is made in the proposed constitution, an ex-
ception is taken to the whole of it, for we are told it is a vio-
lation of the present confederation — a confederation of
SOVEREIGN STATES. I shall not enter into an investigation
of the present confederation, but shall just remark, that its
principle is not the principle of free governments. The PEO-
PLE of the United States are not as such represented in the
present Congress; and considered even as the component
parts of the several States, they are not represented in pro-
portion to their numbers and importance.

The Debate in the Conventio7i. 319

In this place I cannot help remarking on the general in-
consistency which appears between one part of the gentle-
man's objections and another. Upon the principle we have
now mentioned, the honorable gentleman contended, that
the powers ought to flow from the States; and that all the
late convention had to do, was to give additional powers to
Congress. What is the present form of Congress? A single
body, with some legislative, but little executive, and no
effective judicial power. What are these additional powers
that are to be given? In some cases legislative are wanting,
in other judicial, and in others executive; these, it is said,
ought to be allotted to the general government; but the im-
propriety of delegating such extensive trust to one body of
men is evident; yet in the same day, and perhaps the same
hour, we are told, by honorable gentlemen, that these three
branches of government are not kept sufficiently distinct in
this constitution; we are told also that the senate, possessing
some executive power, as well as legislative, is such a mon-
ster that it will swallow up and absorb every other body in the
general government, after having destroyed those of the par-
ticular States.

Is this reasoning with consistency? Is the senate under
the proposed constitution so tremendous a body, when
checked in their legislative capacity by the house of repre-
sentatives, and in their executive authority by the president
of the United States? Can this body be so tremendous
as the present congress, a single body of men possessed of
legislative, executive and judicial powers? To what purpose
was Montesquieu read to show that this was a complete ty-
ranny? The application would have been more properly
made by the advocates of the proposed constitution, against
the patrons of the present confederation.

It is mentioned that this federal government will annihi-
late and absorb all the State governments. I wish to save as
much as possible the time of the house: I shall not, therefore,
recapitulate what I had the honor of saying last week on this
subject; I hope it was then shown, that instead of being
abolished (as insinuated) from the very nature of things, and

320 The Debate in the Convention.

from the organization of the system itself, the State govern-
ments must exist, or the general government must fall amidst
their ruins; indeed, so far as to the forms, it is admitted they
may remain, but the gentlemen seem to think their power
will be gone.

I shall have occasion to take notice of this power hereaf-
ter, and, I believe, if it was necessary, it could be shown that
the State governments, as States, will enjoy as much power,
and more dignity, happiness and security, than they have
hitherto done. I admit, Sir, that some of the powers will be
taken from them, by the system before you; but it is, I be-
lieve, allowed on all hands, at least it is not among us a dis-
puted point, that the late convention was appointed with a
particular view to give more power to the government of the
union: it is also acknowledged, that the intention was to obtain
the advantage of an efficient government over the United
States; now, if power is to be given to that government, I
apprehend it must be taken from some place. If the State
governments are to retain all the powers they held before,
then, of consequence, every new power that is given to Con-
gress must be taken from the people at large. Is this the
gentleman's intention? I believe a strict examination of
this subject will justify me in asserting that the States, as
governments, have assumed too much power to themselves,
while they left too little to the people. Let not this be called
cajoling the people — the elegant expression used by the
honorable gentleman from Westmoreland (Mr. Findley) — it is
hard to avoid censure on one side or the other. At some
time it has been said, that I have not been at the pains to
conceal my contempt of the people; but when it suits a pur-
pose better, it is asserted that I cajole them. I do neither
one nor the other. The voice of approbation. Sir, when I
think that approbation well earned, I confess is grateful to
my ears; but I would disdain it, if it is to be purchased by a
sacrifice of my duty, or the dictates of my conscience. No,
Sir, I go practically into this system; I have gone into it
practically when the doors were shut, when it could not be
alleged that I cajoled tha people; and I now endeavor to

The Debate in the Convention. 321

show that the true and only safe principle for a free people,
is a practical recognition of their original and supreme
authority.

I say, Sir, that it was the design of this system, to take
some power from the State government, and to place it in
the general government. It was also the design, that the
people should be admitted to the exercise of some powers
which they did not exercise under the present confederation.
It was thought proper that the citizens, as well as the States,
should be represented; how far the representation in the
senate is a representation of States, we shall see by and by,
when we come to consider that branch of the federal govern-
ment.

This system, it is said, ' ' unhinges and eradicates the State
governments, and was systematically intended so to do;" to
establish the intention^ an argument is drawn from Art. ist
sect. 4th, on the subject of elections. I have already had
occasion to remark upon this, and shall therefore pass on to
the next objection — that the last clause of the 8th sect, of
the ist article, gives the power of self-preservation to the
general government, independent of the States. For in case
oit\\Q.\r abolition^ it will be alleged in behalf of the general
government, that self-preservation is the first law, and neces-
sary to the exercise of all other powers.

Now let us see what this objection amounts to. Who are
to have this self-preserving power? The Congress. Who are
Congress? It is a body that will consist of a senate and a
house of representatives. Who compose this senate ? Those
who are elected by the legislatures of the different States.
Who are the electors of the house of representatives? Those
who are qnalified to vote for the most numerous branch of
the legislature in the separate States. Suppose the State
legislatures annihilated, where is the criterion to ascertain the
qualification of electors? and unless this be ascertained, they
cannot be admitted to vote; if a state legislature is not
elected, there can be no senate, because the senators are to be
chosen by the legislatures only.

This is a plain and simple deduction from the constitution,

322 The Debate in the Convention.

and yet the objection is stated as conclnsive upon an argu-
ment expressly drawn from the last clause of this section.

It is repeated, with confidence, "that this is not z. federal
government, but a complete one, with legislative, executive
and judicial powers: it is a consolidating government." I
have already mentioned the misuse of the term; I wish the
gentleman would indulge us with his definition of the word.
If, when he says it is a consolidation, he means so far as re-
lates to the general objects of the union — so far it was in-
tended to be a consolidation, and on such a consolidation,
perhaps, our very existence, as a nation, depends. If, on the
other hand (as something which has been said seems to in-
dicate) he (Mr. Findley) means that it will absorb the govern-
ments of the individual States, so far is this position from be-
ing admitted, that it is unanswerably controverted. The
existence of the State government, is one of the most promi-
nent features of this system. With regard to those purposes
which are allowed to be for the general welfare of the union,
I think it no objection to this plan, that we are told it is a
complete government. I think it no objection, that it is al-
leged the government will possess legislative, executive and
judicial powers. Should it have only legislative authority?
We have had examples enough of such a government, to
deter us from continuing it. Shall Congress any longer con-
tinue to make requisitions from the several States, to be
treated sometimes with silent, and sometimes with declared
contempt? For what purpose give the power to make laws,
unless they are to be executed? and if they are to be exe-
cuted, the executive and judicial powers will necessarily be
engaged in the business.

Do we wish a return of those insurrections and tumults to
which a sister State was lately exposed? or a government
of such insufficiency as the present is found to be ? Let me,
Sir, mention one circumstance in the recollection of every
honorable gentleman who hears me. To the determination
of Congress are submitted all disputes between States, con-
cerning boundary, jurisdiction, or right of soil. In conse-
quence of this power, after much altercation, expense of time,

The Debate in the Convention, 323

and considerable expense of money, this State was successful
enough to obtain a decree in her favor, in a difference then
subsisting between her and Connecticut; but what was the
consequence ? the Congress had no power to carry the decree
into execution. Hence the distraction and animosity, which
have ever since prevailed, and still continue in that part of
the country. Ought the government then to remain any
longer incomplete? I hope not; no person can be so insen-
sible to the lessons of experience as to desire it.

It is brought as an objection "that there will be a rival-
ship between the State governments and the general govern-
ment; on each side endeavors will be made to increase
power. ' '

Let us examine a little into this subject. The gentlemen
tell you, Sir, that they expect the States will not possess any
power. But I think there is reason to draw a different con-
clusion. Under this system their respectability and power
will increase with that of the general government. I believe
their happiness and security will increase in a still greater
proportion. Let us attend a moment to the situation of this
country: it is a maxim of every government, and it ought
to be a maxim with us, that the increase of numbers increases
the dignity, the security, and the respectability of all govern-
ments; it is the first command given by the Deity to man,
increase and multiply; this applies with peculiar force to this
country, the smaller part of whose territory is yet inhabited.
We are representatives, Sir, not merely of the present age,
but of future times; nor merely of the territory along the sea
coast, but of regions immensely extended westward. We
should fill, as fast as possible, this extensive country, with
men who shall live happy, free and secure. To accomplish
this great end ought to be the leading view of all our patri-
ots and statesmen. But how is it to be accomplished, but by
establishing peace and harmony among ourselves, and dignity
and respectability among foreign nations? By these means,
we may draw numbers from the other side of the Atlantic,
in addition to the natural sources of population. Can either
of these objects be attained without a protecting head?

324 The Debate in the Convention.

When we examine history, we shall find an important fact,
and almost the only fact, which will apply to all confedera-
cies.

They have all fallen to pieces, and have not absorbed the
subordinate governments.

In order to keep republics together they must have a strong
binding force, which must be either external or internal.
The situation of this country shows, that no foreign force
can press us together; the bonds of our union ought therefore
to be indissolubly strong.

The power of the States, I apprehend, will increase with
the population, and the happiness of their inhabitants. Un-
less we can establish a character abroad, we shall be unhappy
from foreign restraints, or internal violence. These reasons,
I think, prove sufficiently the necessity of having a federal
head. Under it the advantages enjoyed by the whole union
would be participated by every State. I wish honorable gen-
tlemen would think not only of themselves, not only of the
present age, but of others, and of future times.

It has been said, "that the State governments will not be
able to make head against the general government;" but it
might be said with more propriety, that the general govern-
ment will not be able to maintain the powers given it against
the encroachments and combined attacks of the State govern-
ments. They possess some particular advantages, from which
the general government is restrained. By this system, there
is a provision made in the constitution, that no senator or
representative shall be appointed to any civil office under
the authority of the United States, which shall have been
created, or the emoluments whereof shall have been increased,
during the time for which he was elected; and no person
holding any office under the United States can be a member
of either house; but there is no similar security against State
influence, as a representative may enjoy places and even
sinecures under the State governments. On which side is
the door most open to corruption? If a person in the legis-
lature is to be influenced by an office, the general govern-
ment can o-ive him none unless he vacate his seat. When

The Debate in the Convention. 325

the influence of office conies from the State government, he
can retain his seat and salary too. But it is added, under
this head, "that State governments will lose the attachment
of the people, by losing the power of conferring advantages,
and that the people will not be at the expense of keeping
them up." Perhaps the State governments have already
become so expensive as to alarm the gentlemen on that head.
I am told that the civil list of this State amounted to ^40,-
000, in one year. Under the proposed government, I think
it would be possible to obtain in Pennsylvania every advan-
tage we now possess, with a civil list that shall not exceed
one-third of that sum.

How differently the same thing is talked of, if it be a
favorite or otherwise ! When advantages to an officer are to be
derived from the general government, we hear them men-
tioned by the name of bribery^ but when we are told of the
State governments losing the power of conferring advanta-
ges, by the disposal of offices, it is said they will lose the
attadiment of the people. What is in one instance corruption
and bribery, is in another the power of conferring advanta-
ges.

We are informed that "the State elections will be ill at-
tended, and that the State governments will become mere
boards of electors. ' ' Those who have a due regard for their
country, will discharge their duty, and attend ; but those
who are brought only from interest or persuasion had better
stay away; the public will not suffer any disadvantage from
their absence. But the honest citizen, who knows the value
of the privilege, will undoubtedly attend, to secure the man
of his choice. The power and business of the State legisla-
tures relates to the great objects of life, liberty and property;
the same are also objects of the general government.

Certainly the citizens of America will be as tenacious in
the one instance as in the other. They will be interested,
and I hope will exert themselves, to secure their rights not
only from being injured by the State governments, but also
from being injured by the general government.

"The power over election, and of judging of elections,

326 The Debate in the Conventio7t.

gives absolute sovereignty;" this power is given to every
State legislature, yet I see no necessity that the power of
absolute sovereignty should accompany it. My general posi-
tion is, that the absolute sovereignty never goes from the
people.

We are told, "that it will be in the power of the senate to
prevent any addition of representatives to the lower house."

I believe their power will be pretty well balanced, and
though the senate should have a desire to do this, yet the at-
tempt will answer no purpose ; for the house of representatives
will not let them have a farthing of public money, till they
agree to it. And the latter influence will be as strong as the
other.

"Annual assemblies are necessary" it is said — and I an-
swer, in many instances they are very proper. In Rhode
Island and Connecticut they are elected for six months. In
larger States, that period would be found very inconvenient,
but in a government as large as that of the United States, I
presume that annual elections would be more dispropor-
tionate, than elections for six months would be in some of
our largest States.

"The British Parliament took, to themselves the prolonga-
tion of their sitting to seven years. But even in the British
Parliament the appropriations are annual."

But Sir, how is the argument to apply here? — how are the
congress to assume such a power? They cannot assume it
under the constitution, for that expressly provides "the
members of the house of representatives shall be chosen
every two years, by the people of the several States, and the
senators for six years." So if they take it at all, they must
take it by usurpation and force.

"Appropriations may be made for two years, — though in
the British Parliament they are made but for one. ' ' For some
purposes, such appropriations may be made annually, but for
every purpose they are not; even for a standing army, they
may be made for seven, ten, or fourteen years — the civil list
is established during the life of a prince. Another objection
is "that the members of the senate may enrich themselves —

The Debate in the Convention. 327

they may hold their office as long as they live, and there is
no power to prevent them; the senate will swallow up every-
thing." I am not a blind admirer of this system. Some of
the powers of the senators are not with me the favorite parts
of it, but as they stand connected with other parts, there is
still security against the efforts of that body: it was with
great difficulty that security was obtained, and I may risk the
conjecture, that if it is not now accepted, it never will be
obtained again from the same States. Though the senate
was not a favorite of mine, as to some of its powers, yet it
was a favorite with a majority in the Union, and we must sub-
mit to that majority, or we must break up the Union. It is
but fair to repeat those reasons, that weighed with the con-
vention; perhaps I shall not be able to do them justice, but
yet I will attempt to show, why additional powers were given
to the senate, rather than to the house of representatives.
These additional powers, I believe, are, that of trying im-
peachments, that of concurring with the President in making
treaties, and that of concurring in the appointment of officers.
These are the powers that are stated as improper. It is for-
tunate, that in the exercise of every one of them, the Senate
stands controlled; if it is that monster which it said to be, it
can only show its teeth, it is unable to bite or devour. With
regard to impeachments, the senate can try none but such as
will be brought before them by the house of representatives.

The senate can make no treaties; they can approve of none
unless the President of the United States lay it before them.
With regard to the appointment of officers, the President
must nominate before they can vote. So that if the powers of
either branch are perverted, it must be with the approbation
of some one of the other branches of government: thus
checked on each side, they can do no one act of themselves.

"The powers of Congress extend to taxation, to direct tax-
ation, to internal taxation, to poll taxes, to excises, to other
State and internal purposes. ' ' Those who possess the power
to tax, possess all other sovereign power. That their powers
are thus extensive is admitted; and would any thing short of
this have been sufficient? is it the wish of these gentlemen?

328 The Debate in the Conventiojt.

If it is, let us hear their sentiments, that the general govern-
ment should subsist on the bounty of the States. Shall it
have the power to contract, and no power to fulfil the con-
tract? Shall it have the power to borrow money, and no
power to pay the principal or interest? Must we go on, in
the track that we have hitherto pursued? and must we again
compel those in Europe, who lent us money in our distress,
to advance the money to pay themselves interest on the certi-
ficates of the debts due to them?

This was actually the case in Holland, the last year. Like
those who have shot one arrow, and cannot regain it, they
have been obliged to shoot another in the same direction, in
order to recover the first. It was absolutely necessary. Sir,
that this government should possess these rights, and why
should it not as well as the State governments? Will this
government be fonder of the exercise of this authority, than
those of the States are? Will the States, who are equally re-
presented in one branch of the legislature, be more opposed
to the payment of what shall be required by the future, than
what has been required by the present Congress? Will the
people, w''^ o must indisputably pay the whole, have more
objections to the payment of this tax, because it is laid by
persons of their own immediate appointment, even if those
taxes were to continue as oppressive as they now are? — but
under the general power of this system, that cannot be the
case in Pennsylvania. Throughout the union, direct taxa-
tion will be lessened, at least in proportion to the increase
of the other objects of revenue. In this constitution, a power
is given to Congress to collect imposts, which is not given
by the present articles of confederation. A very consider-
able part of the revenue of the United States will arise from
that source; it is the easiest, most just, and most productive
mode of raising revenue; and it is a safe one, because it is
voluntary. No man is obliged to consume more than he
pleases, and each buys in proportion only to his consumption.
The price of the commodity is blended with the tax, and
the person is often not sensible of the payment. But would
it have been proper to have rested the matter there? Sup-

TJie Debate in the Cotivenfion. 329

pose tlie funds should not prove sufficient, ought the public
debts to remain unpaid? — or the exigencies of government
be left unprovided for? Should our tranquility be exposed
to the assaults of foreign enemies, or violence among our-
selves, because the objects of commerce may not furnish a
sufficient revenue to secure them all? Certainly Congress
should possess the power of raising revenue from their con-
stituents, for the purpose mentioned in the eighth section
of the first article, that is '.'to pay the debts and provide for
the common defence and general welfare of the United
States. ' ' It has been common with the gentlemen, on this
subject, to present us with frightful pictures. We are told
of the hosts of tax-gatherers that will swarm through the
land; and whenever takes are mentioned, military force
seems to be an attending idea. I think I may venture to
predict, that the taxes of the general government (if any
shall be laid) will be more equitable, and much less expen-
sive, than those imposed by the State government.

I shall not go into an investigation of this subject; but it
must be confessed, that scarcely any mode of laying and col-
lecting taxes can be more burdensome than the present.

Another objection is, " that Congress may borrow money,
keep up standing armies, and command the militia." The
present Congress possesses the power of borrowing money and
of keeping up standing armies. Whether it will be proper
at all times to keep up a body of troops, will be a question
to be determined by Congress; but I hope the necessity will
not subsist at all times; but if it should subsist, where is the
gentleman that will say that they ought not to possess the
necessary power of keeping them up?

It is urged, as a general objection to this system, that "the
powers of Congress are unlimited and undefined, and that
they will be the judges, in all cases, of what is necessary and
proper for them to do." To bring this subject to your view,
I need do no more than point to the words in the constitution,
beginning at the 8th sect. art. ist. "The Congress (it says)
shall have power, &c. ' ' I need not read over the words, but
I leave it to every gentleman to say whether the powers are

330 The Debate in the Convoition.

not as accurately and minutely defined, as can be well done
on the same subject, in the same language. The old consti-
tution is as strongly marked on the subject; and even the
concluding clause, with which so much fault has been found,
gives no more, or other powers; nor does it in any degree
go beyond the particular enumeration; for when it is said,
that Congress shall have power to make all laws which shall
be necessary and proper, those words are limited, and defined
by the following, "for carrying into execution the forego-
ing powers." It is saying no more than that the powers we
have already particularly given, shall be effectually carried
into execution.

I shall not detain the house, at this time, with any further
observations on the liberty of the press, until it is shown that
Congress have any power whatsoever to interfere with it, by
licensing it, or declaring what shall be a libel.

I proceed to another objection, which was not so fully
stated as I believe it will be hereafter; I mean the objection
against the judicial department. The gentleman from West-
moreland only mentioned it to illustrate his objection to the
legislative department. He said "that the judicial powers
were so co-extensive with the legislative powers, and extend
even to capital cases." I believe they ought to be co-exten-
sive, otherwise laws would be framed, that could not be exe-
cuted. Certainly, therefore, the executive and judicial de-
partments ought to have power commensurate to the extent
of the laws ; for, as I have already asked, are we to give power
to inake laws, and no power to carry them into effect?

I am happy to mention the punishment annexed to one
crime. You will find the current running strong in favor of
humanity. For this is the first instance in which it has not
been left to the legislature, to extend the crime and punish-
ment of treason so far as they thought proper. This punish-
ment, and the description of this crime, are the great sources
of danger and persecution, on the part of government against
the citizen. Crimes against the state! and against the offi-
cers of the state! History informs us, that more wrong may
be done on this subject than on any other whatsoever. But

The Debate in the Convention. 331

under this constitution, there can be no treason against the
United States, except such as is dejfined in this constitution.
The manner of trial is clearly pointed out; the positive testi-
mony of two witnesses to the same overt act, or a confession
in open court, is required to convict any person of treason.
And after all, the consequence of the crime shall extend no
further than the life of the criminal; for no attainder of
treason shall work corruption of blood, or forfeiture, except
during the life of the person attainted.

I come now to consider the last set of objections that are
oflfered against this constitution. It is urged, that this is not
such a system as was within the powers of the convention;
they assumed the power of proposing. I believe they might
have made proposals without going beyond their powers.
I never heard before, that to make a proposal was an exer-
cise of power. But if it is an exercise of power, they certainly
did assume it; yet they did not act as that body who framed
the present constitution of Pennylvania acted; they did not
by an ordinance attempt to rivet the constitution on the
people, before they could vote for members of assembly under
it. Yet such was the effect of the ordinance that attended
the constitution of this commonwealth. I think the late
convention have done nothing beyond their powers. The
fact is, they have exercised no power at all. And in point
of validity, this constitution proposed by them for the gov-
ernment of the United States, claims no more than a pro-
duction of the same nature would claim, flowing from a pri-
vate pen. It is laid before the citizens of the United States,
unfettered by restraint; it is laid before them, to be judged
by the natural, civil and political rights of men. By their
FIAT, it will become of value and authority; without it, it
will never receive the character of authenticity and power.
The business, we are told, which was entrusted to the late
convention, was merely to amend the present articles of con-
federation. This observation has been frequently made, and
has often brought to my mind a story that is related of Mr.
Pope, who it is well known, was not a little deformed. It
was customary with him, to use this phrase, "God mend

332 The Debate in the Convention.

me," when any little incident happened. One evening a
link boy was lighting him along, and coming to a gutter,
the boy jumped nimbly over it — Mr. Pope called to him to
turn, adding, "God mend me:" The arch rogue turned
to light him — looked at him, and repeated, "God mend
you! he would sooner make a half-a-dozen new ones." This
would apply to the present confederation; for it would be
easier to make another than to mend this. The gentlemen
urge, that this is such a government as was not expected by
the people, the legislatures, nor by the honorable gentlemen
who mentioned it. Perhaps it was not such as was ex-
pected, but it may be BETTER; and is that a reason why it
should not be adopted? It is not worse, I trust, than the for-
mer. So that the argument of its being a system not ex-
pected, is an argument more strong in its favor than against
it. The letter which accompanies this constitution, must
strike every person with the utmost force. " The friends of
our country have long seen and desired the power of war,
peace and treaties, that of levying money and regulating
commerce, and the corresponding executive and judicial
authorities, should be fully and effectually vested in the
general government of the union; but the impropriety of
delegating such extensive trust to one body of men, is evi-
dent. Hence results the necessity of a different organisation. ' '
I therefore do not think it can be urged as an objection
against this system, that it was not expected by the people.
We are told, to add greater force to these objections, that
they are not on local, but on general principles, and that
they are uniform throughout the United States. I confess I
am not altogether of that opinion; I think some of the objec-
tions are inconsistent with others, arising from a different
quarter, and I think some are inconsistent even with those
derived from the same source. But, on this occasion, let us
take the fact for granted, that they are all on general princi-
ples, and uniform throughout the United States. Then we
can judge of their full amount; and what are they, but
TRIFLES LIGHT AS AIR? We see the whole force of them;
for according to the sentiments of opposition, they can no

The Debate in the Convention. 333

where be stronger, or more fully stated, than here. The con-
clusion, from all these objections, is reduced to a point, and
the plan is declared to be inimical to our liberties. I have
said nothing, and mean to say nothing, concerning the dispo-
sitions or characters of those that framed the work now before
you. I agree that it ought to be judged by its own intrinsic
qualities. If it has not merit, weight of character ought not
to carry it into effect. On the other hand, if it has merit and
is calculated to secure the blessings of liberty and to promote
the general welfare, then such objections as have hitherto
been made ought not to influence us to reject it.

I am now led to consider those qualities that this system
of government possesses, which will entitle it to the attention
of the United States. But as I have somewhat fatigued my-
self, as well as the patience of the honorable members of this
house, I shall defer what I have to add on this subject until
the afternoon.

Before I proceed to consider those qualities in the consti-
tution before us, which I think will endure in our approba-
tion, permit me to make some remarks, and they shall be
very concise, upon the objections that were offered this fore-
noon, by the member from Fayette (Mr. Smilie). I do it at
this time, because I think it will be better to give a satisfac-
tory answer to the whole of the objections, before I proceed to
the other part of my subject. I find that the doctrine of a
single legislature is not to be contended for in this constitu-
tion. I shall therefore say nothing on that point. I shall
consider that part of the system, when we come to view its
excellencies. Neither shall I take particular notice of his
observation on the qualified negative of the president; for
he finds no fault with it; he mentions, however, that he
thinks it a vain and useless power, because it can never be
executed. The reason he assigns for this is, that the king
of Great Britain, who has an absolute negative over the laws
proposed by parliament, has never exercised it, at least
not for many years. It is true, and the reason why he did
not exercise it, was, that during all that time, the king pos-
sessed a negative before the bill had passed through the two

334 '^^^^ Debate in the Convention.

houses; a much stronger power than a negative after debate.
I believe, since the revolution, at the time of William the
Third, it was never known that a bill disagreeable to the
crown passed both houses. At one time in the reign of
Queen Anne, when there appeared some danger of this being
effected, it is well known that she created twelve peers, and
by that means effectually defeated it. Again, there was
some risk of late years in the present reign, with regard to
Mr. Fox's East-India bill, as it is usually called, that passed
through the house of commons, but the king had interest
enough in the house of peers, to have it thrown out; thus it
never came up for the royal assent. But that is no reason
why this negative should not be exercised here, and exer-
cised with great advantage. Similar powers are known in
more than one of the States. The governors of Massachusetts
and New York have a power similar to this; and it has been
exercised frequently, to good effect.

I believe the governor of New York, under this power,
has been known to send back five or six bills in a week; and
I well recollect that at the time the funding system was
adopted by our legislature, the people in that State considered
the negative of the governor as a great security that their
legislature would not be able to incumber them by a similar
measure. Since that time an alteration has been supposed
in the governor's conduct, but there has been no alteration
in his power.

The honorable gentleman from Westmoreland (Mr. Find-
ley) by his highly refined critical abilities, discovers an in-
consistency in this part of the constitution and that which
declares, in section first: "All legislative powers, herein
granted, shall be vested in the Congress of the United States,
which shall consist of a senate and a house of representa-
tives," and yet here, says he, is a power of legislation given
to the president of the United States, because every bill, be-
fore it becomes a law, shall be presented to him: thus he
is said to possess legislative powers. Sir, the convention ob-
served on this occasion strict propriety of language; "if he
approve the bill when it is sent, he shall sign it, but if not,

The Debate i7i the Convention. 335

he shall return it;" but no bill passes in consequence of
having his assent — therefore he possesses no legislative au-
thority.

The effect of his power, upon this subject, is merely this:
if he disapproves a bill, two-thirds of the legislature become
necessary to pass it into a law, instead of a bare majority.
And when two-thirds are in favor of the bill, it becomes a
law, not by his, but by authority of the two houses of the
legislature. We are told, in the next place, by the honorable
gentleman from Fayette (Mr. Smilie) that in the different
orders of mankind, there is that of a natural aristocracy. On
some occasions, there is a kind of magical expression, used to
conjure up idesfs, that may create uneasiness and apprehen-
sion. I hope the meaning of the words is understood by the
gentleman who used them. I have asked repeatedly of gen-
tlemen to explain, but have not been able to obtain the ex-
planation of what they meant by a consolidated government.
They keep round and round about the thing, but never de-
fine. I ask now what is meant by a natural aristocracy? I
am not at a loss for the etymological definition of the term,
for, when we trace it to the language from which it is de-
rived, an aristocracy means nothing more or less than a
government of the best men in the community, or those who
are recommended by the words of the constitution of Penn-
sylvania, where it is directed, that the representatives should
consist of those most noted for wisdom and virtue. Is there
any danger in such representation? I shall never find fault,
that such characters are employed. Happy for us, when
such characters can be obtained. If this is meant by a
natural aristocracy, and I know no other, can it be objection-
able that men should be employed that are most noted for
their virtue and talents? And are attempts made to mark
out these as the most improper persons for the public confi-
dence?

I had the honor of giving a definition, and I believe it was
a just one, of what is called an aristocratic government. It
is a government where the supreme power is not retained by
the people, but resides in a select body of men, who either fill

336 The Debate 211 the Convention.

up the vacancies that happen by their own choice and elec-
tion, or succeed on the principle of descent, or by virtue of
territorial possessions, or some other qualifications that are
not the result of personal properties. When I speak of per-
sonal properties, I mean the qualities of the head and the dis-
position of the heart.

We are told that the representatives will not be known to
the people, nor the people to the representatives, because they
will be taken from large districts where they cannot be par-
ticularly acquainted. There has been some experience in
several of the States upon this subject, and I believe the ex-
perience of all who have had experience, demonstrates that
the larger the district of election, the better the representa-
tion. It is only in remote corners of a government, that
little demagogues arise. Nothing but real weight of charac-
ter, can give a man real influence over a large district. This
is remarkably shown in the commonwealth of Massachusetts.
The members of the house of representatives are chosen in
very small districts, and such has been the influence of party
cabal and little intrigue in them, that a great majority seem
inclined to show very little disapprobation of the conduct of
the insurgents in that State.

The governor is chosen by the people at large, and that
State is much larger than any district need be under the pro-
posed constitution. In their choice of their governor, they
have had warm disputes; but however warm the disputes, their
choice only vibrated between the most eminent characters.
Four of their candidates are well known; Mr. Hancock, Mr.
Bowdoin, General Lincoln, and ]\Ir. Gorham, the late presi-
dent of Congress.

I apprehend it is of more consequence to be able to know
the true interest of the people, than their faces; and of more
consequence still, to have virtue enough to pursue the means
of carrying that knowledge usefully into effect. And surely
when it has been thought hitherto, that a representation in
Congress of from five to two members, was sufficient to re-
present the interest of this State, is it not more than suffi-
cient to have ten members in that bodv? and those in a

The Debate in the Cojivent^on. 337

greater comparative proportion than heretofore? The citizens
of Pennsylvania will be represented by eight, and the State
by two. This, certainly, though not gaining enough, is
gaining a good deal; the members will be more distributed
through the State, being the immediate choice of the people,
who hitherto have not been represented in that body. It is
said that the house of representatives will be subject to cor-
ruption, and the senate possess the means of corrupting, by
the share they have in the appointment to office. This was
not spoken in the soft language of attachment to government.
It is perhaps impossible, with all the caution of legislators
and statesmen, to exclude corruption and undue influence
entirely from government. All that can be done, upon this
subject, is done in the constitution before you. Yet it be-
hoves us to call out, and add, ever>' guard and preventative
in our power. I think, Sir, something very important, on
this subject, is done in the present system. For it has been
provided, effectually, that the man that has been bribed by
an office, shall have it no longer in his power to earn his
wages. The moment he is engaged to serve the senate, in
consequence of their gift, he no longer has it i-n his power to
sit in the house of representatives. For "no representative
shall, during the term for which he w^as elected, be appointed
to any civil office, under the authority of the United vStates,
which shall have been created, or the emoluments whereof
shall have been increased during such time." And the fol-
lowing annihilates corruption of that kind: "and no person
holding any office under the United States, shall be a mem-
ber of either house, during his continuance in office." So
that the mere acceptance of an office as a bribe, effectually
destroys the end for which it was offered. Was this attended
to when it was mentioned, that the members of the one
house could be bribed by the other? "But the members of
the senate may enrich themselves, ' ' was an observation made
as an objection to this system. As the mode of doing this
has not been pointed out, I apprehend the objection is not
much relied upon. The senate are incapable of receiving any
money except what is paid them out of the public treasury.

33S The Debate in the Convention.

They cannot vote to themselves a single penny, unless the
proposition originates from the other house. This objection
therefore is visionary like the following one, "that pictured
group, that numerous host and prodigious swarm of officers,
which are to be appointed under the general government."
The gentlemen tell you that there must be judges of the su-
preme and judges of the inferior courts, with all their appen-
dages. There will be tax-gatherers swarming throughout the
land. Oh ! say they, if we could ennumerate the offices and
the numerous officers that must be employed every day in
collecting and receiving and comptrolling the moneys of the
United States, the number would be almost beyond imagina-
tion. I have been told, but I do not vouch for the fact, that
there are not in some shape or another more than a thousand
persons in this very state who get their living in assessing
and collecting our revenues from the other citizens. Sir,
when this business of revenue is conducted on a general plan,
we may be able to do the business of the thirteen states
with an equal, nay, with a less number — instead of thirteen
comptroller generals, one comptroller will be sufficient; I
apprehend that the number of officers under this system will
be greatly reduced from the number now employed. For as
congress can now do nothing effectually, the states are obliged
to do everything. And in this very point, I apprehend that
we shall be great gainers.

Sir, I confess I wish the powers of the senate were not as
they are. I think it would have been better if those powers
had been distributed in other parts of the system. I men-
tioned some circumstances in the forenoon, that I had ob-
served on this subject. I may mention now, we may think
ourselves very well off. Sir, that things are as well as they
are, and that that body is even so much restricted. But
surely objections of this kind come wath a bad grace from the
advocates, or those who prefer the present confederation,
and wdio wish only to increase the powers of the present Con-
gress. A single body, not constituted with checks like the
proposed one, who possess not only the power of making
treaties, but executive powers, would be a perfect despotism;

TJie Debate in the Convention, ^ 339

but, further, these powers are, in the present confederation,
possessed without control.

As I mentioned before, so I will beg leave to repeat, that
this senate can do nothing without the concurrence of some
other branch of the government. With regard to their con-
cern in the appointment to offices, the president must nomi-
nate before they can be chosen; the president must acqui-
esce in that appointment. With regard to their power in
forming treaties, they can make none, they are only auxil-
iaries to the president. They must try all impeachments ;
but they have no power to try any until presented by the house
of representatives; and when I consider this subject, though
I wish the regulations better, I think no danger to the liber-
ties of this country can arise even from that part of the sys-
tem. But these objections, I say, come with a bad grace
from those who prefer the present confederation, who think
it only necessary to add more powers to a body organized in
that form. I confess, likewise, that by combining those pow-
ers, of trying impeachments, and making treaties, in the
same body, it will not be so easy as I think it ought to be,
to call the senators to an account for any improper conduct
in that business.

Those who proposed this system, were not inattentive to
do all they could. I admit the force of the observation, made
by the gentleman from Fayette (Mr. Smilie) that when two-
thirds of the senate concur in forming a bad treaty, it will
be hard to procure a vote of two-thirds against them, if they
should be impeached. I think such a thing is not to be ex-
pected; and so far they are without that immediate degree of
responsibility, which I think requisite to make this part of
the work perfect. But this will not be always the case.
When a member of senate shall behave criminally, the
criminality will not expire with his office. The senators
may be called to account after they shall have been changed,
and the body to which they belonged shall have been altered.
There is a rotation; and every second year one-third of the
whole number go out. Every fourth year two-thirds of them
are changed. In six years the whole body is supplied by a

340 The Debate in the Convention.

new one. Considering it in this view, responsibility is not
entirely lost. There is another view in which it ought to be
considered, which will show that we have a greater degree
of security. Though they may not be convicted on impeach-
ment before the senate, they may be tried by their country:
and if their criminality is established, the law will punish.
A grand jury may present, a petty jury may convict, and
the judges will pronounce the punishment. This is all that
can be done under the present confederation, for under it
there is no power of impeachment; even here then we gain
something. Those parts that are exceptionable in this con-
stitution, are improvements on that concerning which so
much pains are taken to persuade us, that it is preferable to
the other.

The last observation respects the judges. It is said that
if they dare to decide against the law, one house will impeach
them, and the other will convict them. I hope gentlemen
will show how this can happen, for bare supposition ought
not to be admitted as proof The judges are to be im-
peached, because they decide an act null and void, that was
made in defiance of the constitution ! What house of repre-
sentatives would dare to impeach, or senate to commit judges
for the performance of their duty? These observations are
of a similar kind to those with regard to the liberty of the
press.

I will now proceed to take some notice of those qualities
in this constitution, that I think entitle it to our respect and
favor. I have not yet done. Sir, with the great principle
on which it stands; I mean the practical recognition of this
doctrine, that in the United States the people retain the
supreme power.

In giving a definition of the simple kinds of government
known throughout the world, I have occasion to describe
what I meant by a democracy; and I think I termed it, that
government in which the people retain the supreme power,
and exercise it either collectively or by representation. This
constitution declares this principle in its terms and in its
consequences, which is evident from the manner in which

The Debate in the Convention. 341

it is announced — "WE, THE people of the United
States. After all the examination which I am able to
give the subject, I view this as the only sufficient and the
most honorable basis, both for the people and government,
on which our constitution can possibly rest. What are all
the contrivances of states, of kingdoms and empires? What
are they all intended for? They are all intended for man,
and our natural character and natural rights are certainly
to take place, in preference to all artificial refinements that
human wisdom can devise.

I am astonished to hear the ill-founded doctrine, that
States alone ought to be represented in the federal govern-
ment; these must possess sovereign authority forsooth, and
the people be forgot! No: let us reascend to first principles.
That expression is not strong enough to do my ideas justice,
I^et us RETAIN first principles. The people of the United
States are now in the possession and exercise of their original
rights, and while this doctrine is known and operates, we
shall have a cure for every disease.

I shall mention another good quality belonging to this
system. In it the legislative, executive and judicial powers
are kept nearly independent and distinct. I express myself
in this guarded manner because I am aware of some powers
that are blended in the senate. They are but few, and they
are not dangerous. It is an exception, yet that exception
consists of but few instances and none of them dangerous. I
believe in no constitution for any country on earth is this
great principle so strictly adhered to or marked with so much
precision and accuracy as in this. It is much more accurate
than that which the honorable gentleman so highly extols, I
mean the constitution of England. There, Sir, one branch of
the legislature can appoint the members of another. The
king has the power of introducing members into the House
of Lords. I have already mentioned that in order to obtain
a vote, twelve peers were poured into that house at one time;
the operation is the same as might be under this constitution
if the president had a right to appoint the members of the
senate. This power of the king's extends into the other

342 The Debate in the Convention.

branch, where, though he cannot immediately introduce a
member, yet he can do it remotely by virtue of his preroga-
tive as he may create boroughs with power to send members to
the House of Commons. The House of Lords form a much
stronger exception to this principle than the senate in this
system; for the House of Lords possess judicial powers, not
only that of trying impeachments, but that of trying their
own members, and civil causes when brought before them
from the courts of chancery and the other courts in England.

If we therefore consider this constitution with regard to
this special object, though it is not so perfect as I would
wish, yet it is more perfect than any other government that I
know.

I proceed to another property which I think will recom-
mend it to those who consider the effects of beneficence and
wisdom. I mean the division of this legislative authority into
two branches. I had an opportunity of dilating somewhat on
this subject before, and as it is not likely to afford a subject
of debate, I shall take no further notice of it, than barely to
mention it. The next good quality that I remark is that the
executive autJiority is one ; by this means we obtain very im-
portant advantages. We may discover from history, from
reasoning, and from experience, the security which this fur-
nishes. The executive power is better to be trusted when it
has no screen. Sir, we have a responsibility in the person of
our president; he cannot act improperly and hide either his
negligence or inattention; he cannot roll upon any other per-
son the weight of his criminality. No appointment can take
place without his nomination; and he is responsible for every
nomination he makes. We secure vigor. We well know what
numerous executives are; we know there is neither vigor,
decision nor responsibility in them. Add to all this: That
officer is placed high, and is possessed of power far from be-
ing contemptible, yet not a single privilege is annexed to his
character; far from being above the laws^ he is amenable to
them in his private character as a citizen., and in his public
character by impeachment.

Sir, it has often been a matter of surprise, and frequently

The Debate in the Conventiojt. 343

complained of even in Pennsylvania, that the independence
of the judges is not properly secured. The servile depen-
dence of the judges, in some of the States, that have neg-
lected to make proper provision on this subject, endangers
the liberty and property of the citizen ; and I apprehend that
whenever it has happened that the appointment has been for
a less period than during good behaviour, this object has not
been sufficiently secured; for if every five or seven years the
judges are obliged to make court for a re-appointment to of-
fice, they cannot be styled independent. This is not the case
with regard to those appointed under the general government,
for the judges here shall hold their offices during good be-
haviour. I hope no further objections will be taken against
this part of the constitution, the consequence of which will
be that private property (so far as it comes before their courts)
and personal liberty, so far as it is not forfeited by crimes,
will be guarded with firmness and watchfulness.

It may appear too professional to descend into observations
of this kind, but I believe that public happiness, personal
liberty and private property, depend essentially upon the able
and upright determinations of independent judges.

Permit me to make one more remark on the subject of the
judicial department. Its objects are extended beyond the
bounds of power of every particular State, and therefore must
be proper objects of the general government. I do not recol-
lect any instance where a case can come before the judiciary
of the United States that could possibly be determined by a
particular State, except one, which is, where citizens of the
same state claim lands under the grant of different States,
and in that instance the power of the two States necessarily
comes in competition; wherefore there would be great im-
propriety in having it determined by either.

Sir, I think there is another subject with regard to which
this constitution deserves approbation. I mean the accuracy
with which the line is dj'awn between the powers of the gen-
eral government^ and that of the particular State govern-
ments. We have heard some general observations on this
subject, from the gentlemen who conduct the opposition.

344 '^^^^ Debate in the Convention.

Tliey have asserted that these powers are unlimited and un-
defined. These words are as easily pronounced as limited and
defined. They have already been answered by my honorable
colleague (Mr. INI'Kean) therefore, I shall not enter into an
explanation; but it is not pretended, that the line is drawn
with mathematical precision; the inaccuracy of language
must, to a certain degree, prevent the accomplishment of such
a desire. Whoever views the matter in a true light, will see
that the powers are as minutely enumerated and defined as
was possible, and will also discover that the general clause,
against which so much exception is taken, is nothing more
than what was necessary to render effectual the particular
powers that are granted.

But let us suppose (and the supposition is very easy in the
minds of the gentlemen on the other side) that there is some
difficulty in ascertaining where the true line lies. Are we
therefore thrown into despair? Are disputes between the
general government and the State governments to be neces-
sarily the consequence of inaccuracy? I hope. Sir, they will
not be the enemies of each other, or resemble comets in
conflicting orbits mutually operating destruction: but that
their motion will be better represented by that of the plane-
tary system, where each part moves harmoniously within its
proper sphere, and no injury arises by interference or opposi-
tion. Every part, I trust, will be considered as a part of the
United States. Can any cause of distrust arise here? Is
there any increase of risk? or rather are not the enumerated
powers as well defined here as in the present articles of con-
federation ?

Permit me to proceed to what I deem another excellency
of this system — all authority of ever}- kind is derived by REP-
RESENTATION front the PEOPLE and tJie DEMOCRATIC
piHnciple is carried into every part of the government. I had
an opportunity when I spoke first of going fully into an elu-
cidation of this subject. I mean not now to repeat wdiat I
then said.

I proceed to another quality that I think estimable in this
system, it secures in the strongest manner tJie right of suffrage.

TJie Debate in the Convention. 345

Montesquieu, book 2cl, ch. 2d, speaking of laws relative to
democracy, says:

"When the body of the people is possessed of the suprkmk
POWER, this is called a democracy. When the SUPRKMK
POWER is lodged in the hands of a part of the people, it is
then an aristocracy.

"In a democracy the people are in some respects the sove-
reign, and in others the subject.

"There can be no exercise of sovereignty but by their suf-
frages, which are their own will. Now, the sovereign's will
is the sovereign himself. The laws, therefore, which estab-
lish the right of suffrage are fundamental to this government.
And indeed it is as important to regulate in a republic in
what manner, by whom, to whom, and concerning what,
suffrages are to be given, as it is in a monarchy, to know
who is the prince, and after what manner he ought to gov-
ern."

In this system it is declared that the electors in each state
shall have the qualification requisite for electors of the most
numerous branch of the state legislature. This being made
the criterion of the right of suffrage, it is consequently se-
cured, because the same constitution guarantees to every state
in the union a republican form of government. The right of
suffrage is fundamental to republics.

Sir, there is another principle that I beg leave to mention.
Representation and direct taxation under this constitution are
to be according to numbers. As this is a subject which I be-
lieve has not been gone into in this house, it will be worth while
to show the sentiments of some respectable writers thereon.
Montesquieu, in considering the requisites in a confederate
republic, book 9th, ch. 3d, speaking of Holland observes, "It
is difficult for the United States to be all of equal power and
extent. The Lycian* republic was an association of twenty-
three towns; the large ones had three votes in the common
council, the middling ones two, and the small towns one.
The Dutch republic consists of seven provinces of different
extent of territory which have each one voice.

* Strabo, lib. 14.

346 The Debate i7i the Convention.

The cities of Lycia^ contribiited to the expenses of the state
according to the proportion of suffrages. The provinces of the
United Netherlands cannot follow this proportion ; they must
be directed by that of their power.

In L}ciat the judges and town magistrates were elected by
the common council, and according to the proportion already
jnentioned. In the repiiblic of Holland, they are not chosen
by the common council, but each town names its magistrates.
Were I to give a model of an excellent confederate republic,
I should pitch upon that of Lycia.

I have endeavored, in all the books that I could have access
to, to acquire some information relative to the Lycian repub-
lic, but its history is not to be found ; the few facts that relate
to it are mentioned only by Strabo ; and however excellent
the model it might present, we were reduced to the necessity
of working without it. Give me leave to quote the sentiments
of another author, whose peculiar situation and extensive
worth throws a lustre on all he says — I mean Mr. Neckar —
whose ideas are very exalted both in theory and practical
knowledge on this subject. He approaches the nearest to the
truth in his calculations from experience, and it is very re-
markable that he makes use of that expression. His words
are::]: "Population can therefore be only looked on as an ex-
act measure of comparison, when the provinces have resources
nearly equal; but even this imperfect rule of proportion ought
not to be neglected. And of all the objects which may be
subjected to a determined and positive calculation, that of the
taxes to the population approaches nearest to the truth."

Another good quality in this constitution is, that the mem-
bers of the legislature cannot hold offices under the authority
of this government. The operation of this, I apprehend, would
be found to be very extensive and very salutary in this coun-
try, to prevent those intrigues, those factions, that corruption,
that would otherwise rise here, and have risen so plentiful in
every other country. The reason why it is necessary in Eng-
land to continue such influence, is that the crown, in order
to secure its own influence against two other branches of the

* Strabo, lib. 14. flbid. j Neckar ou Finance, vol. i., p. 30S.

The Debate in the Coiivention. 347

legislature, must continue to bestow places, but ^\os^ places
produce the opposition which frequently runs so strong in the
British Parliament.

Members who do not enjoy offices combine against those
who do enjoy them. It is not from principle that they thwart
the ministry in all its operations. No; their language is:
Let us turn them out and succeed to their places. The great
source of corruption in that country, is that persons may hold
offices under the crown, and seats in the legislature at the
same time.

I shall conclude at present, and I have endeavored to be as
concise as possible, with mentioning that, in my humble
opinion, the powers of the general government are necessary
and well denned; that the restraints imposed on it, and those
imposed on the State governments, are rational and salutary,
and that it is entitled to the approbation of those for whom
it was intended.

I recollect, on a former day, the honorable gentleman from
Westmoreland (Mr. Findley), and the honorable gentleman
from Cumberland (Mr. Whitehill), took exceptions against
the first clause of the 9th sect., art. i, arguing very unfairly,
that because Congress might impose a tax or duty of ten dol-
lars on the importation of slaves within any of the United
States, Congress might therefore permit slaves to be imported
within this State, contrary to its laws. I confess I little
thought that this part of the system would be excepted to.

I am sorry that it could be extended no further; but so far
as it operates, it presents us with the pleasing prospect that
the rights of mankind will be acknowledged and established
throughout the Union.

If there was no other lovely feature in the constitution but
this one, it would diffuse a beauty over its whole countenance.
Yet the lapse of a few years, and Congress will have power
to exterminate slavery from within our borders.

How would such a delightful prospect expand the breast
of a benevolent and philanthropic European! Would he
cavil at an expression, catch at a phrase? No, Sir; that is
only reserved for the gentleman on the other side of your

348 The Debate in the Convention.

chair to do. What would be the exultation of that great
man, whose name I have just mentioned, we may learn from
the following sentiments on this subject. They cannot be
expressed so well as in his own words. *

"The colonies of France contain, as we have seen, near five
hundred thousand slaves, and it is from the number of these
wretches that the inhabitants set a value on their plantations.
What a fatal prospect! and how profound a subject for reflec-
tion! Alas! how inconsequent we are, both in our morality
and our principles. We preach up humanity, and yet go
every year to bind in chains twenty thousand natives of
Africa! We call the Moors barbarians and ruffians because
they attack the liberty of Europeans at the risk of their own;
yet these Europeans go without danger and as mere specu-
lators to purchase slaves, by gratifying the cupidity of their
masters, and excite all those bloody scenes which are the
usual prelimiuaries of this traffic! In short, we pride ourselves
on the superiority of man, and it is with reason that we dis-
cover this superiority in the wonderful and mysterious unfold-
ing of the intellectual faculties; and yet a trifling difference
in the hair of the head or in the color of the epidermis, is suf-
ficient to change our respect into contempt, and to engage us
to place beings like ourselves, in the rank of those animals
devoid of reason, whom we subject to the yoke, that we may
make use of their strength and of their instinct at command.

"I am sensible, and I grieve at it, that these reflections
which others have made much better than me, are unfortu-
nately of very little use! The necessity of supporting sove-
reign power has its peculiar laws, and the wealth of nations
is one of the foundations of this power: thus the sovereign
who should be the most thoroughly convinced of what is due
to humanity, would not singly renounce the service of slaves
in his colonies; time alone could furnish a population of free
people to replace them, and the great difference that would
exist in the price of labor would give so great an advantage
to the nation that should adhere to the old custom that the
others would soon be discouraged in wishing to be more vir-

*Vol. i., p. 329.

ihe Debate in the Convention. 349

tuous. And yet, would it be a chimerical project to propose
a general compact by which all the European nations should
unanimously agree to abandon the traffic of African slaves!
They would in that case find themselves exactly in the same
proportion relative to each other as at present; for it is only on
comparative riches that the calculations of power are founded.

"We cannot as yet indulge such hopes; statesmen in gen-
eral think that every common idea must be a low one, and
since the morals of private people stand in need of being
curbed and maintained by the laws, we ought not to wonder
if those of sovereigns conform to their independence.

"The time may nevertheless arrive when, fatigued of that
ambition which agitates them and of the continual rotation
of the same anxieties and the same plans, they may turn their
views to the great principles of humanity; and if the pres-
ent generation is to be witness of this happy revolution, they
may at least be allowed to be unanimous in offering up their
vows for the perfection of the social virtues and for the pro-
gress of public beneficial institutions."

These are the enlarged sentiments of that great man.

Permit me to make a single observation in this place on
the restraints placed on the State governments. If only the
following lines were inserted in this constitution, I think it
would be worth our adoption: "No State shall hereafter emit
bills of credit; — make anything but gold and silver coin a
tender \rv payment of debts; pass any bills of attainder, ex
post facto law, or lazv impairing the obligation of contracts ^
Fatal experience has taught us, dearly taught us, the value
of these restraints. What is the consequence even at this
moment? It is true we have no tender law in Pennsylvania;
but the moment you are conveyed across the Delaware you
find it haunt your journey and follow close upon your heels.
The paper passes commonly at twenty-five or thirty per cent,
discount. How insecure is property !

These are a few of those properties in this system that I think
recommend it to our serious attention, and will entitle it to re-
ceive the adoption of the United States. Others might be enu-
merated, and others still will probably be disclosed by experi-
ence.

350 The Debate in the Convention.

[Of the debates on the 5th and 6th of December no report
exists. Neither Lloyd nor the newspapers have preserved for
us even a summary. As the convention was in session on
each of these days, the lack of any report can only be ex-
plained by supposing that no shorthand writer was present.
From the manuscript notes of James Wilson, however, it is
possible to get some idea of what was said.]

Wednesday^ December ^th. *

On the morning of the 5th, Mr. Fiudley seems to have
made a long speech on the need of a Bill of Rights ; the
amount of sovereignty it was safe for the States to give up ;
how much the constitution would take from them, and ended
with an appeal for a federal in preference to a consolidated
government. To say that if the constitution were rejected
evil would follow, was, in his opinion, improper. It was act-
ing the tyrant's part and saying, "Take this or nothing."

In the afternoon, Mr. Findley spoke on the partial nega-
tive of the President, on the system of representation, on the
need of annual elections, on the independence of the judges;
declared the internal powers of the proposed new govern-
ment inadmissible"; said there was no guard against Congress
making paper money, and insisted that if the amendments
wanted were not obtained now, they never would be. Mr.
Chambers then moved to pass to the consideration of Arti-
cle 2d.

TJmrsday^ December 6th. *

Mr. Smilie objected to the powers of Congress over the
militia, thought that the representatives were too few; that
the President should make all appointments with the advice
of a council, and dwelt at great length on the evil of giving
Congress command of the militia. In these views he was
supported by Mr. Findley.

Friday^ December yth. *

According to the notes of ]\Ir. Wilson, Mr. Whitehill
opened with an attack on the Vice-President. He thought
that officer dangerous, as he had a casting vote, and on that

* Manuscript notes of James "Wilson.

The Debate in the Convention. 351

vote might often depend his salary. The power of Congress
to fix the time of choosing electors was improper; the power"
of the Senate to make treaties was dangerous.

Mr. Findley did not want the Senate to try impeachments,
and objected to blending legislative and executive powers.

Messrs. Whitehill, Smiley and Findley, in turn, then dis-
cussed the provision touching the Supreme Court. Mr.
Wilson, in his notes, makes no mention of a speech by him-
self, but Lloyd reports him to have spoken as follows:*

Mr. Wilson. This is the first time that the article respect-
ing the judicial department has come directly before us. I
shall therefore take the liberty of making such observations
as will enable honorable gentlemen to see the extent of the
views of the convention in forming this article, and the ex-
tent of its probable operation.

This will enable gentlemen to bring before this House their
objections more pointedly than, without any explanation,
could be done. Upon a distinct examination of the different
powers, I presume it will be found that not one of them is
unnecessary. I will go further — there is not one of them but
will be discovered to be of such nature, as to^be attended with
very important advantages. I shall beg leave to premise one
remark, that the convention, when they formed this system,
did not expect they were to deliver themselves, their rela-
tions and their posterity, into the hands of such men as are
described by the honorable gentlemen in opposition. They
did not suppose that the legislature, under this constitution,
would be an association of demons. They thought that a
proper attention would be given by the citizens of the United
States, at the general election, for members to the House of
Representatives; they also believed, that the particular States
would nominate as good men as they have heretofore done,
to represent them in the Senate. If they should now do
otherwise, the fault will not be in Congress, but in the people,
or States themselves. I have mentioned oftener than once,
that for a people wanting to themselves, there is no remedy.

The convention thought further (for on this very subject,

* Lloyd's Debates.

352

The Debate in the Convention.

there will appear caution, instead of imprudence in tlieir
transactions) they considered, that if suspicions are to be
entertained, they are to be entertained with regard to the
objects in which government have separate interests and
separate views from the interests and views of the people.
To say that officers of government will oppress, when noth-
ing can be got by oppression, is making an inferrence, bad as
human nature is, that cannot be allowed. When persons can
derive no advantage from it, it can never be expected they
will sacrifice either their duty or their popularity.

Whenever the general government can be a party against
a citizen, the trial is guarded and secured in the constitution
itself, and therefore it is not in its power to oppress the
citizen. In the case of treason, for example, though the
prosecution is on the part of the United States, yet the Con-
gress can neither define nor try the crime. If we have re-
course to the history of the different governments that have
hitherto subsisted, we shall find that a very great part of their
tyranny over the people has arisen from the extension of the
definition of treasc a. Some very remarkable instances have
occurred, even in so free a country as England. If I recollect
right, there is one instance that puts this matter in a very
strong point of view. A person possessed a favorite buck,
and on finding it killed, wished the horns in the belly of the
person who killed it; this happened to be the king; the in-
jured complainant was tried and convicted of treason, for
wishing the king's death.

I speak only of free governments, for in despotic ones,
treason depends entirely upon the will of the prince. Let
this subject be attended to, and it will be discovered where
the dangerous power of the government operates to the op-
pression of the people. Sensible of this, the convention has
guarded the people against it, by a particular and accurate
definition of treason.

It is ver}^ true, that trial by jury is not mentioned in civil
cases; but I take it, that it is very improper to infer from
hence, that it was not meant to exist under this government.
Where the people are represented — where the interest of gov-

The Debate m the Conveyttion. 353

ernment cannot be separate from that of the people, (and this
is the case in trial between citizen and citizen) the power of
making regulations with respect to the mode of trial, may
certainly be placed in the legislature; for I apprehend that
the legislature will not do wrong in an instance from which
they can derive no advantage. These were not all the rea-
sons that influenced the convention to leave it to the future
Congress to make regulations on this head.

By the constitution of the different States, it will be found
that no particular mode of trial by jury could be discovered
that would suit them all. The manner of summoning jurors,
their qualifications, of whom they should consist, and the
course of their proceedings, are all different, in the different
States; and I presume it will be allowed a good general
principle, that in carrying into effect the laws of the general
government by the judicial department, it will be proper to
make the regulations as agreeable to the habits and wishes
of the particular States as possible; and it is easily discovered
that it would have been impracticable, by any general regu-
lation, to have given satisfaction to all. We must have
thwarted the custom of eleven or twelve to have accommo-
dated any one. Why do this, when there was no danger to
be apprehended from the omission? We could not go into
a particular detail of the manner that would have suited each
State.

Time, reflection and experience, will be necessary to sug-
gest and mature the proper regulations on this subject; time
and experience were not possessed by the convention, they
left it therefore to be particiilarly organized by the legislature
— the representatives of the United States, from time to time,
as should be most eligible and proper. Could they have done
better?

I know in every part, where opposition has risen, what a
handle has been made of this objection; but I trust upon ex-
amination it will be seen that more could not have been done
with propriety. Gent'emen talk of bills of rights ! What is
the meaning of this continual clamor, after what has been
urged, though it may be proper in a single State, whose
23

354 '^^^^ Debate in the Convention.

legislature calls itself the sovereign and supreme power? yet
it would be absurd in the body of the people, when they are
delegating from among themselves persons to transact certain
business, to add an enumeration of those things, which they
are not to do. "But trial by jury is secured in the bill of
rights of Pennsylvania; the parties have a right to trials by
jury, which ought to be held sacred," and what is the con-
sequence? There have been more violations of this right in
Pennsylvania, since the revolution, than are to be found in
England, in the course of a century.

I hear no objection made to the tenure by which the judges
hold their offices — it is declared that the judges shall hold
them during good behavior; nor to the security which they
will have for their salaries — they shall at stated times re-
ceive for their services, a compensation which shall not be
diminished during their continuance in office.

The article respecting the judicial department, is objected
to as going too far, and is supposed to carry a very indefinite
meaning. Let us examine this — the judicial power shall ex-
tend to all cases in law and equity, arising under this consti-
tution and the laws of the United States. Controversies may
certainly arise under this constitution and the laws of the
United States, and is it not proper that there should be
judges to decide them? The honorable gentleman from
Cumberland (Mr. Whitehill) says, that laws may be made in-
consistent with the constitution, and that therefore the
powers given to the judges are dangerous; for my part, Mr.
President, I think the contrary inference true. If a law
should be made inconsistent with those powers vested by this
instrument in Congress, the judges, as a consequence of their
independence, and the particular powers of government being
defined, will declare such law to be null and void. For the
power of the constitution predominates. Any thing there-
fore, that shall be enacted by Congress contrary thereto, will
not have the force of law.

The judicial power extends to all cases arising under trea-
ties made, or which shall be made, by the United States. I
shall not repeat at this time, what has been said with regard

The Debate in the Convention. 355

to the power of the States to make treaties; it cannot be con-
troverted, that when made, they ought to be observed. But
it is highly proper that this regulation should be made; for
the truth is, and I am sorry to say it, that in order to prevent
the payment of British debts, and from other causes, our trea-
ties have been violated, and violated too by the express laws
of several States in the Union. Pennsylvania, to her honor
be it spoken, has hitherto done no act of this kind; but it is
acknowledged on all sides, that many States in the Union
have infringed the treaty; and it is well known, that when
the minister of the United States made a demand of Lord
Carmarthen, of a surrender of the western posts, he told the
minister, with truth and justice, "The treaty, under which
you claim those possessions, has not been performed on your
part; until that is done, those possessions will not be de-
livered up." This clause, sir, will show the world that we
make the faith of treaties a constitutional part of the charac-
ter of the United States; that we secure its performance no
longer nominally, for the judges of the United States will be
enabled to carry them into effect, let the legislatures of the
diflferent States do what they may.

The power of the judges extends to all cases affecting am-
bassadors, other public ministers, and consuls. I presume
very little objection will be offered to this clause; on the con-
trary, it will be allowed proper and unexceptionable.

This will also be allowed with regard to the following
clause, "all cases of admiralty and maritime jurisdiction."

The next is, "to controversies to which the United States
shall be a party." Now I apprehend it is something very in-
congruous, that, because the United States are a party, it
should be urged as an objection, that their judges ought not
to decide, when the universal practice of all nations have and
unavoidably must admit of this power. But, say the gentle-
men, the sovereignty of the States is destroyed, if they should
be engaged in a controversy with the United States, because
a suitor in a court must acknowledge the jurisdiction of that
court, and it is not the custom of sovereigns to suffer their
names to be made use of in this manner. The answer is plain

256 The Debate in the Cotivention.

and easy: The government of each State onght to be subor-
dinate to the government of the United States.

"To controversies between two or more States." This
power is vested in the present congress, but Ihey are unable,
as I have already shown, to enforce their decisions. The ad-
ditional power of carrying their decrees into execution, we
find is therefore necessary, and I presume no exception will
be taken to it.

" Between a state, and citizens of another State." When
this power is attended to, it will be found to be a necessary
one. Impartiality is the leading feature in this Constitution;
it pervades the whole. When a citizen has a controversy
with another State, there ought to be a tribunal where both
parties may stand on a just and equal footing.

" Between citizens of different States, and between a State,
or the citizens thereof, and Foreign States, citizens or sub-
jects." This part of the jurisdiction, I presume, will occasion
more doubt than any other part, and 2X first viezv it may seem
exposed to objections well-founded and of great weight; but
I apprehend this can be the case only at first view. Permit
mc to observe here, with regard to this power, or any other of
the foregoing powers given to the Federal court, that they
are not exclusively given. In all instances the parties may
commence suits in the courts of the several States. Even the
United States may submit to such decision if they think pro-
per. Though the citizens of a State, and the citizens or sub-
jects of foreign States, may sue in the federal court, it does
not follow that they must sue. These are the instances in
which the jurisdiction of the United States may be exercised;
and we have all the reason in the world to believe, that it
will be exercised impartially; for it would be improper to in-
fer that the judges would abandon their duty, the rather for
being independent. Such a sentiment is contrary to experi-
ence, and ought not to be hazarded. If the people of the
United States are fairly represented, and the president and
Senate are wise enough to choose men of abilities and inte-
grity forjudges, there can be no apprehension; because, as I
mentioned before, the government can have no interest in in-
juring the citizens.

The Debate in the Convention. 357

But when we consider the matter a little further, is it not
necessary, if we mean to restore either public or private
credit, that foreigners, as well as ourselves, have a just and
impartial tribunal to which they may resort? I would ask,
how a merchant must feel to have his property lie at the
mercy of the laws of Rhode Island? I ask further, how will
a creditor feel, who has his debts at the mercy of tender laws
in other States? It is true, that under this Constitution,
these particular iniquities may be restrained in future; but.
Sir, there are other ways of avoiding payment of debts.
There have been instalment acts, and other acts of a similar
effect. Such things, Sir, destroy the very sources of credit.

Is it not an important object to extend our manufactures
and our commerce? This cannot be done, unless a proper
security is provided for the regular discharge of contracts.
This security cannot be obtained, unless we give the power
of deciding upon those contracts to the general governments.

I will mention further, an object that I take to be of par-
ticular magnitude, and I conceive these regulations will pro-
duce its accomplishment. The object, Mr. President, that
I allude to, is the improvement of our domestic navigation,
the instrument of trade between the several States. That
decay of private credit which arose from the destruction of
public credit, by a too inefficient general government, will
be restored, and this valuable intercourse among ourselves,
must give an encrease to those useful improvements, that will
astonish the world. At present, how are we circumstanced?
Merchants of eminence will tell you, that they can trust their
correspondents without law; but they cannot trust the laws
of the State in which their correspondents live. Their friend
may die, and may be succeeded by a representative of a very
different character. If there is any particular objection that
did not occur to me on this part of the Constitution, gentle-
men will mention it; and I hope when this article is exam-
ined, it will be found to contain nothing but what is proper
to be annexed to the general government. The next clause,
so far as it gives original jurisdiction in cases affecting ambas-
sadors, I apprehend is perfectly unexceptionable.

358 The Debate in the Co7ivention.

It was tliouglit proper to give the citizens of foreign States
full opportunity of obtaining justice in the general courts,
and this they have by its appellate jurisdiction; therefore, in
order to restore credit with those foreign States, that part
of the article is necessary. I believe the alteration that will
take place in their minds, when they learn the operation of
this clause, will be a great and important advantage to our
country, nor is it anything but justice; they ought to have
the same security against the State laws that may be made,
that the citizens have; because regulations ought to be equally
just in the one case as in the other. Further, it is necessary
in order to preserve peace with foreign nations. lyct us sup-
pose the case, that a wicked law is made in some one of the
States, enabling a debtor to pay his creditor with the fourth,
fifth, or sixth part of the real value of the debt, and this
creditor, a foreigner, complains to his prince or sovereign,
of the injustice that has been done him: What can that
prince or sovereign do? Bound by inclination as well as duty
to redress the wrong his subject sustains from the hand of
perfidy, he cannot apply to the particular guilty State, be-
cause he knows that by the articles of confederation, it is de-
clared that no State shall enter into treaties. He must
therefore apply to the United States: The United States must
be accountable: "My subject has received a flagrant injury;
do me justice, or I will do myself justice." If the United
States are answerable for the injury, ought they not to pos-
sess the means of compelling the faulty State to repair it ?
They ought, and this is what is done here. For now, if
complaint is made in consequence of such injustice, Congress
can answer, "Why did not your subject apply to the general
court, where the unequal and partial laws of a particular
State would have had no force?"

In two cases the Supreme Court has original jurisdiction;
that affecting ambassadors, and when a State shall be a party.
It is true, it has appellate jurisdiction in more, but it will
have it under such restrictions as the Congress shall ordain.
I believe then any gentleman, possessed of experience 01
knowledge on this subject, will agree that it was impossible

The Debate in the Convention. 359

to go further with any safety or propriety, and that it was
best left in the manner in which it now stands.

"In all the other cases before mentioned, the Supreme
Court shall have appellate jurisdiction, both as to law and
fact." The jurisdiction as to fact, may be thought improper;
but those possessed of information on this head, see that it is
necessary. We find it essentially necessary from the ample
experience we have had in the courts of admiralty with re-
gard to captures. Those gentlemen, who during the late
war, had their vessels retaken, know well what a poor
chance they would have had, when those vessels were taken
into other States and tried by juries, and in what a situation
they would have been, if the court of appeals had not been
possessed of authority to reconsider and set aside the verdict
of those juries. Attempts were made by some of the States
to destroy this power, but it has been confirmed in every
instance.

There are other cases in which it will be necessary; and
will not Congress better regulate them as they rise from time
to time, than could have been done by the convention ? Be-
sides, if the regulations shall be attended with inconvenience,
the Congress can alter them as soon as discovered. But any
thing done in convention must remain unalterable, but by
the power of the citizens of the United States at large.

I think these reasons will show, that the powers given to
the Supreme Court, are not only safe, but constitute a wise
and valuable part of this system.

Saturday^ December 8th.

The whole of this day was taken up with a debate on the
failure of the Constitution to provide for trial by jury in
civil cases. Twice in the course of it the members came to
personalities, and once almost to blows.

The first occurred in the course of an argument to prove
the dissolution of the trial by jury, if the proposed system
was adopted, and the consequent sacrifice of the liberties of
the people, Mr. Findley observed, that when the trial by jury
which was known in Sweden so late as the middle of the last

36a The Debate in the Convejiiion.

century, fell into disuse, the commons of that nation lost their
freedom, and a tyrannical aristocracy prevailed. Mr. Wilson
and Mr. M'Kean interrupted Mr. Findley, and called warmly
for his authority to prove that the trial by jury existed in
Sweden, Mr. Wilson declaring that he had never met with
such an idea in the course of his reading; and Mr. M'Kean
asserting, that the trial by jury was never known in any other
country than England, and the governments descended from
that kingdom. Mr. Findley answered, that he did not at
that moment recollect his authority, but having formerly
read histories of Sweden, he had received and retained the
opinion which he now advanced, and would on a future occa-
sion perhaps, refer immediately to the book. Accordingly,
on Monday afternoon, he produced the Modern Universal
History, and the 3d volume of Blackstone's Commentaries,
which incontrovertibly established his position. Having read
his authorities, he concluded in the following manner: "I
am not accustomed, Mr. President, to have my word disputed
in public bodies, upon the statement of a fact; but in this
convention it has already occurred more than once. It is now
evident however, that I was contradicted on this subject im-
properly and unjustly, by the learned Chief Justice and
Counsellor from the city. That the account given in the
Universal History should escape the recollection or observa-
tion of the best informed man, is not extraordinary, but this
I will observe, that if my son had been at the study of the
law for six months, and was not acquainted with the passage
in Blackstone, I should be justified in whipping him. But
the contradiction coming from the quarter known to this
Convention, I am at a loss whether to ascribe it to the want
of veracity, or the ignorance of the learned members." On
Tuesday morning Mr. Wilson again adverted to the subject
in the following manner. " I will, Mr. President, take some
notice of a circumstance, which for want of something more
important, has made considerable noise. I mean what re-
spects the assertion of the member from Westmoreland, that
trials by jury were known in Sweden. I confess. Sir, when
I heard that assertion, it struck me as new, and contrary 'to

The Debate in the Convention. 361

my idea of the fact, and therefore, in as decent terms as I
could, I asked for the honorable member's authority: the
book in which it is found convinces me I must before have
read it, but I do not pretend to remember everything I read.
This remark is made more for the sake of my colleague, who
supported my opinion, than for my own. But I will add. Sir,
that those whose stock of knowledge is limited to a few
items, may easily remember and refer to them; but many
things may be overlooked and forgotten in a magazine of lit-
erature. It may therefore with propriety be said by my
honorable colleague, as it was formerly said by Sir John May-
nard to a petulant student, who reproached him with an
ignorance of a ^^r'fling point, "Young man, I have forgotten
more law than ever you learned. ' ' *

Hardly had this incident passed away when the Anti-
federal party, put into high spirits by the arguments of
Findley, Smilie and Whitehill, on the question of trial by jury,
began to call loudly for answers from the friends of the con-
stitution. What followed is thus reported in the Packet.

On Saturday last a very warm altercation passed in the
convention, of which we submit to our readers the following
impartial statement,

Mr. M'Kean, rising in consequence of the repeated call of
the opposition for an answer to their arguments, observed
that the observations and objections were so often reiterated,
that most of them had already been replied to, and in his
opinion, all the objections which had been made to the pro-
posed plan, might have been delivered in the space of two
hours; so he concluded, that the excess of time had been con-
sumed in trifling and unnecessary debate. In reply to these
observations, Mr. Smilie remarked, that the honorable gen-
tleman had treated the opposition with contempt; and with a
magisterial air had condemned their arguments. He was
about to proceed in his animadversion upon the conduct of
the majority, who presumed thus, he added, upon their num-
bers, when several members started up, but at length Mr.

* Pennsylvania Packet, Dec. 13, 1787.

362 The Debate in the Convention.

Chambers claimed the attention of the president: He began
a speech of some length with terming Mr. Smilie's language
indecent^ because he said it alluded to Mr. M'Kean as a judge.
He then proceeded with great heat to reprobate the behavior
of the three gentlemen, who managed the arguments against
the proposed system, and declared that they had abused the
indulgence which the other side of the House had granted to
them, in consenting to hear all their reasons. He next an-
imadverted upon the characters of those who composed the
opposition, and loudly asked, where had they been found in
the day of danger? Thence drawing a contrast between
them and the representatives of Pennsylvania in the late
Federal Convention, who were, he remarked, men of as great
talents and patriotism, as good generals and statesmen, as
any that had appeared in the businesss of the revolution.
From this ground he took an opportunity of saying some-
thing about those Englishmen who had arrived in this
country since the peace, and who had presumed to judge for
themselves respecting the politics of Pennsylvania. He re-
ferred to Mr. Findley's having no more than two votes as a
delegate to the Federal Convention, in order to show the in-
significance of his character, and the wisdom of Pennsylvania,
which would not admit of his being elected on that occasion.
He then adverted to the character of Mr. M'Kean, which he
asserted was superior to all attacks, and concluded with de-
claring that everything which had been oJGfered by the oppo-
sition was, in his judgment, trifling and unnecessary. When
Mr. Chambers had finished, Mr. Smilie appealed to the
candor of the convention, whether he had used a single word
which could be deemed indecent^ and which was not fairly
justified by the conduct to which he had alluded. He feel-
ingly exclaimed that he was pleading for the interests of his
country, and that no character should influence, and no
violence overawe his proceedings. For, he not only claimed
the free exercise of speech as a right, but he would exercise
it as a duty. Mr. Findley followed, promising that he should
take very little notice of the speech delivered by Mr.
Chambers, as indeed he had never found occasion to take

The Debate m the Convention. 363

much notice of anything that dropped from that quarter. He
would observe, however, that the characteristic of the conduct
of the honorable inember in public bodies was to discourse
without reason, and to talk without argument. Here a con-
siderable cry of order arose, and Mr. Findley said he would
only add, that he always wished to avoid an investigation of
characters, but at least he would take care never to engage
on that subject but with a competent judge. During some
disturbance in the House, Mr. Chambers retorted, that he
had a perfect contempt both for Mr. Findley's arguments and
person, and Mr. Findley closed the altercation with declaring,
that he saw no reason for dispute, since he and Mr.
Chambers were in that respect so perfectly agreed. Mr.
Macpherson stated to the chair the impropriety of such pro-
ceedings, and observed, that the member from Fayette had
not satisfactorily shown in what manner the member from
the city (Mr. M'Kean) had spoken indecent language, to
justify the retort that had been made. Mr. Findley then re-
marked, that when a member undertook personally to dictate
to the convention, he was an object of personal animadversion;
for it was only by motion and resolve of the whole body,
that their proceedings were to be governed.

Mr. Smilie said, he had in his opinion satisfactorily shown
the ground upon which he had spoken, for he had referred to
the recollection of the convention that Mr. M'Kean treated
the arguments of the opposition as trifling and contemptible,
and this with a ?nagisterial air^ which was all the retort he
had made. To this Mr. Findley subjoined, that he did not
rise to argue upon the question, but to claim what was just
and right; he therefore referred it to the President to deter-
mine, whether he or his coadjutors had transgressed any of
the established rules of the convention? Upon this the Presi-
dent said, it was true that no positive rule had been trans-
gressed, but he could not avoid considering Mr. Smilie's lan-
guage highly improper. On this there was an unanimous
cry of adjourn, which at last put a stop to the altercation.*

* Pennsylvania Packet Dec. 13, 1787.

364 The Debate in the Convention.

Monday^ December loth.

As soon as Mr. Findley had cited his authorities in support
of his statement regarding trial by jury in Sweden, a num-
ber of memorials were on Monday last presented to the con-
vention from the inhabitants of the county of Philadelphia,
stating the advantages that county enjoys, and requesting it
might be offered as the seat of Federal Government, in which
the exclusive jurisdiction of Congress may be exercised.
This done, Mr. M'Kean took the floor and replied at length
to the objectors to the Constitution, having previously given
notice that he should on Wednesday recur to his motion for
the adoption of the proposed plan, and remarked that the
State of Delaware had already entered into that resolution, to
which Mr. Smilie replied, that the State of Delaware had in-
deed reaped the honor of having first surrendered the liberties
of the people to the new system of government. *

The speech of Mr. M'Kean is summed up in the Packet as
follows:

On Monday (loth) afternoon, Mr. M'Kean entered into an
elaborate investigation of the leading objections made to the
proposed constitution, and having ably defended it in all its
parts, he concluded emphatically, that having served a routine
in government, in the legislative, executive and judicial de-
partments, he saw nothing in the system under consideration
which his judgment could determine to be the object of terror
or apprehension; but he anticipated from its adoption what
had been his constant wish — permanency in the government,
and stability in the laws.

As soon as Mr. M'Kean had closed his speech, a loud
and general tribute of applause was expressed by the
citizens in the gallery; which gave occasion to the follow-
ing philippic from Mr. Smilie, "Mr. President, I confess
that hitherto I have persuaded myself that the opposition
had the best of the argument on the present important
question; but I have found myself mistaken, for the gentle-
men on the other side have indeed an argument which sur-
passes and supersedes all others, — a party in the gallery

* Peunsylvauia Packet, Dec. 13, 1787.

THOMAS MCKEAN. LLX
Nat. 1724 -Ob 1817

J^rom. <z JbriJiC iy Ti^out, in th^possessuitt cfiiie-J/istoricaiy Soci^tif of ft.

T%e Debate in the ■'■
clap an^

;ia; for, weic
^•^- -elusive api^: .:.^i.Li-..i. •./ ..
icqiiiescenee. No, Sir,
::^e peop[^ of Pennsylvania; and wen
■ rnKled ?t fi.notlier place, the sound v^Oa

I'iments of tt^e qjtizens uie uiii
ver it would pain me, were I v
iority oi this body treated with such gross insin
;'ect t>y my friends, as the minority now expe^ \
theirs. In short, Mr. President,. this is not the r
• "■' '^ =-vail on the citizens of Pennsylvania to uu...,
n, let the decision here be what it may; an^'
ich conduct, nay were the gallery- filled will;
ppcarance of violence would not intimidate
me, or Uiuse wLo act with me, in the conscientiot1-^ "
of a public duty." When Mr. Sifih'e h^A -fir
M'Kean remarked that the worthy ■,
an,^y, merely because somebody w.
Mr. M'Keaiii said, in the course c
hat the apprehensions of the r--
plan, amounted to this, that /
L^f'ks; tf the rwers run dry ^ we ynaii utLir .-

ared their arguments to a sound, but then
. - :^^ '■ -rt- the working' of small beer,

' report has been preserved b;
T: : :"3, declared it was delivered ou Deccmbc..

' -papers, however, and Mr. Wilson's no'^

speech is carefully summarized, prove i

.-.ember loth.]

Mr. M'lCean.* Sir, you have unjer your conbr
natter of ver>' great weight and importance, not
resent generation but to posterity; for where th?
ies of the people are concerned, th^
K eed with the utmost cautiou ^n •

366 The Debate in the Convention.

rived from the people of Pennsylvania, by a positive and
voluntary grant, cannot be extended farther than what this
positive grant hath conveyed. You have been chosen by the
people, for the sole purpose of "assenting to and ratifying the
constitution, proposed for the future government of the
United States, with respect to their general and common con-
cerns," or of rejecting it. It is a sacred trust; and, as on the
one hand, you ought to weigh well the innovations it will
create in the governments of the individual States, and the
dangers which may arise by its adoption; so upon the other
hand, you ought fully to consider the benefits it may promise,
and the consequences of a rejection of it. You have hitherto
acted strictly conformably to your delegated power; you have
agreed, that a single question can come before you; and it has
been accordingly moved, that you resolve, "to assent to and
ratify this constitution." Three weeks have been spent in
hearing the objections that have been made against it, and
it is now time to determine, whether they are of such a
nature as to overbalance any benefits or advantages that may
be derived to the State of Pennsylvania by your accepting it.

Sir, I have as yet taken up but little of your time; notwith-
standing this, I will endeavor to contract what occurs to me
on the subject: and in what I have to oflTer, I shall observe
this method; I will first consider the arguments that have
been used against this constitution, and then give my reasons,
why I am for the motion.

The arguments against the constitution are, I think, chiefly
these:

First. That the elections of representatives and senators
are not frequent enough to ensure responsibility to their con-
stituents.

Second. That one representative for thirty thousand per-
sons is too few.

Third. The senators have a share in the appointment of
certain officers, and are to be the judges on the impeachment
of such officers. This is blending the executive with the
legislative and judicial department, and is likely to screen
the offenders impeached, because of the concurrence of a
majority of the senate in their appointment.

The Debate in the Convention. 367

Fourth. That the Congress may by law deprive the elec-
tors of a fair choice of their representatives, by fixing im-
proper times, places and modes of election.

Fifth. That the powers of Congress are too large, particu-
larly in laying internal taxes and excises, because they may
lay excessive taxes, and leave nothing for the support of the
State governments.

In raising and supporting armies, and that the appropri-
ation of money for that use should not be for so long a term
as two years.

In calling forth the militia on necessary occasions; because
they may call them from one end of the continent to the
other, and wantonly harass them ; besides, they may coerce
men to act in the militia, whose consciences are against bear-
ing arms in any case.

In making all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all
other powers vested by this constitution in the government
of the United States, or in any department or officer thereof.

And in declaring, 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.

That migration or importation of such persons, as any of
the States shall admit, shall not be prohibited prior to 1808,
nor a tax or duty imposed on such importation exceeding ten
dollars for each person.

Sixth, That the whole of the executive power is not lodged
in the President alone, so that there might be one responsible
person.

That he has the sole power of pardoning offences against
the United States, and may therefore pardon traitors, for trea-
sons committed in consequence of his own ambitious and
wicked projects; or those of the Senate.

That the Vice-President is a useless officer, and being an
executive officer, is to be president of the Senate, and in case
of a division is to have the castinsf voice.

3^8 The Debate in the Convetition.

Seventh. The judicial power shall be vested in one Su-
preme Court. An objection is made, that the compensation
for the services of the judges shall not be diminished during
their continuance in office, and this is contrasted with the
compensation to the President, which is to be neither in-
creased nor diminished during the period for which he shall
have been elected: but that of the judges may be increased,
and the judge may hold other offices of a lucrative nature,
and his judgment be thereby warped.

That in all the cases enumerated, except where the Su-
preme Court has original jurisdiction, "they shall have ap-
pellate jurisdiction, both as to law and facts, with such
exceptions, and under such regulations, as the Congress shall
make." From hence is inferred that the trial by jury is not
secured.

That they have jurisdiction between citizens of different
States.

Eighth. That there is no bill or declaration of rights in
this constitution.

Ninth. That this is a consolidation of the several States, and
not a confederation.

Tenth. It is an aristocracy^ and was intended to be so by
the framers of it.

The first objection that I heard advanced against this con-
stitution, I say, sir, was that the elections of representatives
and senators are not frequent enough to ensure responsibility
to their constituents.

This is a subject that most men differ about, but there are
more considerations than that of mere responsibility. By
this system the House of Representatives is composed of per-
sons, chosen every second year by the people of the several
States; and the senators every six years by the Legislatures:
whether the one or the other of these periods are of too long
duration, is a question to which various answers will be given;
some persons are of opinion that three years in the one case,
and seven in the other, would be a more eligible term than
that adopted in this constitution. In Great Britain, we find
the House of Commons elected for seven years; the House of

The Debate in the Convention. 369

Lords is perpetual, and the king never dies. The Parliament
of Ireland is octennial ; in various other parts of the British
dominions, the House of Representatives are during the royal
pleasure, and have been continued twenty years; this, sir, is a
term undoubtedly too long. In a single State, I think annual
elections most proper, but then there ought to be more
branches in the Legislature than one. An annual Legisla-
ture possessed of supreme power, may be properly termed an
annual despotism — and, like an individual, they are subject
to caprice, and act as party spirit or spleen dictates; hence
that instability to our laws, which is the bane of republican
governments. The framers of this constitution wisely divided
the legislative department between two houses, subject to the
qualified negative of the President of the United States,
though this government embraces only enumerated powers.
In a single State, annual elections may be proper, the more
so when the legislative powers extend to all cases; but in
such an extent of country as the United States, and when the
powers are circumscribed, there is not that necessity, nor are
the objects of the general government of that nature as to be
acquired immediately by every capacity. To combine the
various interests of thirteen different States, requires more ex-
tensive knowledge than is necessary for the Legislature of any
one of them; two years are therefore little enough for the
members of the House of Representatives to make themselves
fully acquainted with the views, the habits and interests of
the United States. With respect to the Senate, when we
consider the trust reposed in them, we cannot hesitate to pro-
nounce, the period assigned to them is short enough; they
possess, in common with the House of Representatives, leg-
islative power; with its concurrence they also have power to
declare war; they are joined with the President in concluding
treaties; it therefore behooves them to be conversant with the
politics of the nations of the world, and the dispositions of
the sovereigns, and their ministers; this requires much reading
and attention. And believe me, the longer a man bends his
study to any particular subject, the more likely he is to be
the master of it. Experience and practice will assist genius
24

370 The Debate in the Convention.

and education. I therefore think the time allowed, under
this system, to both houses, to be extremely proper. This
objection has been made repeatedly, but it can only have
weight with those who are not at the pains of thinking on
the subject. When anything, sir, new or great, is done, it
is very apt to create a ferment among those out of doors, who,
as they cannot always enter into the depth and wisdom of
counsels, are too apt to censure what they do not understand;
upon a little reflection and experience, the people often find
that to be a singular blessing which at first they deemed a
curse.

Second. "That one representative for thirty thousand per-
sons is too few."

There will be, sir, sixty-five in the House of Representa-
tives and twenty-six in the Senate, in all ninety-one, who,
together with the President, are to make laws in the several
particular matters entrusted to them, and which are all
enumerated and expressed. I think the number sufficient at
the present, and in three years' time, when a census or actual
enumeration must take place, they will be increased, and in
less than twenty-five years they will be more than double.
With respect to this, different gentlemen in the several States
will differ, and at last the opinion of the majority must
govern.

Third. "The senators have a share in the appointment of
certain officers, and are to be the judges on the impeachment
of such officers. This is blending the executive with the
legislative and judicial department, and is likely to screen
the offenders impeached, because of the concurrence of a
majority of the Senate in their appointment."

The President is to nominate to office, and with the ad-
vice and consent of the Senate appoint officers, so that he is
the responsible person, and when any such impeachment
shall be tried, it is more than probable, that not one of the
Senate, who concurred in the appointment, will be a senator,
for the seats of a third part are to be vacated every two years,
and of all in six.

As to the senators having a share in the executive power.

The Debate in the Convention. 371

so far as to the appointment of certain officers, I do not know
where this restraint on the President could be more safely
lodged. Some may think a privy-counsellor might have
been chosen by every State, but this could little mend the
matter if any, and it would be a considerable additional ex-
pense to the people. Nor need the Senate be under any
necessity of sitting constantly, as has been alleged, for there
is an express provision made to enable the President to fill up
all vacancies that may happen during their recess; the com-
missions to expire at the end of the next sessions.

As to impeachments, the objection is much stronger
against the supreme executive council of Pennsylvania.

The House of Lords in Great Britain are judges in the last
resort in all civil causes, and besides have the power of try-
ing impeachments.

On the trial of impeachments the senators are to be under
the sanction of an oath or affirmation, besides the other ties
upon them to do justice; and the bias is more likely to be
against the officer accused than in his favor, for there are
always more persons disobliged than the contrary when an
office is given away, and the expectants of office are more
numerous than the possessors.

Fourth. ' ' That the Congress may by law deprive the elec-
tors of a fair choice of their representatives, by fixing im-
proper times, places and modes of election."

Every House of Representatives is of necessity to be the
judges of the elections, returns and qualifications of its own
members. It is therefore their province, as well as duty, to
see that they are fairly chosen, and are the legal members;
for this purpose, it is proper they should have it in their
power to provide, that the times, places and manner of elec-
tion, should be such as to ensure free and fair elections.

Annual congresses are expressly secured; they have only a
power given to them, to take care, that the elections shall be
at convenient and suitable times and places, and conducted
in a proper manner; and I cannot discover why we may not
entrust these particulars to the representatives of the United
States, with as much safety as to those of the individual
States.

372 The Debate in the Convention.

In some States the electors vote viva voce^ in others by
ballot; they ought to be uniform, and the elections held on
the same day throughout the United States, to prevent cor-
ruption or undue influence. Why are we to suppose that
Congress will make a bad use of this power, more than the
representatives in the several States?

It is said " that the powers of Congress, under this consti-
tution, are too large, particularly in laying internal taxes and
excises, because they may lay excessive taxes, and leave noth-
ing for the support of the State governments. ' ' Sir, no doubt
but you will discover, on consideration, the necessity of ex-
tending these powers to the government of the Union. If
they have to borrow money, they are certainly bound in honor
and conscience to pay the interest, until they pay the princi-
pal, as well to the foreign as to the domestic creditor ; it
therefore becomes our duty to put it in their power to be
honest. At present, sir, this is not the case, as experience
has fully shown. Congress have solicited and required the
several States to make provision for these purposes; has one
State paid its quota ? I believe not one of them ; and what
has been the result ? Foreigners have been compelled to ad-
vance money, to enable us to pay the interest due them on
what they furnished to Congress during the late war. I trust,
we have had experience enough to convince us, that Congress
ought no longer to depend upon the force of requisition. I
heard it urged, that Congress ought not to be authorized to
collect taxes, until a State had refused to comply with this
requisition. Let us examine this position. The engage-
ments entered into by the general government, render it nec-
essary that a certain sum shall be paid in one year; notwith-
standing this, they must not have power to collect it until
the year expires, and then it is too late. Or is it expected
that Congress would borrow the deficiency? Those who lent
us in our distress, have little encouragement to make advan-
ces again to our government; but give the power to Congress
to lay such taxes as may be just and necessary, and public
credit will revive: yet, because they have the power to lay
taxes and excise, does it follow that they must? For my

The Debate in the Convention. 373

part, I hope it may not be necessary; but if it is, it is much
easier for the citizens of the United States to contribute their
proportion, than for a few to bear the weight of the whole
principal and interest of the domestic debt; and there is per-
fect security on this head, because the regulation must equally
affect every State, and the law must originate with the imme-
diate representatives of the people, subject to the investiga-
tion of the State representatives. But is the abuse an argu-
ment against the use of power? I think it is not ; and, upon
the whole, I think this power wisely and securely lodged in
the hands of the general government; though on the first
view of this work, I was of opinion they might have done
without it; but, sir, on reflection, I am satisfied that it is not
only proper, but that our political salvation may depend upon
the exercise of it.

The next objection is against "the power of raising and
supporting armies, and the appropriation of money for that
use, should not be for so long a term as two years." Is it
not necessary that the authority superintending the general
concerns of the United States, should have the power of rais-
ing and supporting armies? Are we, sir, to stand defenseless
amidst conflicting nations? Wars are inevitable, but war
cannot be declared without the consent of the immediate
representatives of the people; there must also originate the
law which appropriates the money for the support of the
army, yet they can make no appropriation for a longer term
than two years; but does it follow that because they may
make appropriations for that period, that they must or even
will do it ? The power of raising and supporting armies, is
not only necessary, but is enjoyed by the present Congress,
who also judge of the expediency or necessity of keeping
them up. In England there is a standing army; though in
words it is engaged but for one year, yet is it not kept con-
stantly up? is there a year that parliament refuses to grant
them supplies? Though this is done annually, it might be
done for any longer term. Are not their officers commis-
sioned for life? and when they exercise this power with so
much prudence, shall the representatives of this country be
suspected the more, because they are restricted to two years ?

374 ^/^^ Debate in tJic Conveiition.

It is objected that the powers of Congress are too large, be-
cause "they have the power of calling forth the militia on
necessary occasions, and may call them from one end of the
continent to the other, and wantonly harass them; besides,
they may coerce men to act in the militia whose consciences
are against bearing arms in any case." It is true, by this
system, power is given to Congress to organize, arm, and dis-
cipline the militia, but everything else is left to the State
governments; they are to officer and train them. Congress
have also the power of calling them forth, for the purpose of
executing the laws of the Union, suppressing insurrections
and repelling invasions; but can it be supposed they would
call them in such cases from Georgia to New Hampshire?
Common sense must oppose the idea.

Another objection was taken from these words of the con-
stitution: "to make all laws which shall be necessary and
proper for carrying into execution the foregoing powers,
and all other powers vested by this constitution in the gov-
ernment of the United States, or in any department, or offi-
cer thereof." And in declaring "that this constitution, and
the laws of the United States which shall be made in pursu-
ance 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, ' ' This has at last been conceded, that though
it is explicit enough, yet it gives to Congress no further pow-
ers than those already enumerated. Those that first said it
gave to Congress the power of superseding the State govern-
ments, cannot persist in it; for no person can, with a toler-
able face, read the clauses over, and infer that such may be
the consequence.

Provision is made that Congress shall have power to pro-
hibit the importation of slaves after the year 1808, but the
gentlemen in opposition accuse this system of a crime, be-
cause it has not prohibited them at once. I suspect those
gentlemen are not well acquainted with the business of the
diplomatic body, or they would know that an agreement
might be made, that did not perfectly accord with the will
and pleasure of any one person. Instead of finding fault with

The Debate in the Convejtttoft. 375

what has been gained, I am happy to see a disposition in the
United States to do so much.

The next objections have been against the executive power;
it is complained of, "because the whole of the executive
power is not lodged in the President alone^ so that there
might be one responsible person; he has the sole powers of
pardoning offences against the United States, and may there-
fore pardon traitors, for treasons committed in consequence
of his own ambitious or wicked projects, or those of the
Senate."

Observe the contradiction, sir, in these two objections; one
moment the system is blamed for not leaving all executive
authority to the President alone^ the next it is censured for
giving him the sole power to pardon traitors. I am glad to
hear these objections made, because it forebodes an amend-
ment in that body in which amendment is necessary. The
President of the United States must nominate to all offices,
before the persons can be chosen; he here consents and
becomes liable. The executive council of Pennsylvania
appoint officers by ballot, which effectually destroys respon-
sibility. He may pardon offences, and hence it is inferred
that he may pardon traitors, for treason committed in con-
sequence of his own ambitious and wicked projects. The
executive council of Pennsylvania can do the same. But the
President of the United States may be impeached before the
Senate and punished for his crimes.

"The vice- President is an useless officer;" perhaps the
government might be executed without him, but there is a
necessity of having a person to preside in the Senate, to con-
tinue a full representation of each State in that body. The
Chancellor of England is a judicial officer, yet he sits in the
House of Lords.

The next objection is against the judicial department.
The judicial power shall be vested in one Supreme Court.
An objection is made that the compensation for the services
of the judges shall not be diminished during their continu-
ance in office, and this is contrasted with the compensation
of the President, which is to be neither increased nor dimin-

376 TJie Debate in the Convention.

Lshcd during the period for which he shall be elected. But
that of the judges may be increased, and the judges may hold
other offices of a lucrative nature, and his judgment be
thereby warped.

Do gentlemen not see the reason why this difference is
made? do they not see that the President is appointed but
for four years, whilst the judges may continue for life, if they
shall so long behave themselves well ? In the first case, little
alteration can happen in the value of money; but in the
course of a man's life, a very great one may take place from
the discovery of silver and gold mines, and the great influx
of those metals; in which case an increase of salary may be
requisite. A security that their compensation shall not be
lessened, nor they have to look up to every session for salary,
will certainly tend to make those officers more easy and inde-
pendent.

" The judges may hold other offices of a lucrative nature."
This part of the objection reminds me of the scheme that was
fallen upon in Pennsylvania, to prevent any person from
taking up large tracts of laud: a law was passed restricting
the purchase to a tract not exceeding three hundred acres;
but all the difference it made, was, that the land was taken up
by several patents, instead of one, and the wealthy could
procure, if they chose it, three thousand acres. What though
the judges could hold no other office? might they not have
brothers, children and other relations, whom they might wish
to see placed in the offices forbidden to themselves? I see no
apprehensions that may be entertained on this account

That in all cases enumerated, except where the Supreme
Court has original jurisdiction, "they shall have appellate
jurisdiction both as to law and fact, with such exceptions and
under such regulations as the Congress shall make." From
this is inferred that the trial by jury is not secured; and an
objection is set up to the system, because they have jurisdic-
tion between citizens of different States. Regulations, under
this head, are necessary, but the convention would form no
one that would have suited each of the United States. It has
been a subject of amazement to me to hear gentlemen contend

The Debate in the Convention. 377

that the verdict of a jury shall be without revision in all
cases. Juries are not infallible because they are twelve in
number. When the law is so blended with the fact as to be
almost inseparable, may not the decision of a jury be errone-
ous? Yet notwithstanding this, trial by jury is the best
mode that is known. Appellate jurisdiction, sir, is known
in the common law, and causes are removed from inferior
courts by writ of error into some court of appeal. It is said
that the Lord Chancellor, in all cases, sends down to the lower
courts when he wants to determine a fact, but that opinion is
not well founded, because he determines nineteen out of
twenty without the intervention of any jury. The power to
try causes between citizens of different States was thought by
some gentlemen invidious; but I apprehend they must see the
necessity of it, from what has been already said by my hon-
orable colleague.

"That there is no bill or declaration of rights in this con-
stitution. ' '

To this I answer, such a thing has not been deemed essen-
tial to liberty, excepting in Great Britain, where there is a
king and a House of Lords, quite distinct with respect to
power and interest from the rest of the people; or in Poland,
the pacta conz>enta, which the king signs before he is crowned,
and in six States of the American United States.

Again, because it is unnecessary; for the powers of Con-
gress, being derived from the people in the mode pointed out
by this constitution, and being therein enumerated and posi-
tively granted, can be no other than what this positive grant
conveys. *

With respect to executive officers, they have no manner of
authority, any of them, beyond what is, by positive grant and
commission, delegated to them.

' ' That this is a consolidation of the several States, and not
a confederation. ' '

To this I answer, the name is immaterial — the thing unites
the several States, and makes them like one in particular in-

* Locke on Civil Government, vol. 2, b. 2, chap, ii, sect. 141, and in the
xiiith chap. sect. 152.

378 The Debate in the Conveiition.

stances and for particular purposes, which is what is ardently
desired by most of the sensible men in this country. I care
not whether it is called a consolidation, confederation, or na-
tional government, or by what other name, if it is a good
government, and calculated to promote the blessings of lib-
erty, tranquillity and happiness.

"It is an aristocracy^ and was intended to be so by the
framers of it."

Here again, sir, the name is immaterial, if it is a good sys-
tem of government for the general and common concerns of
the United States. But after the definition which has already
been given of an aristocratic government, it becomes unnec-
essary to repeat arguments to prove that this system does not
establish an aristocracy.

There have been some other small objections to, or rather
criticisms on this work, which I rest assured the gentlemen
who made them, will, on reflection, excuse me in omitting
to notice them.

Many parts of this constitution have been wrested and tor-
tured, in order to make way for shadowy objections, which
must have been observed by every auditor. Some other
things were said with acrimony; they seemed to be personal;
I heard the sound, but it was inarticulate. I can compare it
to nothing better than the feeble noise occasioned by the
working of small beer.

It holds in argument as well as nature, that destritctio uniiis
est generatio alterius — the refutation of an argument begets a
proof.

The objections to this constitution having been answered,
and all done away, it remains pure and unhurt, and this alone
is a forcible argument of its goodness.

Mr. President, I am sure nothing can prevail with me to
give my vote for ratifying this constitution, but a conviction
from comparing the arguments on both sides, that the not
doing it is liable to more inconvenience and danger than the
doing it.

I. If you do it, you strengthen the government and people
of these United States, and will thereby have the wisdom and
assistance of all the States.

The Debate in the Conveiition. 379

II. You will settle, establish and firmly perpetuate our in-
dependence, by destroying the vain hopes of all its enemies,
both at home and abroad.

III. You will encourage your allies to join with you; nay
to depend, that what hath been stipulated or shall hereafter
be stipulated and agreed upon, will be punctually performed,
and other nations will be induced to enter into treaties with
you.

IV. It will have a tendency to break our parties and divi-
sions, and by that means, lay a firm and solid foundation for
the future tranquility and happiness of the United States in
general, and of this State in particular.

V. It will invigorate your commerce, and encourage ship-
building.

VI. It will have a tendency not only to prevent any other
nation from making war upon you, but from offering you
any wrong or even insult.

In short, the advantages that must result from it are ob-
viously so numerous and important, and have been so fully
and ably pointed out by others, that it appears to be unnec-
essary to enlarge on this head.

Upon the whole, sir, the law has been my study from my
infancy, and my only profession. I have gone through the
circle of office, in the legislative, executive and judicial
departments of government; and from all my study, obser-
vation and experience, I must declare, that from a full exam-
ination and due consideration of this system, it appears to me
the best the world has yet seen.

I congratulate you on the fair prospect of its being adopted,
and am happy in the expectation of seeing accomplished,
what has been long my ardent wish — that you will hereafter
have a salutary permanency in magistracy and stability

IN THE LAWS.

Tuesday^ December nth.

[Mr. Wilson occupied the entire day with his reply to the
objections made to the constitution. Says the Packetfl

On Tuesday morning, Mr. Wilson entered into a general
answer of all the objections urged by the opposition, but, be-

380 The Debate in the Convention.

ing fatigued, the conclusion of his speech was postponed till
the afternoon. The substance of this, and of the several
speeches of the members on both sides, will be given in the
regular course of the debates. *

[Ivloyd's report of the speech is this:]t

Tuesday^ December nth.
Mr. Wilson. Three weeks have now elapsed since this
convention met. Some of the delegates attended on Tuesday,
the 20th of November, a great majority within a day or two
afterwards, and all but one on the fourth day. We have
been since employed in discussing the business for which we
are sent here. I think it will now become evident to every
person who takes a candid view of our discussions, that it is
high time our proceedings should draw toward a conclusion.
Perhaps our debates have already continued as long, nay
longer than is sufficient for any good purpose. The business
which we were intended to perform is necessarily reduc to
a very narrow compass. The single question to be de-
termined is, shall we assent to and ratify the constitution
proposed? As this is the first State whose convention has
met on the subject, and as the subject itself is of very great
importance, not only to Pennsylvania but to the United
States, it was thought proper fairly, openly and candidly, to
canvass it. This has been done. You have heard, Mr.
President, from day to day and from week to week, the ob-
jections that could be offered from any quarter. We have
heard those objections once — we have heard a great number
of them repeated much oftener than once. Will it answer-
any valuable end, sir, to protract these debates longer? I
suppose it will not. I apprehend it may serve to promote very
pernicious and destructive purposes. It may perhaps be in-
sinuated to other States, and even to distant parts of this
State, by people in opposition to this system, that the ex-
pediency of adopting is at most very doubtful, and that the
business labors among the members of the convention.

* Pennsylvania Packet, Dec. 13, 17S7.
t Lloyd's Debates.

The Debate in the Co7ive?ition. 381

This would not be a true representation of the fact; for
there is the greatest reason to believe, that there is a very-
considerable majority, who do not hesitate to ratify the con-
stitution. We were sent here to express the voice of our
constituents on the subject, and I believe that many of them
expected to hear the echo of that voice before this time.

When I consider the attempts that have been made on this
floor, and the many misrepresentations of what has been said
among us that have appeared in the public papers, printed in
this .city, I confess that I am induced to suspect that oppor-
tunity may be taken to pervert and abuse the principles on
which the friends of this constitution act. If attempts are
made here, will they not be repeated when the distance is
greater, and the means of information fewer? Will they not
at length produce an uneasiness, for which there is, in fact,
no cause? Ought we not to prohibit any such uses being
made of the continuance of our deliberations ? We do not
wish to preclude debate — of this our conduct has furnished
the most ample testimony. The members in opposition have
not been prevented a repetition of all their objections, that
they could urge against this plan.

The honorable gentleman from Fayette (Mr. Smilie) the
other evening claimed for the minority, the merit of contend-
ing for the rights of mankind; and he told us, that it has
been the practice of all ages, to treat such minorities with
contempt: he further took the liberty of observing, that if
the majority had the power, they do not want the inclination
to consign the minority to punishment. I know that claims,
self-made, form no small part of the merit, to which we have
heard undisguised pretences; but it is one thing to claim,
and it is another thing, very different indeed, to support
that claim. The minority, sir, are contending for the rights
of mankind; what then are the majority contending for? If
the minority are contending for the rights of mankind, the
majority must be contending for the doctrines of tyranny and
slavery. Is it probable that is the case? Who are the
majority in this assembly? Are they not the people? are
they not the representatives of the people, as well as the

382 The Dcbalc in I he Convenlion.

minority? Were lliey not elected by the people as well as
by the minority? Were they not elected by the greater part
of the people? Have we a single right separate from the
rights of the people? Can we forge fetters for others, that
will not be clasped round our own limbs? Can we make
heavy chains, that shall not cramp the growth of our own
posterity? On what fancied distinction shall the minority
assume to themselves the merit of contending- for the rights
of mankind?

Sir, if the system proposed by the late convention, and the
conduct of its advocates who have appeared in this house, de-
serve the declarations and insinuations that have been made
concerning them — well may we exclaim — 111 fated America!
thy crisis was approaching! perhaps it was come ! Thy various
interests were neglected — thy most sacred rights were insecure.
Without a government ! wathout energy ! without confidence
internally! without lespect externally! the advantages of soci-
ety were lost to thee! In such a situation, distressed but not
despairing, thou desiredst to re-assume thy native vigor, and
to lay the foundation of future empire! Thou selectedst a
number of thy sons, to meet together for the purpose. The
selected and honored characters met; but horrid to tell! they
not only consented, but they combined in an aristocratic sys-
tem, calculated and intended to enslave their country! Un-
happy Penns5dvania! thou, as a part of the union, must share
in its unfortunate fate! for when this system, after being laid
before thy citizens, comes before the delegates selected by you
for its consideration, there are found but three of the numerous
members that have virtue enough to raise their voices in
support of the rights of mankind! America, particularly
Pennsylvania, must be ill-starred indeed, if this is the true
state of the case! I trust we may address our country in far
other language.

Happy America! thy crisis was indeed alarming, but thy
situation was not desperate. We had confidence in our
country ; though on whichever side we turned, we were
presented with scenes of distress. Though the jarring inter-
ests of the various vStates, and the different habits and incli-

TJic Debate in iJic Convention. 383

nations of their inhabitants, all lay in the way, and rendered
our prospect gloomy and discouraging indeed, yet such were
the generous and mutual sacrifices offered up, that amidst
forty-two members, who represented twelve of the United
States, there were only three who did not attest the instru-
ment as a confirmation of its goodness. Happy Pennsylvania!
this plan has been laid before thy citizens for consideration,
they have sent delegates to express their voice; and listen,
with rapture listen! from only three opposition has been
heard against it.

The singular unanimity that has attended the whole pro-
gress of their business will in the minds of those considerate
men, who have not had opportunity to examine the general and
particular interest of their country, prove to their satisfaction
that it is an excellent constitution, and worthy to be adopted,
ordained and established by the people of the United States.

After having viewed the arguments drawn from probability^
whether this is a good or a bad system, whether those who
contend for it, or those who contend against it, contend for the
rights of mankind, let us step forward and examine the fact.

We were told some days ago, by the honorable gentleman
from Westmoreland (Mr. Findley), when speaking of this
system and its objects, that the convention, no doubt, thought
they were forming a compact or contract of the greatest im-
portance. Sir, I confess I was much surprised at so late a
stage of the debate to hear such principles maintained. It
was matter of surprise to see the great leading principle of
this system still so very much misunderstood. " The con-
vention, no doubt, thought they were forming 'a contract!' "
I cannot answer for what every member thought; but I be-
lieve it cannot be said that they thought they were making a
contract, because I cannot discover the least trace of a com-
pact in that system. There can be no compact unless there
are more parties than one. It is a new doctrine that one can
make a compact with himself. "The convention were form-
ing compacts!" With whom? I know no bargains that
were made there. I am unable to conceive who the parties
could be. The State governments make a bargain with one

384 The Debate in the Cojivention.

another; that is the doctrine that is endeavored to be estab-
lished, by gentlemen in opposition; their State sovereignties
wish to be represented! But far other were the ideas of this
convention, and far other are those conveyed in the system
itself.

As this subject has been often mentioned, and as often mis-
understood, it may not be improper to take some further no-
tice of it. This, Mr. President, is not a government founded
upon compact; it is founded upon the power of the people.
They express in their name and their authority, '•''We the
People do ordain and establish^'''' &c., from their ratification,
and their ratification alone it is to take its constitutional au-
thenticity; without that it is no more than tabula rasa.

I know very well all the common -place rant of State sove-
reignties, and that government is founded in original com-
pact. If that position was examined, it will be found not to
accede very well with the true principle of free government.
It does not suit the language or genius of the system before
us. I think it does not accord with experience, so far as I
have been able to obtain information from history.

The greatest part of governments have been founded on
conquest; perhaps a few early ones may have had their origin
in paternal authority. Sometimes a family united, and that
family after\^ards extended itself into a community. But
the greatest governments which have appeared on the face of
the globe have been founded in conquest. The great empires
of Assyria, Persia, Macedonia and Rome, were all of this
kind. I know well that in Great Britain, since the revolu-
tion, it has become a principle that the constitution is founded
in contract; but the form and time of that contract no writer
has yet attempted to discover. It was, however, recognized
at the time of the revolution, therefore is politically true.
But we should act very imprudently to consider our liberties
as placed on such foundation.

If we go a little further on this subject, I think we see
that the doctrine of original compact cannot be supported
consistently with the best principles of government. If we
admit it, we exclude the idea of amendment; because a con-

The Debate in the Convention. 385

tract once entered into between the governor and governed
becomes obligatory, and cannot be altered but by the mu-
tual consent of both parties. The citizens of United Amer-
ica, I presume, do not wish to stand on that footing, with
those to whom, from convenience, they please to delegate the
exercise of the general powers necessary for sustaining and
preserving the Union. They wish a principle established, by
the operation of which the legislatures may feel the direct
authority of the people. The people possessing that author-
ity, will continue to exercise it by amending and improving
their own work. This constitution maybe found to have
defects in it; amendments hence may become necessary; but
the idea of a government founded on contract, destroys the
means of improvement. We hear it every time the gentle-
men are up, " Shall we violate the confederation, which directs
every alteration that is thought necessary to be established
by the State legislatures only?" Sir, those gentlemen must
ascend to a higher source; the people fetter themselves by no
contract. If your State legislatures have cramped themselves
by compact, it was done without the authority of the people,
who alone possess the supreme power.

I have already shown, that this system is not a compact or
contract; the system itself tells you w^liat it is; it is an ordi-
nance and establishment of the people. I think that the
force of the introduction to the work, must by this time have
been felt. It is not an unmeaning flourish. The expressions
declare, in a practical manner, the principle of this constitu-
tion. It is ordained and established by the people themselves ;
and we, who give our votes for it, are merely the proxies of
our constituents. We sign it as their attorneys, and as to our-
selves, we agree to it as individuals.

We are told by honorable gentlemen in opposition, "that
the present confederation should have been continued, but
that additional powers should have been given to it: that
such was the business of the late convention, and that they
had assumed to themselves the power of proposing another
in its stead; and that which is proposed, is such an one as
was not expected by the legistatures nor by the people." I
25

386 TJie Debate iit the Convention.

apprehend this would have been a very insecure, very inade-
quate, and a very pernicious mode of proceeding. Under the
present confederation, Congress certainly do not possess suf-
ficent power; but one body of men we know they are; and
were they invested with additional powers, they must become
dangerous. Did not the honorable gentleman himself tell us,
that the powers of government, vested either in one man, or
one body of men, formed the very description of tyranny?
To have placed in the present, the legislative, the executive
and judicial authority, all of which are essential to the gen-
eral government, would indubitably have produced the sever-
est despotism. From this short deduction, one of these two
things must have appeared to the convention, and must ap-
pear to every man, who is at the pains of thinking on the
subject. It was indispensably necessary, either to make a
new distribution of the powers of government, or to give such
powers to one body of men as would constitute a tyranny.
If it was proper to avoid tyranny, it becomes requisite to
avoid placing additional powers in the hands of a Congress,
constituted like the present; hence the conclusion is war-
ranted, that a different organization ought to take place.

Our next inquiry ought to be, whether this is the most
proper disposition and organization of the necessary powers.
But before I consider this subject, I think it proper to notice
one sentiment, expressed by an honorable gentleman from the
county of Cumberland (Mr. Whitehill) ; he asserts the extent
of the government is too great, and this system cannot be
executed. What is the consequence, if this assertion is true?
It strikes directly at the root of the Union.

I admit, Mr. President, there are great difficulties in adap-
ting a system of good and free governments to the extent of
our country. But I am sure that our interests as citizens, as
States and as a nation, depend essentially upon an Union.
This constitution is proposed to accomplish that great and
desirable end. Let the experiment be made, let the system
be fairly and candidly tried, before it is determined that it
cannot be executed.

I proceed to another objection; for I mean to answer those

The Debate in the Convention. 387

that have been suggested, since I had the honor of addressing
you last week. It has been alleged by honorable gentlemen,
that this general government possesses powers, for ijtternal
purposes, and that the general government cannot exercise
internal powers. The honorable member from Westmore-
land (Mr. Findley) dilates on this subject, and instances the
opposition that was made by the colonies against Great
Britain, to prevent her imposing internal taxes or excises.
And before the Federal Government will be able to impose
the one, or obtain the other, he considers it necessary that it
should possess power for every internal purpose.

Let us examine these objections; if this government does
not possess internal as well as external power, and that power
for internal as well as external purposes, I apprehend that
all that has hitherto been done, must go for nothing. I ap-
prehend a government that cannot answer the purposes for
which it is intended, is not a government for this country. I
know that Congress, under the present articles of confedera-
tion, possess no internal power, and we see the consequences:
they can recommend; they can go further, they can make
requisitions; but there they must stop. For as far as I recol-
lect, after making a law, they cannot take a single step to-
wards carrying it into execution. I believe it will be found
in experience, that with regard to the exercise of internal
powers, the general government will not be unnecessarily
rigorous. The future collection of the duties and imposts,
will, in the opinion of some, supersede the necescity of hav-
ing recourse to internal taxation. The United States will
not, perhaps, be often under the necessity of using this power
at all; but if they should, it will be exercised only in a
moderate degree. The good sense of the citizens of the
United States, is not to be alarmed by the picture of taxes
collected at the point of the bayonet. There is no more rea-
son to suppose that the delegates and representatives in Con-
gress, any more than the legislature of Pennsylvania, or any
other State, will act in this manner. Insinuations of this
kind, made against one body of men, and not against another,
though both the representatives of the people, are not made

388 The Debate in the Convention.

with propriety, nor will they have the weight of argument.
I apprehend the greatest part of the revenue will arise from
external taxation. But certainly it would have been very
unwise in the late convention to have omitted the addition
of the other powers; and I think it would be very unwise in
this convention to refuse to adopt this constitution, because
it grants Congress power to lay and collect taxes, for the pur-
pose of providing for the common defense and general wel-
fare of the United States.

What is to be done to effect these great purposes, if an im-
post should be found insufficient? Suppose a war was sud-
denly declared against us by a foreign power, possessed of a
formidable navy: our navigation would be laid prostrate, our
imposts must cease; and shall our existence as a nation, de-
pend upon the peaceful navigation of our seas? A strong
exertion of maritime power, on the part of an enemy, might
deprive us of these sources of revenue in a few months. It
may suit honorable gentlemen, who live at the western ex-
tremity of this State, that they should contribute nothing, by
internal taxes, to the support of the general government.
They care not what restraints are laid upon our commerce;
for what is the commerce of Philadelphia to the inhabitants
on the other side the Alleghany Mountain? But though it
may suit them, it does not suit those in the lower part of the
State, who are by far the most numerous. Nor can we
agree that our safety should depend altogether upon a
revenue arising from commerce.

Excise may be a necessary mode of taxation; it takes place
in most States already.

The capitation tax is mentioned as one of those that are
exceptionable. In some States, that mode of taxation is used;
but I believe in many, it would be received with great reluc-
tance; there are one or two States, where it is constantly in
use, and without any difficulties and inconveniences arising
from it. An excise, in its very principles, is an improper
tax, if it could be avoided; but yet it has been a source of
revenue in Pennsylvania, both before the revolution and
since; during all which time, we have enjoyed the benefit of
free government.

The Debate in the Convention. 389

I presume, sir, that the executive powers of government
ought to be commensurate with the government itself, and
that a government which cannot act in every part, is so far
defective. Consequently it is necessary, that Congress pos-
sess powers to tax internally, as well as externally.

It is objected to this system, that under it there is no sov-
ereignty left in the State governments. I have had occasion
to reply to this already; but I should be very glad to know at
what period the State governments became possessed of the
supreme power. On the principle on which I found my
arguments, and that is the principle of this constitution, the
supreme power resides in the people. If they choose to in-
dulge a part of their sovereign power to be exercised by the
State governments, they may. If they have done it, the
States were right in exercising it; but if they think it no
longer safe or convenient, they will resume it, or make a new
distribution, mere likely to be productive of that good, which
ought to be our constant aim.

The power both of the general government, and the State
governments, under this system, are acknowledged to be so
many emanations of power from the people. The great ob-
ject now to be attended to, instead of disagreeing about who
shall possess the supreme power, is to consider whether the
present arrangement is well calculated to promote and secure
the tranquility and happiness of our common country. These
are the dictates of sound and unsophisticated sense, and what
ought to employ the attention and judgment of this honorable
body.

We are next told, by the honorable gentlemen in opposition
(as indeed we have been from the beginning of the debates in
this convention, to the conclusion of their speeches yester-
day) that this is a consolidated government, and will abolish
the State governments. Definitions of a consolidated govern-
ment have been called for; the gentlemen gave us what they
termed definitions, but it does not seem, to me at least, that
they have as yet expressed clear ideas upon that subject. I
will endeavor to state their different ideas upon this point.

The gentleman from Westmoreland (Mr. Findley) when

390 TJie Debate in the Convention.

speaking on this subject, says, that he means by a consolida-
tion, that government which puts the thirteen States into
one.

The honorable gentleman from Fayette (Mr. Smilie) gives
you this definition: "What I mean by a consolidated govern-
ment, is one that will transfer the sovereignty from the State
governments to the general government."

The honorable member from Cumberland (Mr. Whitehill)
instead of giving you a definition, sir, tells you again, that
"it is a consolidated government, and we have proved it so."

These, I think, sir, are the different descriptions given us
of a consolidated government. As to the first, that it is a
consolidated government, that puts the thirteen United
States into one; if it is meant, that the general government
will destroy the governments of the States, I will admit that
such a government would not suit the people of America: It
would be improper for this country, because it could not be
proportioned to its extent on the principles of freedom. But
that description does not apply to the system before you.
This, instead of placing the State governments in jeopardy,
is founded on their existence. On this principle, its organi-
zation depends; it must stand or fall, as the State governments
are secured or ruined. Therefore, though this may be a very
proper description of a consolidating government, yet it must
be disregarded as inapplicable to the proposed constitution.
It is not treated with decency, when such insinuations are
offered against it.

The honorable gentleman (Mr. Smilie) tells you, that a
consolidating government "is one that will transfer the
sovereignty from the State governments to the general gov-
ernment." Under this system, the sovereignty is not in the
possession of the State governments, therefore it cannot be
transferred from them to the general government. So that
in no point of view of this definition, can we discover that it
applies to the present system.

In the exercise of its powers will be insured the exercise
of their powers to the State government; it will insure peace
and stability to them; their strength will increase with its
strength, their growth will extend with its growth.

The Debate in the Convention. 391

Indeed, narrow minds, and some sucli there are in every
government — narrow minds, and intriguing spirits — will be
active in sowing dissentions and promoting discord between
them. But those whose understandings and whose hearts
are good enough to pursue the general welfare, will find, that
what is the interest of the whole, must, on the great scale, be
the interest of every part. It will be the duty of a State, as
of an individual, to sacrifice her own convenience to the gen-
eral good of the Union.

The next objection that I mean to take notice of is, that
the powers of the several parts of this government are not
kept as distinct and independent as they ought to be. I ad-
mit the truth of this general sentiment. I do not think, that
in the powers of the Senate, the distinction is marked with
so much accuracy as I wished, and still wish; but yet I am
of opinion that real and effectual security is obtained, which
is saying a great deal. I do not consider this part as wholly
unexceptionable; but even where there are defects in this
system, they are improvements upon the old. I will go a
little further; though in this system, the distinction and in-
dependence of power is not adhered to with entire theoretical
precision, yet it is more strictly adhered to than in any other
system of government in the world. In the Constitution of
Pennsylvania, the executive department exercises judicial
powers, in the trial of public officers; yet a similar power in
this system is complained of ; at the same time the constitu-
tion of Pennsylvania is referred to, as an example for the late
convention to have taken a lesson by.

In New Jersey, in Georgia, in South Carolina, and in
North Carolina, the executive power is blended with the
legislative. Turn to their constitutions, and see in how many
instances.

In North Carolina, the senate and house of commons elect
the governor himself; they likewise elect seven persons, to
be a council of State, to advise the governor in the execution
of his office. Here we find the whole executive department
under the nomination of the legislature, at least the most im-
portant part of it.

392 The Debate in the Coiivention,

In South Carolina, the legislature appoint the governor and
commander-in-chief, lieutenant governor and privy council.
"Justices of the peace shall be nominated by the legislature,
and commissioned by the governor," and what is more, they
are appointed during pleasure. All other judicial ofi&cers are
to be appointed by the senate and house of representatives. I
might go further, and detail a great multitude of instances,
in which the legislative, executive, and judicial powers are
blended, but it is unnecessary; I only mention these to show,
that though this constitution does not arrive at what is called
perfection, yet it contains great improvements, and its pow-
ers are distributed with a degree of accuracy superior to what
is termed accuracy, in particular States.

There are four instances in which improper powers are said
to be blended in the Senate. We are told, that this govern-
ment is imperfect, because the Senate possess the power of
trying impeachments. But here, sir, the Senate are under a
check, as no impeachment can be tried until it is made; and
the House of Representatives possess the sole power of mak-
ing impeachments. We are told that the share which the
Senate have in making treaties, is exceptionable; but here
they are also under a check, by a constituent part of the gov-
ernment, and nearly the immediate representative of the peo-
ple— I mean the President of the United States, They can
make no treaty without his concurrence. The same observa-
tion applies in the appointment of officers. Every officer
must be nominated solely and exclusively by the President.

Much has been said on the subject of treaties, and this
power is denominated a blending of the legislative and exec-
utive powers in the Senate. It is but justice to represent the
favorable, as well as unfavorable side of a question, and from
thence determine whether the objectionable parts are of a
sufficient weight to induce a rejection of this constitution.

There is no doubt, sir, but under this constitution, treaties
will become the supreme law of the land; nor is there any
doubt but the Senate and President possess the power of
making them. But though treaties are to have the force of
laws, they are in some important respects very different from

The Debate in the Convention.

393

other acts of legislation. In making laws, our own consent
alone is necessary. In forming treaties, the concurrence of
another power becomes necessary ; treaties, sir, are truly con-
tracts, or compacts, between the different states, nations, or
princes, who find it convenient or necessary to enter into
them. Some gentlemen are of opinion, that the power of
making treaties should have been placed in the legislature at
large; there are, however, reasons that operate with a great
force on the other side. Treaties are frequently (especially
in time of war) of such a nature that it would be extremely
improper to publish them, or even commit the secret of their
negotiation to any great number of persons. For my part I
am not an advocate for secrecy in transactions relating to the
public; not generally even in forming treaties, because I
think that the history of the diplomatique corps will evince,
even in that great department of politics, the truth of an old
adage, that "honesty is the best policy," and this is the con-
duct of the most able negotiators; yet sometimes secrecy may
be necessary, and therefore it becomes an argument against
committing the knowledge of these transactions to too many
persons. But in their nature treaties originate differently
from laws. They are made by equal parties, and each side
has half of the bargain to make; they will be made between
us and the powers at the distance of three thousand miles.
A long series of negotiations will frequently precede them;
and can it be the opinion of these gentlemen, that the legis-
lature should be in session during this whole time ? It well
deserves to be remarked, that though the house of represen-
tatives possess no active part in making treaties, yet their
legislative authority will be found to have strong restraining
influence upon both President and Senate. In England, if
the king and his ministers find themselves, during their
negotiation, to be embarrassed, because an existing law is
not repealed, or a new law is not enacted, they give notice
to the legislature of their situation, and inform them that it
will be necessary, before the treaty can operate, that some
law be repealed, or some be made. And will not the same
thing take place here? Shall less prudence, less caution,

394 '^^^^ Debate in the Convention.

less moderation, take place among those who negotiate
treaties for the United States, than among those who nego-
tiate them for the other nations of the earth? And let it be
attended to, that even in the making treaties the States are
immediately represented, and the people mediately repre-
sented; two of the constituent parts of the government must
concur in making them. Neither the President nor the Sen-
ate solely, can comjDlete a treaty; they are checks upon each
other, and are so balanced as to produce security to the
people.

I might suggest other reasons, to add weight to what has
already been offered, but I believe it is not necessary; yet let
me, however, add one thing, the Senate is a favorite with
many of the States, and it was with difficulty that these
checks could be procured; it was one of the last exertions of
conciliation, in the late convention, that obtained them.

It has been alleged, as a consequence of the small number
of representatives, that they will not know as intimately as
they ought, the interests, inclinations, or habits, of their con-
stituents.

We find on an examination of all its parts, that the objects
of this government are such as extend beyond the bounds of
the particular States. This is the line of distinction between
this government and the particular State governments.

This principle I had an opportunity of illustrating on a
former occasion. Now when we come to consider the objects
of this government, we shall find, that in making our choice
of a proper character to be a member of the House of Repre-
sentatives, we ought to fix on one, whose mind and heart are
enlarged; who possesses a general knowledge of the interests
of America, and a disposition to make use of that knowledge
for the advantage and welfare of his country. It belongs not
to this government to make an act for a particular township,
county, or State.

A defect in viinnte information, has not certainly been an
objection in the management of the business of the United
States, but the want of enlarged ideas, has hitherto been
chargeable on our councils; yet even with regard to minute

The Debate in the Convention. 395

knowledge, I do not conceive it impossible to find eight char-
acters, that may be very well informed as to the sitnation,
interests and views of every part of this State; and who may
have a concomitant interest with their fellow citizens: they
could not materially injure others, without affecting their
own fortunes.

I did say, that in order to obtain that enlarged information
in our representatives, a large district for election would be
more proper than a small one. When I speak of large dis-
tricts, it is not agreeble to the idea entertained by the honor-
able member from Fayette (Mr. Smilie), who tells you, that
elections for large districts must be ill attended, because the
jDeople will not choose to go very far on this business. It is
not meant, sir, by me, that the votes should be taken at one
place; no, sir, the elections may be held through this State,
in the same manner as elections for members of the general
assembly, and this may be done too without any additional
inconvenience or expense.

If it could be effected, all the people of the same society
ought to meet in one place, and communicate freely with
each other on the great business of representation. Though
this cannot be done in fact, yet we find that it is the most
favorite and constitutional idea. It is supported by this
principle too, that every member is the representative of the
whole community, and not of a particular part. The larger
therefore the district is, the greater is the probability of select-
ing wise and virtuous characters, and the more agreeable it
is to the constitutional principle of representation.

As to the objection, that the House of Representatives may
be bribed by the Senate, I confess I do not see that bribery
is an objection against this system; it is rather an objection
against human nature. I am afraid that bribes in every gov-
ernment may be offered and received; but let me ask of the
gentlemen who urge this objection, to point out where any
power is given to bribe tinder this Constitution? Every
species of influence is guarded against as much as possible.
Can the Senate procure money to effect such design ? All
public moneys must be disposed of by law, and it is necessary

396 The Debate in the Convention.

that the House of Representatives originate such law. Be-
fore the money can be got out of the treasury, it must be ap-
propriated by law. If the legislature had the effrontery to
set aside three or four hundred thousand pounds for this pur-
pose, and the people would tamely suffer it, I grant it might
be done; and in Pennsyvania the legislature might do the
same; for by a law, and that conformably to the Constitution,
they might divide among themselves what portion of the
public money they pleased. I shall just remark, Sir, that
the objections which have repeatedly been made, with regard
to " the number of representatives being too small, and that
they may possibly be made smaller; that the districts are too
large, and not within the reach of the people ; and that the
House of Representatives may be bribed by the Senate."
These objections come with an uncommon degree of impro-
priety, from those who would refer us back to the articles of
confederation. For under those the representation of this
State cannot exceed seven members, and may consist of only
two; and these are wholly without the reach or control of the
people. Is there not also greater danger that the majority of
such a body might be more easily bribed, than the majority
of one, not only more numerous, but checked by a division
of two or three distinct and independent parts? The danger
is certainly better guarded against in the proposed system,
than in any other yet devised.

The next objections which I shall notice, are, "that the
powers of the Senate are too great, that the representation
therein is unequal, and that the Senate, from the smallness
of its number, may be bribed. ' ' Is there any propriety in
referring us to the confederation on this subject? Because,
in one or two instances, the Senate possess more power than
the House of Representatives, are these gentlemen supported
in their remarks, when they tell you they wished and ex-
pected more powers to be given to the present Congress, a
body certainly much more exceptionable than any instituted
under this system?

"That the representation in the Senate is unequal," I
regret, because I am of opinion the States ought to be repre-

The Debate in the Convention. ^97

sented according to their importance; but in this system
there is considerable improvement; for the true principle of
representation is carried into the House of Representatives,
and into the choice of the President; and without the assist-
ance of one or the other of these, the Senate is inactive, and
can do neither good or evil.

It is repeated again and again, by the honorable gentle-
men, "that the power over elections, which is given to the
general government in this system, is a dangerous power. "
I must own I feel myself surprised that an objection of this
kind should be persisted in, after what has been said by my
honorable colleague in reply. I think it has appeared by a
minute investigation of the subject, that it would have been
not only unwise, but highly improper in the late convention,
to have omitted this clause, or given less power than it does
over elections. Such powers, sir, are enjoyed by every State
government in the United States. In some, they are of a
much greater magnitude; and why should this be the only
one deprived of them? Ought not this, as well as every
other legislative body, to have the power of judging of the
qualifications of its own members? "The times, places and
manner of holding elections for representatives, may be
altered by Congress." This power, sir, has been shown to
be necessary, not only on some particular occasions, but even
to the ver}' existence of the federal government. I have
heard some very improbable suspicions indeed, suggested
with regard to the manner in which it will be exercised.
Let us suppose it may be improperly exercised; is it not
more likely so to be by the particular States, than by the
government of the United States? because the general gov-
ernment will be more studious of the good of the whole, than
a particular State will be; and therefore, when the power of
regulating the time, place or manner of holding elections is
exercised by the Congress, it will be to correct the improper
regulations of a particular State.

I now proceed to the second article of this Constitution,
which relates to the executive department.

I find. Sir, from an attention to the argument used by the

39=^

The Debate in the Convention.

gentlemen on the other side of the house, that there are but
few exceptions taken to this part of the system. I shall take
notice of them, and afterwards point out some valuable quali-
fications, which I think this part possesses in an eminent de-
gree.

The objection against the powers of the President, is not
that they are too many or too great, but to state it in the
gentlemen's own language, they are so trifling, that the Pre-
sident is no more than the tool of the Senate.

Now, Sir, I do not apprehend this to be the case, because
I see that he may do a great many things independent of the
Senate; and with respect to the executive powers of govern-
ment in which the Senate participate, they can do nothing
without him. Now I would ask, which is most likely to be
the tool of the other? Clearly, Sir, he holds the helm, and
the vessel can proceed neither in one direction nor another,
without his concurrence. It was expected by many, that
the cry would have been against the powers of the President
as a monarchical power; indeed the echo of such sound was
heard, some time before the rise of the late convention.
There were men at that time, determined to make an attack
upon whatever system should be proposed, but they mistook
the point of direction. Had the President possessed those
powers, which the opposition on this floor are willing to con-
sign him, of making treaties, and appointing officers, with
the advice of a council of State, the clamor would have been,
that the House of Representatives, and the Senate, were the
tools of the monarch. This, Sir, is but conjecture, but I leave
it to those who are acquainted with the current of the poli-
tics pursued by the enemies to this system, to determine
whether it is a reasonable conjecture or not.

The manner of appointing the President of the United
States, I find, is not objected to, therefore I shall say little on
that point. But I think it well worth while to state to this
house, how little the difficulties, even in the most difficult
part of this system, appear to have been noticed by the hon-
orable gentlemen in opposition. The Convention, Sir, were
perplexed with no part of this plan so much as with the mode

The Debate m the Convention. ^QQ

of choosing the President of the United States. For my own
part, I think the most unexceptionable mode, next after the
one prescribed in this Constitution, would be that practised
by the eastern States, and the State of New York; yet if
gentlemen object, that an eighth part of our country forms
a district too large for elections, how much more would they
object, if it was extended to the whole Union? On this sub-
ject, it was the opinion of a great majority in Convention, that
the thing was impracticable; other embarrassments presented
themselves.

Was the President to be appointed by the legislature? was
he to continue a certain time in office, and afterward was he
to become inelegible?

To have the executive officers dependent upon the legisla-
tive, would certainly be a violation of that principle, so neces-
sary to preserve the freedom of republics, that the legislative
and executive powers should be separate and independent.
Would it have been proper, that he should be appointed
by the Senate? I apprehend that still stronger objections
could be urged against that — cabal, intrigue, corruption —
every thing bad would have been the necessary concomitant
of every election.

To avoid the inconveniences already enumerated, and many
others that might be suggested, the mode before us was
adopted. By it we avoid corruption, and we are little exposed
to the lesser evils of party and intrigue; and when the gov-
ernment shall be organized, proper care will undoubtedly be
taken to counteract influence even of that nature — the consti-
tution, with the same view, has directed that the day on
which the electors shall give their votes, shall be the same
throughout the United States. I flatter myself the experi-
ment will be a happy one for our country.

The choice of this officer is brought as nearly home to the
people as is practicable; with the approbation of the State
legislatures, the people may elect with only one remove; for
"each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors equal to the whole
number of senators and representatives, to which the State

400 The Debate in the Convention,

may be entitled in Congress." Under this regulation, it will
not be easy to corrupt the electors, and there will be little
time or opportunity for tumult or intrigue. This, Sir, will
not be like the elections of a Polish diet, begun in noise and
ending in bloodshed.

If gentlemen will look into this article, and read for them-
selves, they will find that there is no well-grounded reason
to suspect the President will be the /cc/of the Senate. "The
President shall be commander in chief of the army and navy
of the United States, and of the milita of the several States,
when called into the actual service of the United States.
He may require the opinion in writing of the principal officers
in each of the executive departments, upon any subject rela-
tive to the duties of their respective offices; and he shall have
power to grant reprieves and pardons, for offences against the
United States." Must the President, after all, be called the
tool of the Senate ? I do not mean to insinuate that he has
more powers than he ought to have, but merely to declare,
that they are of such a nature as to place him above expres-
sions of contempt.

There is another power of no small magnitude, entrusted
to this officer: "He shall take care that the laws be faith-
fully executed."

I apprehend, that in the administration of this government, it
will not be found necessary for the Senate always to sit. I know
some gentlemen have insinuated and conjectured, that this
will be the case, but I am inclined to a contrary opinion. If
they had employment every day, no doubt but it might be the
wish of the Senate to continue their session; but from the
nature of their business, I do not think it will be necessary
for them to attend longer than the House of Representatives.
Besides their legislative powers, they possess three others,
viz., trying impeachments, concurring in making treaties, and
in appointing officers. With regard to their power in mak-
ing treaties, it is of importance that it should be very seldom
exercised — we are happily removed from the vortex of
European politics, and the fewer and the more simple our
negotiations with European powers, the better they will be;

The Debate in the Convention. 401

if such be the case, it will be but once in a number of years,
that a single treaty will come before the Senate. I think,
therefore, that on this account it will be unnecessary to sit
constantly. With regard to the trial of impeachments, I
hope it is what will seldom happen. In this observation,
the experience of the ten last years supports me. Now there
is only left the power of concurring in the appointment of
officers; but care is taken, in this constitution, that this
branch of business may be done without their presence — the
President is authorized to fill up all vacancies that may
happen during the recess of the Senate, by granting commis-
sions, which shall expire at the end of their next session. So
that on the whole the Senate need not sit longer than the
House of Representatives, at the public expense; and no
doubt if apprehensions are entertained of the Senate, the
House of Representatives will not provide pay for them one
day longer than is necessary. But what (it will be asked) is
this great power of the President? he can fill the offices only
by temporary appointments. True: but every person knows
the advantage of being once introduced into an office; it is
often of more importance than the highest recommendation.

Having now done with the legislative and executive
branches of this government, I shall just remark, that upon
the whole of the executive, it appears that the gentlemen in
opposition state nothing as exceptionable but the deficiency
of powers in the President; but rather seem to allow some
degree of political merit in this department of government.

I now proceed to the judicial department; and here, Mr.
President, I meet an objection I confess I had not expected;
and it seems it did not occur to the honorable gentleman
(Mr. Findley) who made it, until a few days ago.

He alleges that the judges, under this constitution, are
not rendered sufficiently independent, because they may hold
other offices; and though they may be independent as judges,
yet their other office may depend upon the legislature. I
confess, sir, this objection appears to me to be a little wire-
drawn in the first place; the legislature can appoint to no
office, therefore the dependence could not be on them for the
26

402 The Debate in the Convention.

office, but rather on the President and Senate; but then these
cannot add the salary, because no money can be appropriated
but in consequence of a law of the United States. No sine-
cure can be bestowed on any judge, but by the concurrence
of the whole legislature and of the President; and I do not
think this an event that will probably happen.

It is true, that there is a provision made in the Constitution
of Pennsylvania, that the judges shall not be allowed to hold
any other office whatsoever; and I believe they are expressly
forbidden to sit in Congress; but this, sir, is not introduced
as a principle into this constitution. There are many States
in the Union, whose constitutions do not limit the usefulness
of their best men, or exclude them from rendering such ser-
vices to their country, for which they are found eminently
qualified. New York, far from restricting their chancellor
or judges of the Supreme Court from a seat in Congress, ex-
pressly provide for sending them there on extraordinary occa-
sions. In Connecticut, the judges are not precluded from
enjoying other offices. Judges from many States have sat in
Congress. Now it is not to be expected, that eleven or
twelve States are to change their sentiments and practice on
this subject, to accommodate themselves to Pennsylvania.

It is again alleged against this system, that the powers of
the judges are too extensive; but I will not trouble you, sir,
with a repetition of what I had the honor of delivering the
other day ; I hope the result of those arguments gave satisfac-
tion, and proved that the judicial were commensurate with
the legislative powers; that they went no further, and that
they ought to go so far.

The laws of Congress being made for the Union, no par-
ticular State can be alone affected; and as they are to provide
for the general purposes of the Union, so ought they to have
the means of making the provisions effectual, over all that
country included within the Union.

Eodem Die^ lyS'/^ P. M.
Mr. Wilson. I shall now proceed, Mr. President, to notice
the remainder of the objections that have been suggested, by

The Debate m the Convention. 403

the honorable gentlemen who oppose the system now before
you.

We have been told, Sir, by the honorable member from
Fayette (Mr. Smilie), "that the trial by ]\iry vfSiS iyitended
to be given up, and the civil law was intended to be intro-
duced into its place, in civil cases."

Before a sentiment of this kind was hazarded, I think. Sir,
the gentleman ought to be prepared with better proofs in its
support, than any he has yet attempted to produce. It is a
charge, Sir, not only unwarrantable, but cruel; the idea of
such a thing, I believe, never entered into the mind of a
single member of that convention; and I believe further, that
they never suspected there would be found within the United
States, a single person that was capable of making such a
charge. If it should be well founded. Sir, they must abide
by the consequences, but if (as I trust it will fully appear) it
is ill founded, then he or they who make it, ought to abide
by the consequences.

Trial by jury forms a large field for investigation, and
numerous volumes are written on the subject; those who are
well acquainted with it may employ much time in its discus-
sion; but in a country where its excellence is so well under-
stood, it may not be necessary to be very prolix, in pointing
them out. For my part, I shall confine myself to a few ob-
servations in reply to the objections that have been suggested.

The member from Fayette (Mr. Smilie) has labored to in-
fer, that under the articles of confederation, the Congress
possessed no appellate jurisdiction; but this being decided
against him, by the words of that instrument, by which is
granted to Congress the power of "establishing courts for re-
ceiving and determining, finally, appeals in all cases of cap-
ture;" he next attempts a distinction, and allows the power
of appealing from the decisions of the judges, but not from
the verdict of a jury; but this is determined against him also,
by the practice of the States; for in every instance which has
occurred, this power has been claimed by Congress, and ex-
ercised, by the court of appeals; but what would be the con-
sequences of allowing the doctrine for which he contends?

404 The Debate in the Convention.

Would it not be in the power of a jury, by their verdict, to
involve the whole Union in a war? They may condemn the
property of a natural, or otherwise infringe the law of nations;
in this case ought their verdict to be without revisal? Noth-
ing can be inferred from this, to prove that trials by jury
were intended to be given up. In Massachusetts, and all the
Eastern States, these causes are tried by juries, though they
acknowledge the appellate jurisdiction of Congress.

I think I am not now to learn the advantages of a trial by
jury; it has excellencies that entitle it to a superiority over
any other mode, in cases to which it is applicable.

When jurors can be acquainted with the characters of the
parties and the witnesses, where the whole cause can be
brought within their knowledge and their view, I know no
mode of investigation equal to that by a jury: they hear every
thing that is alleged ; they not only hear the words, but they
see and mark the features of the countenance; they can judge
of weight due to such testimony; and moreover, it is a cheap
and expeditious manner of distributing justice. There is an-
other advantage annexed to the trial by jury; the jurors may
indeed return a mistaken, or ill founded verdict, but their
errors cannot be systematical.

Let us apply these observations to the objects of the judi-
cial department, under this constitution. I think it has been
shewn already, that they all extend beyond the bounds of
any particular State; but further, a great number of the civil
causes there enumerated, depend either upon the law of
nations, or the marine law, that is, the general law of mer-
cantile countries. Now, Sir, in such causes, I presume it
will not be pretended that this mode of decision ought to be
adopted; for the law with regard to them is the same here
as in every other country, and ought to be administered in the
same manner. There are instances, in which I think it
highly probable, that the trial by jury will be found proper;
and if it is highly probable that it will be found proper, is
it not equally probable, that it will be adopted? There may
be causes depending between citizens of different States, and
as trial by jury is known and regarded in all the States, they

The Debate in the Convention. 405

will certainly prefer that mode of trial before any other.
The Congress will have the power of making proper regula-
tions on this subject, but it was impossible for the convention
to have gone minutely into it; but if they could, it must
have been very improper, because alterations, as I observed
before, might have been necessary; and whatever the con-
vention might have done would have continued unaltered,
unless by an alteration of the Constitution. Besides, there
was another difficulty with regard to this subject. In some
of the States they have courts of chancery, and other appel-
late jurisdictions, and those State are as attached to that
mode of distributing justice, as those that have none are to
theirs,

I have desired, repeatedly, that honorable gentlemen, who
find fault, would be good enough to point out what they deem
to be an improvement. The member from Westmoreland
(Mr. Findley) tells us, that the trial between citizens of dif-
ferent States ought to be by a jury of that State in which the
cause of action arose. Now it is easy to see, that in many
instances, this would be very improper and very partial ; for
beside the different manner of collecting and forming juries
in the several States, the plaintiff comes from another State;
he comes a stranger, unknown as to his character or mode of
life, while the other party is in the midst of his friends, or
perhaps his dependents. Would a trial by jury in such a
case ensure justice to the stranger? But again; I would ask
that gentleman, whether if a great part of his fortune was in
the hands of some person in Rhode Island, he would wish
that his action to recover it, should be determined by a jury
of that country, under its present circumstances?

The gentleman from Fayette (Mr. Smilie) says, that if the
convention found themselves embarrassed, at least they might
have done thus much — they should have declared, that the sub-
stance should be secured by Congress; this would be saying
nothing unless the cases were particularized.

Mr. Smilie. I said the convention ought to have declared,
that the legislature should establish the trial by jury by
proper regulations.

4o6 The Debate in the Convention.

Mr. Wilson, The legislature shall establish it by proper
regulations ! So after all, the gentleman has landed us at the
very point from which we set out. He wishes them to do the
very thing they have done, to leave it to the discretion of
Congress. The fact, sir, is, nothing more could be done.

It is well known, that there are some cases that should not
come before juries; there are others, that in some of the
States never come before juries, and in those States where
they do come before them, appeals are found necessary, the
facts re-examined, and the verdict of the jury sometimes is
set aside; but I think in all cases, where the cause has come
originally before a jury, that the last examination ought to
be before a jury likewise.

The power of having appellate jurisdiction, as to facts, has
been insisted upon as a proof, "that the convention intended
to give np the trial by jury in civil cases, and to introduce
the civil law." I have already declared my own opinion on
this point, and have shown, not merely, that it is founded on
reason and authority. The express declaration of Congress *
is to the same purpose: They insist upon this power, as re-
quisite to preserve the peace of the Union; certainly, there-
fore, it ought always to be possessed by the head of the con-
federacy.

We are told, as an additional proof, that the trial by jury
was intended to be given up, "that appeals are unknown to
the common law; that the term is a civil law term, and with
it the civil law is intended to be introduced." I confess I
was a good deal surprised at this observation being made; for
Blackstone, in the very volume which the honorable member
(Mr. Smilie) had in his hand and read us several extracts
from, has a chapter entitled "of proceeding in the nature of
appeals; " and in that chapter says, that the principal method
of redress for erroneous judgments in the king's courts of re-
cord, is by writ of error to some superior ^^ court of appeal.'' '''\
Now, it is well known, that his book is a commentary upon
the common law. Here then is a strong refutation of the as-
sertion, "that appeals are unknown to the common law."

♦Journals of Congress, March 6, 1779. '\lll. Blackstone, 406.

The Debate in the Convention. 407

I think these were all the circumstances adduced to show
the truth of the assertion that in this constitution, the trial
by jury was intended to be given up by the late convention
in framing it. Has the assertion been proved? I say not,
and the allegations offered, if they apply at all, apply in a
contrary direction. I am glad that this objection has been
stated, because it is a subject upon which the enemies of this
constitution have much insisted. We have now had an
opportunity of investigating it fully, and the result is, that
there is no foundation for the charge, but it must proceed
from ignorance or something worse.

I go on to another objection which has been taken to this
system, "that the expense of the general government and of
the State governments, will be too great, and that the citi-
zens will not be able to support them." If the State govern-
ments are to continue as cumbersome and expensive as they
have hitherto been, I confess it would be distressing to add
to their expenses, and yet it might be necessary; but I think
I can draw a different conclusion on this subject, from more
conjectures than one. The additional revenue to be raised
by a general government, will be more than sufficient for the
additional expense; and a great part of that revenue may be
so contrived as not to be taken from the citizens of this
country; fori am not of opinion that the consumer always
pays the impost that is laid on imported articles; it is paid
sometimes by the importer, and sometimes by the foreign
merchant who sends them to us. Had a duty of this nature
been laid at the time of the peace, the greatest part of it
would have been the contribution of foreigners. Besides,
whatever is paid by the citizens is a vQhx'iiX.Qsy payment.

I think. Sir, it would be very easy and laudable, to lessen
the expenses of the State governments. I have been told (and
perhaps it is not very far from the truth), that there are two
thousand members of assembly in the several States; the busi-
ness of revenue is done in consequence of requisitions from
Congress, and whether it is furnished or not, it commonly
becomes a subject of discussion. Now when this business is
executed by the legislature of the United States, I leave it to

4o8 The Debate in the Convention.

those who are acquainted with the expense of long and fre-
quent sessions of assembly, to determine the great saving that
will take place. Let me appeal to the citizens of Pennsyl-
vania how much time is taken up in this State every year, if
not every session, in providing for the payment of an amazing
interest due on her funded debt. There will be many sources
of revenue, and many opportunities for economy, when the
business of finance shall be administered under one govern-
ernment; the funds will be more productive, and the taxes, in
all probability, less burthensome than they are now.

I proceed to another objection that is taken against the
power given to Congress, of raising and keeping up standing
armies. I confess I have been surprised that this objection
was ever made, but I am more so that it is still repeated and
insisted upon. I have taken some pains to inform myself
how the other governments of the world stand with regard to
this power; and the result of my enquiry is, that there is not
one which has not the power of raising and keeping up stand-
ing armies. A government without the power of defence ! — it
is a solecism !

I well recollect the principle insisted upon by the patriotic
body in Great Britain ; it is that in time of peace a standing
army ought not to be kept up without the consent of parlia-
ment. Their only apprehension appears to be that it might
be dangerous, was the army kept up without the concurrence
of the representatives of the people. Sir, we are not in the
millennium. Wars may happen — and when they do happen,
who is to have the power of collecting and appointing the
force then become immediately and indispensably necessary?

It is not declared in this constitution that the Congress shall
raise and support armies. No, Sir, if they are not driven to
it by necessity, why should we suppose they would do it by
choice, any more than the representatives of the same citizens
in the State legislatures? for we must not lose sight of the
great principle upon which this work is founded. The au-
thority here given to the general government flows from the
same source as that placed in the legislatures of the several
States.

The Debate in the Convention. 409

It may be frequently necessary to keep up standing armies
in time of peace. The present Congress have experienced the
necessity; and seven hundred troops are just as much a stand-
ing army as seventy thousand. The principle which sustains
them is precisely the same. They may go further, and raise
an army without communicating to the public the purpose
for which it is raised. On a particular occasion they did this:
When the commotions existed in Massachusetts, they gave
orders for enlisting an additional body of two thousand men.
I believe it is not generally known on what a perilous tenure
we held our freedom and independence at that period. The
flames of internal insurrection were ready to burst out in
every quarter; they were fanned by the correspondents of
some State officers (to whom an allusion was made on a former
day) and from one end to the other of the continent, we
walked on ashes, concealing fire beneath our feet: and ought
Congress to be deprived of power to prepare for the defence
and safety of our country? Ought they to be restrained from
arming until they divulge the motive which induced them to
arm? I believe 'Cix^ power oi raising and keeping up an army
in time of peace is essential to every government. No gov-
ernment can secure its citizens against dangers, internal and
external, without possessing it, and sometimes carrying it
into execution. I confess it is a power in the exercise of
which all wise and moderate governments will be as prudent
and forbearing as possible. When we consider the situation
of the United States, we must be satisfied that it will be nec-
essary to keep up some troops for the protection of the west-
ern frontiers and to secure our interest in the internal naviga-
tion of that country. It will be not only necessary, but it
will be economical on the great scale. Our enemies finding
us invulnerable, will not attack us, and we shall thus prevent
the occasion for larger standing armies. I am now led to
consider another charge that is brought against this system.

It is said, that Congress should not possess the power of
calling out the militia, to execute the laws of the Union, sup-
press insurrections and repel invasions, nor the President
have the command of them, when called out for such pur-
poses.

4IO The Debate in the Convention.

I believe any gentleman who possesses military experience
will inform you, that men without an uniformity of arms,
accoutrements and discipline, are no more than a mob in a
camp: that in the field, instead of assisting, they interfere
with one another. If a soldier drops his musquet, and his
companion, unfurnished with one, takes it up, it is of no ser-
vice, because his cartridges do not fit it. By means of this
system, a uniformity of arms and discipline will prevail
throughout the United States.

I really expected that for this part of the system at least,
the framers of it would have received plaudits,' instead of cen-
sures, as they here discover a strong anxiety to have this
body put upon an effective footing, and thereby, in a great
measure, to supersede the necessity of raising, or keeping up,
standing armies.

The militia formed under this system, and trained by the
several States, will be such a bulwark of internal strength, as
to prevent the attacks of foreign enemies. I have been told,
that about the year 1744, an attack was intended by France
upon Massachusetts Bay, but was given up on reading the
militia law of that province.

If a single State could deter an enemy from such attempts,
what influence will the proposed arrangement have upon the
different powers of Europe !

In every point of view, this regulation is calculated to pro-
duce the best effects. How powerful and respectable must
the body of militia appear, under general and uniform regu-
lations ! how disjointed, weak and inefficient are they at pre-
sent ! I appeal to military experience for the truth of my ob-
servations.

The next objection, Sir, is a serious one indeed; it was
made by the honorable gentleman from Fayette (Mr. Smilie):
"The Convention knew this was not a free government,
otherwise they would not have asked the powers of the purse
and sword." I would beg to ask the gentleman, what free
government he knows that has not the powers of both? There
was indeed a government under which we unfortunately
were for a few years past, that had them not, but it does not

The Debate in the Convention. 411

now exist. A government without those powers, is one of
the improvements with which the opposition wish to astonish
mankind.

Have not the freest governments those powers? and are
they not in the fullest exercise of them? This is a thing so
clear, that really it is impossible to find facts or reason more
clear, in order to illustrate it. Can we create a government
without the power to act; how can it act without the assist-
ance of men ? and how are men to be procured without being
paid for their services? is not the one power the consequence
of the other?

We are told, and it is the last and heaviest charge, " that
this government is an aristocracy, and was intended so to be
by the late Convention;" and we are told (the truth of which
is not disputed) that an aristocratical government is incom-
patible with freedom. I hope, before this charge is believed,
some stronger reasons will be given in support of it, than any
that have yet been produced.

The late Convention were assembled to devise some plan
for the security, safety and happiness of the people of the
United States; if they have devised a plan that robs them
of their power, and constitutes an aristocracy, they are the
parricides of their country, and ought to be punished as such.
What part of this system is it that warrants the charge ?

What is an aristocratic government ? I had the honor of
giving a definition of it at the beginning of our debates; it
is, Sir, the government of a few over the many, elected by
themselves, or possessing a share in the government by in-
heritance, or in consequence of territorial rights, or some
quality independent of the choice of the people; this is an
aristocracy, and this constitution is said to be an aristocrati-
cal form of government, and it is also said that it was in-
tended so to be by the members of the late convention who
framed it. What peculiar rights have been reserved to any
class of men, on any occasion ? Does even the first magistrate
of the United States draw to himself a single privilege, or
security, that does not extend to every person throughout the
United States ? Is there a single distinction attached to him

412 The Debate in the Convention.

ill this system, more than there is to the lowest officer in the
republic? Is there an office from which any one set of men
whatsoever are excluded ? Is there one of any kind in this
system but is as open to the poor as to the rich? to the in-
habitant of the country, as well as to the inhabitant of the
city? and are the places of honor and emoluments confined
to a few? and are these few the members of the late Conven-
tion ? Have they made any particular provisions in favor of
themselves, their relations, or their posterity? If they have
committed their country to the demon of aristocracy, have
they not committed themselves also, with everything they
held near and dear to them ?

Far, far other is the genius of this system. I have had
already the honor of mentioning its general nature; but I will
repeat it. Sir. In its principle, it is purely democratical ;
but its parts are calculated in such manner as to obtain those
advantages also, which are peculiar to the other forms of
government in other countries. By appointing a single
magistrate, we secure strength, vigor, energy and responsi-
bility in the executive department. By appointing a senate,
the members of which are elected for six years, yet by a rota-
tion already taken notice of they are changing every second
year, we secure the benefit of experience, while, on the other
hand, we avoid the inconveniences that arise from a long and
detached establishment. This body is periodically reno-
vated from the people, like a tree, which, at the proper sea-
son, receives its nourishment from its parent earth.

In the other branch of the legislature, the House of Repre-
sentatives, shall we not have the advantages of benevolence
and attachment to the people, whose immediate representa-
tives they are ?

A free government has often been compared to a pyramid.
This allusion is made with peculiar propriety in the system
before you: it is laid on the broad basis of the people; its
powers gradually rise, while they are confined, in proportion
as they ascend, until they end in that most permanent of all
forms. When you examine all its parts, they will invariably
be found to preserve that essential mark of free governments,
a chain of connection with the people.

The Debate in the Converition. 413

Such, Sir, is the nature of this system of government; but
the important question at length presents itself to our view,
Shall it be ratified, or shall it be rejected by this Convention ?
In order to enable us still further to form a judgment on this
truly momentous and interesting point, on which all we have
or can have dear to us on earth is materially depending, let
us for a moment consider the consequences that will result
from one or the other measure. Suppose we reject this system
of government, what will be the consequences? Let the
farmer say; he whose produce remains unasked for, nor can
he find a single market for its consumption, though his fields
are blessed with luxuriant abundance. Let the manufacturer
and let the mechanic say; they can feel and tell their feelings.
Go along the warves of Philadelphia, and observe the melan-
choly silence that reigns. I appeal not to those who enjoy
places and abundance under the present government; they
may well dilate upon the easy and happy situation of our
country. Let the merchants tell you, what is our commerce;
let them say what has been their situation, since the return
of peace: an sera which they might have expected would have
furnished additional sources to our trade, and a continuance,
and even an increase to t-heir fortunes. Have these ideas
been realized, or do they not lose some of their capital in
every adventure, and continue the unprofitable trade from
year to year, subsisting under the hopes of happier times
under an efficient general government? The ungainful trade
carried on by our merchants, has a baneful influence on the
interests of the manufacturer, the mechanic, and the farmer,
and these I believe are the chief interests of the people of the
United States.

I will go further — is there now a government among us
that can do a single act, that a national government ought
to do? Is there any power of the United States that can
commaitd a single shilling? This is a plain and a home ques-
tion.

Congress may recommend; they can do more, they may
require; but they must not proceed one step further. If
things are bad now, and that they are not worse, is only

414 The Debate in the Convention.

owing to hopes of improvement, or change in the system.
Will they become better when those hopes are disappointed ?
We have been told, by honorable gentlemen on this floor
(Mr. Smilie, Mr. Findley and Mr. Whitehill), that it is im-
proper to urge this kind of argument in favor of a new system
of government, or against the old one. Unfortunately, Sir,
these things are too severely felt to be omitted; the people
feel them; they pervade all classes of citizens and every
situation from New Hampshire to Georgia; the argument
of necessity is the patriot's defence, as well as the tyrant's
plea.

Is it likely. Sir, that if this system of government is rejected,
a better will be framed and adopted? I will not expatiate on
this subject, but I believe many reasons will suggest them-
selves to prove that such an expectation would be illusory.
If a better could be obtained at a future time, is there any-
thing essentially wrong in this? I go further: is there any-
thing wrong that cannot be amended more easily by the mode
pointed out in the system itself, than could be done by calling
convention after convention before the organization of the
government? Let us now turn to the consequences that will
result if we assent to, and ratify the instrument before you; I
shall trace them as concisely as I can, because I have tres-
passed already too long on the patience and indulgence of the
house.

I stated on a former occasion one important advantage: by
adopting this system we become a nation; at present we are
not one. Can we perform a single national act ? can we do
anything to procure us dignity, or to preserve peace and tran-
quility? can we relieve the distress of our citizens? can we
provide for their welfare or happiness ? The powers of our
government are mere sound. If we offer to treat with a
nation, we receive this humiliating answer, "You cannot in
propriety of language make a treaty — because you have no
power to execute it." Can we borrow money? There are
too many examples of unfortunate creditors existing, both on
this and the other side of the Atlantic, to expect success from
this expedient. But could we borrow money, we cannot

The Debate in the Convention. 415

command a fund to enable us to pay either the principal or
interest; for in instances where our friends have advanced the
principal, they have been obliged to advance the interest also
in order to prevent the principal from being annihilated in
their hands by depreciation. Can we raise an army? The
prospect of a war is highly probable. The accounts we re-
ceive by every vessel from Europe mention that the highest
exertions are making in the ports and arsenals of the greatest
maritime powers ; but whatever the consequence may be, are
we to lay supine? We know we are unable under the articles
of confederation to exert ourselves; and shall we continue so
until a stroke be made on our commerce, or we see the
debarkation of an hostile army on our unprotected shores?
Who will guarantee that our property will not be laid waste,
that our towns will not be put under contribution, by a small
naval force, and subjected to all the horror and devastation
of war? May not this be done without opposition, at least
effectual opposition, in the present situation of our country?
There may be safety over the Appalachian mountains, but
there can be none on our sea coast. With what propriety can
we hope our flag will be respected while we have not a single
gun to fire in its defence ?

Can we expect to make internal improvement, or accom-
plish any of those great national objects which I formerly
alluded to, when we cannot find money to remove a single
rock out of a river?

This system, Sir, will at least make us a nation, and put it
in the power of the Union to act as such. We will be con-
sidered as such by every nation in the world. We will regain
the confidence of our own citizens, and command the respect
of others.

As we shall become a nation, I trust that we shall also form
a national character; and that this character will be adapted
to the principles and genius of our system of government: as
yet we possess none — our language, manners, customs, habits
and dress, depend too much upon those of other countries.
Every nation in these respects should possess originality.
There are not on any part of the globe finer qualities, for

4i6 The Debate in the Convention.

forming a national character, than those possessed by the
children of America. Activity, perseverance, industry, laud-
able emulation, docility in acquiring information, firmness in
adversity, and patience and magnanimity under the greatest
hardships; from these materials, what a respectable national
character may be raised ! In addition to this character, I
think there is strong reason to believe that America may take
the lead in literary improvements and national importance.
This is a subject which I confess I have spent much pleasing
time in considering. That language, Sir, which shall become
most generally known in the civilized world, will impart great
importance over the nation that shall use it. The language
of the United States will in future times be diffused over a
greater extent of country than any other that we now know.
The French, indeed, have made laudable attempts toward
establishing an universal language; but beyond the boundaries
of France, even the French language is not spoken by one in
a thousand. Besides the freedom of our country, the great
improvements she has made and will make in the science of
government will induce the patriots and literati of every
nation, to read and understand our writings on that subject,
and hence it is not improbable that she will take the lead in
political knowledge.

If we adopt this system of government, I think we may
promise security, stability and tranquility to the governments
of the different States. They will not be exposed to the
danger of competition on questions of territory, or any other
that have heretofore disturbed them. A tribunal is here
founded to decide, justly and quietly, any interfering claim;
and now is accomplished, what the great mind of Henry the
IV. of France had in contemplation, a system of govern-
ment, for large and respectable dominions, united and bound
together in peace, under a superintending head, by which
all their differences may be accommodated, without the des-
truction of the human race ! We are told by Sully, that this
was the favorite pursuit of that good king during the last
years of his life, and he would probably have carried it into
execution, had not the dagger of an assassin deprived the

The Debate in the Convention.

417

world of his valuable life. I have, with pleasing emotion,
seen the wisdom and beneficence of a less efficient power
under the articles of confederation, in the determination of
the controversy between the States of Pennsylvania and Con-
necticut; but, I have lamented that the authority of Congress
did not extend to extinguish, entirely, the spark which has
kindled a dangerous flame in the district of Wyoming.

Let gentlemen turn their attention to the amazing con-
sequences which this principle will have in this extended
country — the several States cannot war with each other; the
general government is the great arbiter in contentions be-
tween them ; the whole force of the Union can be called forth
to reduce an aggressor to reason. What a happy exchange
for the disjointed, contentious State sovereignties !

The adoption of this system will also secure us from dan-
ger, and procure us advantage from foreign nations. This,
in our sitution, is of great consequence. We are still an in-
viting object to one European power at least, and, if we can-
not defend ourselves, the temptation may become too allur-
ing to be resisted. I do not mean, that, with an efficient
government, we should mix with the commotions of Europe.
No, Sir, we are happily removed from them, and are not
obliged to throw ourselves into the scale with any. This sys-
tem will not hurry us into war; it is calculated to guard
against it. It will not be in the power of a single man, or a
single body of men, to involve us in such distress, for the
important power of declaring war is vested in the legislature
at large; — this declaration must be made with the concur-
rence of the House of Representatives; from this circum-
stance we may draw a certain conclusion, that nothing but
our national interest can draw us into a war. I cannot for-
bear, on this occasion, the pleasure of mentioning to you the
sentiments of the great and benevolent man whose works I
have already quoted on another subject; Mr. Neckar has ad-
dressed this country, in language important and applicable in
the strictest degree to its situation and to the present subject.
Speaking of war, and the great caution that all nations ought
to use in order to avoid its calamities, "And you, rising
27

4i8 The Debate in ihe Conveniion.

nation," says he, " whom generous efforts have freed from the
yoke of Europe ! let the universe be struck with still greater
reverence at the sight of the privileges you have acquired, by
seeing you continually employed for the public felicity: do
not offer it as a sacrifice at the unsettled shrine of political
ideas, and of the deceitful combinations of warlike ambition;
avoid, or at least delay participating in the passions of our
hemisphere; make your own advantage of the knowledge
which experience alone has given to our old age, and preserve
for a long time, the simplicity of childhood: in short, honor
human nature, by shewing that when lost to its own feelings,
it is still capable of those virtues that maintain public order,
and of that prudence which insures public tranquillity."

Permit me to offer one consideration more that ought to in-
duce our acceptance of this system. I feel myself lost in the
contemplation of its magnitude. By adopting this system,
we shall probably lay a foundation for erecting temples of
liberty in every part of the earth. It has been thought by
many, that on the success of the struggle America has made
for freedom, will depend the exertions of the brave and en-
lightened of other nations. The advantages resulting from
this system will not be confined to the United States; it will
draw from Europe, many worthy characters, who pant for
the enjoyment of freedom. It will induce princes, in order
to preserve their subject, to restore to them a portion of that
liberty of which they have for so many ages been deprived.
It will be subservient to the great designs of providence, with
regard to this globe; the multiplication of mankind, their
improvement in knowledge, and their advancement in happi-
ness.

Wednesday^ December 12^ ^ySy.

[With the speeches of Wilson and M'Kean the report of
Lloyd ceases. Of the proceedings on the 12th he makes no
mention. The newspapers then are the only source of in-
formation, and of these the Packet is the fullest.]

On Wednesday Mr. Findley in the course of an eloquent
and argumentative speech, suddenly introduced the following
observation : ' ' Mr. President, I have observed a person who

The Debate in the Convention.

419

h^s introduced himself among the members of this conven-
tion, laughing for some time at everything I have said. This
conduct does not, Sir, proceed from a superiority of under-
standing, but from the want of a sense of decency and order.
If he were a member, I should certainly call him to order;
but as it is, I shall be satisfied with despising him.

"What," said Mr. Findley, "would we have thought of
Congress, if at the time that body made the requisition for
an impost of five per cent., the powers and jurisdiction con-
tained in the proposed plan had been required? It would
have been thought at once imprudent and ridiculous. How
great then is the revolution of our sentiments in so short a
space of time !"

In the course of the desultory debate which took place im-
mediately before the vote of adoption and ratification, Mr.
M'Kean pronounced an animated eulogium on the character,
information and abilities of Mr. George Mason, but concluded
that the exclusion of juries in civil causes was not among the
objections which had governed his conduct. On this assertion
Mr. Whitehill quoted the following passage from Mr. Mason's
objections: "There is no declaration of any kind for preserv-
ing the liberty of the press, the trial by jury in civil causes^ nor
against the danger of standing armies in time of peace."

On Wednesday morning Mr. Findley closed his arguments
in opposition to the proposed Federal system, and in the
afternoon Mr. Smilie, taking a general view of the subject,
stated briefly the leading principles which influenced his vote.
The important question was now called for, when Doctor
Rush requested the patience of the Convention for a few min-
utes. He then entered into a metaphysical argument, to
prove that the morals of the people had been corrupted by the
imperfections of the government; and while he ascribed all
our vices and distresses to the existing system, he predicted
a millennium of virtue and happiness as the necessary conse-
quence of the proposed Constitution. To illustrate the de-
praved state of society, he remarked, among other things, the
disregard which was notorious in matters of religion, so that
between the congregation and the minister scarcely any com-

420 The Debate in the Conventio7i.

munication or respect remained; nay, the Doctor evinced
that they were not bound by the ties of common honesty, on
the evidence of two facts, from which it appears that several
clergymen had been lately cheated by their respective flocks
of the wages due for their pastoral care and instruction.
Doctor Rush then proceeded to consider the origin of the pro-
posed system, and fairly deduced it from heaven, asserting
that he as much believed the hand of God was employed in
this work, as that God had divided the Red Sea to give a pas-
sage to the children of Israel, or had fulminated the ten com-
mandments from Mount Sinai ! Dilating sometime upon this
new species of divine right^ thus transmitted to the future
governors of the Union, he made a pathetic appeal to the op-
position, in v/hich he deprecated the consequences of any
further contention, and pictured the honorable and endearing
effects of an unanimous vote, after the full and fair investiga-
tion which the great question had undergone. " It is not.
Sir, a majority, (continued the Doctor) however numerous
and respectable, that can gratify my wishes — nothing short
of an unanimous vote can indeed complete my satisfaction.
And, permit me to add, were that event to take place, I could
not preserve the strict bounds of decorum, but, flying to the
other side of this room, cordially embrace every member, who
has hitherto been in opposition, as a brother and a patriot.
Let us then. Sir, this night bury the hatchet, and smoke the
calumet of peace ! ' ' When Dr. Rush had concluded, Mr.
Chambers remarked upon the Doctor's wish of conciliation
and unanimity, that it was an event which he neither ex-
pected nor wished for. Mr. Whitehill now rose, and having
animadverted upon Dr. Rush's metaphysical arguments, and
regretted that so imperfect a work should have been ascribed
to God, he presented several petitions from 750 inhabitants
of Cumberland county, praying, for the reasons therein speci-
fied, that the proposed Constitution should not be adopted
without amendments, and particularly, without a bill of
rights. The petitions being read from the chair, Mr. M'Kean
said he was sorry at this stage of the business so improper an
attempt should be made. He repeated that the duty of the

The Debate in the Convention. 421

Convention was circumscribed to the adoption or rejection of
the proposed plan, and such had certainly been the sense of
the members, when it was agreed that only one question
could be taken on the important subject before us. He hoped,
therefore, that the petitions would not be attended to. Mr.
Whitehill then read, and offered as the ground of a motion
for adjourning to some remote day the consideration of the
following articles, which, he said, might either be taken col-
lectively, as a bill of rights, or, separately, as amendments to
the general form of government proposed.

1. The rights of conscience shall be held inviolable, and
neither the legislative, executive nor judicial powers of the
United States shall have authority to alter, abrogate or in-
fringe any part of the constitutions of the several States,
which provide for the preservation of liberty in matters of
religion.

2. That in controversies respecting property and in suits
between man and man, trial by jury shall remain as hereto-
fore, as well in the federal courts, as in those of the several
States.

3. That in all capital and criminal prosecutions, a man has
a right to demand the cause and nature of his accusation, as
well in the federal courts, as in those of the several States;
to be heard by himself or his counsel; to be confronted with
the accusers and witnesses; to call for evidence in his favor,
and a speedy trial, by an impartial jury of the vicinage, with-
out whose unanimous consent he cannot be found guilty, nor
can he be compelled to give evidence against himself; that no
man be deprived of his liberty, except by the law of the land
or the judgment of his peers.

4. That excessive bail ought not to be required, nor exces-
sive fines imposed, nor cruel or unusual punishments inflicted.

5. That warrants unsupported by evidence, whereby any
officer or messenger may be commanded or required to search
suspected places, or to seize any person or persons, his or
their property, not particularly described, are grievous and
oppressive, and shall not be granted either by the magistrates
of the federal government or others.

422 The Debate in the Coiivention.

6. That the people have a right to the freedom of speech,
of writing and of publishing their sentiments; therefore, the
freedom of the press shall not be restrained by any law of the
United States.

7. That the people have a right to bear arms for the defence
of themselves and their own State, or the United States, or
for the purpose of killing game; and no law shall be passed
for disarming the people or any of them, unless for crimes
committed, or real danger of public injury from individuals;
and as standing armies in the time of peace are dangerous to
liberty, they ought not to be kept up; and that the military
shall be kept under strict subordination to and be governed
by the civil power.

8. The inhabitants of the several States shall have liberty
to fowl and hunt in seasonable times on the lands they hold,
and on all other lands in the United States not inclosed, and
in like manner to fish in all navigable waters, and others not
private property, without being restrained therein by any laws
to be passed by the legislature of the United States.

9. That no law shall be passed to restrain the legislatures
of the several States from enacting laws for imposing taxes,
except imposts and duties on goods exported and imported,
and that no taxes, except imposts and duties upon goods im-
ported and exported and postage on letters, shall be levied by
the authority of Congress.

10. That elections shall remain free, that the house of rep-
resentatives be properly increased in number, and that the
several States shall have power to regulate the elections for
senators and representatives, without being controlled either
directly or indirectly by any interference on the part of Con-
gress, and that elections of representatives be annual.

11. That the power of organizing, arming and disciplining
the militia, (the manner of disciplining the militia to be pre-
scribed by Congress) remain with the individual States, and
that Congress shall not have authority to call or march any
of the militia out of their own State, without the consent of
such State, and for such length of time only as such State
shall agree.

The Debate in the Convention. 423

12. That the legislative, executive, and judicial powers be
kept separate, and to this end, that a constitutional council
be appointed to advise and assist the President, who shall be
responsible for the advice they give (hereby, the senators
would be relieved from almost constant attendance); and also
that the judges be made completely independent.

13. That no treaties which shall be directly opposed to the
existing law^s of the United States in Congress assembled,
shall be valid until such laws shall be repealed or made con-
formable to such treaty, neither shall any treaties be valid
which are contradictory to the constitution of the United
States, or the constitutions of the individual States.

14. That the judiciary power of the United States shall be
confined to cases affecting ambassadors, other public ministers
and consuls, to cases of admiralty and maritime jurisdiction,
to controversies to which the United States shall be a party,
to controversies between two or more States — between a State
and citizens of different States — between citizens claiming
lands under grants of different States, and between a State or
the citizens thereof and foreign States, and in criminal cases,
to such only as are expressly enumerated in the constitution,
and that the United States in Congress assembled, shall not
have power to enact laws, which shall alter the laws of
descents and distributions of the effects of deceased persons,
the title of lands or goods, or the regulation of contracts in
the individual States.

15. That the sovereignty, freedom and independency of
the several States shall be retained, and every power, juris-
diction and right which is not by this constitution expressly
delegated to the United States in Congress assembled.

Some confusion arose on these articles being presented to
the chair, objections were made by the majority to their being
officially read, and, at last, Mr. Wilson desired that the in-
tended motion might be reduced to writing, in order to ascer-
tain its nature and extent. Accordingly, Mr. Whitehill drew
it up, and it was read from the chair in the following manner:

"That this Convention do adjourn to the day of

next, then to meet in the city of Philadelphia, in

424 ^^^^ Debate in the Convention.

order that the propositions for amending the proposed consti-
tution may be considered by the people of this State; that
we may have an opportunity of knowing- what amendments
or alterations may be proposed by other States, and that these
propositions, together with such other amendments as may
be proposed by other States, may be offered to Congress, and
taken into consideration by the United States, before the pro-
posed constitution shall be finally ratified."

As soon as the motion was read, ]\Ir. Wilson said he re-
joiced that it was by this means ascertained upon what prin-
ciples the opposition proceeded, for, he added, the evident
operation of such a motion would be to exclude the people
from the government and to prevent the adoption of this or
any other plan of confederation. For this reason he was
happy to find the motion reduced to certainty, that it would
appear upon the journals, as an evidence of the motives that
prevailed with those who framed and supported it, and that
its merited rejection would permanently announce the senti-
ments of the majority respecting so odious an attempt. Mr.
Smilie followed Mr. Wilson, declaring that he too rejoiced
that the motion was reduced to a certainty, from which it
might appear to their constituents that the sole object of the
opposition was to consult with and obtain the opinions of the
people upon a subject, which they had not yet been allowed
to consider. "If," exclaimed j\Ir. Smilie, "those gentlemen
who have affected to refer all authority to the people, and to
act only for the common interest, if they are sincere, let
them embrace this last opportunity to evince that sincerity.
They all know the precipitancy with which the measure has
hitherto been pressed upon the State, and they must be con-
vinced that a short delay cannot be injurious to the proposed
government, if it is the wish of the people to adopt it; if it is
not their wish, a short delay, which enables us to collect their
real sentiments, may be the means of preventing future con-
tention and animosity in a community, which is, or ought
to be, equally dear to us." The question being taken on the
motion, there appeared for it 23, against it 46. The great
and conclusive question was then taken, that "this con-

The Debate in the Convention.

425

vention do assent to and ratify the plan of federal govern-
ment, agreed to and recommended by the late federal con-
vention?" when the same division took place, and the yeas and
nays being called by Mr. Smilie and Mr. Chambers, were as
given in our paper of Thursday last. Yeas 46. Nays 23.

This important decision being recorded, Mr. M'Kean
moved that the convention do to-morrow proceed in a body
to the Court House, there to proclaim the ratification, and
that the supreme executive council be requested to make the
necessary arrangements for the procession on that occasion,
which motion was agreed to, and the convention adjourned
till the next morning at half-past nine o'clock.

From the minutes of the convention it appears that the vote
of each member was,

YEAS.

George Latimer,
Benjamin Rush,
Hilary Baker,
James Wilson,
Thomas M'Kean,
William Macpherson,
John Hunn,
George Gray,
Samuel Ash mead,
Enoch Edwards,
Henry Wynkoop,
John Barclay,
Thomas Yardley,
Abraham Stout,
Thomas Bull,
Anthony Wayne,
William Gibbons,
Richard Downing,
Thomas Cheyney,
John Hannum,
Stephen Chambers,
Robert Coleman,
Sebastian Graff.

YEAS.

John Hubley,
Jasper Yeates,
Henry Slagle,
Thomas Campbell,
Thomas Hartley,
David Grier,
John Black,
Benjamin Pedan,
John Arndt,
Stephen Balliet,
Joseph Horsfield,
David Deshler,
William Wilson,
John Boyd,
Thomas Scott,
John Neville,
John Allison,
Jonathan Roberts,
John Richards,
F. A. Muhlenberg,
James Morris,
Timothy Pickering,
Benjamin Elliot.

46.

426 The Debate in the Convention.

NAYS. NAYS.

John Whiteliill, William Findley,

Joliu Harris, John Bard,

John Reynolds, William Todd,

Robert Whitehill, James Marshall,

Jonathan Hoge, James Edgar,

Nicholas Lutz, Nathaniel Breading,

John lyudwig, John Smilie,

Abraham Lincoln, Richard Baird,

John Bishop, William Brown,

Joseph Hiester, Adam Orth,

James Martain, John Andre Hannah. 23.

Joseph Powell,

Thursday^ December /j, lySi.
On Thursday, the convention being assembled, Mr. White-
hill remarked that the bill of rights, or articles of amend-
ment, which he had the day before presented to the chair,
were not inserted upon the journals, together with the reso-
lution which referred to them. This he declared an improper
omission, and desired they might be inserted. This was op-
posed by the majority, but as there was no motion before the
convention, the president did not see how a determination
could take place, though he wished to know the sense of the
members upon this occasion. Mr. Smilie, in consequence of
this intimation, moved for the insert-ion of Mr. Whitehill's
articles. ]\Ir. Wilson continued his opposition, and called
upon Llr. Smilie to reduce his motion to writing. "Indeed,
sir," observed Mr. Smilie, "I know so well that if the hon-
orable member from the city says the articles shall not, they
will not be admitted, that I am not disposed to take the use-
less trouble of reducing my motion to writing, and therefore
I withdraw it." Mr. Chambers exclaimed that the member
from Fayette and his friends might be accustomed to the ar-
rangement which he alluded to, but neither Mr. Wilson, nor
those who agreed in sentiments with him, were to be led by a
mere _/?«/. The form being presented by Mr. LI'Kean, who
with Mr. Wilson and Mr. Yeates were appointed as a com-
mittee to prepare it, it was agreed that the convention should

The Debate in the Convention. 427

proceed to proclaim the ratification before it was signed,
which was accordingly done. *

Joined by the President and Vice-President of the State,
members of Congress, the faculty of the University, the mag-
istrates and militia officers of the city, the convention then
proceeded to the Court House, where the ratification was
read to a great gathering of people.
In the procession went

Constables with their Staves.

Sub-Sheriffs with their Wands.

High Sheriff and Coroner with their Wands.

Judges of the Supreme Court, and Judges of the

High Court of Errors and Appeals.

Attorney-General and Prothonotary of the

Supreme Court.

Marshal of the Admiralty.

Judge and Register of the Admiralty.

Wardens of the Port of Philadelphia.

Naval Officers, Collectors of the Customs, and

Tonnage Officer.

Treasurer and Comptroller-General.

Secretary of the lyand Office.

Receiver-General and Surveyor-General.

Justices of the Peace.

Prothonotary of the Court of Common Pleas, and

Clerk of the Court of Quarter Sessions.

Clerk of the City Court.

Master of the Rolls and Register of Wills.

Assistant Secretary of the Council.

Secretary of the Council.

His Excellency the President, and Honorable

the Vice President.

Members of the Council, two and two.

Doorkeeper of the Council.

Sergeant-at-Arms, with the Mace.

Secretary of the Convention.

Honorable the President of the Convention.

* Pennsylvania Packet, December I4tli.

428 The Debate in the Convention.

Members of the Convention, two and two.

Doorkeeper of the Convention,

Provost and Faculty of the University.

Officers of the Militia.

Citizens.

RATIFICATION.

In the Name of the People of Pennsylvania:

BE it known unto all men — That we, the delegates of the
Commonwealth of Pennsylvania, in general convention as-
sembled, have assented to and ratified, and by these presents
do, in the name and the authority of the same people, and
for ourselves, assent to and ratify the foregoing constitution
for the United States of America.

Done in convention the I2tli day of December, in the
year 1787 and of the Independence of the United States
of America the twelfth.
In witness whereof, &c.

Thirteen cannon were then fired, and the bells were rung
on this joyful occasion; after this the convention returned to
the State House and subscribed the two copies of the ratifi-
cation.

On the return of the members to the convention, Mr. Hart-
ley hoped that the opposition might yet be induced to sign
the ratification, as a fair and honorable acquiescence in the
principle that the majority should govern. To which Mr.
Smilie replied, that speaking for himself, he never would al-
low his hand, in so gross a manner, to give the lie to his
heart and tongue. Two copies of the proposed constitution
were then formally ratified by the members who voted in
favor of it; Mr. Harris observing, that though he had voted
against it, and would still abide by that vote so far as to de-
cline putting his signature to the ratification, yet he did now,
and always should, consider himself to be bound by the sense
of the majority of any public body of which he had the honor
to be appointed a member. The convention then adjourned
till Friday morning at half past nine o'clock.

At three o'clock they met and dined with the members

The Debate in the Convention. 429

of the supreme executive council, several members of Con-
gress and a number of citizens, at Mr. Kpple's tavern; where
the remainder of the day was spent in mutual congratulations
upon the happy prospect of enjoying, once more, order, jus-
tice and good government in the United States. The follow-
ing is the list of the toasts given on the occasion:

1. The People of the United States.

2. The President and Members of the late Convention of
the United States.

3. The President of the State of Pennsylvania.

4. May the citizens of America display as much wisdom in
adopting the proposed Constitution to preserve their liberties,
as they have shown fortitude in defending them.

5. May order and justice be the pillars of the American
Temple of Liberty.

6. May the agriculture, manufactures and commerce of the
United States speedily flourish under the new Constitution.

7. The Congress.

8. The virtuous minority of Rhode Island.

9. The powers of Europe in alliance with the United
States.

10. May the flame, kindled on the Altar of Liberty in
America, lead the nations of the world to a knowledge of
their rights and to the means of recovering them.

11. The memory of the heroes who have sacrificed their
lives in defence of the liberties of America.

12. May America diffuse over Europe a greater portion of
political light than she has borrowed from her.

13. Peace and free governments to all the nations in the
world.

Friday^ Decejjiber //, //c?/.
Friday the Convention appointed a committee to consider
and report upon the overtures which have been made by the
county of Philadelphia, and likewise by part of the county of
Philadelphia, Montgomery and Bucks united, respecting the
cession of 10 miles square to the future Congress of the
United States. This the opposition to the federal system
deemed a matter upon which the Convention could not, and

430

The Debate in the Conveiitio7i.

ought not to act; for, tliey represented it as a violation of
the constitution of the State, which still existed, and which
while in existence, it was the duty of every citizen to support.
Upon this principle they refused either to vote for or against
the appointment of a committee, which produced a temporary
embarrassment, as the majority were not at first agreed in the
number, but ultimately concurred in making it nine. The
Convention likewise appointed a committee to receive and
state an account of their expenses, &c., and then adjourned
till Saturday at half past nine o'clock.

Saturday December /j, I'jS'j.

The Convention met pursuant to adjournment.

The committee appointed to consider the motion of Mr.
Wilson relative to a cession, to the United States, of a district
for the seat of the federal government, report the following
resolution:

"That when the Constitution proposed by the late general
Convention shall have been organized, this commonwealth
will cede to the Congress of the United States the jurisdic-
tion over any place in Pennsylvania, not exceeding ten miles
square, which with the consent of the inhabitants, the Con-
gress may choose for the seat of the government of the United
States, excepting only the city of Philadelphia, the district of
Southwark, and that part of the Northern-Liberties included
within a line running parallel with Vine street, at the distance
of one mile northward thereof, from the river Schuylkill to
the southern side of the main branch of Cohocksink creek,
thence down the said creek to its junction with the river
Delaware. But the marsh land and so much of the adjoin-
ing bank, on the same side of the said creek, as shall be
necessary for the erecting any dams and works to command
the water thereof, are excluded from this exception.

"Resolved, That it is the opinion of this Convention, that
until the Congress shall have made their election of a district,
for the place of their permanent residence, and provided
buildings for their accommodation, they have the use of such
of the public buildings within the city of Philadelphia, or
any other part of this State, as they shall find necessary.

The Debate in the Convetition. 431

" Unanimously Resolved, That the thanks of this Conven-
tion be presented to the President, for his able and faithful
discharge of the duties of the Chair."

To which the President answered:
"Gentlemen,

"I feel with the utmost gratitude the honor you have just
now done me, and I shall always esteem your approbation as
my highest reward for performing my duty to you, or render-
ing any services to my fellow citizens."

The Convention then adjourned sine die.

CHAPTER V.

WHILE THE CONVENTION WAS SITTING.

[As soon as the work of the Convention began, the press,
and particularly the anti-federal press, teemed with letters,
squibs, and essays from the people at large. Some were seri-
ous, some were intended to be satirical or funny, some were
in verse, and some were exceedingly silly. Yet, taken as a
whole, they form a running commentary on the work of the
Convention from day to day, and must be considered as a fair
expression of what the people as a body thought. To give
them all is impossible ; a few therefore have been selected,
and these, it is believed, may be safely regarded as samples
of all. No attempt has been made to edit them, as they are
too miscellaneous to allow of such treatment.

First, in point of time, was a petition drawn up and passed
round the coffee-houses by those in favor of amending the
Constitution, or referring it for amendment to a new Con-
vention.]

Such of the citizens of Pennsylvania as are not clearly ascer-
tained of the propriety of adopting the proposed constitu-
tion, without amendment or farther consideration, may
think it proper to join in the following petition :
To the Honorable the Delegates of the State Convention :
The Petition of the Citizens of Pennsylvania humbly
showeth.

That your petitioners, highly sensible of the benefits aris-
ing from good government, and perceiving that there were
defects in the federal compact established in the infancy of
our independency, assented with alacrity to a revision of the
articles of confederation, in full confidence that such amend-
ments would be made therein as would give sufficient strength
and energy to the federal head, without infringing those
(432)

While the Convention was Sitting, 433

rights of sovereignty in the several States which are neces-
sary for the purposes of internal government, and the per-
formance of their respective functions as members of a federal
union ; or such rights of individuals as are necessary to dis-
tinguish free citizens from the subjects of despotism.

That the plan proposed by the general convention, instead
of offering to our consideration such amendments as were
generally expected and might be easily understood, contains
a total abolition of the existing confederation, and is in itself,
as a late writer expresses it, "a novelty in the practice of
legislation, essentially different, both in principles and organ-
ization, from any system of government heretofore formed."
And although it may be an improvement on all those which
have preceded it, and better calculated for political happiness
than our present system of confederation is capable of being
made, yet your petitioners conceive it is no less the duty than
the right of every citizen to examine it with care and atten-
tion, and deliberately consider its probable operations and
effects before he assents to the adoption of a system of such
infinite importance. Accident, fraud, or force, may impose
on a people a system of government to which they will yield
obedience no longer than they are restrained from opposition
by a power that deprives them of the freedom of citizens.
But when a free people deliberately frame a government for
themselves, or adopt as their deliberate choice a system which
they have carefully investigated and understand, they are
bound to the observance of it by other ties than those of fear:
confident of acting in general concert, and of deriving recip-
rocal benefits, every individual will then more cheerfully
yield obedience to the laws and perform the duties of a citi-
zen. Hence it is of the highest importance that the proposed
system of government should be well understood by the peo-
ple in every State before it be adopted.

But your petitioners conceive that the people of Pennsyl-
vania have not yet had sufficient time and opportunity
afibrded them for this purpose. Many of those who have
had the best opportunity that the shortness of the time would
admit, find their minds yet unsatisfied on some important

28

434 While the Convention was Sitting.

points, though they may highly approve of the general struc-
ture; others, who felt a general approbation at first view,
now think some amendments essentially necessary: but the
great bulk of the people, from the want of leisure from other
avocations; their remoteness from information, their scat-
tered situation, and the consequent difficulty of conferring
with each other, cannot yet have duly investigated and con-
sidered a system of so much magnitude, which involves so
many important considerations as to require not only more
time than they have yet had since it was promulged, but
the combined force of many enlightened minds, to obtain a
right understanding of it.

Your petitioners hope they shall be excused if they men-
tion on this occasion some other matters which have retarded
the calm investigation which a subject of this importance
ought to receive. The disorderly proceedings in the city,
and the unaccountable zeal and precipitation used to hurry
the people into a premature decision, spread an amazement
through the country, which excited jealousies and suspicions
from which they could neither easily nor speedily recover.
Those who became partisans in the business had their minds
too much agitated to act with deliberation, and the election
of delegates was rushed into before the greater part of the
people had sufl&ciently recovered from their surprise to know
what part to take in it, or how to give their suffrages; they
therefore remained inactive. Your petitioners wish to be un--
derstood, however, as being far from intending to invalidate
the election, or to intimate any irregularity in the members
chosen, whom they respect both individually and as a body,
and in whose desire to promote the welfare and happiness of
the people they have much confidence; but they conceive it
will operate as a strong argument in favor of the measure
they request.

Your petitioners beg leave to suggest that the suspension
of your final determination for a few months will not occasion
any delay to the union, as divers of the States, whose deter-
minations are of equal importance with that of Pennsylvania,
will not meet in convention on this business in less than five

WJiile the Convention was Sitting. 435

or six months. The people of these States have wisely-
determined to deliberate before they delegate the power of
decision. But the people of Pennsylvania, deprived of this
privilege, are reduced to the necessity of asking as a favor,
what they ought to have enjoyed as a right, and they
confide in your wisdom and prudence to afford them an
opportunity of forming, collecting and expressing their sen-
timents by petitions or instructions before you come to a
determination which may preclude farther deliberation.

Your petitioners therefore pray that the honorable Conven-
tion will be pleased to adjourn till some day in April or May
next, in order to obtain the deliberate sense of the citizens of
Pennsylvania on the plan of government proposed by the
late general convention. *

[An essay by "Candid" defending the work of the Federal
Convention.]
Felloiv Citizens^

The object of our present attention is the establishment of
a permanent government for ourselves and posterity; than
which, except what immediately concerns eternal salvation,
no object of greater magnitude can be offered to human con-
sideration.

History does not afford an instance exactly parallel with
the present — a people highly civilized, in an enlightened
age, in profound peace, the wisdom of the world in their
hands, all theory before their eyes, and all experiment within
their knowledge, resolving themselves, as it were, into a
state of nature, to institute a system of government, which
is to characterize their country, and on which their political
happiness and safety is to depend. I say, history does not
furnish an instance of such a people, so employed, and under
like circumstances.

The only practicable mode of commencing this important
business has been adopted. Delegates have been appointed
by the respective States for the purpose of framing a system

*From the Pennsylvania Packet, Dec. 11, 1787.

43^ While the Convention was Sitting.

of government, and proposing it to the consideration of the
people at large. In this first step you have shown a discretion
and propriety not usual in popular elections, I mean as to
the persons whom you appointed to this difficult and import-
ant service. Your most precious and admired characters were
brought together on this occasion — men most eminent for
wisdom and integrity — men whose judgments could not be
warped by any personal interests whatever, who were them-
selves to partake of the good or evil of the fruits of their de-
liberations— men whose attachment to their country cannot
be doubted, and whose competency to the business in hand
has never been disputed. One partiality alone could influence
the component parts of that most respectable body, the late
Convention; and that I conceive to be a happy influence.
The delegates from the respective States would naturally,
and from a sense of duty, be jealous and watchful, that in the
formation of a general government, no more of the specific
rights or interests of each State should be sacrificed, than
was absolutely necessary for the dignity, safety, and good
government of the United States; and therefore, it may be
supposed, as the fact really was, that they have made the best
compromise of complicated interests, which the nature of the
case would allow; so that the present question is not whether
the government proposed is the best of all possible govern-
ments, theoretically considered-although if fairly investi-
gated, it might stand even this test-but whether a better
union of separate sovereignties can be obtained ; or which is
of still greater importance, whether if the proposed system
should be rejected, the States will ever again make the same
compromise.

The theory of government hath employed the pens of spec-
ulative and learned men in every age; and yet no system
hath ever been formed which is not liable to many positive
and many more probable evils and objections. A scheme of
government which shall invest the rulers with efficient pow-
ers, without a possibility of these powers being in any in-
stance abused or misaoplied, should be sought lor by those
only who are looking tor tne pnuosopiier s stone, or the per-

WJiile the Convention was Sitting. 437

petual motion. But supposing it were possible to form a
political system unexceptionable in theory, it would be found
unexceptionable in theory only. The temper, genius, and
internal circumstances of the country to which it is to be ap-
plied, must be considered, otherwise the people might be
very unhappy under this best of all possible schemes.

In governments, two extremes are positively evil — an un-
controlled and unresponsible tyranny on the one hand, and
such a relaxed state on the other, as is insujBicient for defence
or good order, in which all men are put upon a level, without
regard to virtue, merit, or abilities, and in which he who
can practise most upon the credulity and indolence of the
multitude, will have the best opportunities of gratifying his
ambition and avarice. Between these extremes are many
degrees of excellence; many combinations of forms and dis-
positions of delegated power, which may be suited to the cir-
cumstances of different nations, and yet all liable to ingenious
objections by those who may think it their interest to mag-
nify possible evils, and hold up imaginary dangers.

If a people should remain without any government, until a
system could be framed so seemingly perfect in itself as to be
impregnable to all criticism, they would wait till fallible man
should do that which the Deity at least hath not done. The
government of the Jews, which was a pure theocracy^ was not
so perfect, but that people frequently murmured and rebelled.

After our struggles for liberty and independence were
crowned with acknowledged success, the politicians of Eu-
rope looked to see the sun of our glory rise; but a long night
hath followed. Our federal union hath become insignificant
— almost contemptible. No one will be so hardy as to assert
that our situation as a nation, is either happy or honorable.
And how long shall we remain in this situation? Until all
malcontents shall be satisfied? Until the unanimous con-
sent of the people shall be obtained ? Be not deceived — those
who oppose this constitution, under a pretended zeal for the
liberties of the people, would with equal zeal, and under the
same pretences, oppose every other that could be offered. I
know not how it may be in the other States, but in Pennsyl-

438 IVJiile the Convent io7t was Sitting.

vania we need only look at the men to know their motives.
If we wait till these men are satisfied, we shall wait till some
Shays, some desperate adventurer, shall rise in the blast of
popular confusion into influence and importance, and frame
a government for us in a camp. And then, a very short an-
swer will sufiice for all objections real and imaginary.

It is time — it is high time — that we had an efficient govern-
ment, in which the wisdom and strength of the United States
may be concentered. The fable of the man and his sons and
the bundle of sticks, may with propriety be extended beyond
the usual interpretation of mere mental concord. The moral
of the fable requires not only a bundle of sticks, but a bundle
of sticks bound together, for a union of strength. An efficient
federal government is the only cord that can bind our States
together for any length of time. For want of this bond of
union, Rhode Island, which is but a twig in the bundle, hath
already shewn symptoms of disaffection.

The establishment of a good and respectable government
for the United States, was an event which the leading men of
a party in Pennsylvania neither wished for, nor expected.
Their hope was, that the delegates from the different States
would never unite in any system. But when it was discovered
that a frame of government was indeed likely to be fixed upon,
and was nearly ripe for promulgation, some of the party were
so indiscreet as to declare their intended opposition, even
before they knew the system they were determined to oppose.
But the more cunning, though not less adverse, waited till
the Convention had announced their plan, and even then,
these politicians affected to be in its favor, and with its suc-
cess, until by an unexpected motion in the House of Assem-
bly, they were compelled to throw off" the mask, and declare
themselves openly. They wished to prevent even the first
step for bringing the federal government into existence.
They saw plainly, that a majority of the House would be for
recommending it to the people of the State at large to appoint
delegates in their behalf to consider, and if proper, give the
assent of this State to the proposed plan. In this emergency
they played off" a stroke of wicked policy, which the same

While the Conveniio7i was Sitting. 439

party had once before found successful. As many of the mal-
contents, or rather tools of real malcontents, as were suffi-
cient to break up the House, abandoned their seats; but even
this manoeuvre did not answer the purpose. An accident not
looked for, defeated the pernicious intent, and the House
have legally, and in complete organization, recommended
that a State Convention should be called, and pointed out the
time and mode of doing it.

The disappointed partisans are now filling the newspapers
with loud outcries against the proposed constitution. They
have invoked Hecate to their aid; called up spirits from the
vasty deep, and presented raw-head and bloody-bones to the
people; weak and nervous politicians are even terrified by
their incantations. But the fallacy consists in this: These
writers consider the proposed constitution as vesting govern-
mental powers in strangers to be imported from God knows
what country, whose interests and those of the people of the
United States are not only separate from, but opposed to each
other. And in this view they descant largely on the dangers
and evils to be apprehended. Upon no other ground can
their arguments prove of any force. But the truth is, that
this Federal Assembly, this Senate, and this President of the
United States, are to be composed of our own brethren, of
men of our own appointment, taken from amongst ourselves;
whose interests must go hand in hand with ours; who, if
they do evil, must partake of that evil. If they enslave
others, they cannot leave their own children free. If they
involve the country in ruin, they cannot provide a Goshe7t
for themselves, their families and friends; for their power
will neither be perpetual nor hereditary. The constitution
ordains a frequent recurrence to the people for the choice of
their legislators and principal officers, all of whom are re-
sponsible for their conduct, and the component parts of the
system mutually control and check each other, in all cases
where checks and controls are consistent with good govern-
ment.

But this good constitution may be corrupted and abused,
say the opposers; and so indeed it may. From a like argu-

440 While the Convention was Sitting.

merit, divine wisdom would have never made man, because
his body is subject to disorders; much less would man have
been entrusted with freedom of will, because it is too mani-
fest that he can make a bad use of it. For the same reason,
we should not eat for fear of indigestion, or drink for fear of
a dropsy, should never travel lest we lose our way, or go to
sea because we may be shipwrecked. Some hazard must at-
tend all human transactions, and the event of the most
simple pursuit cannot be ascertained with certainty.

Imagination has been wearied with efforts to vilify the
Federal Constitution proposed by the late convention; but if
nothing more substantial can be urged against it, we may
well pronounce it to be most worthy of our acceptance. The
irresistible voice of the people seems to be in its favor; and I
hope, and I doubt not but that it will be established to the
honor and safety of the United States, and to the confusion
of their enemies internal and external. Candid. *

CaTO'S SOLILOQITY PARODIED.

It must be so — K m, thou reason'd well!

Else whence this pleasing hope, this fond desire,

This longing after offices of State?

Or whence this secret dread, and inward horror.

Of falling into nought ? Why shrink our souls.

And startle at the Federal Government ?

' Tis interest, dear self-interest stirs within us,

And tells us that a Federal government

Is bane, is prison to State demagogues.

A Federal government — O dreadful thought!

Through what variety of untried being.

Through what new scenes and changes must we pass ?

The wide unbounded prospect lies before us;

But shadows, clouds, and darkness rest upon it.

State sovereignty we'll hold: for if there is

A power superior that we must submit to,

(And that there must be, reason cries aloud

Through all the land) it may be just and virtuous;

Defeat our views, and make a nation happy.

I fear ! I fear ! — This State is not for K m.

But time must soon decide — My death and life,t

* From the Pennsylvania Packet, Nov. 27th.

t Pointing to the Federal system and State Constitution.

While the Convention was Sitting. 441

My bane and antidote, are both before me:
This in a moment brings me to an end,
And this informs me I shall still be great.
My interest well secur'd, I'll smile at those
Poor easy tools, I've dup'd to serve my purpose ;
And mock at all the clamors of good men.
Patriots may shrink away — Fabius himself,
And Franklin dim with age, lament with tears
Their toils, their cares, with virtues, all were vain,
If I but flourish in the general ruin.
Unhurt amidst the war of jarring States,
The wrecks of property, and crush of justice.
What means this heaviness that hangs upon me ?
This lethargy that creeps through all my senses ?
Nature oppress'd, and harrass'd out with care,
Sinks down to rest. I'll try to favor her.
That my awaken'd genius may arise.
With force renew'd to invent new fallacies
To puzzle and deceive. Let fears alarm

The patriot's breast — K m knows none of them !

Indifferent in his choice, if good or ill
Betide his country, if he govern still.*

[Report of a Committee of Citizens.]
For the Independent Gazetteer.

Mr. Printer: It has been often said, concerning the pro-
posed constitution, that those who complained of its faults,
should suggest amendments. A number of citizens, warmly
desirous of promoting the establishment of a well organized
federal government; and perceiving in each other, sentiments
inclining to harmony, formed a committee of their own
members to examine and consider the proposed constitution,
with instructions to report such amendments, and such only
as they should deem absolutely necessary to safety in the
adoption of it, paying equal regard to its practicability and
efficiency as a system of government on the one hand, and to
those rights which are essential to free citizens in a state of
society on the other.

The report having been read, a motion was made to adopt
it; but after some debate, in which some of the members de-
clared that their minds had already undergone some changes,

* Independent Gazetteer, Nov. 27, 1787.

443 While the Convention mas Sitting.

and that their opinions were not yet satisfactorily established,
it was thought proper that further time should be taken to
deliberate and advise with their fellow citizens on a subject
of such high importance and general concernment. It was
therefore agreed that the question should be postponed for
further consideration, and that in the meantime the report
be published. By giving it a place in your paper, you will
oblige Many Customers.

The committee to whom was referred the plan proposed by
the late general convention, for the government of the
United States, report,

That in the examination of the said plan, they have con-
ceived it to be their duty to exercise the freedom which the
magnitude of the trust reposed in them required ; at the same
time, that they have kept constantly in mind the respect
and deference due to the great characters who formed the
plan, and that candor and liberality of construction which
are necessary in forming a just opinion of a national compact
is which the citizens of every State in the Union, having an
equal interest, are equally parties.

Under these impressions, your committee have taken the
said plan into their most serious consideration; and though
they find much in it which merits approbation, yet the duty
they owe to their constituents and to their country, obliges
them to propose some alterations, which they should deem
necessary, considering it merely with regard to practicability
as a system of government; and when to this consideration
are added the propriety of preserving to the respective States
so much of their sovereignty as may be necessary to enable
them to manage their internal concerns, and to perform their
respective functions as members of a federal republic, and of
preserving to individuals such rights as are essential to free-
men in a state of society, the necessity of making such
alterations appear to your committee irresistibly strong.

There are four points in which your committee apprehend
alterations are absolutely necessary before the plan can with
safety be put in operation, nan^ely :

While the Co7ivention was Sitting. 44 •j

Respecting Elections.

Internal Taxation.

The Judicial Department.

The Legislative Pov/er, so far as it is independent of the
House of Representatives.

Divers other amendments might with propriety be pro-
posed, some of which might be comprehended in a bill of
rights, or table of fundamental principles, so declared and
established as to govern the construction of the powers given
by the constitution; but your committee avoid to mention
them in detail, because if suitable amendments are made re-
specting the points enumerated, the necessity for going far-
ther on the present occasion, though not entirely done away,
will be so far diminished, as that it may be thought advis-
able to leave them to future consideration, on such sugges-
tions as time and experience shall offer.

Your committee therefore proposes the following amend-
ments— Art. I, sect. 4, strike out these words — but the Con-
gress may at any tiine by law make or alter such regulations^
except as to the place of choosing senators.

Art. I, sect. 8, strike out tax and excises — [and so through-
out the plan make such amendments as may be necessary in
conformity with this idea] at the end of the clause, add —
"To make requisitions, in the proportion aforesaid, on the
several States in the Union, for such supplies of money as
shall be necessary, in aid of the other revenues, for these
purposes; leaving to the States respectively, the mode of
levying and collecting the same: Provided, that if any State
shall neglect or refuse to pass an act for complying with any
such requisition, or shall otherwise neglect or refuse to pay
its quota of any such requisition within the time therein lim-
ited, it shall be in the power of the Congress on any such
delinquency, by law, to direct the levying and collecting of
such quota, together with such farther sum as may be neces-
sary to defray the expense thereof, and interest from the
time it ought to have been paid, from the persons and estates
of the inhabitants of such delinquent State, according to the
mode of assessment by law established in such State; or in

444 While the Convention was Sitting.

default of such establishment, by such modes and means as
the Congress shall by law establish for that purpose."

Art. 3, sect. 2, clause ist. — Strike out the words between
citizens of different States. After the words ' ' between a
State," strike out, or the citizens thereof.

Clause 2d — Strike out both as to law ajidfact.

These two clauses will then stand as follows:

"The judicial power shall extend to cases in law and
equity, arising under this constitution, the laws of the United
States, and treaties made or which shall be made, under their
authority; to all cases affecting ambassadors, other public
ministers and consuls; to all cases of admiralty and maritime
jurisdiction; to controversies to which the United States shall
be a party; to controversies between two or more States;
between a State and citizens of another State; between citi-
zens of the same State claiming lands under grants of differ-
ent States; and between a State and foreign States, citizens
or subjects.

"In all cases affecting ambassadors, other public ministers
and consuls, and those in which a State shall be party, the
Supreme Court shall have original jurisdiction. In all the
other cases before-mentioned, the Supreme Court shall have
appellate jurisdiction, with such exceptions and under such
regulations as the Congress shall make."

Art. 6, clause 2 — After the word "notwithstanding," insert
"provided that every such treaty which shall hereafter be
made shall have been laid before the House of Representa-
tives, and have obtained the approbation of so many of the
members of that House as shall be a majority of the whole
number elected."

And your committee submit the following resolutions to
consideration:

That the foregoing amendments to the plan of government
formed by the late general convention, be transmitted to the
United States in Congress assembled.

That Congress be requested to recommend to the several
States in the union, that delegates be elected by the people
of the said States respectively, to meet in general convention

While the Convention was Sitting. 44^

at on the day of next, to

take into consideration the said amendments, together with
such amendments as shall be proposed by the several State
conventions, and to revise and amend the said plan of govern-
ment is such manner as they shall agree upon, not altering
the form as it now stands, farther than shall be necessary to
accommodate it to such of the amendments which shall be so
proposed to them, as they, or the representatives of any nine
or more States, shall agree to adopt; and that in case the
plan so agree upon shall be assented to by the vote of every
State which shall be represented in such Convention, they
shall have power, without further reference to the people, to
declare the same the Constitution or frame of government of
the United States, and it shall thereupon be accepted and
acted upon accordingly. *

[A criticism of the report by " Columbus.]

' ' Be the workmen what they may be^ let us speak of the
work. ' ' Bacon's Essays.

A late publication in your paper, in the form of a Report
of a Committee, has afforded both information and satisfac-
tion to divers of your readers. It were to be wished that so-
cieties, of the kind of that to which the committee reported,
were formed in every neighborhood, and that more time had
been taken by the people, by such or other means, to possess
themselves of a more accurate knowledge of a subject so highly
interesting to every individual, before the men were fixed
upon who should possess the power of deciding for them on
a subject of the highest sublunary importance to them and
their posterity.

The members of the general convention had the matter
several months under daily discussion and debate. Every
thought which occurred to any one was communicated to and
examined by every one, so that every one had time and
opportunity to trace the purport and tendency of every clause
and sentence, separately considered, as well as the probable

*From the Independent Gazetteer, Dec. i, 1787.

446 While the Convention was Sitting.

effect and influence of the combined whole; but these deliber-
ations were kept within their own walls with the secrecy of
a conclave. The people expected the result would be an
amendment of the federal compact, on such points only as
had been generally spoken of as defective. Their minds were
prepared for such amendments as they could easily judge of,
and come to a speedy decision upon. But instead of the old
instrument being repaired and amended, we are called upon
to consider it as totally dissolved, and its component party
reduced to a state of nature.

The constitution proposed in its stead is confessedly, even
by the framers of it, a novelty in the practice of legislation,
essentially different, both in principles and organization,
from any system of government heretofore formed, either by
force, fraud, accident, or the deliberate consent of a people.
It may be, as some of its sanguine advocates have asserted,
the best form that was ever offered to a people; but we should
remember, that what may be, may not be; and however ready
we may be to adopt measures on the credit of others, in
matters of lighter moment, the subject before us is certainly
a matter of too much consequence to be decided upon with-
out thorough examination, and more deliberation than the
citizens of Pennsylvania have had an opportunity of exercis-
ing. For although a few individuals who were in the Gen-
eral Convention may have given it a sufficient degree of
investigation to satisfy their own minds; yet it may be fairly
said of the people at large, that they could not possibly have
given it a due degree of examination at the time, that they
were in a manner surprised into a kind of surrender of the
right of further deliberation, by the election of delegates to
express their final decision. It has been said, that a small
proportion only of the voters in the State (hardly a sixth
part) gave their suffrages on this occasion; and it may fairly
be presumed, circumstances considered, that a large propor-
tion of those who did not vote, declined it because they found
themselves unqualified, from the mere want of such informa-
tion as every citizen ought to possess, before he gives his
weight on either side, on a question of so much importance.

While the Conventio7i was Sitting. 447

Will the members of the State convention, thus possessed
of the power, run hastily into the adoption, in toto^ of a plan
of government which, in the opinion of a large proportion of,
their constituents, cannot with safety be put in operation,
without very essential amendments? Or will they not rather
assent either to make the necesary amendments the condition
of their agreeing to the plan, or to adjourn for a reasonable
time, in order to obtain the deliberate sense of their constit-
uents on a matter of so much importance? Those who mean
to act fairly, can hardly withhold their assent to such an ad-
journment, except it be on the score of expense, and the
trouble of reassembling. But surely these are considerations
too light to be placed in opposition to the object. The delay
can occasion no real loss of time as to the final event, because
the accession of other States will be necessary to give opera-
tion to the plan ; and we know that divers of the State con-
ventions will not meet to deliberate upon it before May or
June. Why then should we be denied a reasonable time for
deliberation ? If the system be a good one and calculated to
promote the happiness of the people, the more it is examined
and understood, the more generally will it be approved of;
but if it should be otherwise, it can hardly be expected that
the people would acquiesce in a determination, which they
might suppose had been unfairly obtained.* C01.UMBUS.

[A criticism of M'Kean.]

Mr. Oswald: What a contracted soul must that man have,
who does not think that inestimable jewel, that greatest of
blessings. Liberty^ is worth contending for; who advises his
fellow citizens, when they have the alternative within their
reach, to submit to tyranny without a struggle, because the
life of man is such a span, seldom more than three-score
years, f Indeed the votaries of despotism must hereafter give
the palm of superior merit to him, for he hath discovered that
a good government is the greatest curse that can be inflicted

* Pennsylvania Packet, Dec. 8, 1787.

fThis is the substance of a speech delivered by C f J e M'K n

in the Convention on Tuesday last.

448 WJiile the Co7ivetttion luas Sitting.

on mankind ; for, says he, it attaches men too much to this
sublunary scene, it makes them reluctant to quit their earthly
.tabernacles. On his principle the Turks are supremely
blessed, who suffering under constant oppression, can have
no inducement to wish their existance prolonged; they must
be in a constant state of preparation to make their exit. *

A Bye-STAnder.

[A criticism of Mr. Whitehill.]

Substance of a speech, delivered by J. W — h — 11, Esquire,
in convention, on last Monday evening.

Mr. President: It has been said that Congress will have
power, by the new Constitution, to lay an impost on the 1771-
portatio7t of slaves into these States ; but that they will have
no power to impose any tax upon the 7nigratio7i of Europeans.
Do the gentlemen, sir, mean to insult our understandings,
when they assert this ? Or are they ignorant of the English
language ? If, because of their ignorance, they are at a loss,
I can easily explain this clause for them. The words ";;2z-
gratio7i''' and "importation," sir, being C07i7tected by the
disjimctive conjunction "<?r," certainly mean either migra-
tion, or importation ; either the one, or the other ; or both.
Therefore, when we say "a tax may be laid upon such ii7i-
portatio7i^ we mean, either upon the t}77portatio7i^ or 77iigra-
tioTi; or upon both ; for, because they 2^X0: joi7ted together^ in
the first instance, by the disjimctive conjunction or^ they are
both synonymous terms for the same thing — therefore, ''''stick
i7nportat707i^'''' because the co77iparative word siich^ is used,
means both importation and migration.

Mr. Oswald. As the above lear7ied expositio7i may be a
valuable acquisition to our English commentators, it may not
be amiss, at this time, to demonstrate the truth of it, for the
benefit of the ignorant, to whom it may seem rather para-
doxical.

Suppose the Legislature of Pennsylvania should say —
"French or British ships shall be allowed to come into our
ports; but such British ships shall be taxed," etc. — Here, it

* Independent Gazetteer, Dec. i. 1787.

While the Convention was Sitting. 449

is e.vident, that the French ships, as well as the British,
would be obliged to pay tax, imposed as above; for they are
conitected by the disjunctive conjunction or — Ergo^ French
ships and British ships are the same thing — also importation
and migration — Q. B. D.

I shall conclude, sir, with observing that were all the
the members of our convention capable, like Mr. W — h — 11,
of dissecting, analyzing, and explaining, the new Constitu-
tion, they would be able in a few days to pass a judgment
upon it : and thus there would be upwards of 14,000 dollars
saved to the State ; for, it is very probable they will sit nearly
as long, in discussing the new Constitution, as the federal
convention did in framing it. PuFF.*

[The Minority of the Convention denounced. ]

Mr. Oswald: Who are those " 24 virtuous characters who

compose the minority in the Convention, whose souls have

been tried \\\ the late glorious war," we are told of in Mr.

Bailey's paper of this day? In what manner have their sonls

been triedl Where was Mr. S y the day of the battle

of Brandy wine? Did he command the right or left wing of
the army of the United States? Did he dispute rank, on
that day, with Major General Lord Sterling? Was that the
cause of his Lordship's putting him in the guard-house?
Or did his Lordship consider him a suspicious character? A
Spy! Where was Mr. F y and Mr. R / JV //, dur-
ing the late glorious war? Go through the whole antifederal
junto^ and you will find few real whigs amongst them! No Sir,
good whigs are good members and supports of good govern-
ment! Sir, we have a Constitution offered us by the United
States for our acceptance, in which all the real and disinter-
ested whigs will unite: and which the good whigs will adopt.
I believe. Sir, the only antifederalists in this or the neighbor-
ing States, are the street or sunshine whigs, and office hold-
ers who know that as the number of offices and officers will
be lessened, they are unwilling to part with them. There
will be no such thing under the federal Constitution as creat-

* Independent Gazetteer, Dec. 6, 1787.
29

450 WJiile the Convention was Sittt7tg.

ing offices for the purpose of making a favorite an officer, at
the expense of the people. * A True Whig.

[Cost of the Convention.]

Mr. Oswald: I am afraid we have got into a scrape by put-
ting so many counsellors, judges, assemblymen and lawyers
into our State Convention. They are spending a wonderful
deal of their time and our money. I wish we had put in
plain folks, not so much used to talking in public. I would
not wish to hurry them, but that I think, if they do not like
the Constitution proposed, they should say so at once. A
w^eek would have been time enough to talk the matter over,
and then they might have taken the question. Really, Sir,
public expenses are so great, trade so hampered, for want of
power in Congress, produce of course so low, and living so
expensive, that any needless charge is death to us, however
great the sport is to them, who spend the money. I hope
therefore the House will take the question very soon.f

A Freeholder.

Germantown Township, Dec. 4, 1787.

[A call for the question. J

Messrs. Dunlap and Claypoole: I have attended some of
the debates of the convention, as well as your correspondent
in this day's paper, who signs himself "One of the People."

I have listened with attention to the monotonous and per-
tinacious Whitehill, to the zealous Smilie, and to the candid,
thoughtful Findley. On the other side of the room I have
heard with conviction the clear and rational arguments of the
Chief Justice, the good sense of Yeates, the fervency of
Chambers, the pathos and imagination of Rush, the nervous
thinking and correct eloquence of Wilson. I have heard in
the gallery the whispers of approbation circulate, as true
federal sentiments have been well expressed or happily intro-
duced by the speakers; I have seen those who wished for the
establishment of the proposed government return more zeal-
ous for it than before; I have seen those who went there

* Independent Gazetteer, Dec. 6, 1787.
t Independent Gazetteer, Dec. 6, 1878.

While t'he Conventio7t was Sitting. 451

undetermined depart in full decision to support it. I have
enquired abroad for the opponents of the plan, and have
found them almost uniformly the possessors or expectants of
office, with their nearest friends and connections. I have
seen the presses loaded with anti-federal compositions and
the federal government almost left to defend itself I have
sought for the effect so many publications must have had on
the public mind, and have almost ever>'where met with con-
fessions, that, objectionable as it might be, in the present
situation of things we could not expect a better. I have seen
the farmer storing his grain, the merchant suspending his
enterprises, and the men of ready money hoarding up their
cash, till the operation of the government should give activity
and confidence to the people of this country in their dealings
abroad and with each other. I have seen the landholders
assemble and make an offer of territory, and I have witnessed
the hopes of the manufacturers and mechanics that their
offer may be accepted. I have noticed an anxiety lest Penn-
sylvania, often the leader, and always amongst the foremost
in useful and distinguished measures, should suffer two of her
weakest sisters to anticipate her laurels. I have at length
heard something like murmurs, that the people of Pennsyl-
vania should spend their time in debates, which being con-
ducted without order, promise no certain end, in which the
issue of the argument can only be guessed at from the coun-
tenance of the members, and the final vote upon the accept-
ance or rejection of the whole cannot possibly (for the reasons
given) be influenced by this discussion on its parts; and I
have heard it said, that however suitable these disquisitions
might be in an academy of petty critics, or a divan of trem-
bling slaves — where the evidence and ingenuity in one, or
the exercise of freedom by the other, might consist in the
dissection of a sentence, or the explanation of a syiioninia\
yet it would be more manly, more characteristic of a conven-
tion of freemen, at once to put the question: Shall we be
happy or miserable, powerful or contemptible? Shall Penn-
sylvania adopt or reject the Federal Government?*

Wednesday^ Dec. jth. Yours, E. G. O.

* Pennsylvania Packet, Dec. 8, 1787.

452 Jlliile the Coiiventwn was Sitting.

[Reply to James Wilson.]

Mr. Oswald: In your paper of the i6tli instant, some per-
son under the signature of Puff or Frothy I don't now recollect
which, came forward in the shape of a critique, and demon-
strated it very clearly that a gallon of air would be necessary to
support him, while he carped at a grammatical error, which

he pretended to have discovered in Mr. J Wh — h — 11' s

speech in Convention. But Mr. Oswald, how many gallons
of air would it require to support this Dr. Frothy while he
described all the errors of a different complexion made by
members on his side of the house — I will mention a few, such

as when J s W — Is — n, Esquire, declared that German or

Irish indented servants, imported, were not articles of com-
merce, and therefore not subject to the tax of lo dollars each
— but that freemen were properly articles of commerce, (as
well as blacks).

That Virgina and most of the other States had no bills of
rights, and therefore we ought not to have one; and added
he, " some member said there would be no harm in having
one, but it is my opinion that there would be much harm in
it, and it would also put it out of the power of our indepen-
dent judges to show their firmness in checking the law-
makers" (who appoints them, and who have the power to
impeach and discard them).

Now, Mr. Oswald, I thought it was a bill of rights ascer-
taining the bounds of the legislative power, that gave the
judges a right to say when the laws were unconstitutional,
and therefore void.

The bill of rights of our Constitution, Mr. W — Is — n de-
clared had been of great hurt. Do not you remember that it
was the only thing saved you, v^htn Jitdge Jeffries called you
to his bar; — it was jury trial and the declaration of the free-
dom of the press which checked him, and saved you and the
press from being crushed, at that time. But Jefferies hopes
soon to h^ Judge and Jury. He and Mr. W — Is — n Saturday
in Convention interrupted a member while speaking, and de-
clared that jury trial never existed in Sweden or in any other
country, out of Great Britain and America. O Truth, where

While the Convention ivas Sitting. 453

art thou gone? Fled from the councils of America! Are
we thus to be fooled out of the transcendant privilege of free-
men, trial by jury of our peers (or equals), and in the place
of it be tried by corrupted judges?

It is thus that lawyers are allowed to rob us of our dearest
privileges — to serve themselves? Law will become a bottomless
pit^ indeed, if our right worshipful judgeships are allowed to
re-examine and judge of facts as well as law, in their conti-
nental courts. * One of the People.

[Conduct of the Majority of the Convention.]
Mr. Oswald: I am a sober, orderly citizen, not wise enough
to frame governments, nor weak enough to act contrary to
my conscience. If any thing could induce me to oppose the
new Constitution, it would be the indecent, supercilious car-
riage of its advocates towards its opponents, which I take to
indicate the spirit of the system itself. Every insult offered
to the minority is offered to the State, which they, as well as
the majority, represent; and it surely will not be denied that
for general reasoning the friends do not muster stronger than
the enemies of this plan. I declare to you, Sir, that the
management of this business has shaken the faith of

A Federalist, t

* Independent Gazetteer, Dec. 11, 1787.
f Independent Gazetteer, Dec. 11, 1787.

CHAPTER VI.

AFTER THE CONVENTION ROSE.

[While the members of the Convention were eating their
dinner and drinking their toasts at Epple's Tavern, some
enthusiastic Federalists were busy in one of the ship-yards
preparing a novel method of celebrating their victory. By
evening all was ready, and what then took place was after-
wards described in the Gazetteer. ]

"On the evening of the public rejoicing for the ratification
of the Federal Constitution, a number of ship carpenters and
sailors conducted a boat, on a wagon drawn by five horses,
through the city, to the great amusement of many thousand
spectators. On their way through the different streets, they
frequently threw a sounding line and cried out, "Three and
twenty fathom— 3/^?^/ bottom," and in other places, "Six and
forty fathom — sound bottom — safe anchorage," alluding to
the numbers that composed the minority and majority of the
late Convention of Pennsylvania which ratified the Federal
Constitution."

[If the rejoicing Federalists supposed that all opposition to
their new plan would stop, they were greatly mistaken. The
Antifederalists were far from humbled, and, till well into the
autumn of 1788, the Antifederal presses of the State teemed
with assaults on the Constitution. First in time and import-
ance came]
The Address and Reasons of Dissent of the Minority

OF THE Convention of the State of Pennsylvania

TO THEIR Constituents.*

It was not until after the termination of the late glorious
contest, which made the people of the United States an inde-
pendent nation, that any defect was discovered in the present

*From The Pennsylvania Packet and Daily Advertiser, Dec. 18, 17S7.
(454)

i;i

Reasons of Dissent of the Minority. 455

confederation. It was formed by some of the ablest patriots
in America. It carried us successfully through the war, and
the virtue and patriotism of the people, with their disposition
to promote the common cause, supplied the want of power
in Congress.

The requisition of Congress for the five per cent, impost
was made before the peace, so early as the first of February,
1 78 1, but was prevented taking effect by the refusal of one
State; yet it is probable every State in the Union would have
agreed to this measure at that period, had it not been for the
extravagant terms in which it was demanded. The requisi-
tion was new moulded in the year 1783, and accompanied
with an additional demand of certain supplementary funds
for twenty-five years. Peace had now taken place, and the
United States found themselves laboring under a considera-
ble foreign and domestic debt, incurred during the war. The
requisition of 1783 was commensurate with the interest of the
debt, as it was then calculated; but it has been more accu-
rately ascertained since that time. The domestic debt has
been found to fall several millions of dollars short of the cal-
culation, and it has lately been considerably diminished by
large sales of the Western lands. The States have been called
on by Congress annually for supplies until the general system
of finance proposed in 1783 should take place.

It was at this time that the want of an efficient federal
government was first complained of, and that the powers
vested in Congress were found to be inadequate to the pro-
curing of the benefits that should result from the union.
The impost was granted by most of the States, but many re-
fused the supplementary funds; the annual requisitions were
set at naught by some of the States, while others complied
with them by legislative acts, but were tardy in their pay-
ments, and Congress found themselves incapable of comply-
ing with their engagements and supporting the federal gov-
ernment. It was found that our national character was
sinking in the opinion of foreign nations. The Congress
could make treaties of commerce, but could not enforce the
observance of them. We were suffering from the restrictions

456 Aftei' the Convention Rose.

of foreign nations, who had suckled our commerce while we
were unable to retaliate, and all now agreed that it would be
advantageous to the union to enlarge the powers of Congress,
that they should be enabled in the amplest manner to regu-
late commerce and to lay and collect duties on the imports
throughout the United States. With this view, a convention
was first proposed by Virginia, and finally recommended by
Congress for the different States to appoint deputies to meet in
convention, "for the purposes of revising and amending the
present articles of confederation, so as to make them adequate
to the exigencies of the union." This recommendation the
legislatures of twelve States complied with so hastily as not
to consult their constituents on the subject; and though the
different legislatures had no authority from their constituents
for the purpose, they probably apprehended the necessity
would justify the measure, and none of them extended their
ideas at that time further than "revising and amending the
present articles of confederation. ' ' Pennsylvania, by the act
appointing deputies, expressly confined their powers to this
object, and though it is probable that some of the members
of the assembly of this State had at that time in contempla-
tion to annihilate the present confederation, as well as the
constitution of Pennsylvania, yet the plan was not sufficiently
matured to communicate it to the public.

The majority of the legislature of this commonwealth were
at that time under the influence of the members from the city
of Philadelphia. They agreed that the deputies sent by them
to convention should have no compensation for their services,
which determination was calculated to prevent the election
of any member who resided at a distance from the city. It
was in vain for the minority to attempt electing delegates to
the convention who understood the circumstances, and the
feelings of the people, and had a common interest with them.
They found a disposition in the leaders of the majority of the
house to choose themselves and some of their dependents.
The minority attempted to prevent this by agreeing to vote
for some of the leading members, who they knew had in-
fluence enough to be appointed at any rate, in hopes of carry-

Reasons of Dissent of the Minority. 457

ing with them some respectable citizens of Philadelphia, in
whose principles and integrity they could have more confi-
dence, but even in this they were disappointed, except in one
member: the eighth member was added at a subsequent ses-
sion of the assembly.

The Continental Convention met in the city of Philadel-
phia at the time appointed. It was composed of some men
of excellent character; of others who were more remarkable
for their ambition and cunning than their patriotism, and of
some who had been opponents to the independence of the
United States. The delegates from Pennsylvania were, six
of them, uniform and decided opponents to the Constitution
of this commonwealth. The convention sat upwards of four
months. The doors were kept shut, and the members
brought under the most solemn engagements of secrecy.*
Some ot those who opposed their going so far beyond their
powers, retired, hopeless, from the convention; others had the
firmness to refuse signing the plan altogether; and many who
did sign it, did it not as a system they wholly approved, but
as the best that could be then obtained, and notwithstanding
the time spent on this subject, it is agreed on all hands to be
a work of haste and accommodation.

Whilst the gilded chains were forging in the secret con-
clave, the meaner instruments of the despotism without were
busily employed in alarming the fears of the people with
dangers which did not exist, and exciting their hopes of
greater advantages from the expected plan than even the best
government on earth could produce. The proposed plan had
not many hours issued forth from the womb of suspicious
secrecy, until such as were prepared for the purpose, were
carrying about petitions for people to sign, signifying their
approbation of the system, and requesting the legislature to
call a convention. While every measure was taken to intim-
idate the people against opposing it, the public papers teemed
with the most violent threats against those who should dare
to think for themselves, and tar and feathers were liberally
promised to all those who would not immediately join in sup-

* The Journals of the conclave are still concealed.

458 After the Convention Rose.

porting the proposed government, be it what it would. Under
such circumstances petitions in favor of calling a Convention
were signed by great numbers in and about the city, before
they had leisure to read and examine the system, many of
whom — now they are better acquainted with it, and have had
time to investigate its principles — are heartily opposed to it.
The petitions were speedily handed in to the legislature.

Affairs were in this situation, when on the 28th of Septem-
ber last, a resolution was proposed to the assembly by a
member of the house, who had been also a member of the
federal convention, for calling a State convention to be
elected within tejt days for the purpose of examining and
adopting the proposed Constitution of the United States,
though at this time the house had not received it from Con-
gress. This attempt was opposed by a minority, who after
offering every argument in their power to prevent the pre-
cipitate measure, without effect, absented themselves from
the house as the only alternative left them, to prevent the
measures taking place previous to their constituents being
acquainted with the business. That violence and outrage
which had been so often threatened was now practised; some
of the members were seized the next day by a mob collected
for the purpose, and forcibly dragged to the house, and there
detained by force whilst the quorum of the legislature so
formed^ completed their resolution. We shall dwell no
longer on this subject: the people of Pennsylvania have been
already acquainted therewith. We would only further ob-
serve that every member of the legislature, previously to
taking his seat, by solemn oath or affirmation, declares "that
he will not do or consent to any act or thing whatever, that
will have a tendency to lessen or abridge their rights and
privileges, as declared in the constitution of this State."
And that constitution which they are so solemnly sworn to
support, cannot legally be altered but by a recommendation
of the council of censors, who alone are authorized to propose
alterations and amendments, and even these must be pub-
lished at least six fnonths for the consideration of the people.
The proposed system of government for the United States, if

Reasons of Dissent of the Minority. 459

adopted, will alter and may annihilate the constitution of
Pennsylvania; and therefore the legislature had no authority
whatever to recommend the calling a convention for that
purpose. This proceeding could not be considered as bind-
ing on the people of this commonwealth. The house was
formed by violence, some of the members composing it were
detained there by force, which alone would have vitiated any
proceedings to which they were otherwise competent; but
had the legislature been legally formed, this business was
absolutely without their power.

In this situation of affairs were the subscribers elected
members of the Convention of Pennsylvania — a Convention
called by a legislature in direct violation of their duty, and
composed in part of members who were compelled to attend
for that purpose, to consider of a Constitution proposed by a
Convention of the United States, who were not appointed for
the purpose of framing a new form of government, but whose
powers were expressly confined to altering and amending the
present articles of confederation. Therefore the members of
the continental Convention in proposing the plan acted as
individuals, and not as deputies from Pennsylvania.* The
assembly who called the State Convention acted as individ-
uals, and not as the legislature of Pennsylvania; nor could
they or the Convention chosen on their recommendation have
authority to do any act or thing that can alter or annihilate
the Constitution of Pennsylvania (both of which will be done
by the new Constitution), nor are their proceedings, in our
opinion, at all binding on the people.

The election for members of the Convention was held at so
early a period, and the want of information was so great, that
some of us did not know of it until after it was over, and we

*The continential Convention, in direct violation of the 13th article of the
confederation, have declared "that the ratification of nine States shall be
sufficient for the establishment of this Constitution, between the States so
ratifying the same." Thus has the plighted faith of the States been sported
with ! They had solemnly engaged that the confederation now subsisting
should be inviolably preserved by each of them, and the Union thereby
formed should be perpetual, unless the same should be altered by mutual
consent.

/

460 After tJie Conventiojt Rose.

have reason to believe that great numbers of the people of
Pennsylvania have not yet had an opportunity of sufficiently
examining the proposed Constitution. We apprehend that
no change can take place that will affect the internal govern-
ment or Constitution of this commonwealth, unless a majority
of the people should evidence a wish for such a change; but
on examining the number of votes given for members of the
present State Convention, we find that of upwards of seventy
thousand freemen who are entitled to vote in Pennsylvania,
the whole convention has been elected by about thirteen
thousand voters, and though tivo-thirds of the members of the
Convention have thought proper to ratify the proposed Con-
stitution, yet those tzvo-thirds were elected by the votes of
only six thousand and eight hundred freemen.

In the city of Philadelphia and some of the eastern coun-
ties the junto that took the lead in the business agreed to
vote for none but such as would solemnly promise to adopt
the system in toto^ without exercising their judgment. In
many of the counties the people did not attend the elections,
as they had not an opportunity of judging of the plan.
Others did not consider themselves bound by the call of a
set of men who assembled at the State-house in Philadelphia
and assumed the name of the legislature of Pennsylvania;
and some were prevented from voting by the violence of the
party who were determined at all events to force down the
measure. To such lengths did the tools of despotism carry
their outrage, that on the night of the election for members
of convention, in the city of Philadelphia, several of the sub-
scribers (being then in the city to transact your business)
were grossly abused, ill-treated and insulted while they were
quiet in their lodgings, though they did not interfere nor had
anything to do with the said election, but, as they apprehend,
because they were supposed to be adverse to the proposed
constitution, and would not tamely surrender those sacred
rights which you had committed to their charge.

The convention met, and the same disposition was soon
manifested in considering the proposed constitution, that had
been exhibited in every other stage of the business. We

Reasons of Dissent of the Minority. 461

were prohibited by an express vote of the convention from
taking any questions on the separate articles of the plan, and
reduced to the necessity of adopting or rejecting in toto.
'Tis true the majority permitted us to debate on each article,
but restrained us from proposing amendments. They also
determined not to permit us to enter on the minutes our rea-
sons of dissent against any of the articles, nor even on the
final question our reasons of dissent against the whole. Thus
situated we entered on the examination of the proposed sys-
tem of government, and found it to be such as we could not
adopt, without, as we conceived, surrendering up your dear-
est rights. We offered our objections to the convention, and
opposed those parts of the plan which, in our opinion, would
be injurious to you, in the best manner we were able; and
closed our arguments by offering the following propositions
to the convention.

1. The right of conscience shall be held inviolable; and
neither the legislative, executive nor judicial powers of the
United States shall have authority to alter, abrogate or in-
fringe any part of the constitution of the several States, which
provide for the preservation of liberty in matters of religion.

2. That in controversies respecting property, and in suits
between man and man, trial by jury shall remain as hereto-
fore, as well in the federal courts as in those of the several
States.

3. That in all capital and criminal prosecutions, a man has
a right to demand the cause and nature of his accusation, as
well in the federal courts as in those of the several States; to
be heard by himself and his counsel; to be confronted with
the accusers and witnesses; to call for evidence in his favor,
and a speedy trial by an impartial jury of his vicinage, with-
out whose unanimous consent he cannot be found guilty, nor
can he be compelled to give evidence against himself; and,
that no man be deprived of his liberty, except by the law of
the land or the judgment of his peers.

4. That excessive bail ought not to be required, nor ex-
cessive fines imposed, nor cruel nor unusual punishments in-
flicted.

462 After the Convention Rose.

5. That warrants unsupported by evidence, whereby any
officer or messenger may be commanded or required to search
suspected places; or to seize any person or persons, his or
their property not particularly described, are grievous and
oppressive, and shall not be granted either by the magistrates
of the federal government or others.

6. That the people have a right to the freedom of speech,
of writing and publishing their sentiments; therefore the
freedom of the press shall not be restrained by any law of the
United States.

7. That the people have a right to bear arms for the de-
fence of themselves and their own State or the United States,
or for the purpose of killing game; and no law shall be passed
for disarming the people or any of them unless for crimes
committed, or real danger of public injury from individuals;
and as standing armies in the time of peace are dangerous to
liberty, they ought not to be kept up; and that the military
shall be kept under strict subordination to, and be governed
by the civil powers.

8. The inhabitants of the several States shall have liberty
to fowl and hunt in seasonable time on the lands they hold,
and on all other lands in the United States not inclosed, and
in like manner to fish in all navigable waters, and others not
private property, without being restrained therein by any
laws to be passed by the legislature of the United States.

9. That no law shall be passed to restrain the legislatures
of the several States from enacting laws for imposing taxes,
except imposts and duties on goods imported or exported, and
that no taxes, except imposts and duties upon goods imported
and exported, and postage on letters, shall be levied by the
authority of Congress.

10. That the house of representatives be properly increased
in number; that elections shall remain free; that the several
States shall have power to regulate the elections for senators
and representatives, without being controlled either directly
or indirectly by any interference on the part of the Congress;
and that the elections of representatives be annual.

11. That the power of organizing, arming and disciplining

Reasons of Disseiit of the Minority. 463

the militia (the manner of disciplining the militia to be pre-
scribed by Congress), remain with the individual States, and
that Congress shall not have authority to call or march any
of the militia out of their own State, without the consent of
such State, and for such length of time only as such State
shall agree.

That the sovereignty, freedom and independency of the
several States shall be retained, and every power, jurisdiction
and right which is not by this Constitution expressly dele-
gated to the United States in Congress assembled.

12. That the legislative, executive and judicial powers be
kept separate; and to this end that a constitutional council be
appointed to advise and assist the President, who shall be
responsible for the advice they give — hereby the senators
would be relieved from almost constant attendance; and also
that the judges be made completely independent.

13. That no treaty which shall be directly opposed to the
existing laws of the United States in Congress assembled,
shall be valid until such laws shall be repealed or made con-
formable to such treaty; neither shall any treaties be valid
which are in contradiction to the Constitution of the United
States, or the constitution of the several States.

14. That the judiciary power of the United States shall be
be confined to cases affecting ambassadors, other public min-
isters and consuls, to cases of admiralty and maritime juris-
diction; to controversies to which the United States shall be
a party; to controversies between two or more States — be-
tween a State and citizens of diflTerent States — between citi-
zens claiming lands under grants of different States, and
between a State or the citizens thereof and foreign States;
and in criminal cases to such only as are expressly enumer-
ated in the constitution; and that the United States in Con-
gress assembled shall not have power to enact laws which
shall alter the laws of descent and distribution of the effects
of deceased persons, the titles of lands or goods, or the regu-
lation of contracts in the individual States.

After reading these propositions, we declared our willing-
ness to agree to the plan, provided it was so amended as

464 After the Convention Rose.

to meet those propositions or something similar to them,
and finally moved the convention to adjourn, to give the
people of Pennsylvania time to consider the subject and de-
termine for themselves; but these were all rejected and the
final vote taken, when our duty to you induced us to vote
against the proposed plan and to decline signing the ratifica-
tion of the same.

During the discussion we met with many insults and some
personal abuse. We were not even treated with decency,
during the sitting of the convention, by the persons in the
gallery of the house. However, we flatter ourselves that in
contending for the preservation of those invaluable rights
you have thought proper to commit to our charge, we acted
with a spirit becoming freemen; and being desirous that you
might know the principles which actuated our conduct, and
being prohibited from inserting our reasons of dissent on the
minutes of the convention, we have subjoined them for your
consideration, as to you alone we are accountable. It re-
mains with you whether you will think those inestimable
privileges, which you have so ably contended for, should be
sacrificed at the shrine of despotism, or whether you mean to
contend for them with the same spirit that has so often
baffled the attempts of an aristocratic faction to rivet the
shackles of slavery on you and your unborn posterity.

Our objections are comprised under three general heads of
dissent, viz. :

We dissent, first, because it is the opinion of the most cele-
brated writers on government, and confirmed by uniform
experience, that a very extensive territory cannot be governed
on the principles of freedom, otherwise than by a confedera-
tion of republics, possessing all the powers of internal gov-
ernment, but united in the management of their general and
foreign concerns.

If any doubt could have been entertained of the truth of
the foregoing principle, it has been fully removed by the con-
cession ol Mr. Wilson^ one of the majority on this question, and
who was one of the deputies in the late general convention.
In justice to him, we will giv^e his own words; they are as

Reasons of Dissent of the Minority. 465

follows, viz. : "The extent of country for which the new con-
stitution was required, produced another difficulty in the
business of the federal convention. It is the opinion of some
celebrated writers, that to a small territory, the democratical;
to a middling territory (as Montesquieu has termed it), the
monarchical; and to an extensive territory, the despotic form
of government is best adapted. Regarding then the wide
and almost unbounded jurisdiction of the United States, at
first view, the hand of despotism seemed necessary to control,
connect and protect it; and hence the chief embarrassment
rose. For we know that although our constituents would
cheerfully submit to the legislative restraints of a free govern-
ment, they would spurn at every attempt to shackle them
with despotic power." And again, in another part of his
speech, he continues: "Is it probable that the dissolution of
the State governments, and the establishment of one consoli-
dated empire would be eligible in its nature, and satisfactory
to the people in its administration ? I think not, as I have
given reasons to show that so extensive a territory could not
be governed, connected and preserved, but by the supremacy
of despotic power. All the exertions of the most potent em-
perors of Rome were not capable of keeping that empire
together, which in extent was far inferior to the dominion of
America. ' '

We dissent, secondly, because the powers vested in Con-
gress by this constitution, must necessarily annihilate and
absorb the legislative, executive, and judicial powers of the
several States, and produce from their ruins one consolidated
government, which from the nature of things will be an iron
handed despotism^ as nothing short of the supremacy of des-
potic sway could connect and govern these United States
under one government.

As the truth of this position is of such decisive importance,
it ought to be fully investigated, and if it is founded to be
clearly ascertained; for, should it be demonstrated that the
powers vested by this constitution in Congress will have
such an effect as necessarily to produce one consolidated
government, the question then will be reduced to this short
30

466 After the Coiivcjition Rose.

issue, viz. : whether satiated with the blessings of liberty,
whether repenting of the folly of so recently asserting their
unalienable rights against foreign despots at the expense of
so much blood and treasure, and such painful and arduous
struggles, the people of America are now willing to resign
every privilege of freemen, and submit to the dominion of an
absolute government that will embrace all America in one
chain of despotism; or whether they will, with virtuous in-
dignation, spurn at the shackles prepared for them, and con-
firm their liberties by a conduct becoming freemen.

That the new government will not be a confederacy of
States, as it ought, but one consolidated government, founded
upon the destruction of the several governments of the States,
we shall now show.

The powers of Congress under the new constitution are
complete and unlimited over 'i}^^ purse and the sword^ and are
perfectly independent of and supreme over the State govern-
ments, whose intervention in these great points is entirely
destroyed. By virtue of their power of taxation, Congress
may command the whole or any part of the property of the
people. They may impose what imposts upon commerce,
they may impose what land taxes, poll taxes, excises, duties
on all written instruments and duties on every other article,
that they may judge proper; in short, every species of taxa-
tion, whether of an external or internal nature, is comprised
in section the eighth of article the first, viz. :

"The Congress shall have power to lay and collect taxes,
duties, imposts, and excises, to pay the debts, and provide
for the common defence and general welfare of the United
States."

As there is no one article of taxation reserved to the State
governments, the Congress may monopolize every source of
revenue, and thus indirectly demolish the State governments,
for without funds they could not exist; the taxes, duties and
excises imposed by Congress may be so high as to render it
impracticable to levy farther sums on the same articles; but
whether this should be the case or not, if the State govern-
ments should p esume to impose taxes, duties or excises on

Reasons of Dissent of the Minority. /^6y

the same articles with Congress, the latter may abrogate and
repeal the laws whereby they are imposed, upon the allega-
tion that they interfere with the due collection of their taxes,
duties or excises, by virtue of the following clause, part of
section eighth, article first, viz. :

"To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other
powers vested by this constitution in the government of the
United States, or in any department or officer thereof."

The Congress might gloss over this conduct by construing
every purpose for which the State legislatures now lay taxes,
to be for the ''''general welfare^^'' and therefore as of their
jurisdiction.

And the supremacy of the laws of the United States is
established by article sixth, viz.: "That this constitution
and the laws of the United States which shall be made in
pursiiance 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 laws of any
State to the contrary notwithstandijtg. ' ' It has been alleged
that the words "pursuant to the constitution," are a restric-
tion upon the authority of Congress; but when it is considered
that by other sections they are invested with every efficient
power of government, and which may be exercised to the
absolute destruction of the State governments, without any
violation of even the forms of the constitution, this seeming
restriction, as well as every other restriction in it, appears to
us to be nugatory and delusive; and only introduced as a
blind upon the real nature of the government. In our
opinion, "pursuant to the constitution " will be co-extensive
with the will and pleasure of Congress, which, indeed, will
be the only limitation of their powers.

We apprehend that two co-ordinate sovereignties would be
a solecism in politics; that, therefore, as there is no line of
distinction drawn between the general and State govern-
ments, as the sphere of their jurisdiction is undefined, it
would be contrary to the nature of things that both should

468 After the Convention Rose.

exist together — one or the other would necessarily triumph in
the fulness of dominion. However, the contest could not be
of long continuance, as the State governments are divested
of every means of defence, and will be obliged by "the su-
preme law of the land ' ' to yield at discretion.

It has been objected to this total destruction of the State
governments that the existence of their legislatures is made
essential to the organization of Congress; that they must
assemble for the appointment of the senators and President-
general of the United States. True, the State legislatures
may be continued for some years, as boards of appointment
merely, after they are divested of every other function; but
the framers of the constitution, foreseeing that the people
will soon become disgusted with this solemn mockery of a
government without power and usefulness, have made a pro-
vision for relieving them from the imposition in section fourth
of article first, viz.: "The times, places and manner of hold-
ing elections for senators and representatives shall be pre-
scribed in each State by the legislature thereof ; but the Con-
gress may at any time by law make or alter such regulations.,
except as to the place of choosing senators y

As Congress have the control over the time of the appoint-
ment of the President-general, of the senators and of the rep-
resentatives of the United States, they may prolong their
existence in office for life by postponing the time of their
election and appointment from period to period under various
pretences, such as an apprehension of invasion, the factious
disposition of the people, or any other plausible pretence
that the occasion may suggest; and having thus obtained
life-estates in the government, they may fill up the vacancies
themselves by their control over the mode of appointment;
with this exception in regard to the senators that as the place
of appointment for them must, by the constitution, be in the
particular State, they may depute some body in the respec-
tive States, to fill up the vacancies in the senate, occasioned
by death, until they can venture to assume it themselves.
In this manner may the only restriction in this clause be
evaded. By virtue of the foregoing section, when the spirit

Reasons of Dissent of the Minority. 469

of the people shall be gradually broken, when the general
government shall be firmly established, and when a numerous
standing army shall render opposition vain, the Congress
may complete the system of despotism, in renouncing all
dependence on the people by continuing themselves and
children in the government.

The celebrated Montesquieu^ in his Spirit of Laws, vol. i. ,
page 12, says, "That in a democracy there can be no exer-
cise of sovereignty, but by the suffrages of the people, which
are their will; now the sovereign's will is the sovereign him-
self— the laws, therefore, which establish the right of suffrage,
are fundamental to this government. In fact, it is as im-
portant to regulate in a republic in what manner, by whom,
and concerning what suffrages are to be given, as it is in a
monarchy to know who is the prince, and after what manner
he ought to govern." The time.^ mode d^xA place of the elec-
tion of representatives, senators and president-general of the
United States, ought not to be under the control of Congress,
but fundamentally ascertained and established.

The new Constitution, consistently with the plan of con-
solidation, contaii^s no reservation of the rights and privileges
of the State governments, which was made in the confedera-
tion of the year 1778, by article the 2d, viz.: "That each
State retains its sovereignty, freedom and independence, and
every power, jurisdiction and right which is not by this con-
federation expressly delegated to the United States in Con-
gress assembled."

The legislative power vested in Congress by the foregoing
recited sections, is so unlimited in its nature, may be so com-
prehensive and boundless in its exercise, that this alone would
be amply sufficient to annihilate the State governments, and
swallow them up in the grand vortex of general empire.

The judicial powers vested in Congress are also so various
and extensive, that by legal ingenuity they may be extended
to every case, and thus absorb the State judiciaries; and when
we consider the decisive influence that a general judiciary
would have over the civil polity of the several States, we do
not hesitate to pronounce that this power, unaided by the

470 After the Convention Rose.

legislative, would eflfect a consolidation of the States under
one government.

The powers of a court of equity, vested by this constitution
in the tribunals of Congress — powers which do not exist in
Pennsylvania, unless so far as they can be incorporated with
jury trial — would, in this State, greatly contribute to this
event. The rich and wealthy suitors would eagerly lay hold
of the infinate mazes, perplexities and delays, which a court
of chancery, with the appellate powers of the Supreme Court
in fact as well as law would furnish him with, and thus the
poor man being plunged in the bottomless pit of legal discus-
sion, would drop his demand in despair.

In short, consolidation pervades the whole constitution.
It begins with an annunciation that such was the intention.
The main pillars of the fabric correspond with it, and the
concluding paragraph is a confirmation of it. The preamble
begins with the words, "We the people of the United
States," which is the style of a compact between individuals
entering into a state of society, and not that of a confedera-
tion of States. The other features of consolidation we have
before noticed.

Thus we have fully established the position, that the
powers vested by this constitution in Congress will eflfect a
consolidation of the States under one government, which
even the advocates of this constitution admit could not be
done without the sacrifice of all liberty.

3. We dissent, thirdly, because if it were practicable to
govern so extensive a territory as these United States in-
clude, on the plan of a consolidated government, consistent
with the principles of liberty and the happiness of the people,
yet the construction of this Constitution is not calculated to
attain the object; for independent of the nature of the case,
it would of itself necessarily produce a despotism, and that
not by the usual gradations, but with the celerity that has
hitherto only attended revolutions efifected by the sword.

To establish the truth of this position, a cursory investiga-
tion of the principles and form of this constitution will suffice.

The first consideration that this review suggests, is the omis-

Reasons of Dissent of the Minority. 471

sion of a BiLiv OF Rights ascertaining and fundamentally es-
tablishing those unalienable and personal rights of men, with-
out the full, free and secure enjoyment of which there can be
no liberty, and over which it is not necessary for a good gov-
ernment to have the control — the principal of which are the
rights of conscience, personal liberty by the clear and une-
quivocal establishment of the writ of habeas corpus^ jury trial
in criminal and civil cases, by an impartial jury of the vicin-
age or county, with the common law proceedings for the
safety of the accused in criminal prosecutions; and the liberty
of the press, that scourge of tyrants, and the grand bulwark
of every other liberty and privilege. The stipulations hereto-
fore made in favor of them in the State constitutions, are
entirely superseded by this Constitution.

The legislature of a free country should be so formed as to
have a competent knowledge of its constitutents, and enjoy
their confidence. To produce these essential requisites, the
representation ought to be fair, equal and sufficiently numer-
ous to possess the same interests, feelings, opinions and views
which the people themselves would possess, were they all
assembled ; and so numerous as to prevent bribery and undue
influence, and so responsible to the people, by frequent and
fair elections, as to prevent their neglecting or sacrificing the
views and interests of their constituents to their own pur-
suits.

We will now bring the legislature under this Constitution
to the test of the foregoing principles, which will demonstrate
that it is deficient in every essential quality of a just and safe
representation.

The House of Representatives is to consist of sixty-five
members; that is one for about every 50,000 inhabitants, to
be chosen every two years. Thirty-three members will form
a quorum for doing business, and seventeen of these, being
the majority, determine the sense of the house.

The Senate, the other constituent branch of the legislature,
consists of twenty-six members, being two from each State,
appointed by their legislatures every six years ; fourteen
senators make a quorum — the majority of whom, eight, de-

473 After the Convention Rose.

termines the sense of that body, except in judging on im-
peachments, or in making treaties, or in expelling a member,
when two-thirds of the senators present must concur.

The president is to have the control over the enacting of
laws, so far as to make the concurrence of two-thirds of the
representatives and senators present necessary, if he should
object to the laws.

Thus it appears that the liberties, happiness, interests, and
great concerns of the whole United States, may be dependent
upon the integrity, virtue, wisdom, and knowledge of twenty-
five or twenty-six men. How unadequate and unsafe a
representation! Inadequate, because the sense and views of
three or four millions of people, diffused over so extensive a
territory, comprising such various climates, products, habits,
interests, and opinions, cannot be collected in so small a body;
and besides, it is not a fair and equal representation of the
people even in proportion to its number, for the smallest
State has as much weight in the Senate as the largest; and
from the smallness of the number to be chosen for both
branches of the legislature, and from the mode of election
and appointment, which is under the control of Congress,
and from the nature of the thing, men of the most elevated
rank in life will alone be chosen. The other orders in the
society, such as farmers, traders, and mechanics, who all
ought to have a competent number of their best informed
men in the legislature, shall be totally unrepresented.

The representation is unsafe, because in the exercise of
such great powers and trusts, it is so exposed to corruption
and undue influence, by the gift of the numerous places of
honor and emolument at the disposal of the executive, by
the arts and address of the great and designing, and by
direct bribery.

The representation is moreover inadequate and unsafe, be-
cause of the long terms for which it is appointed, and the
mode of its appointment, by which Congress may not only
control the choice of the people, but may so manage as to
divest the people of this fundamental right, and become self-
elected.

ReasoJts of Dissent of the Minority. 473

The number of members in the House of Representatives
may be increased to one for every 30,000 inhabitants. But
when we consider that this cannot be done without the con-
sent of the Senate, who from their share in the legislative, in
the executive, and judicial departments, and permanency of
appointment, will be the great efficient body in this govern-
ment, and whose weight and predominancy would be
abridged by an increase of the representatives, we are per-
suaded that this is a circumstance that cannot be expected.
On the contrary, the number of representatives will probably
be continued at sixty-five, although the population of the
country may swell to treble what it now is, unless a revolu-
tion should effect a change.

We have before noticed the judicial power as it would
ajBfect a consolidation of the States into one government; we
will now examine it as it would affect the liberties and wel-
fare of the people, supposing such a government were prac-
ticable and proper.

The judicial power, under the proposed constitution, is
founded on well-known principles of the civil law^ by which
the judge determines both on law and fact, and appeals are
allowed from the inferior tribunals to the superior, upon the
whole question ; so that facts as well as law^ would be re-
examined, and even new facts brought forward in the court of
appeals; and to use the words of a very eminent civilian —
"The cause is many times another thing before the court of
appeals, than what it was at the time of the first sentence."

That this mode of proceeding is the one which must be
adopted under this constitution, is evident from the following
circumstances: ist. That the trial by jury, which is the
grand characteristic of the common law, is secured by the
constitution only in criminal cases. 2d. That the appeal
from both law and fact is expressly established, which is
utterly inconsistent with the principles of the common law
and trials by jury. The only mode in which an appeal from
law and fact can be established, is by adopting the principles
and practice of the civil law, unless the United States should
be drawn into the absurdity of calling and swearing juries,

474 After the Convention Rose.

merely for the purpose of contradicting tlieir verdicts, which
would render juries contemptible and worse than useless. 3d.
That the courts to be established would decide on all cases oj
law and equity^ which is a well-known characteristic of the
civil law, and these courts would have conusance not only of
the laws of the United States, and of treaties, and of cases
affecting ambassadors, but of all cases of admiralty and mari-
time jurisdiction., which last are matters belonging exclusively
to the civil law, in every nation in Christendom.

Not to enlarge upon the loss of the invaluable right of trial
by an unbiased jury, so dear to every friend of liberty, the
monstrous expense and inconveniences of the mode of pro-
ceeding to be adopted, are such as will prove intolerable to
the people of this country. The lengthy proceedings of the
civil law courts in the chancery of England, and in the
courts of Scotland and France, are such that few men of
moderate fortune can endure the expense of; the poor man
must therefore submit to the wealthy. Length of purse will
too often prevail against right and justice. For instance, we
are told by the learned Judge Blackstone., that a question only
on the property of an ox, of the value of three guineas, origi-
nating under the civil law proceedings in Scotland, after
many interlocutory orders and sentences below, was carried
at length from the court of sessions, the highest court in that
part of Great Britain, by way of appeal to the House of Lords,
where the question of law and fact was finally determined.
He adds, that no pique or spirit could in the court of king's
bench or common pleas at Westminster, have given con-
tinuance to such a cause for a tenth part of the time, nor
have cost a twentieth part of the expense. Yet the costs in
the courts of king's bench and common pleas in England,
are infinitely greater than those which the people of this
country have ever experienced. We abhor the idea of losing
the transcendent privilege of trial by jury, with the loss of
which, it is remarked by the same learned author, that in
Sweden, the liberties of the commons were extinguished by
an aristocratic Senate; and \h2X trial by jury 2>.vA the liberty
of the people went out together. At the same time we regret

Reasons of Dissent of the Minority. 475

the intolerable delay, the enormous expense, and infinite
vexation, to which the people of this country will be exposed
from the volumnious proceedings of the courts of civil law,
and especially from the appellate jurisdiction, by means of
which a man may be drawn from the utmost boundaries of
this extensive country to the seat of the Supreme Court of
the nation to contend, perhaps, with a wealthy and powerful
adversary. The consequence of this establishment will be an
absolute confirmation of the power of aristocratical influence
in the courts of justice; for the common people will not be
able to contend or struggle against it.

Trial by jury in criminal cases may also be excluded by
declaring that the libeller for instance shall be liable to an
action of debt for a specified sum, thus evading the common
law prosecution by indictment and trial by jury. And the
common course of proceeding against a ship for breach of
revenue laws by informa (which will be classed among civil
causes) will at the civil law be within the resort of a court,
where no jury intervenes. Besides, the benefit of jury trial,
in cases of a criminal nature, which cannot be evaded, will be
rendered of little value, by calling the accused to answer far
from home; there being no provision tliat the trial be by a
jury of the neighborhood or country. Thus an inhabitant
of Pittsburgh, on a charge of crime committed on the banks
of the Ohio, may be obliged to defend himself at the side of
the Delaware, and so vice versa. To conclude this head: we
observe that the judges of the courts of Congress would not
be independent, as they are not debarred from holding other
ofiices, during the pleasure of the President and Senate, and
as they may derive their support in part from fees, alterable
by the legislature.

The next consideration that the constitution presents, is
the undue and dangerous mixture of the powers of govern-
ment; the same body possessing legislative, executive and
judicial powers. The Senate is a constituent branch of the
legislature, it has judicial power in judging on impeachments,
and in this case unites in some measure the characters of
judge and party, as all the principal ofiicers are appointed by

476 After the Convention Rose.

the president-general, with the concurrence of the Senate,
and therefore they derive their offices in part from the Senate.
This may bias the judgments of the senators, and tend to
screen great delinquents from punishment. And the Senate
has, moreover, various and great executive powers, viz., in
concurrence with the president-general, they form treaties
with foreign nations, that may control and abrogate the con-
stitutions and laws of the several States. Indeed, there is no
power, privilege or liberty of the State governments, or of the
people, but what may be affected by virtue of this power.
For all treaties, made by them, are to be the "supreme law
of the land; anything in the constitution or laws of any State,
to the contrary notwithstanding."

And this great power may be exercised by the President
and ten senators (being two-thirds of fourteen, which is a
quorum of that body). What an inducement would this offer
to the ministers of foreign powers to compass by bribery
such concessions as could not otherwise be obtained. It is the
unvaried usage of all free States, whenever treaties interfere
with the positive laws of the land, to make the intervention
of the legislature necessary to give them operation. This be-
came necessary, and was afforded by the parliament of Great
Britain, in consequence of the late commercial treaty between
that kingdom and France. As the Senate judges on impeach-
ments, who is to try the members of the Senate for the abuse
of this power! And none of the great appointments to office
can be made without the consent of the Senate.

Such various, extensive, and important powers combined
in one body of men, are inconsistent with all freedom; the
celebrated Montesquieu tells us, that "when the legislative
and executive powers are united in the same person, or in
the same body of magistrates, there can be no liberty, be-
cause apprehensions may arise, lest the same monarch or
senate should enact tyrannical laws, to execute them in a
tyrannical manner."

"Again, there is no liberty, if the power of judging be not
separated from the legislative and executive powers. Were
it joined with the legislative, the life and liberty of the sub-

Reasons of Dissent of the Minority. 477

ject would be exposed to arbitrary control; for the judge
would then be legislator. Were it joined to the executive '
power, the judge might behave with all the violence of an
oppressor. There would be an end of everything, were the
same man, or the same body of the nobles, or of the people,
to exercise those three powers; that of enacting laws, that
of executing the public resolutions, and that of judging the
crimes or dijEferences of individuals."

The president general is dangerously connected with the
senate; his coincidence with the views of the ruling junto in
that body, is made essential to his weight and importance in
the government, which will destroy all independency and
purity in the executive department; and having the power of
pardoning without the concurrence of a council, he may
screen from punishment the most treasonable attempts that
may be made on the liberties of the people, when instigated
by his coadjutors in the senate. Instead of this dangerous
and improper mixture of the executive with the legislative
and judicial, the supreme executive powers ought to have
been placed in the president, with a small independent coun-
cil, made personally responsible for every appointment to
office or other act, by having their opinions recorded; and
that without the concurrence of the majority of the quorum
of this council, the president should not be capable of taking
any step.

We have before considered internal taxation as it would
effect the destruction of the State governments, and produce
one consolidated government. We will now consider that
subject as it affects the personal concerns of the people.

The power of direct taxation applies to every individual,
as Congress, under this government, is expressly vested with
the authority of laying a capitation or poll tax upon every
person to any amount. This is a tax that, however oppres-
sive in its nature, and unequal in its operation, is certain
as to its produce and simple in its collection; it cannot
be evaded like the objects of imposts or excise, and will be
paid, because all that a man hath will he give for his head.
This tax is so congenial to the nature of despotism, that it

478 After the Convention Rose.

has ever been a favorite under such governments. Some of
those who were in the late general convention from this
State, have labored to introduce a poll tax among us.

The power of direct taxation will further apply to every
individual, as Congress may tax land, cattle, trades, occupa-
tions, etc., to any amount, and every object of internal tax-
ation is of that nature that however oppressive, the people
will have but this alternative, either to pay the tax or let
their property be taken, for all resistance will be vain. The
standing army and select militia would enforce the collection.

For the moderate exercise of this power, there is no con-
trol left in the State governments, whose intervention is
destroyed. No relief, or redress of grievances, can be ex-
tended as heretofore by them. There is not even a declara-
tion of Rights to which the people may appeal for the
vindication of their wrongs in the court of justice. They
must therefore, implicitly obey the most arbitrary laws, as
the most of them will be pursuant to the principles and form
of the constitution, and that strongest of all checks upon the
conduct of administration, respo7isibility to the people^ will not
exist in this government. The permanency of the appoint-
ments of senators and representatives, and the control the
congress have over their election, will place them independ-
ent of the sentiments and resentment of the people, and the
administration having a greater interest in the government
than iu the community, there will be no consideration to re-
strain them from oppression and tyranny. In the govern-
ment of this State, under the old confederation, the members
of the legislature are taken from among the people, and their
interests and welfare are so inseparably connected with those
of their constituents, that they can derive no advantage from
oppressive laws and taxes; for they would suffer in common
with their fellow-citizens, would participate in the burthens
they impose on the community, as they must return to the
common level, after a short period; and notwithstanding
every exertion of influence, every means of corruption, a
necessary rotation excludes them from permanency in the
legislature.

Reasons of Dissent of the Minority. 479

This large State is to have but ten members in that Con-
gress which is to have the liberty, property and dearest con-
cerns of every individual in this vast country at absolute
command, and even these ten persons, who are to be our only
guardians, who are to supersede the legislature of Pennsyl-
vania, will not be of the choice of the people, nor amenable
to them. From the mode of their election and appointment
they will consist of the lordly and high minded; of men who
will have no congenial feelings with the people, but a perfect
indifference for, and contempt of them; they will consist of
those harpies of power that prey upon the very vitals, that
riot on the miseries of the community. But we will suppose,
although in all probability it may never be realized in fact,
that our deputies in Congress have the welfare of their con-
stituents at heart, and will exert themselves in their behalf,
what security could even this afford ? what relief could they
extend to their oppressed constitutents ? To attain this, the
majority of the deputies of the twelve other States in Congress
must be alike well disposed; must alike forego the sweets of
power, and relinquish the pursuits of ambition, which, from
the nature of things, is not to be expected. If the people
part with a responsible representation in the legislature,
founded upon fair, certain and frequent elections, they have
nothing left they can call their own. Miserable is the lot of
that people whose every concern depends on the will and
pleasure of their rulers. Our soldiers will become Janissaries,
and our officers of government Bashaws; in short, the system
of despotism will soon be completed.

From the foregoing investigation, it appears that the Con-
gress under this constitution will not possess the confidence
of the people, which is an essential requisite in a good gov-
ernment; for unless the laws command the confidence and
respect of the great body of the people, so as to induce them
to support them when called on by the civil magistrate, they
must be executed by the aid of a numerous standing army,
which would be inconsistent with every idea of liberty; for
the same force that may be employed to compel obedience to
good laws, might and probably would be used to wrest from

480 After the Convention Rose.

the people their constitutional liberties. The framers of this
constitution appear to have been aware of this great defic-
iency— to have been sensible that no dependence could be
placed on the people for their support: but on the contrary,
that the government must be executed by force. They have
therefore made a provision for this purpose in a permanent
standing army and a militia that may be objected to as strict
discipline and government.

A standing army in the hands of a government placed so
independent of the people, may be made a fatal instrument to
overturn the public liberties; it may be employed to enforce
the collection of the most oppressive taxes, and to carry into
execution the most arbitrary measures. An ambitious man
who may have the army at his devotion, may step up into
the throne, and seize upon absolute power.

The absolute unqualified command that Congress have
over the militia may be made instrumental to the destruction
of all liberty, both public and private; whether of a personal,
civil or religious nature.

First, the personal liberty of every man, probably from six-
teen to sixty years of age, may be destroyed by the power
Congress have in organizing and governing of the militia.
As militia they may be subjected to fines to any amount,
levied in a military manner; they may be subjected to cor-
poral punishments of the most disgraceful and humiliating
kind; and to death itself, by the sentence of a court martial.
To this our young men will be more immediately subjected,
as a select militia, composed of them, will best answer the
purposes of government.

Secondly, the rights of conscience may be violated, as
there is no exemption of those persons who are conscienti-
ously scrupulous of bearing arms. These compose a respect-
able proportion of the community in the State. This is the
more remarkable, because even when the distresses of the late
war, and the evident disaffection of many citizens of that
description, inflamed our passions, and when every person
who was obliged to risk his own life, must have been exas-
perated against such as on any account kept back from the

Reasons of Dissent of the Minority. 481

common danger, yet even then, when outrage and violence
might have been expected, the rights of conscience were held
sacred.

At this momentous crisis, the framers of our State Consti-
tution made the most express and decided declaration and
stipulations in favor of the rights of conscience; but now,
when no necessity exists, those dearest rights of men are left
insecure.

Thirdly, the absolute command of Congress over the mil-
itia may be destructive of public liberty; for under the
guidance of an arbitrary government, they may be made the
unwilling instruments of tyranny. The militia of Pennsyl-
vania may be marched to New England or Virginia to quell
an insurrection occasioned by the most galling oppression,
and aided by the standing army, they will no doubt be suc-
cessful in subduing their liberty and independency; but in so
doing, although the magnanimity of their minds will be
extinguished, yet the meaner passions of resentment and
revenge will be increased, and these in turn will be the ready
and obedient instruments of despotism to enslave the others;
and that with an irritated vengeance. Thus may the militia
be made the instruments of crushing the last efforts of ex-
piring liberty, of riveting the chains of despotism on their
fellow-citizens, and on one another. This power can be
exercised not only without violating the Constitution, but in
strict conformity with it; it is calculated for this express pur-
pose, and will doubtless be executed accordingly.

As this government will not enjoy the confidence of the
people, but be executed by force, it will be a very expensive
and burthensome government. The standing army must be
numerous, and as a further support, it will be the policy of
this government to multiply officers in every department;
judges, collectors, tax-gatherers, excisemen and the whole
host of revenue officers, will swarm over the land, devouring
the hard earnings of the industrious — like the locusts of old,
impoverishing and desolating all before them.

We have not noticed the smaller, nor many of the consid-
erable blemishes, but have confined our objections to the
31

482

After the Convention Rose.

great and essential defects, the main pillars of tlie constitu-
tion; which we have shown to be inconsistent with the lib-
erty and happiness of the people, as its establishment will
annihilate the State governments, and produce one consoli-
dated government that will eventually and speedily issue in
the supremacy of despotism.

In this investigation we have not confined our views to the
interests or welfare of this State, in preference to the others.
We have overlooked all local circumstances — we have consid-
ered this subject on the broad scale of the general good; we
have asserted the cause of the present and future ages — the
cause of liberty and mankind.

Nathaniel Breading, ' John Ludwig,

John Smilie, " Abraham Lincoln,

Richard Bard, John Bishop,

Adam Orth, Joseph Hiester,

John A. Hannah, Joseph Powell,

John Whitehill, James Martin,

John Harris, William Findley, '

Robert Whitehill, John Baird,

John Reynolds, James Edgar,

Jonathan Hoge, William Todd.

Nicholas Lntz,
The yeas and nays upon the final vote were as follows, viz. :

Yeas.
George Latimer,
Benjamin Rush,
Hilary Baker,
James Wilson,
Thomas M'Kean,
William Macpherson,
John Hunn,
George Gray,
Samuel Ashmead,
Enoch Edwards,
Henry Wynkoop,
Sebastian Graff,
John Hubley,

Yeas.
John Barclay,
Thomas Yardley,
Abraham Stout,
Thomas Bull,
Anthony Wayne,
William Gibbons,
Richard Downing,
Thomas Cheyney,
John Hannum,
Stephen Chambers,
Robert Coleman,
David Deshler,
William Wilson,

Reasons of Disseni of the Minoriiy.

483

Jasper Yeates,
Henry Slagle,
Thomas Campbell,
Thomas Hartley,
David Grier,
John Black,
Benjamin Pedan,
John Arndt,
Stephen Balliet,
Joseph Horsfield,

Nays.
John Whitehill,
John Harris,
John Reynolds,
Robert Whitehill,
Jonathan Hoge,
Nicholas Lutz,
John lyudwig,
Abraham Lincoln,
John Bishop,
Joseph Hiester,
James Martin,

John Boyd,
Thomas Scott,
John Neville, -
John Allison,
Jonathan Roberts,
John Richards,
F. A. Muhlenberg,
James Morris,
Timothy Pickering,
Benjamin Elliott.

Nays.
William Findley,
John Baird,
William Todd,
James Marshel,-
James Edgar, -
Nathaniel Breading,
John Smilie,
Richard Bard,
William Brown,
Adam Orth,
John Andre Hannah,

Joseph Powell,

Philadelphia December 12^ lySy

[The example thus set by the mmority was quickly fol-
lowed by individual members of the majority. No sooner
did they reach their homes than they too made appeals to
their constituents under the form of reports to county meet-
ings. The earliest of these was made at Easton.]

Philadelphia^ January 7. *

At a meeting of sundry respectable inhabitants of the
county of Northampton, held at Easton, the twentieth day
of December, 1787.

Alexander Patterson, Esq. in the chair.

The meeting took into consideration the report made to
the people of this county by their deputies to the State Con-
vention. Whereupon

* Independent Gazetteer, Jan. 7, 1788.

484 After the Convention Rose.

Resolved unani77ioiisly^ First, That we highly approve of
the conduct of our deputies, in assenting to and ratifying the
Constitution of the United States, as proposed by the late
Federal Convention.

Second. That the chairman be requested to return our
hearty thanks to the said deputies, for the patriotism, public
spirit and faithful discharge of their duty, as representatives
of this county.

Third. That their report, together with these resolutions,
be transmitted by the chairman to Philadelphia, for publica-
tion. Signed, by order of the meeting,

Alexander Patterson, Chairman.

Attest, James Pettigrew, Secretary.

Friends and Fellow-citizens of Northampton county.

The representatives of this county in the late convention
of this State, think it their duty, as servants of the public, to
lay before you, their constituents, the result of their deliber-
ations upon the new Constitution for the United States, sub-
mitted to their consideration by a resolve of the legislature
for calling a State Convention.

The debates at large we have reason to expect will be pub-
lished, wherein those whose inclination may lead them to it,
will find a detail of all the arguments made use of either for
or against the adoption of the constitution. Our intention,
therefore, is not to enter fully into an investigation of the
component parts of it, but only to inform our constituents
that it has been carefully examined in all its parts; that
every objection that could be offered to it has been heard and
attended to; and that upon mature deliberation, two-thirds of
the whole number of deputies from the city and counties of
this State, in the name and by the authority of the people of
this State, fully ratified it, upon the most clear conviction:

ist. That the state of America required a concentration
and union of the powers of government for all general pur-
poses of the United States.

2d. That the constitution proposed by the late convention
of the United States, held at Philadelphia, was the best form
that could be devised and agreed upon.

Northampt07i County Approves the Constitution. 485

3d. That such a constitution will enable the representatives
of the different States in the Union to restore the commerce
of all the States in general, and this in particular, to its
former prosperity.

4th. That by a diminution of taxes upon real estates, agri-
culture may be encouraged, and the prices of lands, which
have of late greatly declined, will be increased to their for-
mer value.

5th. That by imposing duties on foreign luxuries, not only
arts and manufactures will be encouraged in our own country ;
but the public creditors of this State and the United States
will be rendered secure in their demands, without any per-
ceptible burthen on the people.

6th. That all disputes which might otherwise arise, con-
cerning territory or jurisdiction, between neighboring States,
will be settled in the ordinary mode of distributing justice,
without war or bloodshed.

7th. That the support of government will be less expensive
than under the present constitutions of the different States.

8th. That all partial laws of any particular State for the
defeating contracts between parties, or rendering the com-
pliance therewith on one part easier than was originally
intended, and fraudulent to the other party, are effectually
provided against, by a prohibition of paper money and tender
laws; and

9th. That peace, liberty, and safety, the great objects for
which the late United Colonies, now free independent States,
expended so much blood and treasure, can only be secured by
such an union of interests as this constitution has provided for.

In full confidence that our unanimous conviction and con-
currence in favor of this constitution will meet the entire
approbation of our constituents, the freemen and citizens of
this county, we have the honor to subscribe ourselves.
Their devoted servants,

John Arndt,
Stephen Balliet,

Jos. HORSFIELD,

David Deshi^er.
Easton, December 20, 1787.

486 After the Convention Rose.

[A similar meeting held at Carlisle a week later was the
cause of a serious riot; described by a writer in the Indepen-
dent Gazetteer,]

Mr. Oswald: As you may perhaps have heard of an affray
which happened in this town, I send you the particulars: —
On Wednesday the 26th of December last, a number of per-
sons here, much in love with the new Constitution, formed a
plan of rejoicing on account of its adoption by this State;
they kept their purpose a profound secret from the rest of
the inhabitants (who they knew were of a different opinion)
until near night, at which time a cannon was brought from
the public magazine, placed in the centre of the square, a
drum beat and the bell rung; this collected a vast concourse
of people, and a report having been propagated that whoever
did not illuminate their windows would have them broke in
pieces. This alarmed the people very much, who asked the
rejoicers what they intended, and why they placed a cannon
there at that time; they answered, it was to express their
approbation of the adoption of the federal Constitution; they
were then asked why they attempted to do so without calling
a town meeting, to take the sense of the people on the subject.
They replied that such as did not like it might let it alone —
that they were determined, in spite of all opposition, to fire
that cannon, and swearing most tremendously, if they would
not clear the way, they would fire it through their bodies. A
smart altercation now took place between both parties, when
a number of barrels which had been piled for the bonfire, were
thrown down; this provoked some of the most violent of the
rejoicers to lay about them most unmercifully with such
weapons as they were provided with, but the people defended
themselves so well, and aimed their blows so successfully,
that it soon converted the intended joy into mourning — the
most forward of the rejoicing party were either carried off, or
ran with the greatest precipitation, not caring longer to face
the hardy cuffs of their enranged opponents, who they knew
would pay no respect to their rank, nor make any allowance
for their delicate constitutions; I assure you it was laughable
to see lawyers, doctors, colonels, captains, etc., etc., leave

Riot at Carlisle. 487

the scene of their rejoicing in such haste, and run some one
way and some another, so that in about three minutes from
the first commencement of the battle, there was not one of the
rejoicing part)^ to be seen on the ground, except a few who
skulked in the dark, in order to collect what they could hear,
with a view of appearing as evidences on a future day.

When the fray was over, the rejoicing took a new turn; the
fragments of the broken barrels were collected, piled and set
fire to; the new constitution was then produced and commit-
ted to the flames, by the hands of the executor of the law,
amidst the loudest acclamations, then followed three cheers
in honor of the dissenting minority of twenty-three in the
State convention. Immediately after this (the people having
mostly dispersed) some fellows whom the rejoicers had em-
ployed to assist them in working the cannon (but who
deserted their cause when they saw them defeated) went so
far as to burn the carriage and every part of the cannon-
mounting that would burn, contrary to the express prohibi-
tion of such of the people as were then present, but now too
few to prevent the rabble, at the head of whom was one Ryan,
a late wheelbarrow convict, whom the rejoicers had employed
to work the cannon for them: he swore (when desired to de-
sist and not destroy the carriage) that first he would burn one
side of the cannon, and then turn it like a po-ta-tee, for he
was captain now.

Next day at noon the rejoicers collected a number of men
with fire-arms and ammunition, in order (as they expressed
it) to rejoice at the risk of their lives; they fired a few rounds,
but on hearing the people's drum beat to arms, they dis-
persed, appointing to meet at two o'clock, to finish their
rejoicings: this, however, they prudently declined. Now in
their turn the people met, and having dressed up the efiigies
of two of the most noted partisans and promoters of the new
constitution, after carrying them in procession through the
principal streets of the town, to the funeral pile which was
burning in the square for their reception, committed them
to the flames, with an indignation suitable to the opinion
they entertained of men who could endeavor to undermine

488 After tJic Convention Rose.

the liberties of their country. From the first appearance of
the effigies the dead bell tolled until they were totally con-
sumed to ashes: this ended the exercises of the day; however,
the lawyers are like to make something by the matter — the
rejoicers swear they will be avenged, they have summoned a
long train of evidences before a justice who they think
favors their party, and are endeavoring to injure a number of
respectable characters among the people; who in their turn
have it amply in their power to retaliate, but will only act
agreeably to the laws of their country, the nod of the great
not being yet the supreme law of the land.

One of the People.
Carlisle, January i, 1788.*

Carlisle^ January 2.

As the riot on Wednesday last, and the burning of the
effigies of two of the most distinguished characters in the
State, in the public streets of Carlisle, by a mob on Thursday,
has already made a considerable noise in the county, an im-
partial spectator, desirous of furnishing the public with a just
and true state of facts, to enable them to form a proper judg-
ment of the conduct of the parties concerned, begs leave to
lay before them the following representation, for the truth of
which he pledges himself, and which will appear by the
depositions of a cloud of reputable and respectable witnesses,
in the possession of John Agnew, esq.

About five o'clock on Wednesday afternoon, public notice
being given by ringing the bell and beating the drum, a
number of persons met at the public square, to testify their
approbation of the proceedings of the late convention, in the
most decent and orderly manner. A piece of artillery having
been brought to the ground, and materials collected for a
bonfire, a number of men armed with bludgeons, came in
regular order from one quarter of the town, while others
sallied forth from different streets armed in the same manner.
Major James A. Wilson (having been appointed with two
other gentlemen, to make the necessary arrangements for the
occasion) was preparing to have the gun loaded, when he was

* Independent Gazetteer, Feb. 7, 1788.

Riot at Carlisle. 489

ordered by many of the armed party to desist, and many
threats thrown out against any person who would attempt to
kindle the bonfire; to which the Major replied, that those
who were not disposed to rejoice, might withdraw; and that
he hoped, people so pregnant with poverty as they appeared
to be, would not wish to hinder their neighbors from show-
ing marks of joy, when they were pleased. Immediately
after a number of barrels and staves were thrown at him, one
of which struck him on the breast; he then sprung forward
to the persons who threw at him, and struck one of them
with a small pine stick, to which a piece of pitch rope was
fixed; he was then beat down by a number of blows from six
or seven persons with bludgeons, who continued beating him
after he fell. They would have taken his life had not a
trusty old soldier thrown himself on the Major, and received
the blows aimed at him. A general confusion took place.
Mr. Robert Miller, jun, was attacked by a person who with
both hands wielded a massy bludgeon, and while he was
engaged with the first, received several blows from one who
stood behind him. The persons met for the purpose of the
celebration, altogether unprepared for such an assault (being
even without walking canes) were forced to return. The
armed party having accomplished their premeditated designs
of preventing the public rejoicing, proceeded to spike the
cannon, and having made a large fire, committed to the
flames the cannon and its carriage, together with a sledge on
which it had been drawn to the ground. They then sent for
an almanac containing the Federal Constitution, which was
formally burned. Loud huzzas were repeated, with ' ' Damna-
tion to the 46 members, and long live the virtuous 23. ' '

On Thursday at 12 o'clock, I understood that the friends
to government intended to carry into execution the resolution
of the celebration of the event from which, the evening be-
fore they had been so violently prevented. I went to the
place, found them, at the court house armed chiefly with musk-
ets and bayonets; they discovered every pacific disposition,
but at the same time the most determined resolution to repel,
at the risk of their lives, any attack which might be made on

490 After the Cojwenti'on Rose.

them. A bonfire was made, and the ratification of the con-
stitution by this State was read, accompanied by the acclama-
tions of all the people present, repeated volleys of musketry
and firing of cannon.

I cannot help giving my praise to the good order and cool-
ness and determined spirit with which the business was con-
ducted, although the mob made their appearance in several
places, armed with guns and bludgeons, and even came close
to where the federalists were firing the cannon, and used
threatening language, which was treated with every possible
contempt, and no violence offered to them. The federalists
remained two hours on the ground, testified their joy, with
every appearance of harmony and good humor, and returned
without any disturbance to their homes. Immediately after
a drum beat — the mob gathered, collected barrels, and pro-
ceeded to the court-house with noise and tumult, when there
were brought from an adjacent lot two efiigies with labels on
their breasts, Thomas M'Kean, Chief Justice, and James
Wilson, the Caledonian. They formed in order, had the
effigies carried in front, preceded only by a noted captain of
militia, who declared he was inspired from Heaven, paraded
the streets, and with shouts and most dreadful execrations
committed them to the flames. It is remarkable that some
of the most active people in the riot of Wednesday evening,
and the mob of Thursday, have come to this country within
these two years — men perfectly unknown, and whose charac-
ters were too obscure to attract the notice of the inhabitants
of this place, and others who but lately have stripped off the
garb of British soldiers. I think it improper to prejudice the
public by naming the persons concerned in these atrocious
riots, as prosecutions are about to be commenced in the name
of the State against them. Every lover of good order must
lament the wound the dignity of the State has received in
burning in the public street, in one of the largest towns in
open day, the effigy of the first magistrate of the Common-
wealth. Proceedings of this kind are really alarming, directly
tend to the dissolution of all governments, and must receive
the rebrobation of every honest citizen.

Riot at Carlisle. 491

I was invited, being an old man, to spend the evening with
the federalists at Mr. Joseph Postleth wait's tavern, where an
elegant supper had been prepared — a number of the respecta-
ble inhabitants of Carlisle convened there and spent the
evening with the most perfect harmony, good humor and
conviviality. After supper the following toasts were drank:

1. The Federal Constitution.

2. General Washington and the Federal Constitution.

3. The States who Acceded to the Federal Constitution.

4. A speedy accession and ratification of the Constitution
by all th£ States.

5. The patriotic forty-six.

6. The president of the State.

7. The chief justice of Pennsylvania and member of the
late convention.

8. The honorable James Wilson, Esq. , of Philadelphia.

9. Major James Armstrong Wilson.

10. An increase of the agriculture, manufactures and com-
merce of America.

11. May the flag of the United States fly triumphant in all
the ports of the world.

12. Our friends in Europe.*

Extract of a letter from Carlisle, dated January 4, 1788.

"I dare say you have heard of the unhappy rumpus which
took place here on the 25th ult. This spirit of rage and
discord is increasing every hour; Squire Agnew issued war-
rants for some of the rioters, but none would venture to serve
them. A boy indeed was taken, but the people of the town
threatening to rise again, he was discharged, and the country
people declaring they would come in and pull down the
houses of any who should attempt to issue or execute any
warrants. Nothing is or can be done! You cannot conceive
the violent language used here; the whole country is alive
with wrath, and it is spreading from one county to another
so rapidly that it is impossible to say where it will end, or
how far it will reach, as the best and leading characters in

*Independent Gazetteer, Jan. 9, 17S8.

493 After the Convention Rose.

all these counties during the late war are now the foremost
in this unfortunate dispute. The county of Franklin is, if
possible, they tell me, worse than ours; they also are forming
themselves into societies and associations to oppose this new
constitution. The order from council to repair the arms can-
not be executed; it is the subject of much speculation."*

[Some of the rioters, however, were arrested. What hap-
pened to them is set forth in the following narrative.]

Carlisle^ March 5.

A narrative of facts, respecting the manner by which the
prisoners were liberated from their confinement, in the gaol
of Cumberland county, on Saturday the first of March, in-
stant.

It is presumed the public are already in full possession of
the cause which gave rise to the following transactions, viz.,
the opposition made by some of the inhabitants of the bor-
ough of Carlisle, to the rejoicing intended to be celebrated by
the new federalists, on the 26th and 27th of December last.
It is already known that a number of depositions were taken
in the office of John Agnew, Esquire, with an intention to
criminate the several persons who were active in opposing said
rejoicing, on which depositions or other information laid be-
fore the honorable the supreme justices of the State of Penn-
sylvania, a warrant was issued charging the said opposers
with divers unlawful acts, &c., and commanding the Sheriff
of this county to apprehend 20 persons therein named, and
take them before some of the Justices of the Supreme Court,
or any of the Justices of Cumberland county, to answer to the
premises and be dealt with according to law. Some time
after the Sheriff received the warrant, and called upon the
defendants, and informed them such warrant was in his
hands; each person willingly agreed to appear at any time
he might think proper before any magistrate of this county:
he thought proper to appoint Monday the 25th of February
last for them to appear before John Agnew, Esq., which they
readily complied with. The warrant being read, which ex-

* Independent Gazetteer, Jan. 12, 1788.

The Rioters Rescued. 493

liibited the charge of a riot against the defendants, who
demanded that they should be confronted with the witnesses,
and ojffered, if permitted, to produce sufficient evidence to
exculpate themselves from the charge alleged against them,
which was refused, as the magistrate was of opinion that it
was not in his power to supersede a warrant issued by the
Supreme Justices. In the interim a country magistrate
arrived, who had been previously sent for by John Agnew,
Esquire; after a short consultation they came forth, and the
country justice told the defendants that in his opinion the
warrant admitted of a hearing, but added, that he was deter-
mined not to act in the matter, and advised the defendants
to accept of a proposal made by Mr. Agnew, which was to
remain in the custody of the Sheriff until the 25th of March
next, at which time Mr. Agnew hoped to have instructions
from the Supreme Justices. Seven of the defendants abso-
lutely refused the proposal, unless they were assured of an
investigation of the premises at the time mentioned, which
was likewise refused. Bail was then demanded by the Jus-
tice; the defendants answered they were conscious that they
were guilty of no crime against the laws of their country;
and as they were prosecuted to gratify party spite, they were
determined not to enter bail on the occasion, but would
otherwise willingly comply with the orders of his worship;
upon which Mr. Agnew wrote and signed their commitment,
and gave it to the Sheriff, who conducted the prisoners to
the county gaol. Immediately the country took the alarm,
on hearing that a number of persons were confined in prison
for opposing a measure that was intended to give sanction to
the proposed Federal Constitution. The people who com-
posed the different companies of militia in this county,
thought proper to collect, and appointed to meet in Carlisle,
on Saturday last, to inquire why those persons were confined,
and at the same time determined to act agreeably to the op-
position offered them by the rejoicing party. Accordingly
about sunrise the bell began to ring, and the men under arms
made their appearance from different quarters, who previously
had appointed one person from each company to represent

494 After the Convention Rose.

them in a committee, for the purpose of consulting on such
measures as might be most expedient on the occasion. Pre-
vious to their meeting five persons with delegated power from
the people of Dauphin county, had met a number of new
federalists, and had proposed terms of accommodation. In
one hour the new federalists promised to give them an answer,
at which time they accordingly met, together with the com-
mittee appointed by the different companies, who immedia-
tely agreed on terms of accommodation, and mutually con-
sented to transmit a petition to Council, signed by a number of
respectable persons on both sides of the question; they then
agreed that the Sheiff would sign the following discharge:

"Be it known that I, Charles Leeper, Esq., Sheriff of Cum-
berland county, do hereby discharge from their imprisonment
in the jail of this county of Cumberland, the following per-
sons, viz., James Wallace, William Petrikin, Thomas Dick-
son, Samuel Greer, Bartholomew White, Joseph Young, and
Joseph Steel.

"Charles Leeper, Sheriff."

After the above agreement was ratified, the militia were
marched under their respective officers from the public square
to the jail, where the sheriff conducted the prisoners to the
street; having read the above discharge, they were restored
to their former liberty with loud huzzas and a fen de joie
from right to left of the companies, who then marched out
of town in good order, without injuring any person or prop-
erty, except two balls which were fired through a tavern-
keeper's sign who is said to be a warm federalist.

It is with pleasure we announce to the public, that the
militia who appeared on this occasion amounted to about
1,500 men, who are generally men of property and good
characters, who all evinced both by words and actions, that
they intended to persevere in every measure that would
oppose the establishment of the new Constitution, at the risk
of their lives and fortunes.

The following is a copy of the petition to Council alluded
to above.

Minority of the State Convention Thanked. 495

To the Honorable the Supreme Executive Council of the
State of Pennsylvattia.
We, the undersigned, being desirous of preserving the
peace of the county of Cumberland, do hereby signify and
declare our wishes and desire that the prosecutions com-
menced respecting certain riots said to have been committed
upon Wednesday and Thursday the twenty-sixth and twenty-
seventh of December last, should be discontinued; and that
your honors will be pleased to direct the attorney-general to
enter noli prosequi to the said prosecutions.

John Montgomery, William Blair,

John Agnew, John Wray,

Stephen Duncan, William Brown,

James Hamilton, Mathew Alison,

Samuel A. M. Coskery, John Jordon,

Robert Magaw, James lycmberton,

Joseph Thornburg, Samuel Gray,

John Holmes, George Logan.

John Creigh,
Richard Butler.
N, B. John Montgomery, etc., are in favor of the new con-
stitution, and William Blair, etc., against it*

[The Antifederalists of Carlisle meantime had not been
idle. The Assembly was petitioned and the minority of the
convention repeatedly thanked.]
From the Carlisle Gazette.

Messrs. Printers: By inserting the following in your useful
Gazette^ you will oblige a number of your constant readers.
An address to the Minority of the State Coiivention of Penn-
sylvania.

The history of mankind is pregnant with frequent, bloody
and almost imperceptible transitions from freedom to slavery.
Rome, after she had been long distracted by the fury of the
patrician and plebeian parties, at length found herself re-
duced to the most abject slavery under a Nero, a Caligula,

* Independent Gazetteer, Mar. 14, 1788.

496 After the Convejition Rose.

etc. The successive convulsions, which happened at Rome,
were the immediate consequence of the aspiring ambition of
a few great men, and the very organization and construction
of the government itself. The republic of Venice, by the
progressive and almost imperceptible encroachments of the
nobles, has at length degenerated into an odious and per-
manent aristocracy. This we are convinced by indubitable
demonstration, will be the final consequence of the proposed
Federal Constitution; and because we prize the felicity and
freedom of our posterity equally with our own, we esteem it
our indispensable duty to oppose it with that determined re-
solution and spirit that becomes freemen. That fire for
liberty which was kindled in every patriotic breast during
the late glorious contention, though in a latent state, will be
easily rekindled; and upon the contact of a very spark will
devour by its direful explosion, not only the enemies of
liberty, but both parties promiscuously.

Discontent, indignation and revenge already begin to be
visible in every patriotic countenance; and civil discord
already raises her snakey head. And we are well convinced
that nothing less than a total recantation and annihilation of
the proposed aristocratic delusion will appease the insulted
and enraged defenders of liberty. If the lazy and great wish
to ride, they may lay it down as an indubitable position or
axiom, that the people of America will make very refractory
and restive hackneys. Although the designing and artful
Federalists have effected their scheme so far as to have the
constitution adopted in this State by surprise, notwithstand-
ing the people are pretty generally convinced of their delu-
sion, and little less than the lives of their betrayers will
satiate their revenge. Not even the authority of the clergy,
who seem generally to have been a set of men decidedly
opposed to popular freedom, can give sanction to such a
government. The people of America understand their rights
better than, by adopting such a constitution, to rivet the
fetters of slavery; or to sacrifice their liberty at the shrine of
aristocracy or arbitrary government. We, the subscribers,
are a society united for the express purpose of reciprocal or
mutual improvement; we meet once a week, and political

Minority of the State Conventiojt Thanked. 497

matters are frequently the subjects of litigation and debate.
We have read and endeavored fully to comprehend the pro-
posed federal constitution, and also the arguments for and
against it; and after mature deliberation, we unanimously
acquiesce with, and cordially thank you the minority in the
late State convention: First, for your patriotic and spirited
endeavors to support the drooping cause of liberty, and rights
of your constituents: Secondly, for your integrity and firm-
ness in stemming the torrent of popular clamor, insult and
flattery: Thirdly, for your unanswerable, solid, and well-
founded arguments and reason of dissent: Lastly, we rejoice
to think that your names will shine illustriously in the page
of history, and will be read with honor and grateful remem-
brance in the annals of fame; while the names of the majority
and their ignorant tools will be spurned and execrated by the
succeeding generations as the pillars of slavery, tyranny and
despotism.

James M'Cormick, James Bell,

David Boyd, Thomas Atchley,

William Gelson William Irvin,

James Irvin, William Douglass,

Andrew Irvin, John Walker,

William Carothers, senior, William Greason,
William Adams, David Walker,

William Carothers, junior, Jonathan Walker,
John Douglass, John Buchanan,

Archibald Hamilton, Francis M'Guire,

Joseph Junkin, John Armstrong,

John Clandinen, Benj. Junkin,

Thomas Henderson, John Carothers, junior,

Robert Bell, James Fleming,

John Junkin, Thomas Carothers. *

Carlisle, February 13.
An Address to the Minority of the late State Co7ivention —
From Unio7i Society.
Gentlemen : After the most mature and deliberate con-
sideration, we feel ourselves prompted by the most lively

*Independent Gazetteer, Jan. 9, 1788.
32

498 After the Convention Rose.

glow of gratitude, to tender yon our unfeigned address of
thanks for your able and spirited exertions in the late Con-
vention, in behalf of liberty and your country, and with un-
wearied assiduity struggling through fatigue and opposition,
in support of the unalienable rights of mankind, against the
iron hand of despotism, which is the concomitant of slavery
and oppression. Though baffled and disappointed in your
late glorious contest, in contending for the blessing of free-
dom— we congratulate you that the happy day is not far off
when your virtuous endeavors will illustriously shine in the
annals of fame, and immortalize your names in the historic
page. Believe it, gentlemen, as a truth, that it will redound
to your honor, whose lot it was to fall into an age that asserted
common liberty and the rights of your country, that you were
possessed of undaunted courage to give us some proofs of it in
this critical moment, a blessing which we wish with all our
souls may be perpetuated to posterity; for as to what concerns
ourselves, one day's experience is abundantly sufficient for
our comfort and instruction, both young and old. Those that
are in years will leave the world with less regret, when they
shall better understand the advantages that attend liberty;
and for those that are growing up, the very example will
inflame them with a virtuous emulation of treading in the
steps of their famous ancestors. Gentlemen, it is with great
respect we offer this tribute of our acknowledgments due to
your merits.

Signed by order of the Society,

James Sterritt, Secretary.*

An address of thanks from a nimiber of the inhabitants of the
borough of Carlisle^ to the minority of the late State Con-
vention in general^ and the representatives of Cumberland
county in particular.

Gentlemen: We return you our hearty thanks for the
magnanimous and spirited opposition which you made in the
late State Convention to that instrument of oppression, in-
justice and tyranny, which was then the subject of your

* Independent Gazetteer, Feb. 27, 1788.

Minority of the State Convention Thanked. 499

deliberations, viz. : The Proposed Constitution for the United
States.

We assure you that your conduct meets with our most
cordial approbation, and fully answers the expectation we
formed of you when we voted you to represent us. Although
we did not tie up your hands, by dictating to you how to
behave or what side to take, nor did we preclude you from
investigating its properties or discussing its principles in the
most ample manner, according to the dictates of your own
enlightened understanding, by extorting from you, previous
to your election or afterwards, any promises or engagements
to vote for or against the proposed plan. This would have
been treating you like machines or tools, and for such a pur-
pose as this parrots and magpies trained to prattle would have
answered the purpose much better than freemen. Neverthe-
less, gentlemen, the measures you have taken have fully jus-
tified the confidence we reposed in you, and come up to our
most sanguine wishes.

We, gentlemen, with you, deprecate the impending ruin,
and deplore the unhappy state of our dear country and inno-
cent posterity, should this engine of slavery ever be estab-
lished. We sincerely grieve to see the people of this State
plunge themselves into the jaws of destruction, and sacrifice
their dearest interests to gratify the ambition of a few selfish
despots. Yet we sorrow not as those who have no hope; we
are happy to find that a formidable opposition is made to it
in some of our sister States; we rejoice in the expectation of
your cogent arguments and spirited protest being disseminated
through America, and rousing multitudes from their supine
lethargy, and opening the eyes of others who are blinded with
prejudice, and misled by artful men; we comfort ourselves
with the hope that your example will animate such citizens
of our own State, whose generous souls recoil at the idea of
slavery, and who have not yet degenerated so far from their
original principles as to be content to live in fetters — to op-
pose it. We hope it is not yet too late, although the chains
are making they are not yet riveted on, and their Constitu-
tion is not yet "the supreme law of the land," and we flatter

500 After the Conveiition Rose.

ourselves it never will. When liberty was the grand ques-
tion, America combated an infinitely more formidable power
than the partisans of the proposed Constitution; when her
rights and privileges were invaded by one of the most puissant
monarchs on earth, she bravely resisted the attack, and
laughed at the shaking of their spear — she despised their
menaces and returned their threats with redoubled vengeance
on their own heads. Will her brave freeborn yeomen, then,
tamely submit to be circumvented or cajoled out of their
freedom and invaluable rights by a few petty domestic
tyrants? No, we are persuaded they never will.

It is, gentlemen, with the most agreeable surprise that we
behold a very few country farmers and mechanics nonplus
the great rabbis and doctors of the schools, who no doubt
summoned in all the rhetoric, logic, and sophistry they were
capable of on this occasion. We rejoice to see scholastic
learning and erudition fly before simple reason, plain truth
and common sense. But though you defeated them in argu-
ment, they exceeded you in numbers; however, should the
worst happen (which heaven avert) this will be your consola-
tion, that in the time of danger you exerted every effort to
prevent the calamity; you exonerated your consciences by a
faithful discharge of your duty; your names will descend to
posterity with admiration and esteem, when those of your
opponents will be loaded with infamy and execration : It will
be said, these were the Demosthenes' s, the Bruti, the Cato's
of America, when your antagonists will be classed with the
vilest tyrants that ever disgraced human nature. This will
be a sufficient compensation for all the outrage and insult you
have received from the senseless, ignorant rabble in Philadel-
phia, and the harsh rude treatment given you by such of the
aristocratical junto as were members of the Convention; so
that your reward is sure, suppose this Constitution should
even be adopted universally, which we are persuaded will
never be. The late glorious revolution is too recent in the
memory of American freemen, to suffer this. It may occa-
sion a small conflict, but the cause of liberty is worth con-
tending for, and we firmly believe there are yet numbers who

Petition from Franklin County. 501

will account it their highest honor to unite with you in the
glorious struggle. That the same spirit which actuated you
from the first appearance of this baneful instrument, may
predominate in the breast of every brave American, is, gen-
tlemen, the most ardent desire of your inflexible adherents. *
Signed by order of the meeting,

W11.UAM Brown, in the Chair.

George Logue, Clerk.

From the Carlisle Gazette.

Messrs. Kline and Reynolds : You will oblige a number of
your customers by inserting the following address in your
useful paper, and through it they ask the opportunity of
soliciting the concurrence of their fellow-citizens.
To the Honorable the Representatives of the Freemen of the

Commonwealth of Pennsylvania^ in General Assembly inet.

The petition of the subscribers, freemen of the county of
Franklin, most respectfully showeth : That your petitioners
are desirous that order and good government should prevail,
and that the Constitution of this State should not be sub-
verted nor altered in any other way than is therein provided.

That as the members of your honorable House are all sworn
or affirmed to do no act or thing prejudicial or injurious to
the Constitution or government as established by the Con-
vention, by whom the same was framed, they look up to you
as the guardians of the rights and liberties therein secured to
your petitioners, and pray that they may be protected therein.

That your petitioners are much alarmed at an instrument
called a Constitution for the United States of America,
framed by a Convention that had been appointed by several
of the States, solely for the purpose of revising the articles of
confederation, and to report such alterations and provisions
therein, as should, when agreed to in Congress and confirmed
by the several States, render the federal Constitution ade-
quate to the exigencies of government and the preservation
of the union, inasmuch as the liberties, lives and property
of your petitioners are not secured thereby.

* Independent Gazetteer, Feb. 14, 1788.

503 After the Convention Rose.

That the powers therein proposed to be granted to the gov-
ernment of the United States are too great, and that the pro-
posed distribution of these powers is dangerous and inimical
to liberty and equality amongst the people.

That they esteem frequent elections and rotation in offices
as the great bulwark of freedom.

That they conceive standing armies in time of peace are
dangerous to liberty, and that a well organized militia will
be the proper security for our defence.

That the rights of conscience should be secured to all men,
that none should be molested for his religion, and that none
should be compelled contrary to his principles or inclination
to hear or support the clergy of any one established religion.

That the liberty of the Press should not be insecure or in
danger.

That the right of trial by jury should be secured in civil as
well as in criminal cases.

That the government as proposed would be burthensome,
expensive and oppressive, and that your petitioners from pay-
ing taxes to support a numerous train of offices erected there-
by, which would be not only unnecessary but dangerous to
our liberties.

That your petitioners observe this proposed Constitution
hath not been approved of by the Congress of the United
States, as directed by the articles of their confederation.

That your petitioners conceive the majority of the deputies
of the General Convention, who have been appointed by the
State, have assumed to exercise powers with which they
were not delegated, that their conduct is reprehensible, and
that they should be brought to account for the same, as the
precedent is highly dangerous and subversive of all govern-
ment.

And your petitioners desire that the said proposed plan of
government may not be confirmed by the legislature of this
State, nor adopted in the said United States, and that the
delegates of Congress from this State be instructed for that
purpose.

And your petitioners as in duty bound shall ever pray.*
* Independent Gazetteer, Feb. 19, 17S8.

An Answer to Mr. Findley. 503

[The violence at Carlisle excited no comment and beyond
the limits of the county in which it occurred was soon for-
gotten. In Philadelphia the antifederalists became more
active than ever. To reprint all that was written is not nec-
essary; but the following selection of pieces both wise and
foolish may safely be taken as samples of the whole].

Mr. Oswald: I believe the leaders of the majority in our
convention did not publish their address and reasons of as-
sent on two accounts: First, because nearly one-half of their
number were obliged to vote according to their solemn en-
gagements and promises, (by which they were tied down
before their election,) and not according to their judgments;
therefore had not signed it.

Secondly, because when they found the address of the
minority so ably drawn up, and so well supported by un-
doubted facts and unanswerable arguments, they despaired
of their sophistical inflammatory address being of any service
to them, therefore they resolved still to avoid the field of argu-
ment, and to depend on their old aids, detraction, scandal,
and falsehoods.

However, I think they should have allowed their members
(whom they detained from Wednesday till Tuesday, to sign
and carry home their address) something towards extra ex-
penses in that time. I am yours, etc..

Uncle Tobey.*

Messrs. Dunlap and Claypoole: In answer to Mr, Findley's
declaration on the day of the ratification, of only one-sixth part
of the State of Pennsylvania having voted for the late conven-
tion, Colonel Hartley, or one of the federalists, observed that
this was a very unfair mode of determining the strength or
number of the friends of the new government — that the whole
of the State seldom voted upon any occasion, except in con-
tested elections, and that the reason why so few voted was
because in the city of Philadelphia, and in all the large and
populous counties, there was nearly a perfect unanimity upon
the subject of the new constitution. The speaker added,

* Independent Gazetteer, Dec. 19, 1787.

504 After the Convention Rose.

that the convention that framed the Constitution of Pennsyl-
vania was chosen only by about 6000 votes, and that the
members of the first legislature that sat under it were elected
by a little more than 1500 votes. A Bystander.*

Mr. Oswald: The conduct of our fellow-citizens on the late
glorious occasion, of solemnly proclaiming to the people the
ratification and adoption of the proposed new constitution, by
the convention of this State, does them no honor; for, not-
withstanding due notice having been given by our friends in
the convention and council, to the members of council,
judges, justices and other State officers, the faculty of the
University, militia officers, and citizens, of the order and
time of the procession; yet few of any of these attended; the
citizens and militia officers in particular were uncommonly
scarce — they should at least have given their countenance to
this very important business; it is not very unaccountable
that more officers of government did not come forth, but that
more of the professors, etc., in the University, the militia
officers, and citizens did not appear to celebrate this grand
affair which concerns them all so materially, is wonderful.

And the common people, I observed, were as inattentive as
the others; they did not seem to show any attention to a fine
little batteau (dressed off with colors) that was industriously
carried on a cart through some of the back streets, as an
emblem of our future commerce ; although the sailors, etc.
who conducted it, used all their generous endeavors to excite
admiration; they huzzaed at the corners, had the sweet music
of a fiddle, etc. I followed them many squares, and could
not find any but children with them. O strange behavior!
the people do not seem to know what grandeur is preparing
for them and their posterity.

But to come to the point, our friends, the majority, after
dining together, enjoyed much happiness in the pleasures of
the social bottle till late at night, when our worthy Chief
Justice, that great patron and protector of the press, was a
little affected by the working of small beer, and so retired.

* Pennsylvauia Packet, Dec. 25, 1787.

A Few Queries. 505

Some of the toasts that were drank were middling, but
most of them were not to the purpose; for we should now
forget our past national transactions, and it will be ridiculous
to give thirteen toasts hereafter, as we are all to be united
and bound together into one : for the same reason it was
wrong to fire thirteen guns — one great gun ought only to have
been fired: and we must immediately alter our flags and re-
move the thirteen stripes and stars, and in their places insert
the spread eagle or some other great monster, emblematical
of our future unison.

I think the conduct of our people in the majority in Con-
vention was from the beginning a true emblem of our future
unanimity and grandeur, they were from the first united in

and under J. W n. Esquire, without whose direction

nothing was done or said: in short, none of our party at-
tempted to argue except him, and he deserves much credit
for his industry and ingenuity on the occasion; to be sure, he
had the best right to defend it, for it was framed by him and
our worthy friend, Mr. G r M s, in the Federal Con-
vention. I think, Mr. Oswald, that if we had not put him
in our Convention, the business would have been lost; the
yellow whigs were so arch, and upon the whole, they both
deserve great promotion and the highest offices, I am sure
they shall have the vote of A Unitarian. *

A few queries humbly submitted to the consideration of the
people of Pennsylvania.

1. Was the recommendation of the late General Assembly
to choose a Convention for the purpose of adopting the new
Constitution, so binding upon the people, as that they were
necessarily and legally obliged to comply with it at the time
and in the manner then recommended? Or were not the
people still at liberty to act according to their own judgment
on this momentous question ?

2. As no more than about one-sixth part of the freemen of
this State have yet thought proper to appoint a convention for
the above purpose, can the act of this small minority, or of

* Independent Gazetteer, Dec. 21, 1787.

5o6 After the Conveiition Rose.

the men chosen by them, be, with any propriety, considered
as the act of the people of the State?

3. May not, therefore, the freemen of Pennsylvania, at any
time before the new Constitntion shall become the supreme
law of the land^ call a Convention by their own authority, to
consider of this proposed plan of government; and give them
power either to adopt, propose amendments to, or reject the
same, as they shall, upon due deliberation, judge most

December 24^ ijSy.
Mr. Oswald: Please to insert the following in your paper
and oblige, A Constant Reader.

From the New-Haven Gazette^ of Dec. 13, 1787.

ADVERTISEMENT.

Broke into the State of Connecticut on the evening of the
I2th ult,, a large overgrown creature, marked and branded
Centinel. She appears to be of Pennsylvania extraction,
and was lately in the keeping of J — L — , Esq., of New York,
from whence she escaped to this State. She is well pampered
for market, and at first was thought to be of great value, but
upon more minute examination she is found to be a decep-
tion— Cock's head and tail at first sight, but is soon discov-
ered to be lame in her fore feet. Nine hundred pounds
(her late maker's salary under the present Constitution) writ-
ten in small letters on her left hip, the hip which eminent
farmers conjecture will soon be put out of joint. She has a
large blaze in her forehead, in which is written in capitals,
Friends.^ Countrymeti and Fellow Citizens. She was consid-
erably galled 2ca.A fretted h^iox^ she left Pennsylvania, by the
lash of Mr. Wilson, which caused her to quit the place of her
nativity. She is well enough spread for the people of this
State, and they do not wish her to be spread any more, and
therefore if her original proprietor, or her late protector, will
take her away and pay charges, no questions will be asked;
if not before the first Thursday in January next, she will be

* Independent Gazetteer, Dec. 22, 17S7.

Mr. Wilson'' s Witticism. 507

re-shipped for New York to pay duties, as we are determined
not to winter her.

The advocates of the new system of government must be
very much exhausted in point of argument indeed, when they
have recourse to such wretched abuse as is contained in the
above advertisement. Unfortunately for this horrid scribbler,
the gentleman, at whom he has levelled his scurrility and
low ribaldry, is held in the highest estimation by his fellow-
citizens for his honor, integrity, and imshaken attachment to
the cause of liberty. And the name of the patriotic I^amb
of New York, ' ' will be sweet in the mouths " of a grateful
and applauding country, when those of his infamous politi-
cal adversaries, — the upstarts and mushroons of an hour, —
the totos and major tiffanies — the time-serving tools, the
Phocions and Publiuses of our day, — "will stink in the very
nostrils of posterity. ' ' *

From the Daily Patriotic Register.

How one story brings another to mind! Mr. Wilson's
witticism (in the Pennsylvania Convention) about Sternhold
and Hopkins's psalms, made me think of the following: A
man who was ridiculed for the shortness of his coat smartly
said, " It will be long enough before I get another." The
person who ridiculed him was pleased with the reply, and
treasured it up for the purpose of retailing it. He met with
an opportunity, and said, he had heard one of the wittiest
things lately that he ever met with. Upon being asked what

it was, he replied he had been laughing at because

his coat was so short; and told him it would be a long

time before he would get another. His friend observed that
he could not see any wit in it. "Why, really, nor I," said he,
' ' now ; but I remember it was a good story when I heard it. ' '
Mr, Wilson was equally unfortunate in retailing Sternhold
and Hopkins; for the two lines he quoted are not in that ver-
sion of the Psalms, nor I believe in any other.

Squib.*

* Independent Gazetteer, Dec, 27, 1787.

5o8 After the Conv edition Rose.

Mr. Oswald: As the publication of the debates of the late
Convention promised by Mr. Lloyd, does not appear, I beg
leave to present the public by anticipation with the new poli-
tical maxims which have been delivered in the course of their
speeches, by the members who spoke in support of the new
Constitution (for it is well known that what was said by the
members of the opposition is not worth recording). These
maxims which are the quintessejice of the arguments that have
been urged to prove the excellence of that new form of gov-
ernment, which has been sent down to us by God Almighty
from Mount Sinai^ or in other words of the new political
testament, I think ought to be published together, for the
honor of Pennsylvania, and of human nature.

Argus.

MAXIMS.

1. An aristocracy is the best government on earth, because
according to its etyjnology^ it is the government of the better
sort of people.

2. Whatever government is best administered is best^ be-
cause the form or species of a government, and its administra-
tion are the same things and consequently one good king can
make monarchy the best of all possible governments forever
— Therefore we must say with Pope^ who never was in the
wrong:

For forms of government let fools contest,
Whate'er is best administered is best.

3. Government is not founded on a compact between the
governors and the governed^ nor indeed on any compact or
contract\ its foundations axe power on the one hand, a^ndifeaf
on the other.

4. A plaft of government submitted to the consideration of
a popular convention, is like a hotise ready built, and ought
to be adopted or rejected iit toto, and it is not at all like the
plan of a house before it is built, which may be altered or
amended at pleasure; neither is it like a watch presented for
inspection to a skilful artist, who would naturally take it to
pieces, and examine every spjing separately^ before he gave
his opinion upon the whole.

Political Maxims.

509

5. Bills or declaration of the rights of the people^ are
always useless in a new Constitution, and are often dangerous
to liberty ; and this is very clear, because Virginia has no bill
of rights.

6. The liberty of the press is not at all endangered by the
new Constitution; first, because there is nothing said about
it; and second, because the judicial officers of Congress alone
will have the cognizance of libels against their government.

7. Trial by jury was never k7town in Sweden^ and there-
fore we ought not to have it in America,

8. It is not true that appeals are unknown to the common
law, because Blackstone has a chapter entitled ' ' Of proceed-
ings in the nature of appeals. ' '

9. Standing armies are always necessary in time of peace.

10. Congress ought to have an absolute command over the
militia of the United States, in order that their muskets may
be all of the same size.

11. We must not be afraid of trusting too much power to
our rulers, because we cannot suppose that they will be
demons of tyranny.

12. A government which doubles the number of public
officers, and which will require a standing army, must of
course lessen the taxes and national expenses.

13. A federal government and a consolidated government
are the same — unum et idem. *

Anecdote of Piiblius; who pants for a fat office imder the new
systeTn of governtnent.
A country relation of Publitcs^s calling to see him in New
York, at the time his i8th number appeared, the author in-
quired of him, what the people up in his part of the country
said of the Federalist; the other, not suspecting he was the
author of it, answered that he had read it, but heard little
said about it, as the attention of the people was so much
occupied on the subject of the New Constitution^ they had no
time or inclination to read any essay on Foreign Affairs, f

* Independent Gazetteer, Jan. 5, 1787.
t Independent Gazetteer, Jan. 5, 1787.

5IO After the Convejition Rose.

For the Pemisylvania Packet.

The New Roof.

The roof of a certain mansion house was observed to be in
a very bad condition, and insufficient for the purpose of pro-
tection from the inclemencies of the weather. This was
matter of surprise and speculation, as it was well known the
roof was not more than 12 years old, and therefore, its defects
could not be ascribed to a natural decay by time. Although
there were many different opinions as to the cause of this
deficiency, yet all agreed that the family could not sleep in
comfort or safety under it. It was at last determined to
appoint some skilful architects to survey and examine the
defective roof, to make report of its condition, and to point
out such alterations and repairs as might be found necessary.
These skilful architects, accordingly went into a thorough
examination of the faulty roof, and found

ist. That the whole frame was too weak.

2d. That there were indeed 13 rafters, but that these rafters
were not connected by any braces or ties, so as to form a
union of strength.

3d. That some of these rafters were thick and heavy, and
others very slight, and as the whole had been put together
whilst the timber was yet green, some had warped outwards,
and of course sustained an undue weight, whilst others warp-
ing inwards, had shrunk from bearing any weight at all.

4th. That the lathing and shingling had not been secured
with iron nails, but only wooden pegs, which, shrinking and
swelling by successions of wet and dry weather, had left the
shingles so loose, that many of them had been blown away
by the winds, and that before long the whole would proba-
bly, in like manner, be blown away.

5th. That the cornice was so ill proportioned, and so badly
put up, as to be neither of use, nor an ornament. And

6th. That the roof was so flat as to admit the most idle
servants in the family, their playmates and acquaintance, to
trample on and abuse it.

Having made these observations, these judicious architects
gave it as their opinion, that it would be altogether vain and

The New Roof. 511

fruitless to attempt any alterations or amendments in a roof
so defective in all points; and therefore proposed to have it
entirely removed, and that a new roof of a better construction
should be erected over the mansion house. And they also
prepared and offered a drawing or plan of a new roof, such as
they thought most excellent for security, duration and orna-
ment. In forming this plan they consulted the most cele-
brated authors in ancient and modern architecture, and
brought into their plan the most approved parts, according to
their judgments, selected from the models before them; and
finally endeavored to proportion the whole to the size of the
building, and strength of the walls.

This proposal of a new roof, it may well be supposed,
became the principal subject of conversation in the family,
and the opinions upon it were various, according to the judg-
ment, interest, or ignorance of the disputants.

On a certain day the servants of the family had assembled
in the great hall to discuss this important point. Amongst
these was James the architect, who had been one of the sur-
veyors of the old roof, and had a principal hand in forming
the plan of a new one. A great number of the tenants had
also gathered out of doors and crowded the windows and
avenues to the hall, which were left open that they might
hear the arguments for and against the new roof.

Now there was an old woman known by the name of
Margery, who had got a comfortable apartment in the
mansion house. This woman was of an intriguing spirit, of
a restless and inveterate temper, fond of tattle, and a great
mischief maker. In this situation, and with these talents,
she unavoidably acquired an influence in the family, by the
exercise of which, according to her natural propensity, she
had long kept the house in confusion, and sown discord and
discontent amongst the servants. Margery was, for many
reasons, an irreconcilable enemy to the new roof, and to the
architects who had planned it; amongst these, two reasons
were very obvious — ist. The mantle piece on which her cups
and platters were placed was made of a portion of the great
cornice, and she boiled her pot with the shingles that blew

512 After the Convention Rose.

off from the defective roof: And adly, It so happened that in
the constrnction of the new roof, her apartment would be
considerably lessened. No sooner, therefore, did she hear
of the plan proposed by the architects, but she put on her old
red cloak and was day and night trudging amongst the
tenants and servants, and crying out against the new roof
and the framers of it. Amongst these she had selected Wil-
liam, Jack and Robert, three of the tenants, and instigated
them to oppose the plan in agitation — she caused them to be
sent to the great hall on the day of debate, and furnished
them with innumerable alarms and fears, cunning arguments
and specious objections.

Now the principal arguments and objections with which
Margery had instructed William, Jack and Robert, were:

ist. That the architects had not exhibited a bill of scant-
ling for the new roof as they ought to have done; and there-
fore the carpenters, under pretence of providing timber for it,
might lay waste whole forests to the ruin of the farm.

2d. That no provision was made in the plan for a trap
door for the servants to pass through with water, if the chim-
ney should take fire, and that in case of such an accident, it
might hereafter be deemed penal to break a hole in the roof
for access to save the whole building from destruction.

3d. That this roof was to be guarded by battlements,
which in stormy seasons would prove dangerous to the family,
as the bricks might be blown down and fall on their heads.

4th. It was observed that the old roof was ornamented with
twelve pedestals ranged along the ridge, which were objects
of universal admiration; whereas, according to the new plan,
these pedestals were only to be placed along the eaves of the
roof, over the walls, and that a cupola was to supply their
place on the ridge or summit of the new roof. As to the
cupola itself, some of the objectors said it was too heavy and
would become a dangerous burthen to the building, whilst
others alledged that it was too light and would certainly be
blown away by the wind.

5th. It was insisted that the thirteen rafters being so
strongly braced together, the individual and separate strength

''The New Roof:' 513

of each rafter would be lost in the compounded and united
strength of the whole ; and so the roof might be considered as
one solid mass of timber, and not as composed of distinct
rafters like the old roof.

6th. That according to the proposed plan, the several parts
of the roof were so framed as to mutually strengthen and
support each other, and therefore there was great reason to
fear that the whole might stand independent of the walls;
and that in time the walls might crumble away and the roof
remain suspended in air, threatening destruction to all that
should come under it.

To these objections, James the architect, in substance, re-
plied :

ist. As to the want of a bill of scantling, he observed,
that if the timber for this roof was to be purchased from a
stranger, it would have been quite necessary to have such a
bill, lest the stranger should charge in account more than he
was entitled to, but as the timber was to be cut from our own
lands a bill of scantling was both useless and improper — of
no use, because the wood always was and always would be
the property of the family, whether growing in the forest, or
fabricated into a roof for the mansion house — and improper,
because the carpenters would be bound by the bill of scant-
ling, which, if it should not be perfectly accurate — a circum-
stance hardly to be expected — either the roof would be defec-
tive for want of sufficient materials, or the carpenters must
cut from the forest without authority, which is penal by the
laws of the house.

To the second objection he said that a trap door was not
properly a part in the frame of a roof, but there could be no
doubt but that the carpenters would take care to have such a
door through the shingling, for the family to carry water
through, dirty or clean, to extinguish fire either in the chim-
ney or on the roof, and that this was the only proper way of
making such a door.

3d. As to the battlements, he insisted that they were abso-
lutely necessary for the protection of the whole house, ist.
In case of an attack by robbers, the family would defend
33

514 After the Convention Rose.

themselves behind these battlements, and annoy and dis-
perse the enemy. 2dly. If any of the adjoining buildings
should take fire, the battlements would screen the roof from
the destructive flames; and 3dly. They would retain the
rafters in their respective places in case any of them should
from rottenness or warping be in danger of falling from the
general union, and injuring other parts of the roof; observing
that the battlements should always be ready for these pur-
poses, as there would be neither ^time nor opportunity for
building them after an assault was actually made, or a confla-
gration begun. As to the bricks being blown down, he said
the whole was in the power of the family to repair or remove
any loose or dangerous parts, and there could be no doubt
but that their vigilance would at all times be sufficient to pre-
vent accidents of this kind.

4th. With respect to the twelve pedestals, he acknowledged
their use and elegance; but observed that these, like all other
things, were only so in their proper places, and under cir-
cumstances suited to their nature and design, and insisted
that the ridge of a roof was not the place for pedestals, which
should rest on the solid wall, being made of the same mate-
rials and ought in propriety to be considered as so many pro-
jections or continuations of the wall itself, and not as com-
ponent parts of the wooden roof. As to the cupola, he said
that all agreed there should be one of some kind or other, as
well for a proper finish to the building, as for the purposes of
indicating the winds and containing a bell to sound an alarm
in cases of necessity. The objections to the present cupola,
he said, were too contradictory to merit a reply.

To the fifth objection he answered, that the intention really
was to make a firm and substantial roof by uniting the
strength of the thirteen rafters; and that this was so far from
annihilating the several rafters and rendering them of no use
individually, that it was manifest from a bare inspection of
the plan, that the strength of each contributed to the strength
of the whole, and that the existence of each and all was
essentially necessary to the existence of the whole fabric as
a roof.

''The New Roof:' 515

Lastly, he said that the roof was indeed so framed that the
parts should mutually support and check each other, but it
was most absurd and contrary to the known laws of nature,
to infer from thence that the whole frame should stand self-
supported in air, for however its component parts might be
combined with respect to each other, the whole must neces-
sarily rest upon and be supported by the walls. That the
walls might indeed stand for a few years in a ruinous and un-
inhabitable condition without any roof, but the roof could not
for a moment stand without the support of the walls; and
finally, that of all dangers and apprehensions, this of the
roof's remaining when the walls are gone was the most ab-
surd and impossible.

It was mentioned before that, whilst this debate was car-
rying on in the great hall, the windows and doors were
crowded with attendants. Amongst these was a half crazy
fellow who was suffered to go at large because he was a harm-
less lunatic. Margery, however, thought he might be a ser-
viceable engine in promoting opposition to the new roof As
people of deranged understandings are easily irritated, she
exasperated this poor fellow against the architects, and filled
him with the most terrible apprehensions from the new roof,
making him believe that the architects had provided a dark
hole in the garret, where he was to be chained for life. Hav-
ing by these suggestions filled him with rage and terror, she
let him loose among the crowd, where he roared and bawled
to the annoyance of all by-standers. This circumstance
would not have been mentioned but for the opportunity of
exhibiting the style and manner in which a deranged and ir-
ritated mind will express itself — one of his rhapsodies shall
conclude this narrative:

"The new roof! the new roof ! Oh! the new roof! Shall
demagogues, despising every sense of order and decency,
frame a new roof? If such bare-faced presumption, arro-
gance and tyrannical proceedings will not rouse you, the
goad and the whip — the goad and the whip should do it ; but
you are careless and insecure sinners, whom neither admoni-
tions, entreaties nor threatenings can reclaim — sinners con-

5i6 After the Convention Rose.

signed to unutterable and endless woe. Where Is that pusil-
lanimous wretch who can submit to such contumely — oh! the
ultima Ratio Regium! [He got these three Latin words from
Margery.] Oh! the ultima Ratio Regium! Ah! the days of
Nero! ah! the days of Caligula! ah! the British tyrant and
his infernal junto — glorious revolution — awful crisis — self-
important nabobs — diabolical plots and secret machinations —
oh! the architects! the architects — they have seized the gov-
ernment, secured power, brow-beat with insolence and as-
sume majesty — oh! the architects! they will treat you as con-
quered slaves, they will make you pass under the yoke, and
leave their gluttony and riot to attend the pleasing sport —
oh! that the glory of the Lord may be made perfect — that he
would show strength with his arm and scatter the proud in
the imaginations of their hearts — blow the trumpet — sound
an alarm ! I will cry day and night — behold, is not this my
number five — attend to my words, ye women laboring of
child — ye sick persons and young children — behold — behold
the lurking places, the despots, the infernal designs — lust of
dominion and conspiracies — from battle and murder and from
sudden death, good Lord deliver us.

"Figure to yourselves, my good fellows, a man with a cow
and a horse — oh the battlements, the battlements, they will
fall upon his cow, they will fall upon his horse, and wound
them, and bruise them, and kill them, and the poor man will
perish with hunger. Do I exaggerate? — no truly — Europe
and Asia and Indostan, deny it if you can — oh God! what a
monster is man! — A being possessed of knowledge, reason,
judgment and an immortal soul — what a monster is man!
But the architects are said to be men of skill — then the more
their shame — curse on the villains! — they are despots, syco-
phants, Jesuits, tories, lawyers — curse on the villains! We
beseech thee to hear us — Lord have mercy on us — Oh! — Ah!
—Ah!— Oh!" *

[The author of The New Roof was Francis Hopkinson.
This the anti-federalists quickly discovered, and set upon
him savagely. These pieces contain nothing but personal
abuse, and are therefore not inserted.]

* Pennsylvania Packet, Dec. 29, 1787.

Receipt for a County Meeting. 517

Mr. Oswald: At this important crisis, when the sanction
of the people is much wanted to the proceedings of our Con-
vention, you will please insert the following recipe for mak-
ing a county meeting; which upon trial,* I have found to be
the best yet used in Pennsylvania, for the purpose of taking
the sense of a county and obtaining their sanction to any
measure. I am, etc., GouvERO.

Draw up a set of resolves, enclose them, and (if you have
any thing to do with a bank) a five-dollar note, in a letter to
a partisan in the county (who must be promised an office,
etc.), with the following directions to him, viz: Call on
some few of your trusty friends and companions, and proceed
as quietly as possible to some one of the little towns (the
more out of the way the better), get all the townsmen you can
into a tavern, and after laying out the five-dollar note in
grog, beer, etc., and you are all grown cheerful, place a hero
in the chair, who, after reading the resolves, must order those
who do not dislike them to hold up their hands, and of course
{nemine cojitradicente) let them sign them as the unanimous
resolve of a meeting of sundry respectable (not disorderly)

inhabitants of the county of , etc., but care must be

taken that no stir be made during the time; ten or twelve
persons will be sufficient for a meeting, sooner than make a
stir about more; and the company must separate as soon as
may be, as the farmers may hear of the meeting and give you
interruption; but by all means avoid firing any cannon, as
the reports will bring in and conjure up the antifederalists,
etc., which may be attended with dangerous consequences. f

Mr. Printer: I think it my duty to inform the public, that
the aristocrats held an extraordinary meeting, in conse-
quence of a special convocation on Friday evening last, at the
house of Mr. Epple, at the sign of the Rainbow. This as-
sembly, which clearly proclaims their fears of the present
spirit of the people, was not so numerous as was expected by

* Pittsburgh, Carlisle, and Easton.
t Independent Gazette, Jan. 10, 1788.

5i8 After the Convention Rose.

the chieftains. A great number of the persons invited did
not attend, and one-fourth at least of those who attended,
went there without any invitation. Mr. George Clymer was
appointed chairman, and the meeting being organized, Mr.
Wilson rose, and made a long pathetic speech, in which he
observed that the Democratic party (to which to be sure he
gave another name) was daily increasing in consequence of
the publications which issued constantly from the press
against the proposed constitution ; that the aristocrats (to
whom also he gave another denomination) had visibly re-
laxed of late in their efforts to complete the glorious work
they had undertaken. That the press ought to be kept
groaning with pieces, paragraphs, anecdotes, and skits of all
kinds in favor of the new form of government. That as the
publishing and circulating those pieces would be productive
of some expense, they had been called together to consult on
the propriety of raising money by subscription to defray
those charges. In consequence he moved that committees
might be appointed in the different wards of the city, to wait
on the aristocrats and their dependents, and collect subscrip-
tions among them, which motion was carried in the affirma-
tive, and committees were consequently appointed.

The public will now no longer be at a loss to discover the
origin of those numerous paragraphs, anecdotes, innuendos
and falsehoods, which have begun to flow afresh with greater
rapidity from the press; it was necessary to inform them of
the means by which the aristocrats intend to carry their mon-
strous plan into execution, and of the effect which the present
disposition of the people has begun to have upon them.*

Tom Peep.

Mr. Oswald: Your correspondent, Tom Peep, who has
undertaken to give you an account of the proceedings of the
aristocratic meeting at Bpple's, has not been quite so partic-
ular as I could have wished. He mentions generally that on
motion of Mr. Wilson, a committee was appointed to collect

*Iudepeudent Gazetteer, Jan. lo, 17S8.

Money for Fedefal Essays. 519

subscriptions in the different wards of the city, for the pur-
pose of defraying the expense of printing pieces in favor of
the new constitution. But it seems to me from other circum-
stances not mentioned by your correspondent, that printing
and publishing are not the only uses for which the money is
intended. The fact is, that a member of the above meeting,
informed the aristocrats met, that 75/. had already been ex-
pended for the public service, and that a much larger sum
was now wanted, which was no less than Two thousand
pounds! It was accordingly agreed by the meeting to raise
that sum by subscription, upon which 131/. were subscribed
immediately on the spot, and committees were appointed to
collect the remainder.

Now, Mr. Oswald, it appears to me very proper, that the
public should inquire into the nature of those services which
require such a large sum as 2000/. In my opinion, it can
be no other than that great engine of gouveronian politics,
bribery. Such a circumstance seems truly alarming, and
will, I hope, convince the people of the necessity of opposing
in the bud so dreadful a combination of the rich and well-
born against the liberties of the nation. The means which
they employ loudly proclaim their design, and loudly call
for a speedy, manly, and spirited opposition from the free-
born part of the community.* Peep, Junior.

Mr. Oswald, I blush for human nature; I tremble for the
happiness of the United States, when I read such gross and
shocking misrepresentation as that published in your paper
of this day, under the signature of Peep, Junior. He says
that two thousand pounds were mentioned by a person at
that meeting, as necessary to be raised, and that 131/. was sub-
scribed on the spot. Now I was present the whole time, and
must and can declare both assertions to be absolutely untrue.
Oh, my fellow citizens of Pennsylvania and of the union at
large, how much are you abused by that wretched scribbler!
how much is the inestimable privilege of a free press abused
to alarm you with false and wanton charges of bribery, con-

* Independent Gazetteer, Jan. 14, 1788.

520 After the Convention Rose.

spiracy, and every thing that is fearful! Think for your-
selves, and cast away far from you all the suggestions and
doctrines of men of such dreadful dispositions. *

A Freeman.
January 12, 1788.

To the People of America :

The subject now before you, like all other important mat-
ters, has excited much passion, and created innumerable mis-
representations. Two writers in the Philadelphia papers
have most unwarrantably asserted, that the Quakers of this
state are opposed to the proposed federal constitution. That
numerous and wealthy society are certainly more universally
in favor of it than any other society in this state. It is one
of their known principles not to be much concerned in the
alterations of governments; wherefore one would naturally
suppose it would be difficult to adduce instances to prove
their sentiments on the present occasion. It is, however, not
impossible, as will be found from the four following facts:

ist. When the last assembly determined to call a conven-
tion, there were seven Quakers members of the House; all of
whom attended and voted for the call of a convention, though
nineteen members opposed it, and urged that it would be bet-
ter to leave it to the next House, then soon to be chosen.

2d. When some of the members absented themselves the
next day, in order to prevent the days of election and meet-
ing of the convention from being fixed by that House of As-
sembly, the seven Quakers duly attended, and all voted with
the majority on the several points that were moved as neces-
sary to arrange and prepare for the business of the convention.

3d. Eight Quakers were chosen members of the State con-
vention, and all took their seats. They all voted against
postponing the final determination on the constitution till the
spring, which was attempted by the minority.

4th. The same eight Quakers all voted for the adoption of
the proposed federal constitution in toto, and for the grant to
Congress of the jurisdiction of ten miles square within this
commonwealth for the seat of the federal government.
* Independent Gazetteer, Jan. 15, 1788.

Objections of Randolph^ Mason^ and Gerry. 521

If the Quakers were really opposed to the new constitution,
they could have made up many times the number of votes
that were given in at the election of members of convention
in this city for the candidates who wished to alter the pro-
posed federal form of government. The votes ran variously
from 230 to 270 for the different persons of that description.
The name of Dr. Franklin, whom the Quakers venerate, was
put into the unsuccessful ticket, I am persuaded, without his
permission. This the Quakers were convinced of, and not
approving of the rest of the men, or approving of the suc-
cessful members, the ticket of the antifederalists, as is evident
from the number of votes, received neither their countenance
nor support. * Undeniabi^e Facts.

Philadelphia, January 14.

To the People of the United States :

When we observe how much the several gentlemen of the
late convention, who declined to sign the federal constitution,
differ in their ground of opposition, we must see how improb-
able it is that another convention would unite in any plan.
Colonel Mason and Mr. Gerry complain of the want of a bill
of rights : Governor Randolph does not even mention it as
desirable, much less as necessary. Colonel Mason objects to
the powers of Congress to raise an army ; Governor Randolph
and Mr. Gerry make no objections on this point, but the
former seems to think a militia an inconvenient and uncer-
tain dependence, which is contrary to our opinions in Penn-
sylvania. Mr. Randolph gives up the objection against the
power of Congress to regulate trade by a majority ; Mr.
Mason complains of this, and says the objection is insupera-
ble ; Mr. Gerry does not say one word against it. Mr. Ran-
dolph wishes the president ineligible after a given number of
years ; Mr. Mason and Mr. Gerry do not make this one of
their objections. Mr. Randolph objects to ambiguities of ex-
pression; Mr. Mason does not. Colonel Mason objects to the
slave trade on the principles of policy merely; Mr. Gerry and
Mr. Randolph make no such objection. Mr. Mason objects

* Independent Gazetteer, Jan. 15, 1788.

522 After the Convention Rose.

to the power of the president to pardon for treason; Mr.
Gerry makes no such objection, and Mr. Randolph wishes
only that the offender may be convicted before the president
shall have power to pardon! This appears to be a legal sole-
cism. Mr. Randolph objects to the power of Congress to de-
termine their wages (the privilege of every legislature in the
Union); but Mr. Gerry and Colonel Mason do not object to
this power. Mr. Randolph objects to the president's power
of appointing the judges ; Mr. Gerry and Colonel Mason do
not. Mr. Gerry says the people have no security for the right
of election; Colonel Mason and Mr. Randolph do not make
this objection. Mr. Gerry and Mr. Mason think the repre-
sentation not duly provided for; Mr. Randolph expresses no
such idea. Mr. Mason objects to the want of security for the
common law, to the power of the Senate to alter money bills,
to originate applications of money, to regulate the officers'
salaries, to the want of a privy council, to the vice-president,
to the want of a clause concerning the press, and to the want
of power in the States to lay imposts on exports, not one of
which are stated as objections by Mr. Randolph or Mr. Gerry.
Mr. Randolph objects to the want of a proper court of im-
peachment for Senators (though the State courts of impeach-
ment can always take cognizance of them); Mr. Gerry and
Colonel Mason do not hold this exceptionable. Colonel
Mason objects to the States or Congress being restrained
from passing ex post facto laws; Mr. Randolph and Mr.
Gerry do not.

The minority of the Pennsylvania convention, on the other
hand, differ from all these gentlemen. They say the defects
of the old confederation were not discovered till after the
peace, while Mr. Randolph says the short period between the
ratification of the old constitution and the peace was distin-
guished by melancholy testimonies of its defects and faults.

The minority object because some of the persons appointed
by Pennsylvania have disapproved of our State constitution,
which differs from those of eleven States in the Union in the
want of a division of the legislature, and in having nineteen
persons to execute the office of governor, whose number will

Objeclwns of Randolph^ Mason^ and Gerry. 523

be increased by the addition of one more for every new
county.

The minority object to the latitude taken by the conven-
tion. We find no such objection made by Mr. Randolph, Mr.
Gerry, or Colonel Mason. Mr. Gerry says in his letter, it
was necessary, and Mr. Mason insisted strongly in the house,
that the convention could not do their business, unless they
considered and recommended everything that concerned the
interests of the United States, though the strict letter of their
powers was supposed by some not to extend so far. The
minority say religious liberty is not duly secured, which is
omitted as an objection by all of the three gentlemen above
named. The right of the people to fish, fowl and hunt, the
freedom of speech, provision against disarming the people, a
declaration of the subordination of the military to the civil
power, annual elections of the representatives, and the organ-
ization and call of the militia, are considered by the minority
of our convention as on an exceptionable footing; but none
of these are even mentioned by Governor Randolph, Mr. Ma-
son or Mr. Gerry.

The minority desire a declaration that such powers as are
not expressly given shall be considered as retained; Mr. Ran-
dolph thinks this unnecessary, for that the States retain
everything they do not grant; Mr. Gerry is silent on this
head. The minority desire a constitutional council for the
president; Mr. Gerry and Mr. Randolph do not. The minor-
ity except against powers to erect a court of equity being
vested in the federal government, to which neither of the
above gentlemen express any dislike. The minority desire a
bill of rights, and object to the smallness of the representa-
tion, which Mr. Randolph does not. Theypbject to the term
of duration of the legislature, which none of the above gen-
tlemen find fault with. Nor does the account of particulars
end here. The objections severally made by the three honor-
able gentlemen, and the Pennsylvania minority are so differ-
ent and even discordant in their essential principles, that all
hope of greater unanimity of opinion either in another con-
vention or in the people must be given up by those who know

524 After the Convention Rose.

the human heart and mind, with their infinitely varying feel-
ings and ideas. Philanthropos.
January 15, T788.*

Mr. Printer: Our two celebrated sowers of sedition, Centinel
and Philadelphiensis ^ the one in Mr. Oswald's, the other in
Mr. Bailey's paper of this day, exhibit a striking proof of
what falsehoods disappointed ambition is capable of using to
impose upon the public. The real patriot, sir, is the watch-
ful guardian of the people's liberties. The designing incen-
diary, well aware of the reception his base undertakings
would meet with from an injured and insulted people, is
obliged to assume the appearance of the real patriot, and
fully pretend himself a friend to his country; but his infamous
designs will still appear through his hypocritical mask; for
truth being unfit for his purpose, he will be obliged to have
recourse to falsehood; and this is the best criterion for dis-
tinguishing between the mock and the real patriot — the dis-
guised enemy and the open friend of liberty.

What, sir, has been the conduct of the two incendiaries
above-mentioned? The one in a series of 12, the other in a
series of 8 performances, which for the sophistry of their
reasoning, and falsity of their assertions, are unparalleled in
ancient or modern times, have disgraced the enlightened capi-
tal of Pennsylvania.

These hireling writers and hackneyed drudges of tottering
power, jealous of the rising greatness of America, and con-
vinced of the unstable ground on which they stand, have
dared, Sempronius-like, to bellow out for that country, the
happiness of which they fear will be their downfall. They
have told the public that the proprietor of the Pennsylvania
Herald has dismissed his editor, and that some of the sub-
scribers to that paper have withdrawn their subscriptions —
for, what more is expressed by all the high-sounding, inflam-
matory bombast they have bellowed forth? What inference
do they attempt to draw from these positions? That the
conspirators, as they are pleased to term the federal citizens

* Independent Gazetteer, Jan, 16, 1788.

' ' Great Names. ' ' 525

of Pennsylvania, are endeavoring to destroy the liberty of the
press — for shame! ye illustrious citizens, who have braved
every danger of establishing the freedom of your country,
are you thus to be traduced and slandered with impunity ?
If the proprietor of a paper dismisses his editor, must your
patriotism be called in question, by the villainous enemies of
America! If some of you wish no longer to contribute to the
support of a newspaper, (which, instead of debates in the
convention of Pennsylvania, has contained the most glaring
falsehoods, and the grossest misrepresentations which its edi-
tor was capable of inventing,) must you, in consequence of
this, be branded with infamy, as enemies to the freedom of
the press? If you must, I confess printers of newspapers
have an exclusive privilege, enjoyed by no other set of men
upon earth, of making the public pay them for what they
neither wish to purchase nor to read. A Real Patriot.
23d January, 1788.*

Mr, Oswald : The admirers of the new constitution are con-
tinually blazing away on the great names which are said to
be in favor of the system ; but it is hoped that the good sense
of the people of these states is not to be deceived by such
flimsy arguments. If great names were to be the test of
truth, it would frequently make sad work in religion, phi-
losophy and politics. The Divine Oracles assert that great
men are not always wise, and the history of the world demon-
strates there is no perfection in human beings. What so
delusive and fascinating in its nature as power? Nothing
more apt to prejudice and mislead our minds, and to render
our conduct and temper inconsistent. Where ambition may
be concerned, an Archangel is not to be trusted.

As these premises are true, I could wish there would be no
more attempts to delude the people with the authority of
names; for, if the favorers of the new leviathan persist in
such a mode of reasoning, it will become necessary to inves-
tigate the characters of those who are thus held up as the
greatest patriarchs to the admiration of the public. It has

* Independent Gazetteer, Jan. 28, 1788.

526 After the Convention Rose.

been observed, too, that those paragraphists do not always
adhere to truth, as may be seen in some of our late prints,
where it is said, that " the same characters which took the
lead in each of the states, in the struggle for liberty, in the
glorious years of 1775 and 1776, now take the lead in their
exertions to establish the federal government."

Amongst the great names, Few, Telfair and Baldwin are
mentioned as leading characters at this early period in
Georgia. Now it is well known that Mr. Few was originally
a bricklayer in North Carolina, removed to Georgia, and but
lately of any consideration in public life. As to Telfair, he
with Doctor Zubly and many others, was taken up and put
in confinement by order of the governor of that state, in the
year 1776, being deemed as inimical to the American cause.

Mr. Baldwin's political existence is of much later date.
On Sunday, 24th December, 1780, I happened to be at
Nassau Hall, Princeton, and heard Mr. Baldwin pray and
read a sermon there, for want of a parson, the Reverend Mr.
S being at Philadelphia. At that time he was un-
known in the great world, and acted as college steward.
There are some others among the great names that have been
given us, who are not to be met with in the annals of 1775
and 1776, and who have no pretensions to be considered as
leaders at this or any other period; neither did they endure
any more "cold, hunger and nakedness," than ten thousand
besides of their fellow citizens. It has long been an expen-
sive folly of America to admire great names, and to make great
men; hence it is that we have been sending commissioners,
ambassadors, agents, etc., etc., to London, Paris, Madrid,
Petersburgh, Amsterdam, and even to the Grand Duke of
Tuscany, to borrow money and to spend it; and we want to
repeat the same follies, though it is evident as the meridian
glory of the sun, that nothing can save America but the
weaning ourselves from European attachments. *

An Old American.

Philadelphia, February 8, 1788.

* Independent Gazetteer, Feb. 11, 1788.

'''' Antifederal Lies^ 537

Mr. Oswald : As the times are bad, and I am out of work,
I have more leisure than I used to have to read news-
papers. In reading your paper of this day, I observe a scrib-
bler, who calls himself An Old American, attempts to dero-
gate from the consequence of the worthy delegates from
Georgia in the late Federal Convention. I have no knowl-
edge of these gentlemen, except from character, but by their
works I conclude they are honest patriots. He particularly
affects to despise the Honorable Mr. Few, saying he was a
bricklayer. But tell this antifederal tool (a secret which he
does not seem to know) that virtue alone ennobles human
nature; and that an honest mechanic who serves his country
faithfully is as well deserving of her favor as another. Tell
him also, that if we judge of Mr. Few's mechanical by his
political bricklaying, we shall think him an excellent artist,
for he has helped to build a noble mansion for the residence
of American liberty. A Bricklayer.

February nth.*

Mr. Oswald: Having sometimes met in English newspapers
with articles entitled "Bankruptcies this week," "Casualties
this week," etc., etc., I once intended to publish in your
Gazetteer, being a customer, a periodical list, in like manner,
of all the falsehoods uttered in print by the Centinel, Phila-
delphiensis, and their associates, under the title of Antifed-
eral lies this week, believing that if every lie was to be
punished by clipping, as in the case of other forgeries, not
an ear would be left amongst the whole party. From this
undertaking, however, I was deterred on reflecting that in
order to get at the said lies, the eye not being particularly
solicited to them by italics, which would have saved an
abundance of trouble, and which I therefore recommend to
their future practice, I must at least have been under the
necessity generally of going through a prodigious mass of
heavy arguments and dull invective — a labor of most dread-
ful discouragement! Had the Old American^ who certainly
is young in the art of political lying, but been so prudent
* Independent Gazetter, Feb. 15, 1788.

528 After the Conveiition Rose.

as to mix up his falsified facts in a great bundle of other
villainous ingredients, after the example of some of his
brethren of long-winded memory, they would probably have
passed off unnoticed, but I have to thank him for making his
whoppers the single subject of the piece, and thus by express-
ing the whole, make it impossible for them to escape even
the slightest glance.

His subject is three gentlemen of Georgia — Mr. Few he
affirms to have been but of little account until late — but this
gentleman was in Congress as long ago at least as the year
1781. Mr. Telfair (who by the bye was not in the federal
convention) was it seems an enemy to his country in 1776.
How is this reconcilable with the confidence reposed in him
by his country so soon after, and in more trying and dangerous
times? for we find Mr. Telfair's name to the first articles of
confederation, in July, 1778. But the boldest whopper of all is
what relates to Mr. Baldwin — who, says the writer, on Sun-
day, the 24th December, in the year of our Lord, 1780, occa-
sionally read public prayers at Princeton College, being then
the steward of the college. Now it is known to twenty lads
here who have resided at that college, that Baldwin, the
steward, had been a farmer in the neighborhood, and that he
since removed to New York, where he at present keeps a
boarding-house.

But if it be the general purpose to charge the new system
upon the well born, why endeavor to show that Mr. Few was
once a bricklayer, for which, indeed, we have only this Old
American's blasted word. Indeed, on this subject of incon-
sistency I am surprised, considering how few are the antifed-
eral writers, though the signatures be many, that they do not
oftener lay their loggerheads together — this would at least
save them from many contradictions, than which nothing
can be more disreputable to a party — for instance, with respect
to the conspiracy carrying on against B — n and Co., while
the Centinel asserts that its authors are the powerful and the
wealthy, Philadelphiensis affirms them to be men of no
consideration and of desperate fortunes. * Gomes.

*Indepeudeut Gazetteer, Feb. 16, 1788.

Charges Against the Post- Office. 529

ON THE NEW CONSTITUTION.

In evil hours his pen 'Squire Adams drew,
Claiming dominion to his well-born few:
In the gay circle of St. James's placed,
He wrote, and, writing, has his work disgraced.
Smit with the splendor of a British King,
The crown prevailed, so once despised a thing !
Shelburne and Pitt approved of all he wrote,
While Rush and Wilson echo back his note.

Tho' British armies could not here prevail,
Yet British politics shall turn the scale ;
In five short years of Freedom weary grown,.
We quit our plain republics for a throne ;
Congress and President full proof shall bring
A mere disguise for Parliament and King.

A standing army! — hence the plan so base ;
A despot's safety — liberty's disgrace.
Who sav'd these realms from Britain's bloody hand.
Who but the generous rustics of the land ?
That free-born race, inured to every toil,
Who tame the ocean and subdue the soil,
Who tyrants banished from this injured shore,
Domestic traitors may expel once more.

Ye who have bled in Freedom's sacred cause,
Ah, why desert her maxims and her laws ?
When thirteen states are mouldered into one,
Your rights are vanished, and your honors gone
The form of Freedom shall alone remain.
As Rome had senates when she hugged the chain.
Sent to revise your systems — not to change —
Sages have done what reason deems most strange :
Some alterations in our fabric we
Calmly proposed, and hoped at length to see —
Ah, how deceived ! — these heroes in renown
Scheme for themselves, and pull the fabric down —
Bid in its place Columbia's tomb-stone rise.
Inscribed with these sad words — Here freedom lies ! *

[The State of Massachusetts having adopted the constitu-
tion, the antifederalists asserted that newspapers expressing
their views had been suppressed in the mails by the federal-
ists. Newspapers at that time were not mailable, and the
post offices could not be forced to take them. They were
carried by the riders on such terms as they could make with

* Independent Gazetteer, Mar. lo, 1788.

34

530 After the Convention Rose.

the printers. After the charge of suppressing the newspapers
had been repeated many times, the postmaster made this
denial.]

General Post-Office^ Nezu York^ Ma7'ch zp, ijSS.

Several paragraphs having lately appeared in some of the
newspapers, reflecting upon the conduct of the offices of this
department, on account of irregularity in the transportation
of newspapers, and indecent attacks of a more recent date,
replete with illiberality and rancour, having been made upon
the postmaster general, on the same account, he thinks it
necessary to state the following facts in order to prevent any
undue impressions being made upon the public mind; viz:

That the post-pffice was established for the purpose of fa-
cilitating commercial correspondence, and has, properly speak-
ing, no connection with newspapers, the carriage of which
was an indulgence granted to the post-riders, prior to the
revolution in America.

That the riders stipulated with the printers for the car-
riage of their papers, at a price which was agreed upon be-
tween them, and this price was allowed as a perquisite to the
readers.

That newspapers have never been considered as a part of
the mail, nor (until within a very few years) admitted into
the same portmanteau with it, but were carried in saddle-
bags provided for that purpose by the riders, at their own
expense.

That to promote general convenience, the postmasters (not
officially) undertook to receive and distribute the newspapers
brought by the riders, without any other compensation for
their trouble than the compliment of a newspaper from each
printer.

That although the United States in Congress assembled,
from an idea that beneficial improvements might be made in
the transportation of the mail, have directed alterations as to
the mode of carrying it; yet they have not directed any to be
made in the custom respecting newspapers; and

That the postmaster-general has given no orders or direc-
tions about them, either to the postmasters or to the riders.

The Essay of ''''Fanner^ 531

From this succinct state of facts, the postmaster-general
apprehends it will clearly appear, that so far as the post-office
is concerned, the carriage of newspapers rests exactly on its
original foundation ; and that the attempts to excite clamor
against the department must have some other source than a
failure in duty on the part of the officers. *

For the Independent Gazetteer.

THE FALLACIES OF THE FREEMAN DETECTED BY A FARMER.

Some weeks since there was published in the Carlisle Ga-
zette an address to the minority of the late convention of this
State, under the signature of a Freeman, which I then sup-
posed had been written by some well-meaning person of that
place, who had not yet entered the porch of political knowl-
edge, who was thus unacquainted with the nature of sover-
eignty, and incapable of distinguishing ministerial agency
from the exercise of sovereignty; I therefore took no espec-
ial notice of it, until happening to see a Philadelphia news-
paper, I found the address had originated there, and was as-
cribed to a gentleman who is far from being ignorant, as I
had candidly supposed the author to be, but who hath hab-
ituated himself to presume much upon the supposed igno-
rance of the people, and whose expectation of future sup-
port and grandeur hath probably been very influential in
framing and promoting the proposed system of government.
Upon this discovery, I read the address again with more at-
tention, and resolved to communicate, through your useful
paper, the result of my observations thereon. I do not, how-
ever, design to answer the address in detail, but to establish
and explain such general principles as may assist people in
judging for themselves, and have a tendency to detect the
sophistry which characterizes the performance. In order to
do this, I shall explain:

First. The nature of sovereignty.

Second. Of a federal republic.

Third. Of a consolidated government.

Fourth. The nature of ministerial agency.

*The Freeman's Journal, March 26, 1788.

532 After the Conventioji Rose.

Fifth. Examine the address to the minority (the occasion
of these enquiries).

Sixth. Conchide with some general observations on the
times.

I return to the first then : From the ver>' design that in-
duces men to form a society that has its common interests,
and to promote and secure which it ought to act to concert,
it is necessary that there should be established a public
authority, to order and direct what ought to be done by each
individual as he stands in relation to the society itself, or to
the individual members thereof; and this public authority,
consisting of that portion of natural liberty which each mem-
ber surrenders to the society, to be exercised for the common
advantage, is the sovereignty which is often called political
authority. If this sovereignty or political authority be vested
in and exercised by the whole people, as in some of the an-
cient republics, or if it be delegated to representatives chosen
by the people from among themselves, as in modern times,
the government is called a democracy. If, on the contrary,
the sovereignty be in a particular class of citizens who have
not a common interest with the people at large, or body of
the nation, it is called an aristocracy; and if in a single
person, a monarchy or despotism; and these three kinds may
be variously combined and modified, as in the British govern-
ment and others; but every nation that governs itself by its
own laws, let the form of government be what it may, is a
sovereign state.

Sovereignty, therefore, consists in the understanding and
will of the political society, and this understanding and will
is originally and inherently in the people; the society having
vested it where and in what manner it pleases, he or they to
whom it is delegated is the sovereign, and is thus vested with
the political understanding and will of the people, for their
good and advantage solely.

The power of making rules or laws to govern or protect the
society is the essence of sovereignty, for by this the executive
and judicial powers are directed and contracted, to this every
ministerial agent is subservient, and to this all corporate or

The Essay of ''''Farmer.''^ 533

privileged bodies are subordinate; this power not only regu-
lates the conduct, but disposes of the wealth and commands
the force of the nation. To keep this sovereign power, there-
fore, in due bounds, fundamental laws, which we call consti-
tutions and bills of rights, have been made and declared.
Scarcely hath the wisdom of man, matured by the experience
of ages, been able with all the checks, negatives and balances,
either of ancient or modern invention, to prevent abuses of
this high sovereign authority.

Here I may possibly be misunderstood; it may perhaps be
objected, that in Great Britain the King is called the Sove-
reign, and that he is an executive and not legislative officer.
True, the king of Great Britain is the supreme executive of
the nation, but it is not this alone that constitutes him a sov-
ereign; he hath a negative over the legislative. The laws
are made by and with his consent, and are called the King's
Laws; he calls, prorogues and dissolves his Parliament when
he pleases; the Parliament indeed so manage that the neces-
sity of the case obliges him to convene them frequently, but
he is not obliged to do it by the constitution; so that, pro-
perly speaking, it is the King and Parliament of Great Bri-
tain which is sovereign. However, if the legislative author-
ity were to be distributed in various portions, that man,
or body of men, who should be vested with the sole and un-
controlled power of taxation, would eventually become the
sovereign ; for whoever can command our whole property has
the means in his power of ruling us as he pleases, because (as
Montesquieu says) "sovereignty necessarily follows the power
of taxation."

Secondly. I shall proceed to define 2. federal republic. A
federal republic is formed by two or more single or consoli-
dated republics, uniting together by a perpetual confederacy,
and without ceasing to be distinct states or sovereignties,
they form together a federal republic or an empire of states.
As individuals in a state of nature surrender a portion of their
natural liberty to the society of which they became members,
in order to receive in lieu thereof protection and conveniency;
so in forming a federal republic the individual states surren-

534 After the Convention Rose.

der a part of their separate sovereignty to the general govern-
ment or federal head, in order that, whilst they respectively
enjoy internally the freedom and happiness peculiar to free
republics, they may possess all that external protection, secur-
ity, and weight by their confederated resources, that can pos-
sibly be obtained in the most extended, absolute monarchies.

The peculiar advantages and distinctive properties of a fed-
eral republic are that each state or member of the confedera-
tion may be fully adequate for every local purpose, that it
may subsist in a small territory, that the people may have a
common interest, possess a competent knowledge of the re-
sources and expenditures of their own particular government,
that their immediate representatives in the state governments
will know and be known by the citizens, will have a common
interest with them, and must bear a part of all the burdens
which they may lay upon the people; that they will be re-
sponsible to the people, and may be dismissed by them at
pleasure; that therefore the government would be a govern-
ment of confidence, and possess sufficient energy without the
aid of standing armies; that the collectors of the revenue
would at least have the bowels of citizens, and not be the off-
scourings of Europe, or other states who have no interest in,
or attachment to the people; that if one or more of the states
should become the prey of internal despotism, or foreign foes,
the other states may remain secure under the protection of
their own state government; that if some popular and wealthy
citizen should have influence enough to attempt the liberties
of one state, he might be stopped in his career by the inter-
position of the others, for his influence could not be equally
great in all the states; that if the general government should
fail, or be revised or changed, yet the several state govern-
ments may remain entire to secure the happiness of the citi-
z;ens; and that the members of a confederated republic may
be increased to any amount, and consequently its external
strength, without altering the nature of the government, or
endangering the liberty of the citizens.

The perfection of a federal republic consists in drawing the
proper line between those objects of sovereignty which are of

What is a Consolidated Governvieiit.

535

a general nature, and which ought to be vested in the federal
government, and those which are of a more local nature, and
ought to remain with the particular governments; any rule
that can be laid down for this must vary according to the sit-
uation and circumstances of the confederating states; yet
still this general rule will hold good, viz: that all that por-
tion of sovereignty which involves the common interest of all
the confederating states, and which cannot be exercised by
the states in their individual capacity without endangering
the liberty and welfare of the whole, ought to be vested in
the general government, reserving such a proportion of sov-
ereignty in the state governments as would enable them to
exist alone, if the general government should fail, either by
violence or with the common consent of the confederates.
The states should respectively have laws, courts, force and
revenues of their own sufficient for their own security; they
ought to be fit to keep house alone if necessary. If this be
not the case, or so far as it ceases to be so, it is a departure
from a federal to a consolidated government; and this brings
me to the next particular, which is to show what is meant by
a consolidated government.

Thirdly. The idea of a consolidated govern7n£nt is easily
understood, where a single society or nation forms one entire
separate government, and possesses the whole sovereign
power; this is a consolidated or national government. Whether
a government be of a monarchical, aristocratical or democrat-
ical nature, it doth not alter the case; it is either a federal or
a consolidated government, there being no medium as to kind.
The absoluteness of a despotic sovereignty is often restricted
by corporate bodies, who are vested with peculiar privileges
and franchises, and by a just distribution of the executive
and ministerial powers; but although these may contribute
to the happiness of the people, yet they do not change the
nature of the government. Indeed, monarchies can never
form a federal government; they may enter into alliances
with each other; for monarchy cannot be divested of a
competent proportion of sovereignty to form a general
government without changing its nature. It is only free

536 After the Convention Rose.

republics that can completely and safely form a federal re-
public; I say free republics, for there are republics who are
not free, such as Venice, where a citizen carrying arms is
punished with instant death, and where even the nobles dare
not converse with strangers, and scarcely with their friends,
and are liable by law to be put to death secretly without
trial — or Poland, which, in much the same words that are
expressed in the new system, is by a league with the neigh-
boring powers guaranteed to be forever independent and of a
republican form ; yet a writer of their own says that the body
of the people are scarcely to be distinguished from brutes; and
again he says, "we have reduced the people of our kingdom
by misery to a state of brutes; they drag out their days in
stupidity," etc. Free republics are congenial to a federal re-
public. In order that a republic may preserve its liberty, it
must not only have a good form of government, but it must
be of small extent; for if it possess extensive territory, it
would be ruined by internal imperfection. The authority of
government in a large republic does not equally pervade all.
the parts; nor are the political advantages equally enjoyed
by the citizens remote from the capital as by those in the
vicinity; combinations consequently prevail among the mem-
bers of the legislature, and this introduces corruption, and is
destructive of that confidence in government, without which
a free republic cannot be supported; besides, the high influ-
ential trusts which must be vested in the great officers of state,
would at particular times endanger the government, and are
necessarily destructive of that equality among the citizens,
which is the only permanent basis of a republic; in short, the
diversity of the situation, habits, manners, and interests of the
people in an extensive dominion, subjects the government to
a thousand accidents, which would embarrass a republican
government. The experience of nations and the nature of
things, sufficiently prove that the government of a single
person, aided by armies and controlling influence, is necessary
to govern a large consolidated empire.

And on the other hand, if the territory be small, the repub-
lic is liable to be destroyed by external force, therefore, reason

Power's of a Good Government, 537

and observation point out a confederation of republics, as the
only method to preserve internal freedom, together with ex-
ternal strength and respectability. Small republics forming
a federal republic on these principles, may be resembled to
divers small ropes plaited together to make a large and strong
one; if the latter is untwisted, the small ropes are still useful
as such, but if the former are untwisted, they are reduced to
hemp, the original state.

To apply these principles to our present situation without
respect to the proposed plan of government: in order to ren-
der the federal government adequate to the exigencies of the
confederating states, it is necessary not only that the general
government should be properly constructed in its forms, but
that it should be vested with powers relative to all the federal
objects of government; these objects are not only the powers
of making peace and war, etc., but also with the power of
making treaties respecting commerce, regulating and raising
revenues therefrom, etc. , to make requisitions of money when
.necessity requires it, from each of the states, and a certain
well-described power of compelling delinquent states to pay
up their quota of such requisitions — perhaps if each State had
its own share of the domestic debt quoted, so as they might
each pay their own citizens, the general revenues would be
sufficient for the other demands of the Union in times of
peace, if the government itself be not made too expensive by
too great a number of officers being created. Congress ought,
however, to have all powers which cannot be exercised by
one state without endangering the other states, such as the
power of raising troops, treating with foreign nations, etc. —
The power of levying imposts will, by the particular states,
be irregularly exercised, and the revenue in a great degree
lost or misapplied; therefore, it ought not to be left with the
states, but under proper checks, vested in the general gov-
ernment. All these the minority were amongst the foremost
willing to have vested in the federal head, and more than
this had never been asked by Congress, nor proposed by the
greatest advocates for congressional power, nor is more than
this consistent with the nature of a federal republic. When

538 After the Convention Rose,

the existing confederation was adopted, powers were given
with a sparing hand, and perhaps not improperly at that
period, until experience should point out the discriminating
line with sufficient certainty, well knowing that it is easy
for a government to obtain an increase of power when com-
mon utility points out the propriety, but that powers once
vested in a government, however dangerous they may prove,
are rarely recovered without bloodshed, and even that awful
method of regaining lost liberty is seldom effectual. It is now,
however, evident that the power of regulating commerce, be-
ing of a general nature, ought to belong to the general govern-
ment, and the burthen of debt incurred by the Revolution
hath rendered a general revenue necessary; for this purpose im-
posts upon articles of importation present themselves, not only
as a productive source of revenue, but as a revenue for which
the governments of the particular states are, for well-known
reasons, incompetent. The danger of entrusting a government
so far out of the people's reach as Congress must necessarily be,
strongly impressed the public mind about four or five years
since, but now a conviction of the advantage and probable
safety of such a measure pervades almost every mind, and
none are more willing for putting it in operation, under
proper guards, than the opposers of the new system; they are
also willing to admit what the majority of the states may
judge proper checks in the form of the general government,
as far as those checks, or the distribution of powers, and re-
sponsibility of those who be vested with those powers, may be
consistent with the security of the essential sovereignity of
the respective states. The minority of the convention (who
I really believe, in their address, express the serious senti-
ments of the majority of this state) opposed vesting such
powers in Congress as can be most effectually exercised by
the state governments in a full consistency with the general
interests of the confederating states, and which, not being of
a general nature, are not upon federal principles, objects of
the federal government. I mean the power of capitation, or
poll tax, by which the head, or in other words, the existence
of every person, is put in their power by the new system as a

Powers Delegated to Congress. 539

property, subject to any price or tax that may be judged
proper. I do not mean to say that this implies the power of
life and death, although it certainly implies the power of
selling the property, or if none is to be had, of imprisoning
or selling the person for a servant, who doth not choose, or is
not able to pay the poll tax; the minority also objected to
vesting Congress with power to tax the property, real and
personal, of the citizens of the several states, to what amount,
and in what manner it may please, without any check or con-
trol upon its discretion; also to the unlimited power over the
excise; if this could extend only to spirituous liquors, as is
usual with us, the danger would be less; but the power of ex-
cise extends to everything we eat, drink, or wear, and in
Europe it is thus extensively put in practice. Under the
term duties, every species of indirect taxes is included, but it
especially means the power of levying money upon printed
books, and written instruments.

The Congress, by the proposed system, have the power of
borrowing money to what amount they may judge proper,
consequently to mortgage all our estates, and all our sources
of revenue. The exclusive power of emitting bills of credit
is also reserved to Congress. They have, moreover, the
power of instituting courts of justice without trial by jury,
except in criminal cases, and under such regulations as Con-
gress may think proper to decide, not only in such cases as
arise out of all the foregoing powers, but in the other cases
which are enumerated in the system.

The absolute sovereignity in all the foregoing instances, as
well as several others not here enumerated, is vested in the
general government, without being subject to any constitu-
tional check or control from the state governments.*

It remains to examine the nature of the powers which are
left with the states, and on this subject it is not necessary to
follow the Freeman through the numerous detail of particulars
with which he confuses the reader. I shall examine only a
few of the more considerable. The Freeman in his second
number, after mentioning in a very delusory manner diverse

* Independent Gazetteer, Apr. 15, 1788.

540 After the Convention Rose.

powers which remain with the states, says we shall find
many other instances under the constitution which require or
imply the existence or continuance of the sovereignty and
severalty of the states; he, as well as all the advocates of the
new system, take as their strong ground the election of sena-
tors by the state legislatures, and the special representation
of the states in the federal senate, to prove that internal sov-
ereignty still remains with the States; therefore they say that
the new system is so far from annihilating the state govern-
ments, that it secures them, that it cannot exist without
them, that the existence of the one is essential to the exist-
ence of the other. It is true that this particular partakes
strongly of that mystery which is characteristic of the system
itself; but if I demonstrate that this particular, so far from
implying the continuance of the state sovereignties, proves in
the clearest manner the want of it, I hope the other partic-
ular powers will not be necessary to dwell upon.

The State legislatures do not chose senators by legislative
or sovereign authority, but by a power of ministerial agency
as mere electors or boards of appointment; they have no
power to direct the senators how or what duties they shall
perform; they have neither power to censure the senators, nor
to supersede them for misconduct. It is not the power of
chosing to office merely that designates sovereignty, or else
corporations who appoint their own officers and make their
own by-laws, or the heads of department who choose the offi-
cers under them, such as commanders of armies, etc., may be
called sovereigns, because they can name men to office whom
they cannot dismiss therefrom. The exercise of sovereignty
does not consist in choosing masters, such as the senators would
be, who, when chosen, would be beyond control, but in the
power of dismissing, impeaching, or the like, those to whom
authority is delegated. The power of instructing or super-
seding of delegates to Congress under the existing confedera-
tion hath never been complained of, although the necessary
rotation of members of Congress hath often been censured for
restraining the state sovereignties too much in the objects of
their choice. As well may the electors who are to vote for

Powers Reserved to the States. 541

the president under the new constitution, be said to be vested
with the sovereignty, as the State legislatures in the act of
choosing senators. The senators are not even dependent on
the States for their wages, but in conjunction with the federal
representatives establish their own wages. The senators do
not vote by States, but as individuals. The representatives
also vote as individuals, representing people in a consolidated
or national government; they judge upon their own elections,
and, with the Senate, have the power of regulating elections
in time, place and manner, which is in other words to say,
that they have the power of elections absolutely vested in
them.

That the State governments have certain ministerial and
convenient powers continued to them is not denied, and in
the exercise of which they may support, but cannot control
the general government, nor protect their own citizens from
the exertion of civil or military tyranny, and this minister-
ial power will continue with the States as long as two-thirds
of Congress shall think their agency necessary; but even this
will be no longer than two-thirds of Congress shall think pro-
per to propose, and use the influence of which they would be
so largely possessed to remove it.

But these powers, of which the Freeman gives us such a
profuse detail, and in describing which he repeats the same
powers with only varying the terms, such as the powers of
oflficering and training the militia, appointing State officers,
and governing in a number of internal cases, do not any of
them separately, nor all taken together, amount to independ-
ent sovereignty; they are powers of mere ministerial agency,
which may, and in many nations of Europe are or have been
vested, as before observed, in heads of departments, heredi-
tary vassals of the crown, or in corporations; but not that
kind of independent sovereignty which can constitue a mem-
ber of a federal republic, which can enable a State to exist
within itself if the general government should cease.

I have often wondered how any writer of sense could have
the confidence to avow, or could suppose the people to be
ignorant enough to believe, that, when a State is deprived of

542 After the Conventioji Rose.

the power not only of standing armies (this the members of a
confederacy onght to be), bnt of commanding its own militia,
regulating its elections, directing or superseding its represen-
tatives, or paying them their wages; who is, moreover, de-
prived of the command of any property, I mean source of
revenue or taxation, or what amounts to the same thing, who
may enact laws for raising revenue, but who may have these
laws rendered nugatory, and the execution thereof superseded
by the laws of Congress. This is not a strained construction,
but the natural operation of the powers of Congress under the
new constitution; for every object of revenues, every source of
taxation, is vested in the general government. Even the
power of making inspection laws, which, for obvious con-
veniency, is left with the several States, will be unproductive
of the smallest revenue to the State governments; for, if any
should arise, it is to be paid over to the officers of Congress —
besides, the words "to make all laws necessary and proper
for carrying into execution the foregoing powers," etc., give,
without doubt, the power of repelling or forbidding the exe-
cution of any tax law whatever, that may interfere with or
impede the exercise of the general taxing power, and it would
not be possible that two taxing powers should be exercised
on the same sources of taxation without interfering with each
other. May not the exercise of this power of Congress, when
they think proper, operate not only to destroy those ministerial
powers which are left with the States, but even the very forms?
May they not forbid the state legislatures to levy a shilling
to pay themselves, or those whom they employ, days' wages?
The State governments may contract for making roads
(except post-roads), erecting bridges, cutting canals, or any
other object of public importance; but when the contract is
performed or the work done, may not Congress constitution-
ally prevent the payment? Certainly; they may do all this
and much more, and no man would have a right to charge
them with breaking the law of their appointment. It is an
established maxim, that wherever the whole power of the
revenue or taxation is vested, there virtually is the whole
effective, influential, sovereign power, let the forms be what

State Sovereignty in Danger. 543

they may. By this armies are procured, by this every other
controlling guard is defeated. Every balance or check in
government is only so far effective as it hath a control over
the revenue.

The State governments are not only destitute of all sov-
ereign command of, or control over, the revenue or any part
of it, but they are divested of the power of commanding or
prescribing the duties, wages, or punishments of their own
militia, or of protecting their life, property or characters from
the rigors of martial law. The power of making treason laws
is both a power and and an important defence of sovereignty;
it is relative to and inseparable from it; to convince the States
that they are consolidated into one national government, this
power is wholly to be assumed by the general government.
All the prerogatives, all the essential characteristics of sov-
ereignty, both of the internal and external kind, are vested
in the general government, and consequently the several
States would not be possesed of any essential power or effec-
tive guard of sovereignty.

Thus I apprehend, it is evident that the consolidation of
the States into one national government (in contradistinction
from a confederacy) would be the necessary consequence of
the establishment of the new constitution, and the intention
of its framers — and that consequently the State sovereignties
would be eventually annihilated, though the forms may long
remain as expensive and burthensome remembrances of what
they were in the days when (although laboring under many
disadvantages) they emancipated this country from foreign tyr-
anny, humbled the pride and tarnished the glory of royalty,
and erected a triumphant standard to liberty and independence.

It is not my present object to decide whether the govern-
ment is a good or a bad one, it is only to prove in support of
the minority, that the new system does not in reality, what-
ever its appearances may be, constitute a federal but a con-
solidated government. From the distinguishing character-
istics of these two kinds of government which I have stated,
some assistance perhaps may be derived in judging which of
them would be most suitable to our circumstances, and the

544 After the Convention Rose.

best calculated to promote and secure the liberty and welfare
of these United States.

A few general observations shall conclude this essay. It is
commonly said by the friends of the system, that the dangers
which we point out are imaginary, that we ought to depend
more upon the virtue of those who shall exercise those pow-
ers; that we talk as if we supposed men would be possessed
of a demon as soon as they should be vested with the pro-
posed powers, etc. I shall in answer thereto join with a sen-
sensible reasoner in saying that I will not abuse the new
Congress until it exists, nor then until it misbehaves, nor
then unless I dare; but it is a fact, that all governments that
have ever been instituted among men, have degenerated and
abused their power, and why we should conceive better of the
proposed Congress than of all governments who have gone
before us, I don't know; it is certainly incumbent on the sup-
porters of this system, first to prove either that the uniform
testimony of history, and experience of society, is false, or
else that the new system will have the divine influence to in-
spire those who exercise the powers which it provides, with
wisdom and virtue in an infallible degree. Surely the con-
duct of the framers and promoters of the new constitution do
not present mankind as more worthy of confidence now, than
they have been in other periods of society. For proof of this
let us examine facts. The legislatures of the various States
elected members for a federal convention, without having au-
thority for that purpose from their constituents; this gave no
alarm, as necessity perhaps justified the measure; but how
dangerous is the smallest precedent of usurped power, for the
general convention when met, far outdid the example. They
were strictly bound by the law of their appointment to revise
the confederation; the additional powers with which it ought
to have been vested were generally understood, and would
have been universally submitted to. This convention not
only neglected the duty of their appointment, but assumed a
power of the most extraordinary kind; they proceeded to de-
stroy the very government which they were solemnly enjoined
to strengthen and improve, and framed a system (to say no

Pennsylvania Convention In^egular. 545

worse of it) that was destructive not only of the form, but of
the nature of the government whose foundations were laid in
the plighted faith and whose superstructure was cemented
with the best blood of the United States. The legislature of
this State, whose leading members were also self-chosen mem-
bers of the general convention, no sooner had it in their
power, than notwithstanding the solemn trust reposed in
them, and still more solemn oath to preserve the constitution
of this State inviolate, proceeded upon the expected last day
of their session to call a convention, in order to adopt the
proposed system of government before the people could be
acquainted with it; and to carry this into execution, they
added violence to perfidy, and by the aid of mob compelled
members, sanctified by their presence that usurped exertion
of power, which their faith and trust obliged them to dis-
countenance.

The consequence was, that about one-sixth of the citizens
only obeyed the irregular call of the Assembly, and elected
members to the State convention: one-third of those mem-
bers, and who were chosen by nearly one-half of the voters
who did elect, voted against the adoption of the new consti-
tution, and being refused the right of entering their testi-
mony on the minutes, laid their conduct and their reasons be-
fore their constituents. About five out of six of the people,
whether disdaining to obey a call which neither the general
convention or Assembly were authorized to make, or whether
being taken by surprise they were not sufficiently informed
to act with decision, and therefore did not choose to act at all,
I cannot tell, but so it is, that they have not yet publicly
declared their sentiments for, nor have done anything in
favor of the proposed system: in this situation Pennsylvania
hath adopted the system. It is a very serious question,
whether supposing nine States had agreed to it in this man-
ner, the system would be practicable, whether general confi-
dence would not be necessary unless we had greater resources.
In addition to Pennsylvania, Georgia, Delaware, New Jersey,
and Connecticut, have also adopted the system; these States
are not only small, but in a high degree delinquent, and there
35

546 After the Convention Rose,

is no provision made in the new constitution to compel delin-
quent States or persons to make up their deficiencies. The
convention of Massachusetts have adopted the system with a
solemn disapprobation; they have pointed out amendments
on the same parchment with the act of ratification, and have
solemnly enjoined those who may be the first deputies in the
new Congress, to exert their every endeavor to have these
amendments made part of the constitution; and to add weight
to them, they have officially requested Pennsylvania and the
other states to concur in their propositions of amendment.
The New Hampshire convention have, on motion of the
friends of the system, adjourned until June, in order to pre-
vent an immediate rejection, which otherwise was unavoida-
ble: the adjournment was carried by only three voices. At
present there is and w411 for some months be a solemn and
serious pause, a time of deliberation, the result of which will
fill an important page in the history of human society. For
my own part, I think the heaviest clouds are dispersed, and
the gloomy darkness admits the cheering rays of hope, which
promise meridian splendor to the sun of liberty. Most of
those who were from the best motives friends to the system,
have penetrated the shade of mystery in which it was wrapped;
they see the snares, and discover the delusions with which it
is replete; they see that every other system of government,
whether good or bad, is easy to be understood, but that this
system excels all of the kind which hath come to their knowl-
edge in darkness and ambiguity; they have been informed,
too, that this mysterious veil was the fruit of deliberation and
design.

Whilst posts are prevented from carrying intelligence,
whilst newspapers are made the vehicles of deception, and
dark intrigue employs the avaricious office-hunters who
long to riot on the spoils of their country, the great body of
the people are coolly watching the course of the times, and
determining to preserve their liberties, and to judge for them-
selves by the principles of reason and common sense, and not
by the weight of names.* A Farmer.

* Independent Gazetteer, Apr. 22, 1788.

Political Creed of a Federalist. 547

A NEW FKDERAI, SONG.
To the Tune of W 's March.

A tavern-keeper spoke, a federal sign was made,

Saints, conjurers, Cincinnati, lawyers, and men o' the blade,

With defaulters, deists, bankrupts, and office-hunters, just 39,
Their faces, figures, and attitudes all painted quite fine.

2
This conclave being reared on the post near the inn door,

Attracted the attention of every comer and goer ;
Its beauties were admired for near half a long day.

But how transient are the goods of this world, you will say !

3
Some mischievous Anil's seeing it cut such a dash.

The next time they passed by, threw up a great splash.
The face of this most beauteous sign was now all over spotted,

And the ears, mouths, and noses of these patriots much blotted.

4
The famed wisdom and virtue of the union here collected,

Which had for such a length of time so much lustre reflected,
Was now on a sudden, when at its meridian glory,

All besmeared with the tagh of Jamie the Rover.

5
As for 'Simons and the Caledonian, their eyes were turned green.

And General Tommy, Benny and Bobby, were also unclean.
Bob seemed to hold guineas and Jamie to beg.

But old Harry had hold of the man with one leg.

6

In short, the shape of most the figures were altered,

And instead of masqued patriots, rose up rogues ready haltered.

All that was wanted to complete the black scene.

Was a gallows that would hold at least ten or fifteen.*

THE FEDERALIST'S POLITICAL CREED.
Mr. Printer: Though religious creeds have long since been
deemed quite useless, or rather indeed extremely prejudicial
to the interests of virtue and true piety; yet I must at the
same time be of opinion that political creeds are of a very
different nature, and that no government, and least of all an

* Independent Gazetteer, Apr. 24, 1788.

548 Afte7' the Convention Rose.

arbitrary one, can be supported without some such summary
of its credc7ida^ or articles of faith. Our late C n, sensi-
ble of the truth of this maxim, have taken care to draw up
a very full and comprehensive creed for the use of their crea-
tures and expectants, who are obliged to believe and main-
tain every article of it, right or wrong, on pain of political
damnation. And to do those slavish expectants justice, there
never was on earth a set of more firm and sincere believers,
nor any who were willing to run greater risks in defence of
their political dogmas.

This political creed, however, is no new invention: 'tis the
old tory system revived by different hands. And the articles
of it can be a secret to no one, who has the misfortune to
converse with any of its advocates. But as such doctrines
and maxims would better become the slave of a bashaw of
three tails than the subject of a free republican government,
I shall just take the liberty, by way of specimen, to mention
a few of these articles for the sake of your more iminformed
readers. And,

1. They maintain that the revolution and the Declaration
of Independence, however important at those periods, are
now to be considered as mere farces, and that nothing that
was then done ought to be any bar in the way of establishing
the proposed system of arbitrary power.

2. That as most of the European nations are in a state of
vassalage and slavery, the Americans easily may be brought
to a similar situation, and therefore ought to be reduced to
the same abject condition.

3. That to compass this end, a large standing army should
be kept up in time of peace, under the specious pretence of
guarding us against foreign invasions and our frontiers
against the savages; but in reality to overawe and enslave
the people, who if provoked at the violation of their rights,
should at any time dare to murmur or complaim, the military
should be employed to bayonet them for their arrogance and
presumption.

4. That to say the late convention was not authorized by
the people at large to form an aristocratic, consolidated system

Political Creed of a Federalist. 549

of government for them, but merely to recommend altera-
tions and amendments of the good old articles of confedera-
tion, is downright treason and rebellion.

5. That to assert that it was a shameful departure from the
principles of the revolution and republicanism, and a base
violation of the trust reposed in them, is a crime of the deepest
dye, and never to be forgiven.

6. That if any man in the course of his writings should
happen to give offence to a haughty favorite of the junto, it
should be an express condition in the admission of every per-
son into the new administration, that he concur in the prose-
cution of the author, or printer (or both, if the name of the
author can be extorted or discovered, no matter how vile and
infamous the means), to the utmost rigor of the law, and even
in contra-distinction to all law and justice.

7. That the trial by jury, whether in civil or criminal
cases, ought to be entirely abolished, and that the judges only
of the new federal court, appointed by the well-born in the
ten-mile-square, should determine all matters of controversy
between individuals.

8. That the trial by jury ought likewise to be abolished
in the case of libels, and every one accused of writing or even
publishing a libel, ought to be tried by informations, attach-
ments, interrogatories, and the other arbitrary methods prac-
ticed in the court of star-chamber.

9. That a libel is whatever may happen to give offence to
any great man, or old woman; and the more true the charge,
the more virulent the libel.

10. That an unrestrained liberty of the press should be
granted to those who write and publish against the liberties
of the people, but be absolutely denied to such as write against
unconstitutional measures, and the abominable strides of arbi-
trary power, which have recently been attempted by any of
the rump conclaves or conventions.

11. That the people indeed have no rights and privileges,
but what they enjoy at the mercy of the rich lordlings, who
may, of right, deprive them of any or of all their liberties
whenever they think proper.

550 After the Convention Rose.

12. That the freemen of America have no right to think
for themselves, nor to choose their own officers of govern-
ment, who ought to be named and appointed by the king
elect, the half king and the senate; these being evidently
much better judges of what is for the good of the people than
the people themselves.

13. That a bill of rights and other explicit declarations in
favor of the people, are old musty things, and ought to be
destroyed; and that for any set of men to declare themselves
in favor of a bill of rights, is a most daring insult offered to
General Washington and Doctor Franklin, who, it must be
allowed by the whole world, are absolutely infallible.

14. That those men are best qualified to conduct the afiairs
of a free people, who breathe nothing but a spirit of tyranny,
and who, by their violent, illegal, and unconstitutional (con-
solidating, energetic, as they are pleased to style it) proced-
ures, have well nigh reduced the good people of this great
continent to the very eve of a civil war. And that as soon as
nine States should accede to the new system of slavery, every
one who would presume to lisp a syllable against it, ought to
be taken up, imprisoned, and punished at the discretion of
the judges of the supreme federal court.

Such are a few of the many articles of the political creed
of the federal hacks, and how firmly they believe and dili-
gently act up to them, is a matter of equal notoriety and grief
to every real patriot in America. *

[While the Antifederalists were thus abusing the constitu-
tion, the men who framed, and the men who approved it.
State after State continued to adopt it. No special demon-
strations of joy were made by the Federalists, till they heard
of the approval of Virginia and New York. Then, the new
government being assured, they began to rejoice in earnest]

The following account of the celebration, by the citizens
of Pittsburgh and vicinity, of the adoption of the Constitution
of the United States by Virginia, the ninth State, is taken
from the Pittsburgh Gazette, of June 28th, 1788. The speech

*Independent Gazetteer, May 10, 1788.

Rejoicing at Pittsburgh. 551

of Mr. Brackenridge we omit for the present, but will prob-
ably find a place for it shortly.*

Pittsburgh^ June 28.

On Friday last, the 20th instant, the news arrived at this
place of the adoption of the new constitution by Virginia,
making the ninth State. On Saturday evening following,
the inhabitants of this town and the adjacent country, to the
number of about fifteen hundred, assembled on Grant's Hill,
a beautiful rising mount to the east of the town, having the
two rivers, the Allegheny and Monongahela, and their junc-
tion forming the Ohio, in prospect. Occupying the verge of
the hill, they were addressed by Air. Brackenridge. * * *

Three cheers were now given, and the hats ' thrown into
the air. Nine piles of wood were then lighted, representing
the nine States which had adopted the constitution. At in-
termediate distances, four piles were left uninflamed, repre-
senting those which had not adopted it. Fire was then
kindled in them, but oppressed by green leaves and heavy
boughs; in spite of all that could be done, the pile of New
Hampshire burst out, and gave a luminous splendor; that of
Rhode Island not having sent delegates to the general con-
vention, or called a convention of their own, had brimstone,
tar and feathers thrown into it; yet still some boughs of wood
that were at the bottom, catching the flame, purged off the
noxious vapor and materials. That of New York and North
Carolina at length took fire, and exceeded even the other
piles. The whole thirteen now in one blaze began to burn.
The youths of the village danced around them on the green;
and the Indians who were present, the chiefs of several
nations, on the way to their treaty at Muskingum, stood in
amazement at the scene; concluding this to be the great coun-
cil, seeing the thirteen fires kindled on the hill.

[On June 25th, 1788, Virginia ratified the constitution as
the tenth State. As the approval of nine was to put it in
force, all hope of defeating the new plan was now ended. So
many States, however, had accepted the constitution with re-

* Hazard's Register of Penna., Sep 14, 1833.

552 After the Convention Rose.

luctance, and with long lists of proposed amendments, that
the Antifederalists determined to make one more effort to
have it sent to a new convention of the states for revision
and amendment.

The earliest movement for such a convention began in the
county of Cumberland, and was probably the work of Robert
Whitehill. However this may be, representatives from the
townships of Cumberland met towards the close of June,
called for a conference of counties at Harrisburg, September
3d, elected delegates to represent it on that day, and sent a
circular letter to prominent Antifederalists all over the state.
The letter is as follows :]

East Pennsborough^ Cumberland^ July ^^ jjSS.

Sir : That ten states have already unexpectedly, without
amending, ratified the constitution proposed for the govern-
ment of these United States, cannot have escaped the notice
of the friends of liberty. That the way is prepared for the
full organization of the government, with all its foreseen and
consequent dangers, is too evident, and unless prudent steps
be taken to combine the friends to amendments in some plan
in which they may confidently draw together, and exert their
power in unison, the liberty of the American citizens must
lie at the discretion of Congress, and most probably posterity
become slaves to the officers of government.

The means adopted and proposed by a meeting of delegates
from the townships of this county for preventing the alleged
evils, and also the calamities of a civil war, are, as may be
observed in perusing the proceedings of the said meeting
herewith transmitted, to request such persons as shall be
judged fit within the counties, respectively, to use their in-
fluence to obtain a meeting of delegates from each township,
to take into consideration the necessity of amending the
constitution of these United States, and for that purpose to
nominate and appoint a number of delegates to represent the
county in a general conference of the counties of this com-
monwealth, to be held at Harrisburg on the third day of
September next, then and there to devise such amendments,
and such mode of obtaining them, as in the wisdom of the
delegates shall be judged most satisfactory and expedient.

Bucks County Circular. 553

A law will, no doubt, be soon enacted by the General As-
sembly for electing eight members to represent this state in
the new Congress. It will, therefore, be expedient to have
proper persons put in nomination by the delegates in confer-
ence, being the most likely method of directing the voices of
the electors to the same object and of obtaining the desired end.

The society, of which you are chairman, is requested to call
a meeting agreeable to the foregoing designs, and lay before
the delegates the proceedings of this county, to the intent
that the state may unite in casting off the yoke of slavery,
and once more establish union and liberty.

By order of the meeting, I am with real esteem, sir,
Your most obedient servant,

Benjamin Blyth, Chairman.

[This letter in time was followed by another, addressed to
prominent men in each township of Bucks county, and is as
follows:]

Newtown^ August 75, i'j88.

Gentlemen : The important crisis now approaching
(confident I am you will think with me) demands the most
serious attention of every friend of American liberty. The
constitution of the United States is now adopted by eleven
states in the Union, and no doubt the other two will follow
their example; for, however just the sentiments of the oppo-
sition may be, I do conceive it would be the height of
madness and folly, and in fact a crime of very detrimental
consequence to our country, to refuse to acquiesce in a mea-
sure received in form by so great a majority of our country;
not only to ourselves individually, but to the community at
large — for the worst that we can expect from a bad form of
government is anarchy and confusion, with all its common
train of grievances — and by an opposition in the present
situation of affairs we are sure of it. On the other hand, by
a sullen and inactive conduct, it will give the promoters and
warm advocators of the plan an opportunity (if any such
design they have) to shackle us with those manacles, that we
fear may be formed under color of law, and we be led to know
it is constitutional, when it is too late to extricate ourselves
and posterity from bondage.

554 After the Convention Rose.

To you it is not worth while to animadvert on the plain
and pointed tendency the constitution has to this effect, and
how easily it may be accomplished in power under its influ-
ence. That virtue is not the standard that has principally
animated the adoption of the constitution in this state, I be-
lieve, is too true. Let us, therefore, as we wish to serve our
country, and show the world that those only who have wished
amendments were truly federal, adopt the conduct of our
fellow-citizens in the back counties. Let us, as freemen, call
a meeting of those citizens who wish for amendments, in a
committee of the county, delegated from each township, for
the purpose expressed in a copy of the (circular) inclosed. In
promoting a scheme of this kind, I hope we shall not only
have the satisfaction of seeing the minds and exertions of all
who wish for amendments centre in this object, which will
swallow others more injurious, but we will enjoy the supreme
felicity of having assisted in snatching from slavery a once
happy and worthy people.

I therefore hope you will undertake to call together your
township, have delegates chosen to represent them in a com-
mittee to be held in the house of George Piper, on Monday,
the 2ist inst, at nine o'clock in the forenoon, for the pur-
pose of appointing delegates to represent them in the state
conference, and for giving them instructions, etc.

If you should apprehend the people will not call a town-
meeting for the purpose, that you will, as we intend here,
write or call on a few of the most respectable people of your
township to attend at the general meeting, as they intend to
do at Philadelphia, if they cannot accomplish their purpose
in the other way.

Your usual public spirit on occasions of this kind, I am
sure, needs no spur. We shall, therefore, rest assured that
we will meet a representation of the township committed to
your charge on the day appointed.

I am, with every sentiment of esteem,

(Signed.) Yours, &c., James Hanna.

To John Vandegrift^ Esq.^ Capt. Nathan Vansant^ and Mr.

Jacob Vandegrift^ Bensalem.

Bucks County Meeting. 555

[The meeting of townships thus called was held at Piper's
tavern, Bedminster, and the following course of action taken:]
Bucks County^ State of Petinsylvania^ August ^j, i'/88.
The ratification of the federal constitution and its expected
operation forming a new area in the American world, and
giving cause of hope to some and fear to others, it has been
thought proper that the freemen of the State, or delegates
chosen by them, should meet together and deliberate on the
subject. Accordingly it has been proposed that a meeting
of deputies from the different counties be held at Harrisburg,
the 3d day of September next. A circular letter bearing the
above proposition was sent to this county, and in pursuance
thereof, there met this day at Piper's tavern, in Bedminster
township, the following gentlemen from the townships an-
nexed to their names, respectively:

Neivtown. — James Hanna, Esquire.

Warwick. — John Crawford, Hugh Ramsay, Capt. William
Walker, Benjamin Snodgrass, Samuel Flack.

New Britain. — James Snodgrass, Thomas Stuart, David
Thomas.

Bedjninster. — Jacob Utt, Alexander Hughes, George Piper,
Daniel Soliday.

Haycock. — Capt. Manus Yost, John Keller.

Rockhill. — Samuel Smith, Esquire.

Millford. — Henry Blilaz, Plenry Hoover.

Springfield. — Colonel John Smith, Charles Fleming.

Durham. — Richard Backhouse, Esquire.

Tinicum. — John Thompson, Jacob Weaver, George Bennet.

Nockamixon. — Samuel Willson, George Vogle.

Richland. — Benjamin Seagle.

Plumstead. — Thomas Wright, Thomas Gibson, James
Ruckman, Major John Shaw, James Farres, Thomas Henry,
Moses Kelly, Henry Geddis.

Warringto7i. — Rev. Nathaniel Erwin, Captain William
Walker.

Btickinghafn. — Captain Samuel Smith.

Solesbury. — Henry Seabring.

Hilltown. — Joseph Grier.

Samuel Smith, Esq., chosen Chairman, and James Hanna,

55"6 After the Convention Rose.

Esq., Secretary. After some time spent in discussing the
business of the meeting,

Resolved^ that the Reverend Nathaniel Erwin, Richard
Backhouse, Samuel Smith, John Crawford, and James Hanna,
Esquires, be a committee to draw up resolves expressive of
the sense of this meeting on the subject before them.

In a short time thereafter the following were presented by
the gentlemen appointed, and unanimously approved:

Resolved i. That it is the opinion of this meeting, that the
plan of government for the United States, formed by the
general convention, having been adopted by eleven of the
States, ought, in conformity to the resolves of said conven-
tion, to come into operation, and have force until altered in
a constitutional way.

2. That as we mean to act the part of peaceable citizens
ourselves, so we will support the said plan of government,
and those who act under it, against all illegal violence.

3. That the said plan of government will admit of very
considerable amendments, which ought to be made in the
mode pointed out in the constitution itself.

4. That as few governments, once established, have ever
been altered in favor of liberty without confusion and blood-
shed, the requisite amendments in said constitution ought to
be attempted as soon as possible.

5. That we will use our utmost endeavors in a pacific way
to procure such alterations in the federal constitution as may
be necessary to secure the rights and liberties of ourselves
and posterity.

6. That we approve of a State meeting being held at Har-
risburg, the third day of September next, on the subject of
the above resolves.

7. That four persons ought to be delegated from this
county to attend said meeting, and join with the deputies
from other counties who may meet with them (in a recom-
mendation to the citizens of this State) of a suitable set of
men to represent them into the new Congress, and generally
to acquiesce and assist in the promotion of such plan or plans
as may be designed by the said State conferrees for the pur-
pose of obtaining the necessary amendments of said consti-

Gallatin' s Resolutions. 557

tution, as far as is consistent with our views, expressed in the
foregoing resolves.

Agreeably to the resolve last past, the Reverend Nathaniel
Erwin, Richard Backhouse, John Crawford, and James
Hanna, Esquires, or any two of them, were appointed to
represent us in said conference to be held at Harrisburg.

Resolved^ That James Hanna, Esquire, be requested to
hand the foregoing proceedings to the press for publication.

SamueIv Smith, Chairman.

[Thus chosen, the delegates to Harrisburg assembled Sep-
tember 3d, and made Blair M'Clenachan, of Philadelphia,
Chairman, and John A. Hannah, of Harrisburg, Secretary.
Precisely what the proceedings were cannot now be known,
but it is certain that in the course of debate Albert Gallatin,
then unknown to fame, submitted the following resolutions :]

ist. ''''Resolved^ That in order to prevent a dissolution of the
Union, and to secure our liberties, and those of our posterity,
it is necessary that a revision of the federal constitiition be
obtained in the most speedy manner.

2d. "That the safest manner to obtain such a revision will
be, in conformity to the request of the State of New York, to
use our endeavors to have a convention called as soon as pos-
sible;

''''Resolved^ therefore, that the assembly of this State be
petitioned to take the earliest opportunity to make an appli-
cation for that purpose to the new Congress.

3d. "That in order that the friends to amendments to the
federal constitution who are inhabitants of this State may act
in concert, it is necessary, and it is hereby recommended to the
several counties in the State, to appoint committees, who may
correspond one with another, and with such similar com-
mittees as may be formed in other States.

4th. "That the friends to amendment to the federal con-
stitution in the several States be invited to meet in a general
conference, to be held at — , on — , and — members elected
by this conference, who, on any of them, shall meet at said
place and time, in order to devise, in concert with such other
delegates from the several States as may come under similar
appointments, on such amendments to the federal constitution

558 After the Cojivention Rose.

as to them may seem most necessary, and on the most likely
way to carry them into effect. ' '

[The resolutions of Mr. Gallatin seem to have been too
strong, and not specific enough, and were not accepted by
the convention. Concerning the proceedings very little is
known, and that little is contained in a summary which ap-
peared in the newspapers. The document is as follows :]
Uarrisburg^ Dauphin County^ State of Pennsylvania^

September ;^^ ijSS.
Agreeably to a circular letter which originated in the
county of Cumberland, inviting to a conference such of the
citizens of this State, who conceive that a revision of the fed-
eral system, lately proposed for the government of these
United States, is necessary, a number of gentlemen from the
city of Philadelphia, and counties of Philadelphia, Bucks,
Chester, Lancaster, Cumberland, Berks, Northumberland,
Bedford, Fayette, Washington, Franklin, Dauphin, and
Huntingdon, assembled at this place for the said purpose,
viz:

Hon. George Bryan, Esq., William Petricken,
Charles Pettit, Jonathan Hoge,

Blair M'Clenachan, John Bishop,

Richard Backhouse, Daniel Montgomery,

James Harma, John Lytic,

Joseph Gardner, John Dickey,

James Mercer, Honorable John Smiley,

Benjamin Blyth, Albert Gallatin,

Robert Whitehill, James Marshel,

John Jordan, Benjamin Elliott,

William Sterrett, Richard Bard,

William Rodgers, James Crooks,

Adam Orth, John A. Hannah,

John Rodgers, Daniel Bradley,

Thomas Murray, Robert Smith,

Robert M'Kee, James Anderson,

John Kean.
Blair M'Clenachan, Esq., was unanimously elected chair-
man, and John A. Hannah, Esq., secretary.

Harrisburg Convention. 559

After free discussion and mature deliberation liad upon the
subject before them, the following resolutions and proposi-
tions were adopted.

The ratification of the federal constitution having formed
a new era in the American world, highly interesting to all
the citizens of the United States, it is not less the duty than
the privilege of every citizen, to examine with attention the
principles and probable effects of a system on which the hap-
piness or misery of the present, as well as future generations,
so much depends. In the course of such examination, many
of the good citizens of the State of Pennsylvania have found
their apprehensions excited that the constitution in its pres-
ent form contains in it some principles which may be per-
verted to purposes injurious to the rights of free citizens, and
some ambiguities which may probably lead to contentions
incompatible with order and good government. In order to
remedy these inconveniences, and to avert the apprehended
dangers, it has been thought expedient that delegates, chosen
by those who wish for early amendments in the said constitu-
tion, should meet together for the purpose of deliberating on
the subject, and uniting in some constitutional plan for ob-
taining the amendments which they may deem necessary.

We the conferees assembled, for the purpose aforesaid,
agree in opinion:

That a federal government only can preserve the liberties
and secure the happiness of the inhabitants of a country so
extensive as these United States; and experience having
taught us that the ties of our union, under the articles of
confederation, were so weak as to deprive us of some of the
greatest advantages we had a right to expect from it, we
are fully convinced that a more efficient government is indis-
pensably necessary; but although the constitution proposed
for the United States is likely to obviate most of the incon-
veniences we labored under, yet several parts of it appear so
exceptionable to us, that we are clearly of opinion consider-
able amendments are essentially necessary. In full confidence
however of obtaining a revision of such exceptionable parts
by a general convention, and from a desire to harmonize with

560 After the Co7iventio7i Rose.

our fellow citizens, we are induced to acquiesce in the organ-
ization of the said constitution.

We are sensible that a large number of the citizens both in
this and the other states, who gave their assent to its being
carried into execution, previous to any amendments, were
actuated more by the fear of the dangers that might arise
from delays, than by a conviction of its being perfect; we
therefore hope they will concur with us in pursuing every
peaceable method of obtaining a speedy revision of the con-
stitution in the mode therein provided; and when we reflect
on the present circumstances of the union, we can entertain
no doubt that motives of conciliation, and the dictates of
policy and prudence, will conspire to induce every man of
true federal principles to give his support to a measure which
is not only calculated to recommend the new constitution to
the approbation and support of every class of citizens, but
even necessary to prevent the total defection of some members
of the union.

Strongly impressed with these sentiments, we have agreed
to the following resolutions:

1. Resolved, That it be recommended to the people of this
State to acquiesce in the organization of the said government;
but although we thus accord in its organization, we by no
means lose sight of the grand object of obtaining very consid-
erable amendments and alterations, which we consider essen-
tial to preserve the peace and harmony of the union, and
those invaluable privileges for which so much blood and
treasure have been recently expended.

2. Resolved, That it is necessary to obtain a speedy revision
of said constitution by a general convention.

3. Resolved, That in order to effect this desirable end, a
petition be presented to the legislature of this State, request-
ing that honorable body to take the earliest opportunity to
make application for that purpose to the new Congress.

The petition proposed is as follows:

Petition of Harrisburg Convention. 561

To the Hojtorable the Representatives of the Freemen of the
Commonwealth of Pennsylvania^ in General Assembly met^
the Petition and Representatioii of the Subscribers humbly
show :

That your petitioners possess sentiments completely fede-
ral; being convinced that a confederacy of republican States,
and no other, can secure political liberty, happiness, and
safety throughout a territory so extended as the United States
of America. They are well apprised of the necessity of de-
volving extensive powers to Congress, and of vesting the su-
preme legislature with every power and resource of a general
nature; and consequently they acquiesce in the general system
of government framed by the late federal convention; in full
confidence, however, that the same will be revised without
delay: for however worthy of approbation the general prin-
ciples and outlines of the said system may be, your petitioners
conceive that amendments in some parts of the plan are essen-
tial, not only to the preservation of such rights and privileges
as ought to be reserved in the respective States, and in the
citizens thereof, but to the fair and unembarrassed operation
of the government in its various departments. And as provi-
sion is made in the constitution itself for the making of such
amendments as may be deemed necessary, and your petition-
ers are desirous of obtaining the amendments which occur to
them as more immediately desirable and necessary, in the
mode admitted by such provision, they pray that your honor-
able House, as the Representatives of the people in this Com-
monwealth, will, in the course of your present session, take
such measures as you in your wisdom shall deem most effect-
ual and proper, to obtain a revision and amendment of the
constitution of the United States, in such parts and in such
manner as have been or shall be pointed out by the conven-
tions or assemblies of the respective States; and that such re-
vision be by a general convention of representatives from the
several States in the union.

Your petitioners consider the amendments pointed out in
the propositions hereto subjoined as essentially necessary, and
as such they suggest them to your notice, submitting to your
36

562 After the Convention Rose.

wisdom the order in which they shall be presented to the
consideration of the United States.

The amendments proposed are as follows, viz:

I. That Congress shall not exercise any powers whatsoever,
but such as are expressly given to that body by the constitu-
tion of the United States; nor shall any authority, power or
jurisdiction, be assumed or exercised by the executive or
judiciary departments of the union under color or pretense of
construction or fiction. But all the rights of sovereignty,
which are not by the said constitution expressly and plainly
vested in the Congress, shall be deemed to remain with, and
shall be exercised, by the several states in union according to
their respective constitutions. And that every reserve of the
rights of individuals, made by the several constitutions of the
states in union to the citizens and inhabitants of each State
respectively, shall remain inviolate, except so far as they are
expressly and manifestly yielded or narrowed by the national
constitution.

Article i. Section 2, Paragraph 3.

II. That the number of representatives be for the present
one for every twenty thousand inhabitants, according to the
present estimated number in the several states, and continue
in that proportion till the whole number of representatives
shall amount to two hundred ; and then to be so proportioned
and modified as not to exceed that number till the proportion
of one representative for every thirty thousand inhabitants
shall amount to the said number of two hundred.

Section 3.

III. That Senators, though chosen for six years, shall be
liable to be recalled or superseded by other appointments, by
the respective legislatures of the States, at any time.

Section 4.

IV. That Congress shall not have power to make or alter
regulations concerning the time, place, and manner of elect-
ing Senators and Representatives, except in case of neglect or
refusal by the State to make regulations for the purpose, and
then only for such time as such neglect or refusal shall con-
tinue.

Amendfnents Proposed. 563

Section 8.

V. That when Congress shall require supplies, which are
to be raised by direct taxes, they shall demand from the sev-
eral States their respective quotas thereof, giving a reasonable
time to each State to procure and pay the same; and if any
State shall refuse, neglect, or omit to raise and pay the same
within such limited time, then Congress shall have power to
assess, levy, and collect the quota of such State, together
with interest for the same from the time of such delinquency,
upon the inhabitants and estates therein, in such manner as
they shall by law direct, provided that no poll-tax be im-
posed.

Section 8.

VI. That no standing army of regular troops shall be
raised or kept up in time of peace, without the consent of
two-thirds of both Houses in Congress.

Section 8.

VII. That the clause respecting the exclusive legislation
over a district not exceeding ten miles square, be qualified
by a proviso that such right of legislation extend only to
such regulations as respect the police and good order thereof.

Article i. Section 8.

VIII. That each State respectively shall have power to
provide for organizing, arming, and disciplining the militia
thereof, whensoever Congress shall omit or neglect to provide
for the same. That the militia shall not be subject to mar-
tial law, but when in actual service in time of war, invasion
or rebellion; and when not in the actual service of the
United States, shall be subject to such fines, penalties, and
punishments only, as shall be directed or inflicted by the
laws of its own State: nor shall the militia of any State be
continued in actual service longer than two months under
any call of Congress, without the consent of the legislature
of such State, or, in their recess, the executive authority
thereof

Section 9.

IX. That the clause respecting vessels bound to or from any
one of the States, be explained.

564 After the Convention Rose.

Article 3. Section i.

X. That Congress establish no court other than the
Supreme Court, except such as shall be necessary for deter-
mining- causes of admiralty jurisdiction.

Section 2. Paragraph 2.

XI. That a proviso be added at the end of the second
clause of the second section of the third article, to the follow-
ing effect, viz. : Provided, That such appellate jurisdiction,
in all cases of common law cognizance, be by writ of error,
and confined to matters of law only; and that no such writ of
error shall be admitted except in revenue cases, unless the
matter in controversy exceed the value of three thousand
dollars.

Article 6. Paragraph 2.

XII. That to article six, clause two, be added the follow-
ing proviso, viz. : Provided always. That no treaty which
shall hereafter be made, shall be deemed or construed to alter
or affect any law of the United States, or of any particular
State, until such treaty shall have been laid before and as-
sented to by the House of Representatives in Congress.

Resolved^ That the foregoing proceedings be committed to
the chairman for publication. *

Blair M'Clenachan, Chairman.
Attest, John A. Hannah, Secretary.

* Independent Gazetteer, Sep. 15, 1788.

CHAPTER VII.

CENTINEI., No. I.*

Mr. Oswald: As the Independent Gazetteer seems free for
the discussion of all public matters^ I expect you will give the
following a place ht your next.

To the Freemen of Pennsylvania. Friends^ Country-
men and Fellow Citizens.

Permit one of yourselves to put you in mind of certain
liberties and privileges secured to you by the constitution of
this commonwealth, and to beg your serious attention to his
uninterested opinion upon the plan of federal government
submitted to your consideration, before you surrender these
great and valuable privileges up forever. Your present
frame of government secures to you a right to hold your-
selves, houses, papers and possessions free from search and
seizure, and therefore warrants granted without oaths or
affirmations first made, affording sufficient foundations for
them, whereby any officer or messenger may be commanded or
required to search your houses or seize your persons or prop-
erty not particularly described in such warrant, shall not be
granted. Your constitution further provides "that in con-
troversies respecting property, and in suits between man and
man, the parties have a right to tjHal by jtiry^ which ought to
be held sacred.''^ It also provides and declares, '"''that the
people have a right ^t/'freedom OF SPEECH, and of writing
and PUBLISHING their sentiments^ therefore THE FREEDOM
OF THE PRESS OUGHT NOT TO BE RESTRAINED." The con-
stitution of Pennsylvania is yet in existence, as yet you have
the right to freedom of speech^ and of publishing your senti-
ments. How long those rights will appertain to you, you
yourselves are called upon to say ; whether your houses shall

*From "The Independent Gazetteer; or, The Chronicle of Freedom."
Oct. 5, 1787.

(565)

566 Letters of CcntincL No. L

continue to be your castles^ whether your papers^ yoViX per-
sons and yowT property^ are to be held sacred and free from
general warrants^ you are now to determine. Whether the
trial by Jury is to continue as your birth-right, the freemen
of Pennsylvania, nay, of all America, are now called upon to
declare.

Without presuming upon my own judgment, I cannot
think it an unwarrantable presumption to offer my private
opinion, and call upon others for theirs; and if I use my pen
with the boldness of a freeman, it is because I know that the
liberty 0/ the press yet remains nnviolated and juries yet are
judges.

The late Convention have submitted to your consideration
a plan of a new federal government. The subject is highly
interesting to your future welfare. Whether it be calculated
to promote the great ends of civil society, viz. , the happiness
and prosperity of the community, it behoves you well to con-
sider, uninfluenced by the authority of names. Instead of
that frenzy of enthusiasm, that has actuated the citizens of
Philadelphia, in their approbation of the proposed plan, be-
fore it was possible that it could be the result of a rational
investigation into its principles, it ought to be dispassion-
ately and deliberately examined on its own intrinsic merit,
the only criterion of your patronage. If ever free and un-
biased discussion was proper or necessary, it is on such an
occasion. All the blessings of liberty and the dearest privi-
leges of freemen are now at stake and dependent on your pres-
ent conduct. Those who are competent to the task of devel-
oping the principles of government, ought to be encouraged
to come forward, and thereby the better enable the people to
make a proper judgment; for the science of government is so
abstruse, that few are able to judge for themselves. Without
such assistance the people are too apt to yield an implicit as-
sent to the opinions of those characters whose abilities are
held in the highest esteem, and to those in whose integrity
and patriotism they can confide; not considering that the love
of domination is generally in proportion to talents, abilities
and superior requirements, and that the men of the greatest

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Letters of Centijtcl. No. I. 567

purity of intention may be made instruments of despotism in
the hands of the artful and designing. If it were not for the
stability and attachment which time and habit gives to forms
of government, it would be in the power of the enlightened
and aspiring few, if they should combine, at any time to de-
stroy the best establishments, and even make the people the
instruments of their own subjugation.

The late revolution having effaced in a great measure all
former habits, and the present institutions are so recent, that
there exists not that great reluctance to innovation, so re-
markable in old communities, and which accords with rea-
son, for the most comprehensive mind cannot foresee the full
operation of material changes on civil polity ; it is the genius
of the common law to resist innovation.

The wealthy and ambitious, who in every community
think they have a right to lord it over their fellow creatures,
have availed themselves very successfully of this favorable
disposition; for the people thus unsettled in their sentiments,
have been prepared to accede to any extreme of government.
All the distresses and difficulties they experience, proceeding
from various causes, have been ascribed to the impotency of
of the present confederation, and thence they have been led
to expect full relief from the adoption of the proposed system
of government; and in the other event, immediately ruin
and annihilation as a nation. These characters flatter them-
selves that they have lulled all distrust and jealousy of their
new plan, by gaining the concurrence of the two men in
whom America has the highest confidence, and now triumph-
antly exult in the completion of their long meditated schemes
of power and aggrandizement. I would be very far from in-
sinuating that the two illustrious personages alluded to,
have not the welfare of their country at heart; but that the
unsuspecting goodness and zeal of the one has been imposed
on, in a subject of which he must be necessarily inexperienced,
from his other arduous engagements; and that the weakness
and indecision attendant on old age, has been practiced on in
the other.

I am fearful that the principles of government inculcated

568 Letters of Chitinel. No. I.

in Mr. Adams' treatise, and enforced in the numerous essays
and paragraphs in the newspapers, have misled some well
designing members of the late Convention. But it will ap-
pear in the sequel, that the construction of the proposed plan
of government is infinitely more extravagant.

I have been anxiously expecting that some enlightened
patriot would, ere this, have taken up the pen to expose the
futility, and counteract the baneful tendency of such princi-
ples. Mr. Adams' sine qua no7i of a good government is
three balancing powers; whose repelling qualities are to pro-
duce an equilibrium of interests, and thereby promote the
happiness of the whole community. He asserts that the ad-
ministrators of every government, will ever be actuated by
views of private interest and ambition, to the prejudice of
the public good; that therefore the only effectual method to
secure the rights of the people and promote their welfare, is
to create an opposition of interests between the members of
two distinct bodies, in the exercise of the powers of gov-
ernment, and balanced by those of a third. This hypothesis
supposes human wisdom competent to the task of instituting
three co-equal orders in government, and a corresponding
weight in the community to enable them respectively to exer-
cise their several parts, and whose views and interests should
be so distinct as to prevent a coalition of any two of them for
the destruction of the third. Mr. Adams, although he has
traced the constitution of every form of government that ever
existed, as far as history affords materials, has not been able
to adduce a single instance of such a government; he indeed
says that the British constitution is such i-n theory, but this
is rather a confirmation that his principles are chimerical and
not to be reduced to practice. If such an organization of
power were practicable, how long would it continue? Not a
day — for there is so great a disparity in the talents, wisdom
and industry of mankind, that the scale would presently pre-
ponderate to one or the other body, and with every accession
of power the means of further increase would be greatly ex-
tended. The state of society in England is much more
favorable to such a scheme of government than that of

Letters of Centinel. No. I. 569

America. There they have a powerful hereditary nobility,
and real distinctions of rank and interests; but even there,
for want of that perfect equality of power and distinction of
interests in the three orders of government, they exist but in
name; the only operative and efficient check upon the con-
duct of administration, is the sense of the people at large.

Suppose a government could be formed and supported on
such principles, would it answer the great purposes of civil
society ? If the administrators of every government are ac-
tuated by views of private interest and ambition, how is the
welfare and happiness of the community to be the result of
such jarring adverse interests?

Therefore, as different orders in government will not pro-
duce the good of the whole, we must recur to other princi-
ples. I believe it will be found that the form of government,
which holds those entrusted with power in the greatest re-
sponsibility to their constituents, the best calculated for free-
men. A republican, or free government, can only exist
where the body of the people are virtuous, and where pro-
perty is pretty equally divided. In such a government the
people are the sovereign and their sense or opinion is the
criterion of every public measure; for when this ceases to be
the case, the nature of the government is changed, and an
aristocracy, monarchy or despotism will rise on its ruin. The
highest responsibility is to be attained in a simple structure
of government, for the great body of the people never steadily
attend to the operations of government, and for want of due
information are liable to be imposed on. If you complicate
the plan by various orders, the people will be perplexed and
divided in their sentiment about the source of abuses or mis-
conduct; some will impute it to the senate, others to the
house of representatives, and so on, that the interposition ot
the people may be rendered imperfect or perhaps wholly abor-
tive. But if, imitating the constitution of Pennsylvania, you
vest all the legislative power in one body of men (separating
the executive and judicial) elected for a short period, and
necessarily excluded by rotation from permanency, and
guarded from precipitancy and surprise by delays imposed

5 JO Letters of Centinel. No. I.

on its proceedings, you will create the most perfect responsi-
bility; for then, whenever the people feel a grievance, they
cannot mistake the authors, and will apply the remedy with
certainty and efifect, discarding them at the next election.
This tie of responsibility will obviate all the dangers appre-
hended from a single legislature, and will the best secure the
rights of the people.

Having premised this much, I shall now proceed to the
examination of the proposed plan of government, and I trust,
shall make it appear to the meanest capacity, that it has
none of the essential requisites of a free government; that it is
neither founded on those balancing restraining powers, re-
commended by Mr. Adams and attempted in the British con-
stitution, or possessed of that responsibility to its constitu-
ents, which, in my opinion, is the only effectual security for
the liberties and happiness of the people; but on the con-
trary, that it is a most daring attempt to establish a despotic
aristocracy among freemen, that the world has ever wit-
nessed.

I shall previously consider the extent of the powers in-
tended to be vested in Congress, before I examine the con-
struction of the general government.

It will not be controverted that the legislative is the high-
est delegated power in government, and that all others are
subordinate to it. The celebrated MontesqiiiciL establishes it
as a maxim, that legislation necessarily follows the power of
taxation. By sect. 8, of the first article of the proposed plan
of government, "the Congress are to have power to lay and
collect taxes, duties, imposts, and excises, to pay the debts
and provide for the common defense and general welfare of
the United States; but all duties, imposts and excises, shall
be uniform throughout the United States." Now what can
be more comprehensive than these words? Not content by
other sections of this plan, to grant all the great executive
powers of a confederation, and a standing army in time OF
PEACE, that grand engine of oppression, and moreover the
absolute control over the commerce of the United States and
all external objects of revenue, such as unlimited imposts

Letters of Centinel. No. I. 571

upon imports, etc., they are to be vested with every species
of internal taxation ; whatever taxes, duties and excises that
they may deem requisite for the general welfare., may be im-
posed on the citizens of these states, levied by the officers of
Congress, distributed through every district in America; and
the collection would be enforced by the standing army, how-
ever grievous or improper they may be. The Congress may
construe every purpose for which the State legislatures now
lay taxes, to be for the general welfare., and thereby seize
upon every object of revenue.

The judicial power by Article 3d sect, ist shall extend to
all cases, in law and equity, arising under this constitution,
the laws of the United States, and treaties made or which
shall be made under their authority; to all cases affecting
ambassadors, other public ministers and consuls; to all cases
of admiralty and maritime jurisdiction, to controversies to
which the United States shall be a party, to controversies be-
tween two or more States, between a State and citizens of
another State, between citizens of different States, between
citizens of the same State claiming lands under grants of
different States, and between a State, or the citizens thereof,
and foreign States, citizens or subjects.

The judicial power to be vested in one Supreme Court, and
in such inferior Courts as the Congress may from time to
time ordain and establish.

The objects of jurisdiction recited above are so numerous,
and the shades of distinction between civil causes are often-
times so slight, that it is more than probable that the State
judicatories would be wholly superseded; for in contests
about jurisdiction, the federal court, as the most powerful,
would ever prevail. Every person acquainted with the his-
tory of the courts in England, knows by what ingenious
sophisms they have, at different periods, extended the sphere
of their jurisdiction over objects out of the line of their in-
stitution, and contrary to their very nature; courts of a crim-
inal jurisdiction obtaining cognizance in civil causes.

To put the omnipotency of Congress over the State gov-
ernment and judicatories out of all doubt, the 6th article

572 Letters of Centinel. No. I.

ordains that "tins 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 laws of any State to the contrary not-
withstanding."

By these sections the all-prevailing power of taxation, and
such extensive legislative and judicial powers are vested in
the general government, as must in their operation neces-
sarily absorb the State legislatures and judicatories; and that
such was in the contemplation of the framers of it, will ap-
pear from the provision made for such event, in another part
of it (but that, fearful of alarming the people by so great an
innovation, they have suffered the forms of the separate gov-
ernments to remain, as a blind). By Article ist sect.
4th, "the times, places and manner of holding elections
for senators and representatives, shall be prescribed in each
State by the legislature thereof; but the Congress may at any
time., by law., make or alter such regulations^ except as to the
place of choosing senators.''^ The plain construction of which
is, that when the State legislatures drop out of sight, from
the necessary operation of this government, then Congress
are to provide for the election and appointment of representa-
tives and senators.

If the foregoing be a just comment, if the United States
are to be melted down into one empire, it becomes you to
consider whether such a government, however constructed,
would be eligible in so extended a territory; and whether it
would be practicable, consistent with freedom? It is the
opinion of the greatest writers, that a very extensive country
cannot be governed on democratical principles, on any other
plan than a confederation of a number of small republics,
possessing all the powers of internal government, but united
in the management of their foreign and general concerns.

It would not be difficult to prove, that anything short of
despotism could not bind so great a country under one gov-
ernment; and that whatever plan you might, at the first set-
ting out, establish, it would issue in a depotism.

Letters of Centinel. No. I. 573

If one general government could be instituted and main-
tained on principles of freedom, it would not be so competent
to attend to the various local concerns and wants, of every
particular district, as well as the peculiar governments, who
are nearer the scene, and possessed of superior means of in-
formation; besides, if the business of the whole union is to be
managed by one government, there would not be time. Do
we not already see, that the inhabitants in a number of larger
States, who are remote from the seat of government, are
loudly complaining of the inconveniences and disadvantages
they are subjected to on this account, and that, to enjoy the
comforts of local government, they are separating into
smaller divisions ?

Having taken a review of the powers, I shall now examine
the construction of the proposed general government.

Article ist, sect. ist. "All legislative powers herein
granted shall be vested in a Congress of the United States,
which shall consist of a senate and house of representatives. ' '
By another section, the President (the principal executive
officer) has a conditional control over their proceedings.

Sect. 2d. "The house of representatives shall be composed
of members chosen every second year, by the people of the
several States. The number of representatives shall not ex-
ceed one for every 30,000 inhabitants."

The senate, the other constituent branch of the legislature,
is formed by the legislature of each State appointing two
senators, for the term of six years.

The executive power by Article 2d, sect, ist, is to be vested
in a President of the United States of America, elected for
four years: Sec. 2 gives him "power, by and with the consent
of the senate to make treaties, provided two-thirds of the sena-
tors present concur; and he shall nominate, and by and with
the advice and consent of the senate, shall appoint ambassadors,
other public ministers and consuls, judges of the Supreme
Court, and all other officers of the United States, whose ap-
pointments are not herein otherwise provided for, and which
shall be established by law, etc. And by another section he
has the absolute power of granting reprieves and pardons for

^74 Letters of Centinel. No. I.

treason and all other high crimes and misdemeanors, except
in case of impeachment.

The foregoing are the outlines of the plan.

Thus we see, the house of representatives are on the part
of the people to balance the senate, who I suppose will be
composed of the better sort^ the well born^ etc. The number
of the representatives (being only one for every 30,000 inhab-
itants) appears to be too few, either to communicate the requi-
site information of the wants, local circumstances and senti-
ments of so extensive an empire, or to prevent corruption and
undue influence, in the exercise of such great powers; the
term for which they are to be chosen, too long to preserve a
due dependence and accountability to their constituents; and
the mode and places of their election not sufficiently ascer-
tained, for as Congress have the control over both, they may
govern the choice, by ordering the representatives of a whole
State, to be elected in one place, and that too may be the
most mconveniejit.

The senate, the great efficient body in this plan of govern-
ment, is constituted on the most unequal principles. The
smallest State in the Union has equal weight with the great
States of Virginia, Massachusetts or Pennsylvania. The
senate, besides its legislative functions, has a very considera-
ble share in the executive; none of the principal appointments
to office can be made without its advice and consent. The
term and mode of its appointment will lead to permanency;
the members are chosen for six years, the mode is under the
control of Congress, and as there is no exclusion by rotation,
they may be continued for life, which, from their extensive
means of influence, would follow of course. The President,
who would be a mere pageant of State, unless he coincides
with the views of the senate, would either become the head
of the aristocratic junto in that body, or its minion; besides,
their influence being the most predominant, could the best
secure his re-election to office. And from his power of grant-
ing pardons, he might screen from punishment the most
treasonable attempts on the liberties of the people, when in-
stigated by the senate.

Letters of Centinel. No. I. 575

From this investigation into the organization of this gov-
ernment, it appears that it is devoid of all responsibility or
accountability to the great body of the people, and that so
far from being a regular balanced government, it would be in
practice a permanent aristocracy.

The framers of it, actuated by the true spirit of such a
government, which ever abominates and suppresses all free
inquiry and discussion, have made no provision for the lib-
erty of the press ^ that ^xd^ndL palladium of freedom.^ and scourge
of tyrants; but observed a total silence on that head. It is
the opinion of some great writers, that if the liberty of the
press, by an institution of religion or otherwise, could be
rendered sacred., even in Turkey., that despotism would fly
before it. And it is worthy of remark that there is no declar-
ation of personal rights, premised in most free constitutions;
and that trial hy jury in civil cases is taken away; for what
other construction can be put on the following, viz: Article 3d,
sect. 2d, "In all cases affecting ambassadors, other public
ministers and consuls, and those in which a State shall be
party, the Supreme Court shall have original jurisdiction.
In all the other cases above mentioned, the Supreme Court
shall have appellate jurisdiction, both as to law and fact/ ''''
It would be a novelty in jurisprudence, as well as evidently
improper, to allow an appeal from the verdict of a jury, on
the matter of fact; therefore it implies and allows of a dis-
mission of the jury in civil cases, and especially when it is
considered, that jury trial in criminal cases is expressly stip-
ulated for, but not in civil cases.

But our situation is represented to be so critically dreadful,
that, however reprehensible and exceptionable the proposed
plan of government may be, there is no alternative between
the adoption of it and absolute ruin. My fellow citizens,
things are not at that crisis; it is the argument of tyrants; the
present distracted state of Europe secures us from injury on
that quarter, and as to domestic dissensions, we have not so
much to fear from them, as to precipitate us into this form of
government, without it is a safe and a proper one. For re-
member, oi SiW possible evils, that oi despotism is the worst and
the most to be dreaded.

5/6 Letters of Cen-tinel. No. IL

Besides, it cannot be supposed that the first essay on so
difficult a subject, is so well digested as it ought to be; if
the proposed plan, after a mature deliberation, should meet
the approbation of the respective States, the matter will end;
but if it should be found to be fraught with dangers and in-
conveniences, a future general Convention, being in possession
of the objections, will be the better enabled to plan a suitable
government.

" Who's here so base, that would a bondman be?

If any, speak; for him have i offended.

Who's here so vii.e, that wile not eove his country ?

If any, speak ; for him have i offended . "

CENTINEL.

Centinee, No. II.*

To the People of Pennsylvania. Friends^ Countrymen^
and Fellow Citizens.

As long as the liberty of the press continues unviolated,
and the people have the right of expressing and publishing
their sentiments upon every public measure, it is next to im-
possible to enslave a free nation. The state of society must
be very corrupt and base indeed, when the people, in posses-
sion of such a monitor as the press, can be induced to ex-
change the heaven-born blessings of liberty for the galling
chains of despotism. Men of an aspiring and tyrannical dis-
position, sensible of this truth, have ever been inimical to
the press, and have considered the shackling of i-t as the
first step towards the accomplishment of their hateful domi-
nation, and the entire suppression of all liberty of public
discussion, as necessary to its support. For even a standing
army, that grand engine of oppression, if it were as numerous
as the abilities of any nation could maintain, would not be
equal to the purposes of despotism over an enlightened people.

The abolition of that grand palladium of freedom, the
liberty of the press, in the proposed plan of government, and
the conduct of its authors and patrons, is a striking exempli-
fication of these observations. The reason assigned for the

*From the Freeman' s Journal, Oct., 24, 1787.

Letters of Centinel. No. 11. 577

omission of a bill of rights^ securing the liberty of the press ^
axid. other invaluable persojial rights^ is an insult on the un-
derstanding of the people.

The injunction of secrecy imposed on the members of the
late Convention during their deliberations, was obviously
dictated by the genius of Aristocracy; it was deemed impo-
litic to unfold the principles of the intended government to
the people, as this would have frustrated the object in view.

The projectors of the new plan, supposed that an ex parte
discussion of the subject, was more likely to obtain unani-
mity in the Convention; which would give it such a sanction
in the public opinion, as to banish all distrust, and lead the
people into an implicit adoption of it without examination.

The greatest minds are forcibly impressed by the immedi-
ate circumstances with which they are connected; the parti-
cular sphere men move in, the prevailing sentiments of those
they converse with, have an insensible and irresistible influ-
ence on the wisest and best of mankind; so that when we
consider the abilities, talents, ingenuity and consummate ad-
dress of a number of the members of the late Convention,
whose principles are despotic, can we be surprised that men
of the best intentions have been misled in the difficult science
of government? Is it derogating from the character of the
illustrious and highly revered Washington, to suppose him
fallible on a subject that must be in a great measure novel to
him? As a patriotic hero, he stands unequalled in the an-
nals of time.

The new plan was accordingly ushered to the public with
such a splendor of names, as inspired the most unlimited
confidence; the people were disposed to receive upon trust,
without any examination on their part, what would have
proved either a blessing or a C2irse to them and their posterity.
What astonishing infatuation! to stake their happiness on
the wisdom and integrity of any set of men! In matters of
infinitely smaller concern, the dictates of prudence are not
disregarded! The celebrated Montesquieu^ in his Spirit of
Laws, says, that "slavery is ever preceded by sleep." And
again, in his account of the rise and fall of the Roman Em-

37

578 Letters of Centinel. No. II.

pire, page 97, " That it may be advanced as a general rule,
that in a free State, whenever a perfect calm is visible, the
spirit of liberty no longer subsists." And Mr, Dickinson^ in
his Farmer's Letters, No. XI., lays it down as a maxim, that
" A perpetual jealousy respecting liberty is absolutely requi-
site in all free States."

' ' Happy are the men, and happy the people, who grow
wise by the misfortunes of others. Earnestly, my dear
countrymen, do I beseech the author of all good gifts, that
you may grow wise in this manner, and I beg leave to re-
commend to you in general, as the best method of obtaining
this wisdom, diligently to study the histories of other coun-
tries. You will there find all the arts, that can possibly be
practised by cunning rulers, or false patriots among your-
selves, so fully delineated, that changing names, the account
would serve for your own times."

A few citizens of Philadelphia (too few, for the honor of
human nature) who had the wisdom to think consideration
ought to precede approbation^ and the fortitude to avow that
they would take time to judge for themselves on so moment-
ous an occasion, were stigmatized as enemies to their country;
as monsters, whose existence ought not to be suffered, and
the destruction of them and their houses recommended, as
meritorious. The authors of the new plan, conscious that it
would not stand the test of enlightened patriotism, tyranni-
cally endeavored to preclude all investigation. If their views
were laudable, if they were honest, the contrary would have
been their conduct, they would have invited the freest dis-
cussion. Whatever specious reasons may be assigned for
secrecy during the framing of the plan, no good one can exist
for leading the people blindfolded into the implicit adoption
of it. Such an attempt does not augur the public good — it
carries on the face of it an intention to juggle the people out
of their liberties.

The virtuous and spirited exertions of a few patriots have
at length roused the people from their fatal infatuation to a
due sense of the importance of the measure before them. The
glare and fascination of names is rapidly abating, and the

Letters of Centinel. No. II. 57c)

subject begins to be canvassed on its own merits; and so ser-
ious and general has been the impression of the objection
urged against the new plan, on the minds of the people, that
its advocates, finding mere declamation and scurrility will no
longer avail, are reluctantly driven to defend it on the ground
of argument. Mr. Wilson.^ one of the deputies of this State
in the late Convention, has found it necessary to come for-
ward.* From so able a lawyer, and so profound a politician,
what might not be expected, if this act of Convention be the
heavenly dispensation which some represent it? Its divinity
would certainly be illustrated by one of the principal instru-
ments of the Revelation; for this gentleman has that trans-
cendent merit! But if, on the other hand, this able advo-
cate has failed to vindicate it from the objections of its
adversaries, must we not consider it as the production of
frail and interested men.

Mr. Wilson has recourse to the most flimsy sophistry in
his attempt to refute the charge that the new plan of general
government will supersede and render powerless the state
governments. His quibble upon the term Corporation.^ as
sometimes equivalent to communities which possess sover-
eignty, is unworthy of him. The same comparison in the
case of the British parliament assuming to tax the colonies,
is made in the Xth of the Farmer's Letters, and was not
misunderstood in 1768 by any. He says that the existence
of the proposed federal plan depends on the existence of the
State governments, as the senators are to be appointed by the
several legislatures, who are also to nominate the electors
who choose the President of the United States; and that hence
all fears of the several States being melted down into one
empire, are groundless and imaginary. But who is so dull
as not to comprehend, that the semblance and forms of an
ancient establishment may remain, after the reality is
gone. Augustus.^ by the aid of a great army, assumed des-
potic power, and notwithstanding this, we find even under
Tiberius, Caligula and Nero, princes who disgraced human
nature by their excesses, the shadows of the ancient consti-

*See speech of James "Wilson, Oct. 6, 1787. — Editor.

580 Letters of Cc7itinel. No. II.

tutioii held up to amuse the people. The senate sat as
formerly; consuls, tribunes of the people, censors and other
officers were annually chosen as before, and the forms of re-
publican government continued. Yet all this was in appear-
ance only. — Every seiiatus cotisidtum was dictated by him or
his ministers, and every Roman found himself constrained to
submit in all things to the despot.

Mr. Wilson asks, "What control can proceed from the
federal government to shackle or destroy that sacred palla-
<^zV/;;/ of natural freedom, \h^ liberty of the press f'' What!
Cannot Congress, when possessed of the immense authority
proposed to be devolved, restrain the printers, and put them
under regulation? Recollect that the omnipotence of the
federal legislature over the State establishments, is recognized
by a special article, viz., — "that this Constitution, and the
laws of the United States which shall be made in pursuance
thereof, and all treaties made, or which shall be made, under
the authority of the United States, shall be the supreme law
of the land; and the judges in every State shall be bound
thereby, any thing in the Constitutions or laws of any State
to the contrary notwithstanding." After such a declaration,
what security do the Constitutions of the several States
afford for the liberty of the press and other invalnable personal
rights.^ not provided for by the new plan? Does not this
sweeping clause subject everything to the control of Con-
gress?

In the plan of Confederation of 1778, now existing, it was
thought proper by Article the 2d, to declare that "each
State retains its sovereignty, freedom and independence, and
every power, jurisdiction and right, which is not by this
Confederation expressly delegated to the United States in
Congress assembled." Positive ^2^\t ^n^s, not then thought
sufficiently descriptive and restraining upon Congress, and
the omission of such a declaration noiv., when such great de-
volutions of power are proposed, manifests the design of re-
ducing the several States to shadows. But Mr. Wilson tells
you, that every right and power not specially granted to Con-
gress is considered as withheld. How does this appear? Is

Letters of Centinel. No. II. 581

this principle established by the proper authority? Has the
Convention made such a stipulation ? By no means. Quite
the reverse; the lazvs of Congress are to be "the supreme
law of the laud, any th&ng in the Constitiitioris or laws of
any State to the contrary notwithstanding;" and conse-
quently, would \i<i paramount to all State authorities. The
lust of power is so universal, that a speculative unascertained
rule of construction would be a. poor security for the Ifcerties
of the people.

Such a body as the intended Congress, unless particularly
inhibited and restrained, must grasp at omnipotence, and be-
fore long swallow up the legislative, the executive, and the
judicial powers of the several States.

In addition to the respectable authorities quoted in my first
number, to show that the right of taxation includes all the
powers of government, I beg leave to adduce the Farmer's
Letters, see particularly letter 9th, in which Mr. Dickinson
has clearly proved, that if the British Parliament assumed
the power of taxing the colonies, internally^ as well as extern-
ally^ and it should be submitted to, the several colony legis-
latures would soon become contemptible, and before long fall
into disuse. Nothing, says he, would be left for them to do,
higher than to frame by-laws for empounding of cattle or the
yoking of hogs.

By the proposed plan, there are divers cases of judicial au-
thority to be given to the courts of the United States, besides
the two mentioned by Mr. Wilson. In maritime causes about
property, jury trial has not been usual; but in suits in equity^
with all due deference to Mr. Wilson'' s professional abilities,
(which he calls to his aid) jury trial, as to facts, is in full ex-
ercise. Will this jurisperitus say that if the question in equity
should be, did John Doe make a will, that the chancellor of
England would decide upon it ? He well knows that in this
case, there being no mode of jury trial before the chancellor,
the question would be referred to the court of king's bench
for discussion according to the common law, and when the
judge in equity should receive the verdict^ the fact so estab-
lished could never be re-examined or controverted. Mari-

582 Letters of CentineL No. II.

time causes and those appertaining to a court of equity, are,
however, but two of the many and extensive subjects of fed-
eral cognizance mentioned in the plan. This jurisdiction will
embrace all suits arising under the laws of impost, excise and
other revenue of the United States. In England if goods be
seized, if a ship be prosecuted for non-compliance with, or
breach of the laws of the customs, or those for regulating
trade, in the courts of exchequer, the claimant is secured of
the transcedent privilege of Englishmen, trial by a jury of
his peers. Why not in the United States of America? This
jurisdiction also goes to all cases under the laws of the United
States, that is to say, under all statutes and ordinances of
Congress. How far this may extend, it is easy to forsee; for
upon the decay of the state powers of legislation, in conse-
quence of the loss of the purse-strings^ it will be found neces-
sary for the federal legislature to make laws upon every
subject of legislation. Hence the state courts of justice, like
the barony and hundred courts of England, will be eclipsed
and gradually fall into disuse.

The jurisdiction of the federal court goes, likewise, to the
laws to be created by treaties, made by the President and
Senate (a species of legislation) with other nations; "to all
cases affecting foreign ministers and consuls; to controver-
sies wherein the United States shall be a party; to contro-
versies between citizens of different states," as when an in-
habitant of New York has a demand on an inhabitant of New
Jersey. This last is a very invidious jurisdiction, implying
an improper distrust of the impartiality and justice of the
tribunals of the states. It will include all legal debates be-
tween foreigners in Britain, or elsewhere, and the people of
this country. A reason hath been assigned for it, viz: "That
large tracts of land, in neighboring states, are claimed under
royal or other grants, disputed by the states where the
lands lie, so that justice cannot be expected from the state
tribunals." Suppose it were proper indeed to provide for
such cases, why include all cases, and for all time to come?
Demands as to land for 21 years would have satisfied this.
A London merchant shall come to America, and sue for his

Letters of Centinel. No. II. 583

supposed debt, and the citizen of this country shall be de-
prived of jury trial, and subjected to an appeal (tho' nothing
but the fact is disputed) to a court 500 or 1000 miles from
home; when if this American has a claim upon an inhabitant
of England, his adversary is secured of the privilege of jury
trial. This jurisdiction goes also to controversies between
any state and its citizens; which, though probably not in-
tended, may hereafter be set up as a ground to divest the
states, severally, of the trial of criminals; inasmuch as every
charge of felony or misdemeanor, is a controversy between
the state and a citizen of the same : that is to say, the state is
plaintiff and the party accused is defendant in the prose-
cution. In all doubts about jurisprudence, as was observed
before, the paramount courts of Congress will decide, and the
judges of the state, being sub graviore lege^ under the para-
mount law, must acquiesce.

Mr. Wilson says that it would have been impracticable to
have made a general rule for jury trial in the civil cases as-
signed to the federal judiciary, because of the want of uni-
formity in the mode of jury trial, as practiced by the several
states. This objection proves too much, and therefore
amounts to nothing. If it precludes the mode of common
law in civil cases, it certainly does in criminal. Yet in these
we are told "the oppression of government is effectually
barred by declaring that in all criminal cases trial by jury
shall be preserved." Astonishing that provision could not be
made for a jury in civil controversies of twelve men, whose
verdict should be unanimous, to be taken from the vicinage; a
precaution which is omitted as to trial of crimes, which may
be anywhere in the State within which they have been com-
mitted. So that an inhabitant of Kentucky may be tried for
treason at Richmond.

The abolition of jury trial in civil cases, is the more con-
siderable, as at length the courts of Congress will supersede
the state courts, when such mode of trial will fall into disuse
among the people of the United States.

The northern nations of the European continent have all
lost this invaluable privilege: Sweden^ the last of them, by

584 Letters of Centinel. No. II.

the artifices of the aristocratic senate, which depressed the
king and reduced the house of commons to insignificance.
But the nation a few years ago, preferring the absolute
authority of a monarch to the vexations domination of the
luell-borjt few, an end was suddenly put to their power.

"The policy of this right of juries, (says Judge Blackstone)
to decide upon fact^ is founded on this: That if the power of
judging were entirely trusted with the magistrates, or any
select body of men, named by the executive authority, their
decisions, in spite of their own natural integrity, would have
a bias towards those of their own rank and dignity ; for it is
not to be expected, that the feiv should be attentive to the
rights of the many. This therefore preserves in the hands of
the people, that share which they ought to have in the admin-
istration of justice, and prevents the encroachments of the
more powerful and wealthy citizens."

The attempt of governor Colden^ of New York, before the
Revolution, tore-examine they^r^/jr and re-consider the dama-
ges^ in the case of Forsey against Cunningham^ produced
about the year 1764 a flame of patriotic and successful opposi-
tion, that will not be easily forgotten.

To manage the various and extensive judicial authority,
proposed to be vested in Congress, there will be one or more
inferior courts immediately requisite in each State; and laws
and regulations must be forthwith provided to direct the judges
— here is a wide door for inconvenience to enter. Contracts
made under the acts of the States respectively, will come be-
fore courts acting under new laws and new modes of pro-
ceedings, not thought of when they were entered into. An
inhabitant of Pennsylvania residing at Pittsburgh, finds the
goods of his debtor, who resides in Virginia, within the
reach of his attachment; but no writ can be had to authorize
the marshal, sheriff, or other officer of Congress, to seize the
property, about to be removed, nearer than 200 miles: sup-
pose that at Carlisle, for instance, such a writ may be had,
meanwhile the object escapes. Or if an inferior court,
whose judges have ample salaries, be established in every
county, would not the expense be enormous? Every reader

Letters of CentineL No. II. 585

can extend in his imagination, the instant:es of difficulty
which would proceed from this needless interference with the
judicial rights of the separate States, and which as much as
any other circumstance in the new plan, implies that the
dissolution of their forms of government is designed.

Mr. Wilson skips very lightly over the danger apprehended
from the standing army allowed b}^ the new plan. This
grand machine of power and oppression, may be made a fatal
instrument to overturn the public liberties, especially as the
funds to support the troops may be granted for two years,
whereas in Britain, the grants ever since the revolution in
1688, have been from year to year. A standing army with
regular provision of pay and contingencies, would afford a
strong temptation to some ambitious man to step up into the
throne, and to seize absolute power. The keeping on foot
a hired military force "zv/ time of peace ^ ought not to be gone
into, unless two-thirds of the members of the federal legisla-
ture agree to the necessity of the measure, and adjust the
numbers employed. Surely Mr. Wilson is not serious when
he adduces the instance of the troops now stationed on the
Ohio, as a proof of the propriety of a standing army. They
are a mere occasional armament for the purpose of restraining
divers hostile tribes of savages. It is contended that under
the present confederation, Congress possess the power of rais-
ing armies at pleasure; but the opportunity which the States
severally have of withholding the supplies necessary to keep
these armies on foot, is a sufficient check on the present
Congress.

Mr. Wilson asserts, that never was charge made with less
reason, that that which predicts the institution of a baiiefitl
aristocracy in the federal Senate. In my first number, I
stated that this body would be a very unequal representation
of the several States, that the members being appointed for
the long term of six years, and there being no exclusion by
rotation, they might be continued for life, which, would fol-
low of course from their extensive means of influence, and
that possessing a considerable share in the executive as well
as legislative^ it would become a permanent aristocracy^ and
swallow up the other orders in the government.

586 Letters of Centinel. No. II.

That these fears are not imaginary, a knowledge of the
history of other nations, where the powers of government
have been injudiciously placed, will fully demonstrate. Mr.
Wilson says, "the senate branches into two characters; the
one legislative and the other executive. In its legislative char-
acter it can effect no purpose, without the co-operation of the
house of representatives, and in its executive character it can
accomplish no object without the concurrence of the presi-
dent. Thus fettered, I do not know any act which the senate
can of itself perform, and such dependence necessarily pre-
cludes every idea of influence and superiority." This I con-
fess is very specious, but experience demonstrates that checks
in government, unless accompanied with adequate power and
indepeiidejitly placed, prove 7nerely nominal^ and will be in-
operative. Is it probable, that the President of the United
States, limited as he is in power, and dependent on the will
of the senate, in appointments to office, will either have the
firmness or inclination to exercise his prerogative of a condi-
tional control upon the proceedings of that body, however in-
jurious they may be to the public welfare? It will be his in-
terest to coincide with the views of the senate, and thus be-
come the head of the aristocratic junto. The king of England
is a constitutent part in the legislature, but although an he-
reditary monarch, in possession of the whole executive power,
including the unrestrained appointment to offices, and an im-
mense revenue, enjoys but in name the prerogative of a nega-
tive upon the parliament. Even the king of England, cir-
cumstanced as he is, has not dared to exercise it for near a cen-
tury past. The check of the house of representatives upon
the senate will likewise be rendered nugatory for want of due
weight in the democratic branch, and from their constitution
they may become so independent of the people as to be indif-
ferent of its interests: nay, as Congress would have the con-
trol over the mode and place of their election, by ordering
the representatives of a zvhole state to be elected at one place,
and that too the most inconvenient.^ the ruling powers may
govern the choice.^ and thus the house of representatives may
be composed of the creatures of the senate. Still the sem-
blance of checks may remain, but without operation.

Letters of Centinel. No. II. 587

This mixture of the legislative and executive moreover
highly tends to corruption. The chief improvement in
government, in modern times, has been the complete separ-
ation of the great distinctions of power; placing the legislative
in different hands from those which hold the executive; and
again severing the j^idicial part from the ordinary admin-
istrative. "When the legislative and executive powers (says
Montesquieu) are united in the same person, or in the same
body of magistrates, there can be no liberty."

Mr. Wilson confesses himself not satisfied with the organ-
ization of the federal senate, and apologizes for it, by alleg-
ing a sort of compromise. It is well known that some mem-
bers of convention, apprized of the mischiefs of such a com-
pound of authority, proposed to assign the supreme executive
powers to the president and a small council, made personally
responsible for every appointment to office, or other act, by
having their opinions recorded; and that without the concur-
rence of the majority of the quorum of this council, the pres-
ident should not be capable of taking any step. Such a
check upon the chief magistrate would admirably secure the
power of pardoning, now proposed to be exercised by the
president alone, from abuse. For as it is placed he may
shelter the traitors whom he himself or his coadjutors in the
senate have excited to plot against the liberties of the nation.

The delegation of the power of taxation to Congress, as far
as duties on imported commodities, has not been objected to.
But to extend this to excises, and every species of internal
taxation, would necessarily require so many ordinances of
Congress, affecting the body of the people, as would perpetu-
ally interfere with the State laws and personal concerns of
the people. This alone would directly tend to annihilate the
particular governments; for the people fatigued with the
operation of two masters would be apt to rid themselves of
the weaker. But we are cautioned against being alarmed
with imaginary evils, for Mr. Wilson has predicted that the
great revenue of the United States will be raised by impost.
Is there any ground for this ? Will the impost supply the
sums necessary to pay the interest and principal of the foreign

5SS Letters of CentincL No. II.

loan, to defray tlie great additional expense of the new con-
stitution; for the policy of the new government will lead it
to institute numerous and lucrative civil offices, to extend its
influence and provide for the swarms of expectants (the
people having in fact no control upon its disbursements), and
to afford pay and support for the proposed standing army,
that darling and long-wished for object of the ivcll-born of
America; and which, if we may judge from the principles of
the intended government, will be no trifling establishment,
for cantonments of troops in every district of America will
be necessary to compel the submission of the people to the
arbitary dictates of the ruling powers? I say, will the impost
be adequate? By no means. To answer these there must be
excises and other indirect duties imposed, and as land taxes
will operate too equally to be agreeable to the wealthy aris-
tocracy in the senate who will be possessed of the government,
poll taxes ^n'\\\ be substituted, as provided for in the new plan;
for the doctrine then will be that slaves ought to pay for
wearing their heads.

As the taxes necessary for these purposes will drain your
pockets of every penny, what is to become of that virtuous
and meritorious class of citizens, the public creditors? How-
ever well disposed the people of the United States may be to
do them justice, it would not be in their power; and, after
waiting year after year., without prospect of the payment of
the interest or principal of the debt, they will be constrained
to sacrifice their certificates in the purchase of waste lands in
the far distant wilds of the western territory.

From the foregoing illustration of the powers proposed to
be devolved to Congress, it is evident that the general
government would necessarily annihilate the particular gov-
ernments, and that the security of the personal rights of the
people by the state constitutions is superseded and destroyed;
hence results the necessity of such security being provided
for by a bill of rights to be inserted in the new plan of federal
government. What excuse can we then make for the omis-
sion of this grand palladium, this barrier between liberty and
oppression? For universal experience demonstrates the

Letters of Centinel. No. IT. 589

necessity of the most express declarations and restrictions, to
protect the rights and liberties of mankind from the silent,
powerful and ever-active conspiracy of those who govern.

The new plan, it is true, does propose to secure the people
of the benefit of personal liberty by the habeas corpus^ and
trial by jury for all crimes, except in case of impeachment:
but there is no declaration, that all men have a natural and
unalienable right to worship Almighty God, according to the
dictates of their own consciences and understanding; and
that no man ought, or of right can be compelled to attend
any religious worship, or erect or support any place of wor-
ship, or maintain any ministry, contrary to, or against his
own free will and consent; and that no authority can or
ought to be vested in, or assumed by any power whatever,
that shall in any case interfere with, or in any manner con-
trol, the right of conscience in the free exercise of religious
worship: that the trial by jury in civil causes as well as
criminal, and the modes perscribed by the common law for
safety of life in criminal prosecutions, shall be held sacred;
that the requiring of excessive bail, imposing of excessive
fines and cruel and unusual punishments be forbidden; that
monoplies in trade or arts, other than to authors of books or
inventors of useful arts for a reasonable time, ought not to
be suffered ; that the right of the people to assemble peace-
ably for the purpose of consulting about public matters, and
petitioning or remonstrating to the federal legislature, ought
not to be prevented; that the liberty of the press be held
sacred; that the people have a right to hold themselves,
their houses, papers and possessions free from search or
seizure; and that therefore warrants without oaths or affir-
mations first made affording a sufficient foundation for them,
and whereb}'' any officer or messenger may be commanded or
required to search suspected places, or to seize any person or
his property, not particularly described, are contrary to that
right and ought not to be granted; and that standing armies
in time of peace are dangerous to liberty, and ought not to be
permitted but when absolutely necessary; all which is
omitted to be done in the proposed government.

590 Letters of Centinel. No. II.

But Mr. Wilsoji says, the new plan does not arrogate per-
fection, for it provides a mode of alteration and correction, if
found necessary. This is one among the numerous deceptions
attempted on this occasion. True, there is a mode prescribed
for this purpose. But it is barely possible that amendments
may be made. The fascination of power must first cease, the
nature of mankind undergo a revolution, that is not to be ex-
pected on this side of eternity. For to effect this (Art. 6) it
is provided, that if two-thirds of both houses of the federal
legislature shall propose them, or when two thirds of the
several States by their legislatures shall apply for them, the
federal assembly shall call a convention for proposing amend-
ments, which when ratified by three-fourths of the State
legislatures, or conventions, as Congress shall see best, shall
control and alter the proposed confederation. Does history
abound with examples of a voluntary relinquishment of
power, however injurious to the community? No; it would
require a general and successful rising of the people to effect
anything of this nature. The provision therefore is mere
sound.

The opposition to the new plan (says Mr. Wilson) proceeds
from interested men, viz., the officers of the state govern-
ments. He had before denied that the proposed transfer of
powers to Congress would annihilate the state governments.
But he here lays aside the masque, and avows the fact. For,
the truth of the charge against theju must entirely rest on
such consequence of the new plan. For if the state estab-
lishments are to remain unimpaired, why should officers
peculiarly connected with them, be interested to oppose, the
adoption of the new plan? Except the collector of the im-
post, judge of the admiralty, and the collectors of excise,
(none of whom have been reckoned of the opposition) they
would otherwise have nothing to apprehend. But the charge
is unworthy and may with more propriety be retorted on the
expectants of office and emolument under the intended
government.

The opposition is not so partial and interested as Mr.
Wilson asserts. It consists of a respectable yeomanry

Letters of Centinel. No. II. 591

throughout the union, of characters far removed above the
reach of his unsupported assertions. It comprises many
worthy members of the late convention, and a majority of
the present Congress, for a motion made in that honorable
body, for their approbation and recofnniendation of the new
plan, was after two days' animated discussion, prudently
withdrawn by its advocates, and a simple transmissioti^ of
the plan to the several states could only be obtained; yet
this has been palmed upon the people as the approbation of
Congress; and to strengthen the deception, the bells of the
city of Philadelphia were rung for a whole day.

Are Mr. W- ;?, and many of his coadjutors in the late

C n, the disinterested patriots they would have us be-
lieve? Is their conduct any recommendation of their plan of
government? View them the foremost and loudest on the
floor of Congress, in our assembly, at town meetings, in
sounding its eulogiums: — view them preventing investi-
gation and discussion, and in the most despotic manner en-
deavoring to compel its adoption by the people, with such
precipitancy as to preclude the possibility of a due consider-
ation, and then say whether the motives of these men can be
pure.

My fellow citizens, such false detestable patriots in every
nation, have led their blind confiding country, shouting their
applauses, into the jaws of despotism and ruin. May the
wisdom and virtue of the people ot America save them from
the usual fate of nations. Centinel.

* Upon the last motion being made, those who had strenuously and suc-
cessfully opposed Congress giving any countenance of approbation or rec-
ommendation to this system of oppression, said: "We have no objection to
transmit the new plan of government to the several states, that they may
have an opportunity of judging for themselves on so momentous a subject."
Whereupon it was unanimously agreed to, in the following words, viz :
Congress having received the report of the Convention latety assembled in
Philadelphia, resolved unanimously, that the said report, with the resolutions
and letter accompanying the same, be transmitted to the several legislatures,
in order to be submitted to a convention of delegates, chosen in each state
by the people thereof, in conformity to the resolves of the Convention, made
and provided in that case."

592 Letters of CentineL No. III. :

Centinei. No. III. *
To the PeopIvE of Pennsylvania.

John 3d, verse 2otli. — ^'For every one that doeth evit, hateth the lights
neither cometJi to the tight, test his deeds shoutd be 7'eproved.^^ But "there
is nothing covered that slialt not be revealed ; neither hid that shall not be
kftozun. Therefore wliatever ye have spoken in dartiness, shall be heard in
the tight : arid that which ye have spoken in the ear in closets, shall be pro-
claimed on the housetops.'' — St. Luke, chap, xii, 2d and 3d verses.

Friends^ Coinitrynien.^ and Fellow Citizens I

The formation of a good government is the greatest effort
of human wisdom, actuated by disinterested patriotism; but
such is the cursed nature of ambition, so prevalent among
men, that it would sacrifice everything to its selfish gratifica-
tion; hence the fairest opportunities of advancing the happi-
ness of humanity, are so far from being properly improved,
that they are too often converted by the votaries of power and
domination, into the means of obtaining their nefarious ends.
It will be the misfortune of America of adding to the number
of examples of this kind, if the proposed plan of government
should be adopted; but I trust, short as the time allowed you
for consideration is, you will be so fully convinced of the
truth of this, as to escape the impending danger; it is only
necessary to strip the monster of its assumed garb, and to ex-
hibit it in its native colours, to excite the universal abhor-
rence and rejection of every virtuous and patriotic mind.

For the sake of my dear country, for the honor of human
nature, I hope and am persuaded that the good sense of the
people will enable them to rise superior to the most formida-
ble conspiracy against the liberties of a free and enlightened
nation, that the world has ever witnessed. How glorious
would be the triumph! How it would immortalize the pres-
ent generation in the annals of freedom!

The establishment of a government, is a subject of such
momentous and lasting concern, that it should not be gone
into without the clearest conviction of its propriety, which
can only be the result of the fullest discussion, the most

*From "The Independent Gazetteer, or, The Chronicle of Freedom,"
Nov. 8, 1787.

Letters of Centinel. No. III. 593

thorough investigation and dispassionate consideration of its
nature, principles and construction. You are now called
upon to make this decision, which involves in it not only
your fate, but that of your posterity for ages to come. Your
determination will either ensure the possession of those bless-
ings which render life desirable, or entail those evils which
make existence a curse: that such are the consequences of a
wise or improper organization of government, the history of
mankind abundantly testifies. If you viewed the magnitude
of the object in its true light, you would join with me in
sentiment, that the new government ought not to be implic-
itly admitted. Consider then duly before you leap, for after
the Rubicon is once passed, theie will be no retreat.

If you were even well assured that the utmost purity of in-
tention predominated in the production of the proposed gov-
ernment, such is the imperfection of human reason and
knowledge, that it would not be wise in you to adopt it with
precipitation in toto, for all former experience must teach
you the propriety of a revision on such occasions, to correct
the errors, and supply the deficiencies that may appear nec-
essary. In every government whose object is the public wel-
fare, the laws are subjected to repeated revisions, in some by
different orders in the governments, in others by an appeal to
the judgment of the people and deliberative forms of proce-
dure. A knowledge of this, as well as of other states, will
show that in every instance where a law has been passed
without the usual precautions, it has been productive of great
inconvenience and evils, and frequently has not answered the
end in view, a supplement becoming necessary to supply its
deficiencies.

What then are we to think of the motives and designs of
those men who are urging the implicit and immediate adop-
tion of the proposed government; are they fearful, that if you
exercise your good sense and discernment, you will discover
the masqued aristocracy, that they are attempting to smuggle
upon you under the suspicious garb of republicanism? When
we find that the principal agents in this business are the very
men who fabricated the form of government, it certainly
38

594 Letters of Centmel. No. III.

ought to be conclusive evidence of their invidious design to
deprive us of our liberties. The circumstances attending this
matter, are such as should in a peculiar manner excite your
suspicion; it might not be useless to take a review of some of
them.

In many of the states, particularly in this and the northern
states, there are aristocratic juntos of the well-born fezv^ who
had been zealously endeavoring since the establishment of
their constitutions, to humble that offensive zipstai-t^ equal
liberty ; but all their efforts were unavailing, the ill-bred
cJuirl obstinately kept his assumed station.

However, that which could not be accomplished in the
several states, is now attempting through the medium of the
future Congress. Experience having shown great defects in
the present confederation, particularly i-n the regulation of
commerce and maritime affairs; it became the universal wish
of America to grant further powers, so as to make the federal
government adequate to the ends of its institution. The
anxiety on this head was greatly increased, from the impover-
ishment and distress occasioned by the excessive importations
of foreign merchandise and luxuries and consequent drain of
specie, since the peace: thus the people were in the disposi-
tion of a drowning man; eager to catch at anything that
promised relief, however delusory. Such an opportunity for
the acquisition of undue power has never been viewed with
indifference by the ambitious and designing in any age or
nation, and it has accordingly been too successfully improved
by such men among us. The deputies from this state (with
the exception of two) and most of those from the other states
in the union, were unfortunately of this complexion, and
many of them of such superior endowmenti;, that in an ex parte
disussion of the subject by specious glosses, they have gained
the concurrence of some well disposed men, in whom their
country has great confidence, which has given a great sanc-
tion to their scheme of power.

A comparison of the authority under which the convention
acted, and their form of government, will show that they
have despised their delegated power, and assumed sove-

Letters of Centinel. No. III. 595

reio-nty ; that they have entirely annihilated the old confedera-
tion, and the particular governments of the several States,
and instead thereof have established one general government
that is to pervade the union; constituted on the most 2in-
equal principles, destitute of accountability to its constituents,
and as despotic in its nature, as the Venetian aristocracy; a
government that will give full scope to the magnificent
designs of the well-born., a government where tyranny may
glut its vengeance on the lozv-bom^ unchecked by an odious
bill of rights., as has been fully illustrated in my two preced-
ing numbers; and yet as a blind upon the understandings of
the people, they have continued the forms of the particular
governments, and termed the whole a confederation of the
United States, pursuant to the sentiments of that profound,
but corrupt politician Machiavel, who advises any one who
would change the constitution of a State to keep as much as
possible to the old forms; for then the people seeing the
same officers, the same formalities, courts of justice and other
outward appearances, are insensible of the alteration, and be-
lieve themselves in possession of their old government.
Thus Caesar, when he seized the Roman liberties, caused
himself to be chosen dictator (which was an ancient office)
continued the senate, the consuls, the tribunes, the censors,
and all other offices and forms of the commonwealth ; and
yet changed Rome from the most free, to the most tyrannical
government in the world.

The convention, after vesting all the great and efficient
powers of sovereignty in the general government, insidiously
declare by section 4th of article 4th, " that the United States
shall guarantee to every State in this union, a republican
forvi of government ; ' ' but of what avail will be the for7n.,
without the reality of freedom ?

The late convention, in the majesty of its assumed omnipo-
tence, have not even condescended to submit the plan of the
new government to the confederation of the people, the true
source of authority; but have called upon them by their sev-
eral constitutions, to 'assent to and ratify'* in toto, what

*See resolution of Convention accompanying the instrument of the pro-
posed government.

296 Letters of Centinel. No. III.

they have been pleased to decree; just as the grand monarque
of France requires the parliament of Paris to register his
edicts without revision or alteration, which is necessary pre-
vious to their execution.

The authors and advocates of the new plan, conscious that
its establishment can only be obtained from the ignorance of
the people of its true nature, and their unbounded confidence
in some of the men concurring, have hurried on its adoption
with a precipitation that betrays their design ; before many
had seen the new plan, and before any had time to examine
it, they by their ready minions, attended by some well-dis-
posed but mistaken persons, obtained the subscriptions of the
people to papers expressing their entire approbation of, and
their wish to have it established ; thus precluding them from
any consideration; but lest the people should discover the
juggle, the elections of the State conventions are urged on
at very early days: the proposition of electing the convention
for this State in nine days after the date of the resolution for
all counties east of Bedford, and supported by three or four
of the deputies of the convention, and who were also mem-
bers of the then assembly, is one of the most extravagant in-
stances of this kind; and even this was only prevented by
the secession of nineteen virtuous and enlightened members.*

*The message of tlie President and Council, sent into the present General
Assembly on the 27th of October last, discloses another imposition. The
Board sent to the House the official transmission of the proposed constitu-
tion of the United States, inclosed in a letter from the President of Congress,
which proves that the paper produced to the last House on the day before
the final rising of the same, was a surreptitious copy of the vote of Congress,
obtained for the purpose of deluding the Legislature into the extravagance
of directing an election of Convention within 7iine days.

The provision made by the Convention of Pennsylvania, which sat in 1776
for amending the constitution, is guarded with admirable wisdom and cau-
tion. A Council of Censors is to be holden every seven years, which shall
have power (two-thirds of the whole number elected agreeing) to propose
amendments of the same government, and to call a Convention to adopt and
establish these propositions; bi;t the alterations must be " promulgated a^
least six months before the day appointed for the eledioti of such Conven-
tion, for the previous consideration of the people, that they may have an
opportunity of instructing their delegates on the subject." The present
measures explain the conduct of a certain party of the Censors, who sat in

Letters of Centinel. No. III. ^(^n

In order to put the matter beyond all recall, they have
proceeded a step further; they have made the deputies nom-
inated for the state convention for this city and elsewhere,
pledge their sacred honor, previous to their election, that
they would implicitly adopt the proposed government in
toto. Thus, short as the period is before the final fiat is to be
given, consideration is rendered nugatory, and conviction of
its dangers or impropriety unavailable. A good cause does
not stand in need of such means; it scorns all indirect ad-
vantages and borrowed helps, and trusts alone to its own
native merit and intrinsic strength: the lion is never known
to make use of cunning, nor can a good cause suffer by a free
and thorough examination — it is knavery that seeks disguise.
Actors do not care that any one should look into the tiring
room, nor jugglers or sharpers into their hands or boxes.

Every exertion has been made to suppress discussion by
shackling the press; but as this could not be effected in this
state, the people were warned not to listen to the adversaries
of the proposed plan, lest they should impose upon them, and
thereby prevent the adoption of this blessed government.
What figure would a lawyer make in a court of justice, if he
should desire the judges not to hear the counsel of the other
side, lest they should perplex the cause and mislead the court?
Would not every bystander take it for granted, that he was
conscious of the weakness of his client's cause, and that it
could not otherwise be defended than by not being under-
stood ?

All who are friends to liberty are friends to reason, the
champions of liberty; and none are foes to liberty but those
who have truth and reason for their foes. He who has dark
purposes to serve, must use dark means: light would discover
him, and reason expose him: he must endeavor to shut out
both, and make them look frightful by giving them ill
names.

Liberty only flourishes where reason and knowledge are

1784 (much fewer than two-thirds of the whole), that proposed to abolish
the 47th article of the constitution, whereby the manner of amending the
same was regulated.

^^8 Letters of CentineL No. III.

encouraged: and whenever the latter are stifled, the former
is extinguished. In Turkey printing is forbid, enquiry is
dangerous, and free speaking is capital; because they are all
inconsistent with the nature of the government. Hence it is
that the Turks are all stupidly ignorant and are all slaves.

I shall now proceed in the consideration of the construction
of the proposed plan of government. By section 4th of article
ist of the proposed government it is declared, "that the
times, places, and manner of holding elections for senators
and representatives shall be prescribed in each State by the
legislature thereof; but the Congress may at any time by law
make or alter such regulations except as to the place of choos-
ing senators.'''' Will not this section put it in the power of
the future Congress to abolish the suffrage by ballot, so indis-
pensable in a free government? Montesquieu in his Spirit of
Laws, vol. I, page 12, says "that in a democracy there can be
no exercise of sovereignty, but by the suffrages of the people,
which are their will; now the sovereign's will is the sovereign
himself. The laws therefore which establish the right of
suffrage, are fundamental to this government. In fact it is
as important to regulate in a republic, in what manner, by
whom, and concerning what, suffrages are to be given, as it
is in a monarchy to know who is the Prince and after what
manner he ought to govern." This valuable privilege of
voting by ballot ought not to rest on the discretion of the
government, but be irrevocably established in the constitu-
tion.

Will not the above quoted section also authorize the future
Congress to lengthen the terms for which the senators and
representatives are to be elected, from 6 and 2 years respec-
tively, to any period, even for life ? — as the parliament of
England voted themselves from triennial to septinnial; and
as the long parliament under Charles the ist became per-
petual ?

Section Sth of article ist, vests Congress with power "to
provide for calling forth the militia to execute the laws of the
union, suppress insurrections and repel invasions; to provide
for organizing, arming, and disciplining the militia, and for

Letters of Centinel. No. III. 299

governing such part of them as may be employed in the ser-
vice of the United States, reserving to the States respectively,
the appointment of the officers, and. the authority of training
the militia according to the discipline prescribed by Con-
gress." This section will subject the citizens of these States
to the most arbitary military discipline: even dea-th may be
inflicted on the disobedient; in the character of militia, you
may be dragged from your families and homes to any part of
the continent and for any length of time, at the discretion of
the future Congress; and as militia you may be made the
unwilling instruments of oppression, under the direction of
government; there is no exemption upon account of consci-
entious scruples of bearing arms, no equivalent to be re-
ceived in lieu of personal services. The militia of Pennsyl-
vania may be marched to Georgia or New Hampshire, how-
ever incompatible with their interests or consciences; in short,
they may be made as mere machines as Prussian soldiers.

Section the 9th begins thus: — "The migration or impor-
tation of such persons as any of the states, now existing, shall
think proper to admit, shall not be prohibited by Congress,
prior to the year 1808, but a duty or tax may be imposed on
such importation, not exceeding ten dollars for each person."
And by the fifth article this restraint is not to be removed by
any future convention. We are told that the objects of this
article are slaves, and that it is inserted to secure to the
southern states the right of introducing negroes for twenty-
one years to come, against the declared sense of the other
states to put an end to an odious traffic in the human species,
which is especially scandalous and inconsistent in a people,
who have asserted their own liberty by the sword, and which
dangerously enfeebles the districts wherein the laborers are
bondsmen. The words, dark and ambiguous, such as no
plain man of common sense would have used, are evidently
chosen to conceal from Europe, that in this enlightened
country, the practice of slavery has its advocates among men
in the highest stations. When it is recollected that no poll
tax can be imposed on five negroes, above what three whites
shall be charged; when it is considered, that the imposts on

6oo Letters of Centinel. No. III.

the consumption of Carolina field negroes must be trifling,
and the excise nothing, it is plain that the proportion of con-
tributions, which can be expected from the southern states
under the new constitution, will be unequal, and yet they are
to be allowed to enfeeble themselves by the further impor-
tation of negroes till the year 1808. Has not the concurrence
of the five southern states (in the convention) to the new
system, been purchased too dearly by the rest, who have
undertaken to make good their deficiences of revenue, oc-
casioned by their wilful incapacity, without an equivalent?

The general acquiescence of one description of citizens in
the proposed government, surprises me much ; if so many of
the Quakers have become indifferent to the sacred rights of
conscience, so amply secured by the constitution of this com-
monwealth ; if they are satisfied to rest this inestimable priv-
ilege on the discretion of the future government; yet in a
political light they are not acting wisely: in the state of
Pennsylvania, they form so considerable a portion of the
community, as must ensure them great weight in the govern-
ment ; but in the scale of general empire, they will be lost in
the balance.

I intended in this number to have shown from the nature
of things, from the opinions of the greatest writers and from
the peculiar circumstances of the United States, the imprac-
ticability of establishing and maintaining one government on
the principles of freedom in so extensive a territory; to have
shown, if practicable, the inadequacy of such government
to provide for its many and various concerns; and also to have
shown that a confederation of small republics, possessing all
the powers of internal government, and united in the man-
agement of their general and foreign concerns, is the only
system of government by which so extensive a country can
be governed consistent with freedom: but a writer under the
signature of Brutus, in the New York paper, which has been
re-published by Messrs. Dunlap and Claypoole, has done this
in so masterly a manner, that it would be superfluous in me
to add anything on this subject.

My fellow citizens, as a lover of my country, as the friend

Letters of Centinel. No. IV. 6oi

to mankind, whilst it is yet safe to write, and whilst it is yet
in your power to avoid it, I warn you of the impending dan-
ger. To this remote quarter of the world has liberty fled.
Other countries now subject to slavery, were once as free as
we yet are ; therefore for your own sakes, for the sake of your
posterity, as well as for that of the oppressed of all nations,
cherish this remaining asylum of liberty.

Centinel.
Philadelphia, November 5th, 1787.

Centinel No. IV.*

To the People of Pennsylvania. FiHends^ Countrymen
and Fellow Citizens^

That the present confederation is inadequate to the objects
of the union, seems to be universally allowed. The only
question is, what additional powers are wanting to give due
energy to the federal government ? We should, however, be
careful, in forming our opinion on this subject, not to impute
the temporary and extraordinary difficulties that have hitherto
impeded the execution of the confederation, to defects in the
system itself. Taxation is in every government a very deli-
cate and difficult subject; hence it has been the policy of all
wise statesmen, as far as circumstances permitted, to lead the
people by small beginnings and almost imperceptible degrees,
into the habits of taxation; where the contrary conduct has
been pursued, it has ever failed of full success, not unfre-
quently proving the ruin of the projectors. The imposing of
a burdensome tax at once on a people, without the usual
gradations, is the severest test that any government can be
put to; despotism itself has often proved unequal to the at-
tempt. Under this conviction, let us take a review of our
situation before and since the revolution. From the first set-
tlement of this country until the commencement of the late
war, the taxes were so light and trivial as to be scarcely felt
by the people; when we engaged in the expensive contest with
Great Britain, the Congress, sensible of the difficulty of levy-

*From "The Independent Gazetteer; or, The Chronicle of Freedom."
Nov. 30, 1787.

6o2 Letters of Ceiitinel. No. IV.

iiig the moneys necessar)' to its support, by direct taxation
had resource to an anticipation of the public resources, by
emitting bills of credit, and thus postponed the necessity of
taxation for several years; this means was pursued to a most
ruinous length; but about the year 80 or 8i, it was wholly
exhausted, the bills of credit had suffered such a depreciation
from the excessive quantities in circulation, that they ceased
to be useful as a medium. The country at this period was
very much impoverished and exhausted; commerce had been
suspended for near six years; the husbandman, for want of a
market, limited his crops to his own subsistence; the frequent
calls of the militia and long continuance in actual service,
the devastations of the enemy, the subsistence of our own
armies, the evils of the depreciation of the paper money,
which fell chiefly upon the patriotic and virtuous part of the
community, had all concurred to produce great distress
throughout America. In this situation of affairs, we still had
the same powerful enemy to contend with, who had even
more numerous and better appointed armies in the field than
at any former time. Our allies were applied to in this exi-
gence, but the pecuniary assistance that we could procure
from them was soon exhausted; the only resource now re-
maining was to obtain by direct taxation, the moneys neces-
sary for our defence. The history of mankind does not furnish
a similar instance of an attempt to levy such enormous taxes
at once, of a people so wholly imprepared and uninured to
them — the lamp of sacred liberty must indeed have burned
with unsullied lustre, every sordid principle of the mind must
have been then extinct, when the people not only submitted
to the grievous impositions, but cheerfully exerted themselves
to comply with the calls of their country; their abilities, how-
ever, were not equal to furnish the necessary sums — indeed
the requisition of the year 1782, amounted to the whole in-
come of their farms and other property, including the means
of their subsistence; perhaps the strained exertions of two
years, would not have sufficed to the discharge of this requi-
sition; how then can we impute the difficulties of the people
to a due compliance with the requisitions of Congress, to a

Letters of Centinel. No. IV. 603

defect in the confederation? for any government, however
energetic, in similar circumstances, would have experienced
the same fate. If we review the proceedings of the States, we
shall find that they gave every sanction and authority to the
requisitions of Congress that their laws could confer, that
they attempted to collect the sums called for in the same
manner as is proposed to be done in future by the general
government, instead of the State legislatures.

It is a maxim that a government ought to be cautious not
to govern over much, for when the cord of power is drawn
too tight, it generally proves its destruction. The impractica-
bility of complying with the requisitions of Congress has les-
sened the sense of obligation and duty in the people, and thus
weakened the ties of the union; the opinion of power in a
free government is much more efficacious than the exercise of
it; it requires the maturity of time and repeated practice to
give due energy and certainty to the operations of govern-
ment, especially to such as affect the purses of the people.

The thirteen Swiss Cantons, confederated by more general
and weaker ties than these United States are by the present
articles of confederation, have not experienced the necessity
of strengthening their union by vesting their general diet
with further or greater powers; this national body has only
the management of their foreign concerns, and in case of a
war can only call by requisition on the several Cantons for
the necessary supplies, who are sovereign and independent in
every internal and local exercise of government — and yet
this rope of sand, as our confederation has been termed,
which is so similar to that, has held together for ages with-
out any apparent chasm.

I am persuaded that a due consideration will evince, that
the present inefficacy of the requisitions of Congress is not
owing to a defect in the confederation, but the peculiar cir-
cumstances of the times.

The wheels of the general government having been thus
clogged, and the arrearages of taxes still accumulating, it
may be asked what prospect is there of the government re-
suming its proper tone, unless more compulsory powers are

6o4 Letters of Cefitmel. N'o. IV.

granted? To this it may be answered, that the produce of
imposts on commerce, which all agree to vest in Congress,
together with the immense tracts of land at their disposal,
will rapidly lessen and eventually discharge the present in-
cumbrances; when this takes place, the mode by requisition
will be found perfectly adequate to the extraordinary exigen-
cies of the union. Congress have lately sold land to the
amount of eight millions of dollars, which is a considerable
portion of the whole debt.

It is to be lamented that the interested and designing have
availed themselves so successfully of the present crisis, and
under the specious pretence of having discovered a panacea
for all the ills of the people, they are about establishing a
system of government, that will prove more destructive to
them than the wooden horse filled with soldiers did in
ancient times to the city of Troy : this horse was introduced
by their hostile enemy the Grecians, by a prostitution of the
sacred rites of their religion; in like manner, my fellow
citizens, are aspiring despots among yourselves prostituting
the name of a Washington to cloak their designs upon your
liberties.

I would ask how is the proposed government to shower
down those treasures upon every class of citizens, as is so in-
dustriously inculcated and so fondly believed? Is it by the
addition of numerous and expensive establishments? Is it
by doubling our judiciaries, instituting federal courts in
every county of every State? Is it by a superb presidential
court? Is it by a large standing army? In short, is it by
putting it in the power of the future government to levy
money at pleasure, and placing this government so indepen-
dent of the people as to enable the administration to gratify
every corrupt passion of the mind, to riot on your spoils,
without check or control?

A transfer to Congress of the power of imposing imposts
on commerce and the unlimited regulation of trade, I believe
is all that is wanting to render America as prosperous as it is
in the power of any form of government to render her; this
properly understood would meet the views of all the honest
and well-meaning.

Letters of Ce^itinel. No. IV. 605

What gave birth to the late Continental Convention? Was
it not the situation of our commerce, which lay at the mercy
of every foreign power, who from motives of interest or
enmity could restrict and control it, without risking a re-
taliation on the part of America, as Congress was impotent
on this subject? Such indeed was the case with respect to
Britain, whose hostile regulations gave such a stab to our
navigation as to threaten its annihilation: it became the in-
terest of even the American merchant to give a preference to
foreign bottoms; hence the distress of our seamen, ship-
wrights, and every mechanic art dependent on navigation.

By these regulations too we were limited in markets for
our produce; our vessels were excluded from their West India
Islands, many of our staple commodities were denied en-
trance in Britain; hence the husbandmen were distressed by
the demand for their crops being lessened and their prices re-
duced. This is the source to which may be traced every evil
we experience, that can be relieved by a more energetic gov-
ernment. Recollect the language of complaint for years
past, compare the recommendations of Congress founded on
such complaints, pointing out the remedy, examine the rea-
sons assigned by the different States for appointing delegates
to the late Convention, view the powers vested in that body ;
they all harmonize in one sentiment, that the due regulation
of trade and navigation was the anxious wish of every class
of citizens, was the great object of calling the Convention.

This object being provided for by the proposed Constitu-
tion, the people overlook and are not sensible of the needless
sacrifice they are making for it. Of what avail will be a
prosperous state of commerce, when the produce of it will be
at the absolute disposal of an arbitrary and unchecked gov-
ernment, who may levy at pleasure the most oppressive
taxes ; who may destroy every principle of freedom ; and may
even destroy the privilege of complaining.
• If you are in doubt about the nature and principles of the
proposed government, view the conduct of its authors and
patrons: that affords the best explanation, the most striking
comment.

6o6 Letters of Centhiel. No. IV.

The evil genius of darkness presided at its birth, it came
forth under the veil of mystery, its true features being care-
fully concealed, and every deceptive art has been and is
practising to have this spurious brat received as the genuine
offspring of heaven-born liberty. So fearful are its patrons
that you should discern the imposition, that they have
hurried on its adoption, with the greatest precipitation; they
have endeavored also to preclude all investigation, they have
endeavored to intimidate all opposition; by such means as
these, have they surreptitiously procured a Convention in
this State, favorable to their views; and here again investi-
gation and discussion are abridged, the final question is
moved before the subject has been under consideration, an
appeal to the people is precluded even in the last resort, lest
their eyes should be opened; the Convention have denied the
minority the privilege of entering the reasons of their dissent
on its journals. Thus despotism is already triumphant, and
the genius of liberty is on the eve of her exit, is about bid-
ding an eternal adieu to this once happy people.

After so recent a triumph over British despots, after such
torrents of blood and treasure have been spent, after involving
ourselves in the distresses of an arduous war, and incurring
such a debt for the express purpose of asserting the rights of
humanity; it is truly astonishing that a set of men among
ourselves should have the effrontery to attempt the destruc-
tion of our liberties. But in this enlightened age to hope to
dupe the people by the arts they are practicing is still more
extraordinary.

How do the advocates of the proposed government combat
the objections urged against it? Not even by an attempt to
disprove them, for that would the more fully confirm their
truth; but by a species of reasoning that is very congenial to
that contempt of the understandings of the people that they
so eminently possess, and which policy cannot even prevent
frequent ebullitions of. They seem to think that the oratory
and fascination of great names and mere sound will suffice to
ensure success; that the people may be diverted from a con-
sideration of the merits of the plan by bold assertions and

Letters of Centhtel. No. IV. 607

mere declamation. Some of their writers, for instance, paint
the distresses of every class of citizens with all the glowing'
language of eloquence, as if this was a demonstration of the
excellence, or even the safety of the new plan, which, not-
withstanding the reality ot this distress, may be a system of
tyranny and oppression. Other writers tell you of the great
men who composed the late convention, and give you a pom-
pous display of their virtues instead of a justification of the
plan of government; and others again urge the tyrant's plea,
they endeavor to make it a case of necessity, now is the crit-
ical moment, they represent the adoption of this government
as our only alternative, as the last opportunity we shall have
of peaceably establishing a government; they assert it to be
the best system that can be formed, and that if we reject it,
we will have a worse one or none at all; nay, that if we pre-
sume to propose alterations, we shall get into a labyrinth of
difficulties from which we cannot be extricated, as no two
states will agree in amendments; that therefore it would in-
volve us in irreconcilable discord. But they all sedulously
avoid the fair field of argument, a rational investigation into
the origination of the proposed government. I hope the
good sense of the people will detect the fallacy of such con-
duct, will discover the base juggle, and with becoming reso-
lution resent the imposition.

That the powers of Congress ought to be strengthened, all
allow: but is this a conclusive proof of the necessity to adopt
the proposed plan? is it a proof that because the late conven-
tion, in the first essay upon so arduous and difficult a subject,
harmonized in their ideas, that a future convention will not,
or that after a full investigation and mature consideration of
the objections, they will not plan a better government and
one more agreeable to the sentiments of America, or is it any
proof that they can never again agree in any plan ? The late
convention must indeed have been inspired, as some of its
advocates have asserted, to admit the truth of these positions,
or even to admit the possibility of the proposed government
being such a one as America ought to adopt; for this body
went upon original ground, foreign from their intentions or

6o8 Letters of Centinel. No. V.

powers; they must therefore have been wholly uninformed of
the sentiments of their constituents in respect to this form of
government, as it was not in their contemplation when the
convention was appointed to erect a new government, but to
strengthen the old one. Indeed, they seem to have been de-
termined to monopolize the exclusive merit of the discovery
or rather as if darkness was essential to its success they pre-
cluded all communication with the people, by closing their
doors; thus the well-disposed members, unassisted by public
information and opinion, were induced by those arts that are
now practicing on the people, to give their sanction to this
system of despotism.

Is there any reason to presume that a new convention will
not agree upon a better plan of government ? Quite the con-
trary, for perhaps there never was such a coincidence on any
occasion as on the present. The opponents to the proposed
plan at the same time in every pai:t of the continent, har-
monized in the same objections; such an uniformity of opposi-
tion is without example, and affords the strongest demonstra-
tion of its solidity. Their objections too are not local, are
not confined to the interests of any one particular State to the
prejudice of the rest, but with a philanthropy and liberality
that reflects lustre on humanity, that dignifies the character
of America, they embrace the interests and happiness of the
whole Union. They do not even condescend to minute blem-
ishes, but show that the main pillars of the fabric are bad,
that the essential principles of liberty and safety are not to be
found in it, that despotism will be the necessary and inevita-
ble consequence of its establishment. Centinel.

Centinei-, No. v.*

To the People of Pennsylvania. Friends, Countrymen^
mid Fellow Citizens.

Mr. Wilson in a speech delivered in our Convention on
Saturday the 24th instant, has conceded, nay forcibly
proved, that one consolidated government will not answer

*From "The Independent Gazetteer, or The Chronicle of Freedom."
Dec. 4, 1787.

Letters of Centinel. No. V. 609

for so extensive a territory as the United States includes,
that slavery would be the necessary fate of the people under
such a government. His words are so remarkable that I can-
not forbear reciting them: they are as follows, viz., "The
extent of country for which the new constitution was re-
quired, produced another difficulty in the business of the
federal convention. It is the opinion of some celebrated
writers, that to a small territory the democratical, to a mid-
dling territory (as Montesquieu has termed it) the monarchi-
cal, and to an extensive territory the despotic form of govern-
ment, is best adapted. Regarding then, the wide and
almost unbounded jurisdiction of the United States, at first
view, the hand of despotism seemed necessary to control,
connect, and protect it; and hence the chief embarrassment
rose. For, we knew that, although our constituents would
cheerfully submit to the legislative restraints of a free gov-
ernment, they would spurn at every attempt to shackle them
with despotic power." See page 5* of the printed speech.
And again in page 7,t he says "Is it probable that the disso-
lution of the State governments, and the establishment of one
consolidated empire, would be eligible in its nature, and sat-
isfactory to the people in its administration? I think not, as
I have given reasons to show that so extensive a territory
could not be governed, connected, and preserved, but by the
supremacy of despotic power. All the exertions of the most
potent emperors of Rome were not capable of keeping that
empire together, which, in extent, was far inferior to the
dominion of America."

This great point having been now confirmed by the con-
cession of Mr. Wilson, though indeed it was self-evident be-
fore, and the writers against the proposed plan of govern-
ment having proved to demonstration, that the powers pro-
posed to be vested in Congress will necessarily annihilate
and absorb the State Legislatures and judiciaries, and produce
from their wreck one consolidated government, the question
is determined. Every man therefore who has the welfare of

*See page 220 of this volume,
t Ibid.
39

6io Letters of CentineL No. V.

his country at heart, every man who values his own liberty
and happiness, in short, every d-escription of persons, except
those aspiring despots who hope to benefit by the misery
and vassalage of their countrymen, must now concur in re-
jecting the proposed system of government, must now unite
in branding its authors with the stigma of eternal infamy.
The anniversary of this great escape from the fangs of des-
potism ought to be celebrated as long as liberty shall con-
tinue to be dear to the citizens of America.

I will repeat some of my principal arguments, and add
some further remarks on the subject of consolidation:

The Legislature is the highest delegated power in govern-
ment; all others are subordinate to it. The celebrated
Montesquieu established it as a maxim, that legislation
necessarily follows the power of taxation. By the 8th sect,
of article the ist, of the proposed government, "the Congress
are to have power to lay and collect taxes, duties, imposts,
and excises, to pay the debts and provide for the common
defence and general welfare of the United States." Now
what can be more comprehensive than these words? Every
species of taxation, whether external or internal, is included.
Whatever taxes, duties, and excises that the Congress may
deem necessary to the general welfare may be imposed on
the citizens of these states, and levied by their officers. The
Congress are to be the absolute judges of the propriety of such
taxes; in short, they may construe every purpose for which
the state legislatures now lay taxes, to be for the general wel-
fare; they may seize upon every source of taxation, and thus
make it impracticable for the states to have the smallest reve-
nue, and if a state should presume to impose a tax or excise
that would interfere with a federal tax or excise, Congress
may soon terminate the contention by repealing the state law,
by virtue of the following section: "To make all laws which
shall be necessary and proper for carrying into execution the
foregoing powers and all other powers vested by this consti-
tution in the government of the United States, or in any de-
partment thereof." Indeed, every law of the states may be
controlled by this power. The legislative power granted for

Letters of Centinel.' No. V. 6ii

these sections is so unlimited in its nature, may be so compre-
hensive and boundless in its exercise, that this alone would be
amply sufficient to carry the coup de grace to the state govern-
ments, to swallow them up in the grand vortex of general
empire. But the legislative has an able auxiliary in the judi-
cial department, for a reference to my second number will
show that this may be made greatly instrumental in effecting
a consolidation; as the federal judiciary would absorb all
others. Lest the foregoing powers should not sufhce to con-
solidate the United States into one empire, the Convention, as
if determined to prevent the possibility of a doubt, as if to
prevent all clashing by the opposition of state powers, as if to
preclude all struggle for state importance, as if to level all
obstacles to the supremacy of universal sway, which in so ex-
tensive a territory would be an iron-handed despotism, have
ordained by article the 6th, "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; a?td the judges in every state shall be bound
thereby.^ anything in the constitution or laws of ajty state to
the contrary notwithstanding. ' '

The words " pursuant to the constitution " will be no re-
striction to the authority of Congress; for the foregoing sec-
tions give them unlimited legislation; their unbounded power
of taxation does alone include all others, as whoever has the
purse-strings will have full dominion. But the convention
has superadded another power, by which the Congress may
stamp with the sanction of the constitution every possible
law; it is contained in the following clause: "To make all
laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested
by this constitution in the government of the United States,
or in any department or officer thereof." Whatever law
Congress may deem necessary and proper for carrying into
execution any of the powers vested in them may be enacted;
and by virtue of this clause, they may control and abrogate
any and every of the laws of the State governments, on the

6i2 Letters of Centinel. No. V.

allegation that they interfere with the execution of any of
their powers, and yet these laws will " be made in pursuance
of the constitution," and of course will "be the supreme
law of the land, and the judges in every State shall be bound
thereby, anything in the constitution or laivs of any state to
the contrary notwithstanding."

There is no reservation made in the whole of this plan iu
favor of the rights of the separate States. In the present plan
of confederation, made in the year 1778, it was thought nec-
essary by article the 2d to declare that ' ' each State retains
its sovereignty, freedom and independence, and every power,
jurisdiction and right, which is not by this confederation
expressly delegated to the United States in Congress as-
sembled." Positive %r2i\\\. was not t/ien thought suflEiciently
descriptive and restrictive upon Congress, and the omission
of such a declaration now, when such great devolutions of
power are proposed, manifests the design of consolidating the
States.

What restriction does Mr. Wilson pretend there is in the
new constitution to the supremacy of despotic sway over the
United States ? What barrier does he assign for the security
of the State governments ? Why truly, a mere cobweb of a
limit! by interposing the shield of what will become mere
form, to check the reality of power. He says, that the exis-
tence of the State governments is essential to the organiza-
tion of Congress, that the former is made the necessary basis
of the latter, for the federal senators and President are to be
appointed by the State legislatures; and that hence all fears
of a consolidation are groundless and imaginary. It must be
confessed as reason and argument would have been foreign to
the defence of the proposed plan of government, Mr. Wilson
has displayed much ingenuity on this occasion; he has in-
volved the subject in all the mazes of sophistry, and by subtil
distinctions, he has established principles and positions, that
exist only in his own fertile imagination. It is a solecism in
politics for two co-ordinate sovereignties to exist together;
you must separate the sphere of their jurisdiction or after
running the race of dominion for some time, one would nee-

Letters of Centinel. No. V. 613

essarily triumph over the other, but in the meantime the
subject of it would be harassed with double impositions to
support the contention; however, the strife between Congress
and the States could not be of long continuance, for the
former has a decisive superiority in the outset, and has more-
over the power by the very constitution itself to terminate it
when expedient

As this necessary connection, as it has been termed, between
the State governments and the general government, has been
made a point of great magnitude by the advocates of the new
plan, as it is the only obstacle alleged by them against a con-
solidation, it ought to be well considered. It is declared by
the proposed plan, that the federal senators and the electors
who choose the President of the United States, shall be ap-
pointed by the State legislatures for the long period of six
and four years respectively; how will this connection prevent
the State legislatures being divested of every important, every
efficient power? may not they, will not they, dwindle into
mere boards of appointment as has ever happened in other
nations to public bodies, who, in similar circumstances, have
been so weak as to part with the essentials of power? Does
not history abound with such instances ? And this may be
the mighty amount of this inseparable connection which is
so much dwelt upon as the security of the State governments.
Yet even this shadow of a limit against consolidation may be
annihilated by the imperial fiat without any violation of even
the forms of the constitution. Article ist, section 4th, has
made a provision for this, when the people are sufficiently
fatigued with the useless expense of maintaining ^^ forms
of departed power and security, and when they shall pray to
to be relieved from the imposition. This section cannot be
too often repeated, as it gives such a latitude to the designing,
as it revokes every other part of the constitution that may be
tolerable, and as it may enable the administration under it,
to complete the system of despotism; it is in the following
words, viz: "The times, places and manner of holding elec-
tions for senators and representatives shall be prescribed in
each State by the legislature thereof; but the Congress may at

6i4 Letters of Centinel. No. V.

any time by law inake or alter such regulations^ except as to
the place of choosing senators.''^ The only apparent restric-
tion in this clause is as to the place of appointing senators,
but even this may be rendered of no avail, for as the Con-
gress have the control over the time of appointment of both
senators and representatives, they may, under the pretence
of an apprehension of invasion, upon the pretence of the tur-
bulence of what they may style a faction, and indeed pre-
tences are never wanting to the designing, they may postpone
the time of the election of the senators and the representatives
from period to period to perpetuity; thus they may, and if
they may, they certainly will, from the lust of dominion, so
inherent in the mind of man, relieve the people from the
trouble of attending elections by condescending to create
themselves. Has not Mr. Wilson avowed it in fact? Has he
not said in the convention that it was necessary that Congress
should possess this power as the means of its own preservation?
Otherwise, says he, an invasion, a civil war, a faction, or a
secession of a minority of the assembly, might prevent the
representation of a State in Congress.

The advocates of the proposed government must be hard
driven when they represent that because the legislatures of
this and the other states have exceeded the due bounds of
power, notwithstanding every guard provided by their con-
stitutions ; that because the lust of arbitrary sway is so power-
ful as sometimes to get the better of every obstacle; that
therefore we should give full scope to it, for that all restric-
tion to it would be useless and nugatory. And further, when
they tell you that a good administration will atone for all the
defects in the government, which, say they, you must neces-
sarily have, for how can it be otherwise? your rulers are to
be taken from among yourselves. My fellow citizens, these
aspiring despots must indeed have a great contempt for your
understandings when they hope to gull you out of your lib-
erties by such reasoning; for what is the primary object of
government, but to check and control the ambitious and de-
signing? How then can moderation and virtue be expected
from men who will be in possession of absolute sway, who will

Letters of Centinel. No. VI. 615

have the United States at their disposal? They would be
more than men, who could resist such temptation! their
being taken from among the people would be no security;
tyrants are of native growth in all countries, the greatest
bashaw in Turkey has been one of the people, as Mr. Wilson
tells you the president-general will be. What consolation
would this be when you shall be suffering under his oppres-
sion ? Centinel.
tia^ Nov. 30, 1787.

Centineiv, No. VI.*
To the People of Pennsylvania.

"Man is the glory, jest, and riddle of the world."

Pope.

Incredible transition! the people who, seven years ago,
deemed every earthly good, every other consideration, as
worthless, when placed in competition with liberty, that
heaven-born blessing, that zest of all others ; the people, who,
actuated by this noble ardor of patriotism, rose superior to
every weakness of humanity, and shone with such dazzling
lustre amidst the greatest difficulties; who, emulous of
eclipsing each other in the glorious assertion of the dignity
of human nature, courted every danger, and were ever ready,
when necessary, to lay down their lives at the altar of liberty :
I say the people, who exhibited so lately a spectacle that
commanded the admiration, and drew the plaudits of the
most distant nations, are now reversing the picture, are now
lost to every noble principle, are about to sacrifice that in-
estimable jewel, liberty, to the genius of despotism. A golden
phajttom held out to them by the crafty and aspiring despots
among themselves, is alluring them into the fangs of arbi-
trary power; and so great is their infatuation, that it seems
as if nothing short of the reality of misery necessarily atten-
dant on slavery, will rouse them from their false confidence,
or convince them of the direful deception — but then alas! it

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Dec. 26, 1787.

6i6 Letters of Centinel. No. VI.

will be too late, the chains of depotism will be fast rivetted
and all escape precluded.

For years past, the harpies of power have been industri-
ously inculcating the idea that all our difficulties proceed
from the impotency of Congress, and have at length suc-
ceeded to give to this sentiment almost universal currency
and belief: the devastations, losses and burthens occasioned
by the late war; the excessive importations of foreign mer-
chandise and luxuries, which have drained the country of its
specie and involved it in debt, are all overlooked, and the in-
adequacy of the powers of the present confederation is
erroneously supposed to be the only cause of our difficulties;
hence persons of every description are revelling in the antici-
pation of the halcyon days consequent on the establishment
of the new constitution. What gross deception and fatal de-
lusion! Although very considerable benefit might be derived
from strengthening the hands of Congress, so as to enable
them to regulate commerce, and counteract the adverse re-
strictions of other nations, which would meet with the com-
currence of all persons; yet this benefit is accompanied in the
new constitution with the scourge of despotic power, that will
render the citizens of America tenants at will of every species
of property, of every enjoyment, and make them the mere
drudges of government. The gilded bait conceals corrosives
that will eat up their whole substance.

Since the late able discussion, all are now sensible of great
defects in the new constitution, are sensible that power is
thereby granted without limitations or restriction; yet such
is the impatience of the people to reap the golden harvest of
regulated commerce, that they will not take time to secure
their liberty and happiness, nor even to secure the benefit of
the expected wealth; but are weakly trusting their every con-
cern to the discretionary disposal of their future rulers: are
content to risk every abuse of power, because they are pro-
mised a good administration, because moderation and self-
denial are the characteristic features of men in possession of
absolute sway. What egregious folly! What superlative
ignorance of the nature of power does such conduct discover.'

Letters of Centinel. No. VI. 617

History exhibits this melancholy truth, that slavery has
been the lot of nearly the whole of mankind in all ages, and
that the very small portion who have enjoyed the blessings
of liberty, have soon been reduced to the common level of
slavery and misery. The cause of this general vassalage
may be traced to a principle of human nature, which is more
powerful and operative than all the others combined; it is
that lust oi dominion that is inherent in every mind, in a
greater or less degree; this is so universal and ever active a
passion as to influence all our ancestors; the different situa-
tion and qualifications of men only modifies and varies the
complexion and operation of it.

For this darling pre-eminence and superiority, the mer-
chant, already possessed of a competency, adventures his all
in the pursuit of greater wealth; it is for this that men of
all descriptions, after having amassed fortunes, still persevere
in the toils of labor; in short, this is the great principle of
exertion in the votaries of riches, learning, and fame.

In a savage state, pre-eminence is the result of bodily
strength and intrepidity, which compels submission from all
such as have the misfortune to be less able; therefore the
great end of civil government is to protect the weak from the
oppression of the powerful, to put every man upon the level
of equal liberty; but here again the same lust of dominion by
different means frustrates almost always this salutary inten-
tion. In a polished state of society, wealth, talents, address
and intrigue are the qualities that attain superiority in the
great sphere of government.

The most striking illustration of the prevalence of this
lust of dominion is, that the most strenuous assertors of lib-
erty in all ages, after successfully triumphing over tyranny,
have themselves become tyrants, when the unsuspicious
confidence of an admiring people has entrusted them with
unchecked power. Rare are the instances of self-denial, or
consistency of conduct in the votaries of liberty when they
have become possessed of the reins of authority; it has been
the peculiar felicity of this country, that her great Deliverer
did not prove a Cromwell nor a Monk.

6i8 Letters of Centinel. No. VI .

Compare the declarations of the most zealous assertors of
religious liberty, whilst under the lash of persecution, with
their conduct when in power; you will find that even the
benevolence and humility inculcated in the gospels, prove no
restraint upon this love of domination. The mutual con-
tentions of the several sects of religion in England some
ages since, are sufficient evidence of this truth.

The annals of mankind demonstrate the precarious tenure
of privileges and property dependent upon the will and
pleasure of rulers ; these illustrate the fatal danger of relying
upon the moderation and self-denial of men exposed to the
temptations that the Congress under the new constitution
will be. The lust of power or dominion is of that nature as
seeks to overcome every obstacle, and does not remit its ex-
ertions whilst any object of conquest remains; nothing short
of the plenitude of dominion will satisfy this cursed demon.
Therefore, liberty is only to be preserved by a due responsi-
bility in the government, and by the constant attention of
the people; whenever that responsibility has been lessened
or this attention remitted, in the same degree has arbitrary
sway prevaled.

The celebrated Montesquieu has warned mankind of the
danger of an implicit reliance on rulers; he says that "a
perpetual jealousy respecting liberty, is absolutely requisite
in all free states," and again, "that slavery is ever preceded
by sleep. ' '

I shall conclude this number with an extract from a speech
delivered by Lord George Digby^ afterwards Earl of Bristol^
in the English Parliament, on the triennial bill in the year
1641, viz: "It hath been a maxim among the wisest legislators
that whoever means to settle good laws must proceed in them
with a sinister opinion of all mankind ; and suppose that who-
ever is not wicked, it is for want only of the opportunity. It
is that opportunity of being ill, Mr. Speaker, that we must
take away, if ever we mean to be happy, which can never be
done but by the frequency of parliaments,

"No State can wisely be confident of any public minister's

Letters of Centinel. No. VII. 619

"Let me appeal to all those that were present in this house
at the agitation of the petition of right. And let them tell
themselves truly of whose promotion to the management of
public affairs do they think the generality would, at that
time, have had better hopes than of Mr. Noy and Sir Thomas
IVentworth ; both having been at that time and in that busi-
ness, as I have heard, most keen and active patriots, and the
latter of them, to the eternal aggravation of his infamous
treachery to the commonwealth be it spoken, the first mover
and insister to have this clause added to th.e. petition ofright^
viz:

"That for the comfort and safety of his subjects his Majesty
would be pleased to declare his will and pleasure, that all his
ministers should serve him according to the laws and statutes
of the realm.

"And yet, Mr. Speaker, to whom now can all the inunda-
tions upon our liberties^ under pretence of law, and the late
shipwreck at once of all our property, be attributed more than
to Noy^ and all those other mischiefs whereby this monarchy
hath been brought almost to the brink of destruction so much
to any as to that grand apostate to the commonwealth, the
now Lieutenant of Ireland, Sir Thomas Wentworth? Let
every man but consider those men as once they were." —
British Liberties, page 184 and 185. Centinel.

Philadelphia, December 22, 1787.

Cenxinei, No. VII.*

To the People of Pennsylvania. Friends and Fellow

Citizens :

The admiring world lately beheld the sun of liberty risen
to meridian splendor in this western hemisphere, whose cheer-
ing rays began to dispel the glooms of even trans-atlantic
despotism; the patriotic mind, enraptured with the glowing
scene, fondly anticipated an universal and eternal day to the
orb of freedom; but the horizon is already darkened and the
glooms of slavery threaten to fix their empire. How transitory

*From "The ludependeut Gazetteer; or, The Chronicle of Freedom,"
Dec. 29, 1787.

620 Letters of Centinel. No. VII.

are the blessings of this life! Scarcely have four years elapsed
since these United States, rescued from the domination of
foreign despots by the unexampled heroism and perseverance
of its citizens at such great expense of blood and treasure,
when they are about to fall a prey to the machinations of a
profligate junto at home, who seizing the favorable moment
when the temporary and extraordinary difficulties of the peo-
ple have thrown them off their guard and lulled that jealousy
of power so essential to the preservation of freedom, have
been too successful in the sacrilegious attempt; however I am
confident that this formidable conspiracy will end in the con-
fusion and infamy of its authors; that if necessary, the aveng-
ing sword of an abused people will humble these aspiring
despots to the dust, and that their fate, like that of Charles
the First of England, will deter such attempts in future, and
prove the confirmation of the liberties of America until time
shall be no more.

One would imagine by the insolent conduct of these harpies
of power that they had already triumphed over the liberties
of the people, that the chains were riveted and tyranny estab-
lished. They tell us all further opposition will be vain, as
this state has passed the Rubicon. Do they imagine the free-
men of Pennsylvania will be thus trepanned out of their lib-
erties, that they will submit without a struggle? They must
indeed be inebriated with the lust of dominion to indulge
such chimerical ideas. Will the act of one-sixth of the peo-
ple and this too founded on deception and surprise bind the
community ? Is it thus that the altar of liberty, so recently
crimsoned with the blood of our worthies, is to be prostrated
and despotism reared on its ruins? Certainly not. The sol-
emn mummery that has been acting in the name of the people
of Pennsylvania will be treated with the deserved contempt;
it has served indeed to expose the principles of the men con-
cerned, and to draw a line of discrimination between the real
and affected patriots.

Impressed with an high opinion of the understanding and
spirit of my fellow citizens, I have in no stage of this busi-
ness entertained a doubt of its eventual defeat; the mo-

Letters of Centinel. No. VIII. 621

mentary delusion, arising from an unreserved confidence
placed in some of the characters whose names sanctioned this
scheme of power, did not discourage me: I foresaw that this
blind admiration would soon be succeeded by rational inves-
tigation, which, stripping the monster of its gilded covering,
would discover its native deformity.

Already the enlightened pen of patriotism, aided by an
able public discussion, has dispelled the mist of deception,
and the great body of the people are awakened to a due sense
of their danger, and are determined to assert their liberty, if
necessary by the sword, but this mean need not be recurred
to, for who are their enemies? A junto composed of the
lordly and high-minded gentry of the profligate and the needy
ofiice-hunters ; of men principally who in the late war
skulked from the common danger. Would such characters
dare to face the majesty of a free people? No. All the con-
flict would be between the offended justice and generosity of
the people, whether these sacrilegious invaders of their dear-
est rights should suffer the merited punishment or escape
with an infamous contempt?

However, as additional powers are necessary to Congress,
the people will no doubt see the expediency of calling a con-
vention for this purpose as soon as may be by applying to
their representatives in assembly at their next session to ap-
point a suitable day for the election of such Convention.

Philadelphia, December 27, 1787. CentineIv.

Centinei., No. VIIL*
To the People of Pennsylvania. Felloiv Citizens.

Under the benign influence of liberty, this country, so re-
cently a rugged wilderness and the abode of savages and wild
beasts, has attained to a degree of improvement and greatness,
in less than two ages, of which history furnishes no parallel.
It is here that human nature may be viewed in all its glory;
man assumes the station designed him by the creation, a
happy equality and independency pervades the community,

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Jan. 2, 1788.

622 Letters of Centinel. No. VIII.

it is here the human mind, untrammeled by the restraints of
arbitrary power, expands every faculty: as the field to fame
and riches is open to all, it stimulates universal exertion, and
exhibits a lively picture of emulation, industry and happi-
ness. The unfortunate and oppressed of all nations, fly to
this grand asylum, where liberty is ever protected, and in-
dustry crowned with success.

But as it is by comparison only that men estimate the
value of any good, they are not sensible of the worth of those
blessings they enjoy, until they are deprived of them ; hence
from ignorance of the horrors of slavery, nations, that have
been in possession of that rarest of blessings, 1-iberty, have
so easily parted with it: when groaning under the yoke of
tyranny what perils would they not encounter, what con-
sideration would they not give to regain the inestimable jewel
they had lost; but the jealously of despotism guards every
avenue to freedom, and confirms its empire at the expense of
the devoted people, whose property is made instrumental to
their misery, for the rapacious hand of power seizes upon
every thing; despair presently succeeds, and every noble
faculty of the mind being depressed, and all motive to in-
dustry and exertion being removed, the people are adapted to
the nature of the government, and drag out a listless exis-
tence.

If ever America should be enslaved it will be from this
cause, that they are not sensible of their peculiar felicity, that
they are not aware of the value of the heavenly boon, com-
mitted to their care and protection, and if the present con-
spiracy fails, as I have no doubt will be the case, it will be
the triumph of reason and philosophy, as these United States
have never felt the iron hand of power, nor experienced the
wretchedness of slavery.

The conspirators against our liberties have presumed too
much on the maxim that nations do not take the alarm, un-
til they feel oppression ; the enlightened citizens of America
have on two memorable occasions convinced the tyrants of
Europe that they are endued with the faculty of foresight,
that they will jealously guard against the first introduction of

Letters of Centinel. No. VIII. 623

tyranny, however speciously glossed over, or whatever ap-
pearance it may assume. It was not the mere amount of the
duty on stajnps^ or tea that America opposed, they were con-
sidered as signals of approaching despotism, as precedents
whereon the superstructure of arbitrary sway was to be reared.
Notwithstanding such illustrious evidence of the good
sense and spirit of the people of these United States, and
contrary to all former experience of mankind, which demon-
strates that it is only by gradual and imperceptible degrees
that nations have hitherto been enslaved, except in case of
conquest by the sword, the authors of the present conspiracy
are attempting to seize upon absolute power at one grasp;
impatient of dominion they have adopted a decisive line of
conduct, which, if successful, would obliterate every trace of
liberty. I congratulate my fellow citizens that the infatuated
confidence of their enemies has so blinded their ambition
that their defeat must be certain and easy, if imitating the
refined policy of successful despots, they had attacked the
citadel of liberty by sap, and gradually undermined its out-
works, they would have stood a fairer chance of effecting
their design; but in this enlightened age thus rashly to at-
tempt to carry the fortress by storm, is folly indeed. They
have even exposed some of their batteries prematurely, and
thereby unfolded every latent view, for the unlimited power
of taxation would alone have been amply sufficient for every
purpose; by a proper application of this, the will and pleasure
of the rulers would of course have become the supreme law
of the land ; therefore there was no use in portraying the ul-
timate object by superadding the form to reality of supremacy
in the following clause, viz : That which empowers the new
Congress to make all laws that may be necessary and proper
for carrying into execution any of their powers, by virtue of
which every possible law will be constitutional, as they are
to be the sole judges of the propriety of such laws, that which
ordains that their acts shall be the supreme law of the land,
anything in the laws or constitution of any State to the con-
trary notwithstanding; that which gives Congress the absolute
control over the time and mode of its appointment and elec-

624 Letters of CentineL A'^o. 1 711.

tion, whereby, independent of any other means, they may
establish hereditary despotism; that which authorizes them
to keep on foot at all times a standing army; and that which
subjects the militia to absolute command, and to accelerate
the subjugation of the people, trial by jury in civil cases and
the liberty of the press are abolished.

So flagrant, so audacious a conspiracy against the liberties
of a free people is without precedent. Mankind in the dark-
est ages have never been so insulted; even then, tyrants found
it necessary to pay some respect to the habits and feelings of
the people, and nothing but the name of a Washington could
have occasioned a moment's hesitation about the nature of
the new plan, or saved its authors from the execration and
vengeance of the people, which eventually will prove an ag-
gravation of their treason; for America will resent the impo-
sition practiced upon the unsuspicious zeal of her illustrious
deliverer^ and vindicate her character from the aspersions of
these enemies of her happiness and fame.

The advocates of this plan have artfully attempted to veil
over the true nature and principles of it with the names of
those respectable characters that by consummate cunning
and address they have prevailed upon to sign it, and what
ought to convince the people of the deception and excite
their apprehensions, is that with every advantage which edu-
cation, the science of government and of law, the knowledge
of history and superior talents and endowments, furnish the
authors and advocates of this plan with, they have from its
publication exerted all their power and influence to prevent
all discussion of the subject, and when this could not be pre-
vented they have constantly avoided the ground of argument
and recurred to declamation, sophistry and personal abuse,
but principally relied upon the magic of names. Would this
have been their conduct, if their cause had been a good one ?
No, they would have invited investigation and convinced the
understandings of the people.

But such policy indicates great ignorance of the good sense
and spirit of the people, for if the sanction of every conven-
tion throughout the union was obtained by the means these

Letters of CentincL No. VIII. 625

men are practising; yet their triumph would be momentary,
the favorite object would still elude their grasp; tor a good
crovernment founded on fraud and deception could not be
maintained without an army sufficiently powerful to compel
submission, which the well-born of America could not
speedily accomplish. However the complexion of several of
the more considerable States does not promise even this
point of success. The Carolinas, Virginia, Maryland, New
York and New Hampshire have by their wisdom in taking a
longer time to deliberate, in all probability saved themselves
from the disgrace of becoming the dupes of this gilded bait,
as experience will evince that it need only be properly ex-
amined to be execrated and repulsed.

The merchant, immersed in schemes of wealth, seldom ex-
tends his views beyond the immediate object of gain; he
blindly pursues his seeming interest, and sees not the latent
mischief; therefore it is, that he is the last to take the alarm
when public liberty is threatened. This may account for the
infatuation of some of our merchants, who, elated with the
imaginary prospect of an improved commerce under the new
government, overlook all danger: they do not consider that
commerce is the hand-maid of liberty, a plant of free growth
that withers under the hand of despotism, that every concern
of individuals will be sacrificed to the gratification of the men
in power, who will institute injurious monopolies and shackle
commerce with every device of avarice; and that property of
every species will be held at the will and pleasure of rulers.

If the nature of the case did not give birth to these well
founded apprehensions, the principles and characters of the
authors and advocates of the measure ought. View the mo-
nopolizing spirit of the principal of them. See him convert-
ing a band, instituted for common benefit, to his own and
creatures' emoluments, and by the aid thereof, controlling
the credit of the state, and dictating the measures of govern-
ment. View the vassalage of our merchants, the thraldom
of the city of Philadelphia, and the extinction of that spirit
of independency in most of its citizens so essential to freedom.
View this Collosus attempting to grasp the commerce of
40

626 Letters of Ccntincl. No. IX.

America and meeting with a sudden repulse — in the midst of
his immense career, receiving a shock that threatens his very
existence. View the desperate fortunes of many of his coad-
jutors and dependants, particularly the bankrupt situation of
the principal instrument under the great man in promoting
the new government, whose superlative arrogance, ambition
and rapacity, would need the spoils of thousands to gratify;
view his towering aspect — he would have no bowels of com-
passion for the oppressed, he would overlook all their suffer-
ings. Recollect the strenuous and unremitted exertions of
these men, for years past, to destroy our admirable Constitu-
tion, whose object is to secure equal liberty and advantages
to all, and the great obstacle in the way of their ambitious
schemes, and then answer whether these apprehensions are
chimerical, whether such characters will be less ambitious,
less avaricious, more moderate, wdien the privileges, property,
and every concern of the people of the United States shall lie
at their mercy, when they shall be in possession of absolute
sway? Centinel.

Philadelphia, December 29, 1787,

Centinel, No. IX.*
To the Ieoplr of Pennsylvania. Fellozv Citizens.,

You have the peculiar felicity of living under the most per-
fect system of local government in the w^orld; prize then this
invaluable blessing as it deserves. Suffer it not to be wrested
from you, and the scourge of despotic powder substituted in its
place, under the specious pretence of vesting the general gov-
ernment of the United States with necessary power; that this
would be the inevitable consequence of the establishment of
the new constitution, the least consideration of its nature and
tendency is sufficient to convince every unprejudiced mind.
If you were sufficiently impressed with your present favored
situation, I should have no doubt of a proper decision of the
question in discussion.

The highest illustration of the excellence of the constitution

*Froin "The Independent Gazetteer; or, The Chronicle of Freedom."
Jan. 8, 178S.

Letters of Centinel. No. IX. 627

of this commonwealth, is, that from its first establishment, the
ambitious and profligate have been united in a constant con-
spiracy to destroy it; so sensible are they that it is their great
enemy, that it is the great palladium of equal liberty, and the
property of the people from the rapacious hand of power. The
annals of mankind do not furnish a more glorious instance
of the triumph of patriotism over the lust of ambition aided
by most of the wealth of the State. The few generally pre-
vail over the many by uniformity of council, unremitted and
persevering exertion, and superior information and address;
but in Pennsylvania the reverse has happened; here the well-
born have been baffled in all their efforts to prostrate the altar
of liberty for the purpose of substituting their own insolent
sway that would degrade the freemen of this State into servile
dependence upon the lordly and great. However it is not the
nature of ambition to be discouraged; it is ever ready to im-
prove the first opportunity to rear its baneful head and with
irritated fury to wreak its vengeance on the votaries of liberty.
The present conspiracy is a continental exertion of the well-
born of America to obtain that darling domination, which
they have not been able to accomplish in their respective
States. Of what complexion were the deputies of this State
in the general convention? Six out of eight were the invet-
erate enemies of our inestimable constitution, and the princi-
pals of that faction that for ten years past have kept the peo-
ple in continual alarm for their liberties. Who are the advo-
cates of the new constitution in this State? They consist of
the same faction, with the addition of a few deluded well-
meaning men, but whose number is daily lessening.

These conspirators have come forward at a most favorable
conjuncture, when the state of public affairs has lulled all
jealousy of power: Emboldened by the sanction of the
august name of a Washington^ that they have prostituted to
their purpose, they have presumed to overleap the usual
gradations to absolute power, and have attempted to seize at
once upon the supremacy of dominion. The new instrument
of government does indeed make a fallacious parade of some
remaining privileges, and insults the understandings of the

628 Letters of Centinel. No. IX.

people with the semblance of liberty in some of its artful and
deceptive clauses, which form but a flimsy veil over the
reality of tyranny, so weakly endeavored to be concealed
from the eye of freedom. For, of what avail are the few in-
adequate stipulations in favor of the rights of the people,
when they may be effectually counteracted and destroyed by
virtue of other clauses, when these enable the rulers to re-
nounce all dependence on their constituents, and render the
latter tenants at will of every concern? The new constitu-
tion is in fact a carte blanche^ a surrender at discretion to the
will and pleasure of our rulers: as this has been demonstrated
to be the case, by the investigation and discussion that have
taken place, I trust the same good sense and spirit which
have hitherto enabled the people to triumph over the wiles
of ambition, will be again exerted for their salvation. The
accounts from various parts of the country correspond with
my warmest hopes, and justify my early predictions of the
eventual defeat of this scheme of power and office making.

The genius of liberty has sounded the alarm, and the dor-
mant spirit of her votaries is reviving with enthusiastic
ardor; the like unanimity which formerly distinguished
them in their conflict with foreign despots, promises to
crown their virtuous opposition on the present occasions,
with signal success. The structure of despotism that has
been reared in this state, upon deception and surprise, will
vanish like the baseless fabric of a dream and leave not a
trace behind.

The parasites and tools of power in Northampton County
ought to take warning from the fate of the Carlisle junto, lest
like them, they experience the resentment of an injured peo-
ple. I would advise them not to repeat the imposition of a
set of fallacious resolutions as the sense of that county, when
in fact, it was the act of a despicable few, with Alexander
Paterson at their head, whose achievements at Wyoming, as
the meaner instrument of unfeeling avarice, have rendered
infamously notorious; but yet, like the election of a Mr.
Sedgwick for the little town of Stockbridge, which has been
adduced as evidence of the unanimity of the western counties

Letters of Centinel. No. IX. 629

cf Massachusetts State in favor of the new Constitution, when
the fact is far otherwise, this act of a few individuals will be
sounded forth over the continent as a testimony of the zeal-
ous attachment of the county of Northampton to the new
Constitution. By such wretched and momentary deceptions
do these harpies of power endeavor to give the complexion of
strength to their cause. To prevent the detection of such
impositions, to prevent the reflection of the rays of light from
State to State, which, producing general illumination, would
dissipate the mist of deception, and thereby prove fatal to
the new Constitution, all intercourse between the patriots of
America is as far as possible cut off; whilst on the other
hand, the conspirators have the most exact information, a
common concert is everywhere evident; they move in unison.
There is so much mystery in the conduct of these men, such
systematic deception and fraud characterizes all their meas-
ures, such extraordinary solicitude shown by them to precipi-
tate and surprise the people into a blind and implicit adoption
of this government, that it ought to excite the most alarming
apprehensions in the minds of all those who think their privi-
leges, property, and welfare worth securing.

It is a fact that can be established, that during almost the
whole of the time that the late convention of this State was
assembled, the newspapers published in New York by Mr.
Greenleaf, which contains the essays written there against the
new government, such as the patriotic ones of Brutus, Cin-
cinnatus, Cato, etc., sent as usual by the printer of that place
to the printers of this city, miscarried in their conveyance,
which prevented the republication in this State of many of
these pieces; and since that period great irregularity prevails,
and I stand informed that the printers in New York complain
that the free and independent newspapers of this city do not
come to hand; whilst on the contrary we find the devoted
vehicles of despotism pass uninterrupted. I would ask what
is the meaning of the new arrangement at the post-office
which abridges the circulation of newspapers at this momen-
tous crisis, when our every concern is dependent upon a
proper decision of the subject in discussion. No trivial ex-

630 Letters 0/ Centmel. No. X.

cuse will be admitted; the Centinel will, as from the first ap.
proach of despotism, warn his countrymen of the insidious
and base strategems that are practicing to hoodwink them out
of their liberties.

The more I consider the manoeuvres that are practicing, the
more am I alarmed — foreseeing that the juggle cannot long
be concealed, and that the spirit of the people will not brook
the imposition, they have guarded as they suppose against any
danger arising from the opposition of the people and rendered
their struggles for liberty impotent and ridiculous. What
otherwise is the meaning of disarming the militia, for the
purpose as it is said of repairing their muskets at such a par-
ticular period? Does not the timing of the measure deter-
mine the intention? I was ever jealous of the select militia,
consisting of infantry and troops of horse, instituted in this
city and in some of the counties, without the sanction of law,
and officered principally by the devoted instruments of the
well boi'U^ although the illustrious patriotism of one of them
has not corresponded with the intention of appointing him.
Are not these corps provided to suppress the first efforts of
freedom, and to check the spirit of the people until a regular
and sufficiently powerful military force shall be embodied to
rivet the chains of slavery on a deluded nation ? What con-
firms these apprehensions is the declaration of a certain major,
an active instrument in this business, and the echo of the
principal conspirators, who has said he should deem the cut-
ting off of five thousand men, as a small sacrifice, a cheap
purchase for the establishment of the new Constitution.

Philadelphia, January 5, 1788. CeTinEI..

Centinei. No. X.*
To the People of Pennsylvania. Felloiv Citizens.

What illustrious evidence and striking demonstration does
the present momentous discussion afford of the inestimable
value of the liberty of the press ? No doubt now remains,
but that it will prove the rock of our political salvation.

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Jan. 12, 1788.

Letters of Centinel. No. X. 631

Despotism, witn its innumerable host of evils, by gliding
through the mist of deception, had gained some of the prin-
cipal works, had made a lodgment in the very citadel of
liberty before it was discovered, and was near carrying the
fortress by surprise; at this imminent alarming crisis the cen-
tries from the watch-towers sounded the alarm, and aroused
the dormant votaries of liberty to a due sense of their danger;
who, with an alacrity and spirit suited to the exigence, an-
swered to the call, repulsed the enemy, dislodged it from
most of its acquisitions, and nothing is now wanting to a
total rout and complete defeat, but a general discharge from
the artillery of freedom. As the shades of night fly before
the approach of the radiant sun, so does despotism before the
majesty of enlightened truth ; wherever free discussion is al-
lowed, this is invariably the consequence. Since the press
has been unshackled in Pennsylvania, what an astonishing
transition appears in the sentiments of the people! Infatua-
tion is at an end, execration and indignation have succeeded
to blind admiration and mistaken enthusiasm. The rampant
insolence of the conspirators is prostrated, black despair has
taken possession of many of them, their countenances pro-
claim their defeat, and express serious apprehension for their
personal safety from the rising resentment of injured freemen.
James, the Caledonian, lieutenant general of the myrmidons
of power, under Robert, the cofferer, who, with his aid-de-
camp, Goiivero^ the cunning man, has taken the field in Vir-
ginia. I say James, in this exigence summonses a grand
council of his partisans in this city and represents in the
most pathetic moving language, the deplorable situation of
affairs, stimulates them to make a vigorous effort to recover
the ground they have lost and establish their empire; that for
this purpose a generous contribution must be made by all
those who expect to taste the sweets of power, or share in the
fruits of dominion, in order to form a fund adequate to the
great design, that may put them in possession of the darling
object; then recommends that a committee be appointed of
those who are gifted with Machiavelian talents of those who
excel in ingenuity, artifice, sophistry and the refinements of

632 Letters of Centmel. No. X.

falsehood, who can assume the pleasing appearance of truth
and bewilder the people in all the mazes of error; and as the
talk will be arduous, and requires various abilities and talents
the business ought to be distributed, and different parts as-
signed to the members of the committee, as they may be
respectively qualified; some by ingenious sophisms to explain
away and counteract those essays of patriotism that have
struck such general convictions; some to manufacture ex-
tracts of letters and notes from correspondents, to give the
complexion of strength to their cause, by representing the
unanimity of all corners of America in favor of the new con-
stitution ; and others to write reams of letters to their tools in
every direction, furnishing them with the materials of propa-
gating error and deception; in short, that this committee
ought to make the press groan and the whole country rever-
berate with their productions; thus to overpower truth and
liberty by the din of empty sound and the delusion of false-
hood.

The conspirators, deceived by their first success, grounded
on the unreserved confidence of the people, do not consider
that with the detection of their views all chance of success is
over; that suspicion once awakened is not so soon to be
lulled, but with eagle eye will penetrate all their wiles, and
detect their ever^' scheme, however deeply laid or speciously
glossed. The labors of their committee will be unavailing:
the point of deception is passed, the rays of enlightened pa-
triotism have diffused general illumination. However, this
new effort will serve to show the perseverance of ambition
and the necessity of constant vigilance in the people for the
preservation of their liberty.

Already we recognize the ingenuity and industry of this
committee; the papers teem with paragraphs, correspondents,
etc. , that exhibit a picture which bears no resemblance to the
original. If we view this mirror for the representation of
the sentiments of the people, a perfect harmony seems to pre-
vail: every body in every place is charmed with the new Con-
stitution— considers it as a gift from heaven, as their only
salvation, etc., etc., etc., and I am informed expresses are

Letters of Centinel. No. XL 633

employing to waft the delusion to the remotest corners. Such
a scene of bustle, lying, and activity, was never exhibited
since the days of Adam. The contributions to the grand
fund are so great, that it is whispered a magazine of all the
apparatus of war is to be immediately provided, and if all
other means fail, force is to be recurred to, which they hope
will successfully terminate the disagreeable discussion of the
rights of mankind, of equal liberty, etc., and thus establish
a due subordination to the well borjifetu.

Centinel.

CentineIv No. XI.*
To the People of Pennsylvania. Felloiv Citizens.

The arguments upon which the advocates of the new con-
stitution the most dwell, are the distresses of the community,
the evils of anarchy, and the horrible consequences that
would ensue from the dissolution of the union of the States,
and the institution of separate confederacies or republics:
The unanimity of the federal convention, and the sanction of
great names, can be no further urged as an argument after
the exposition made by the attorney-general of Maryland, f
who was a member of that convention; he has opened such a
scene of discord and accommodation of republicanism to des-
potism as must excite the most serious apprehensions in every
patriotic mind. The first argument has been noticed in the
preceding essays; wherein it is shown that this is not the
criterion whereby to determine the merits of the new consti-
tution; that notwithstanding the reality of the distresses of
the people, the new constitution may not only be inadequate
as a remedy, but destructive of liberty, and the completion
of misery. The remaining two arguments will be discussed
in this number; their futility elucidated; and thus the
medium of deception being dissipated, the public attention,
with undirected, undiminished force, will be directed to the
proper object, will be confined to the consideration of the

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Jan. 16, 1788.

t Luther Martin. See his Genuine Information for the people of Mary-
land, etc., etc.

634 Lette7's of Cenhnel. No. XL

nature and construction of the plan of government itself, the
question will then be, whether this plan be calculated for
our welfare, or misery; whether it is the temple of liberty, or
the structure of despotism ? and as the former, or the latter,
shall appear to be the case, to adopt or reject it accordingly,
otherwise to banish the demon of domination by suitable
amendments and qualifications.

The evils of anarchy have been portrayed with all the im-
agery of language in the glowing colors of eloquence; the
affrighted mind is thence led to clasp the new Constitution as
the instrument of deliverance, as the only avenue to safety
and happiness. To avoid the possible and transitory evils of
one extreme, it is seduced into the certain and permanent
misery necessarily attendant on the other. A state of an-
archy from its very nature can never be of long continuance;
the greater its violence the shorter the duration ; order and se-
curity are immediately sought by the distracted people beneath
the shelter of equal laws and the salutary restraints of reg-
ular government, and if this be not attainable absolute power
is assumed by the one^ or 2,few^ who shall be the most enter-
prising and successful. If anarchy, therefore, were the in-
evitable consequence of rejecting the new Constitution, it
would be infinitely better to incur it, for even then there
would be at least the chance of a good government rising out
of licentiousness; but to rush at once into despotism because
there is a bare possibility of anarchy ensuing from the rejec-
tion, or from what is yet more visionary, the small delay that
would be occasioned by a revision and correction of the pro-
posed system of government is so superlatively weak, so
fatally blind, that it is astonishing any person of common
understanding should suffer such an imposition to have the
least influence on his judgment; still more astonishing that
so flimsy and deceptive a doctrine should make converts
among the enlightened freemen of America, who have so
long enjoyed the blessings of liberty; but when I view
among such converts men otherwise pre-eminent it raises a
blush for the weakness of humanity that these, her brightest
ornaments, should be so dimsigfhted to what is self-evident

Letters of Centmel. No. XI. 635

to most men, that such imbecility of judgment should appear
where so much perfection was looked for; this ought to teach
us to depend more on our own judgment and the nature of
the case than upon the opinions of the greatest and best of
men, who, from constitutional infirmities or particulm' situa-
tions, may sometimes view an object through a delusive me-
dium, but the opinions of great men are more frequently the
dictates of ambition or private interest.

The source of the apprehensions of this so much dreaded
anarchy would upon investigation be found to arise from the
artful suggestions of designing men, and not from a rational
probability grounded on the actual state of affairs; the least
reflection is sufficient to detect the fallacy to show that there
is no one circumstance to justify the prediction of such an
event. On the contrary a short time will evince, to the utter
dismay and confusion of the conspirators, that a perseverance
in cramming down their scheme of power upon the freemen
of this State will inevitably produce an atiarchy destructive
of their darling domination, and jnay kindle a flame prejudi-
cial to their safety ; they should be cautious not to trespass too
far on the forbearance of freemen when wresting their dearest
concerns, but prudently retreat from the gathering storm.

The other specter that has been raised to terrify and alarm
the people out of the exercise of their judgment on this great
occasion, is the dread of our splitting into separate confedera-
cies or republics, that might become rival powers and conse-
quently liable to mutual wars from the usual motives of con-
tention. This is an event still more improbable than the
foregoing; it is a presumption unwarranted, either by the
situation of affairs, or the sentiments of the people; no dis-
position leading to it exists; the advocates of the new consti-
tution seem to view such a separation with horror, and its
opponents are strenuously contending for a confederation that
shall embrace all America under its comprehensive and salu-
tary protection. This hobgoblin appears to have sprung
from the deranged brain of Piibliiis^ * a New York writer, who,

*Tlie signature under which Hamilton, Jay and Madison issued the Essays
that form The Federalist.

636 Letters of Centinel. No. XL

mistaking sound for argument, has with Herculean labor ac-
cumulated myriads of unmeaning sentences, and mechanically
endeavored to force conviction by a torrent of misplaced
words; he might have spared his readers the fatigue of wad-
ing through his long-winded disquisitions on the direful
effects of the contentions of inimical states, as totally inap-
plicable to the subject he was professedly treating; this
writer has devoted much time, and wasted more paper in
combating chimeras of his own creation. However, for the
sake of argument, I will admit that the necessary conse-
quence of rejecting or delaying the establishment of the new
constitution, would be the dissolution of the union, and the
institution of even rival and inimical republics; yet ought
such an apprehension, if well founded, to drive us i-nto the
fangs of despotism? Infinitely preferable would be occasional
wars to such an event; the former, although a severe scourge,
is transient in its continuance, and in its operation partial,
but a small proportion of the community are exposed to
its greatest horrors, and yet fewer experience its greatest
evils; the latter is permanent and universal misery, without
remission or exemption: as passing clouds obscure for a time
the splendor of the sun, so do wars interrupt the welfare of
mankind; but despotism is a settled gloom that totally ex-
tinguishes happiness, not a ray of comfort can penetrate to
cheer the dejected mind; the goad of power with unabating
rigor insists upon the utmost exaction, like a merciless task-
master, is continually inflicting the lash, and is never satiated
with the feast of unfeeling domination, or the most abject
servility.

The celebrated Lord Kaims, whose disquisitions on human
nature evidence extraordinary strength of judgment and depth
of investigation, says that a continual civil war, which is the
most destructive and horrible scene of human discord, is pre-
ferable to the uniformity of wretchedness and misery attend-
ant upon despotism ; of all possible evils, as I observed in my
first number, this is the worst and the most to be dj-eaded.

I congratulate my fellow citizens that a good government,
the greatest earthly blessing, may be so easily obtained, that

Letters of CentineL No. XII. 6^-]

our circumstances are so favorable, that nothing but the folly
of the conspirators can produce anarchy or civil war, which
would presently terminate in their destruction and the per-
manent harmony of the state, alone interrupted by their am-
bitious machinations.

In a former number I stated a charge of a very heinous
nature, and highly prejudicial to the public welfare, and at
this great crisis peculiarly alarming and threatening to lib-
erty. I mean the suppression of the circulation of the news-
papers from State to State by the of — c — rs of the P — t
O — ce, who in violation of their duty and integrity, have
prostituted their of — ces to forward the nefarious design of
enslaving their countrymen, by thus cutting off all communi-
cation by the usual vehicle between the patriots of America;
I find that notwithstanding that public appeal, they perse-
vere in this villainous and daring practice. The newspapers
of the other States that contain any useful information are
still withheld from the printers of this State, and I see by the
annunciation of the editor of Mr. Greenleaf's patriotic New
York paper, that the printers of that place are still treated in
like manner. This informs his readers that but two southern
papers have come to hand, and that they contain no informa-
tion, which he affects to ascribe to the negligence of the p — t
boy, not caring to quarrel with the p — t m — t — r g — 1.

CENTINEL.

Philadelphia, January 12, 1788.

Centinel No. XII. *
To the People of Pennsylvania. Fellow Citizens.

Conscious guilt has taken the alarm, thrown out the signal
of distress, and even appealed to the generosity of patriotism.
The authors and abettors of the new Constitution shudder at
the term co7tspirators being applied to them, as it designates
their true character, and seems prophetic of the catastrophe;
they read their fate in the epithet.

In despair they are weakly endeavoring to screen their

* From " The Independent Gazetter, or The Chronicle of Freedom," Jan.

23, 1788.

638 Letters of Centinel No. XIT.

criminality by interposing the shield of the virtues of a
Washington, in representing his concurrence in the proposed
sj^stem of government as evidence of the purity of their in-
tentions; but this impotent attempt to degrade the brightest
ornament of his country to a base level with themselves will
be considered as an aggravation of their treason, and an in-
sult on the good sense of the people, who have too much
discernment not to make a just discrimination between the
honest mistaken zeal of the patriot and the flagitious machi-
nations of an ambitious junto, and will resent the imposition
that Machiavelian arts and consummate cunning have prac-
ticed upon our illustrious chief.

The term conspirators was not, as has been alleged, rashly
or inconsiderately adopted; it is the language of dispassionate
and deliberate reason, influenced by the purest patriotism;
the consideration of the nature and construction of the new
Constitution naturally suggests the epithet; its justness is
strikingly illustrated by the conduct of the patrons of this
plan of government, but if any doubt had remained whether
this epithet is merited, it is now removed by the very uneasi-
ness it occasions; this is a confirmation of its propriety.
Innocence would have nothing to dread from such a stigma,
but would triumph over the shafts of malice.

The conduct of men is the best clue to their principles.
The system of deception that has been practiced; the con-
stant solicitude shown to prevent information diffusing its
salutary light are evidence of a conspiracy beyond the arts
of sophistry to palliate, or the ingenuity of falsehood to in-
validate; the means practiced to establish the new Constitu-
tion are demonstrative of the principles and designs of its
authors and abettors.

At the time, says Mr. Martin (deputy from the State of
Maryland in the general convention), when the public prints
were announcing our perfect unanimity, discord prevailed to
such a degree that the minority were upon the point of ap-
pealing to the public against the machinations of ambition.
By such a base imposition, repeated in every newspaper and
reverberated from one end of the union to the other, was the

Letters of Centinel. No. XI I. 639

people lulled into a false confidence, into an implicit reliance
upon the wisdom and patriotism of the convention; and when"
ambition, by her deceptive wiles, had succeeded to usher
forth the new system of government with apparent unanimity
of sentiment, the public delusion was complete. The most
extravagant fictions were palmed upon the people, the seal
of divinity was even ascribed to the new Constitution; a
felicity more than human was to ensue from its establishment;
overlooking the real cause of our difficulties and burthens,
which have their proper remedy, the people were taught that
the new Constitution would prove a mine of wealth and
prosperity equal to every want, or the most sanguine desire;
that it would effect what can only be produced by the exer-
tion of industry and the practice of economy.

The conspirators, aware of the danger of delay, that allow-
ing time for a rational investigation would prove fatal to
their designs, precipitated the establishment of the new Con-
stitution with all possible celerity; in Massachusetts the depu-
ties of that convention, who are to give the final fiat in behalf
of that great State to a measure upon which their dearest con-
cerns depend, were elected by express in the first moments of
blind enthusiasm; similar conduct has prevailed in the other
States as far as circumstances permitted.

If the foregoing circumstances did not prove a conspiracy,
there are others that must strike conviction in the most un-
suspicious. Attempts to prevent discussion by shackling the
press ought ever to be a signal of alarm to freemen, and con-
sidered as an annunciation of meditated tyranny; this is a
truth that the uniform experience of mankind has established
beyond the possibility of doubt. Bring the conduct of the
authors and abettors of the new constitution to this test, let
this be the criterion of their criminality, and every patriotic
mind must unite in branding them with the stigma of con-
spirators against the public liberties. No stage of this busi-
ness but what has been marked with every exertion of influ-
ence and device of ambition to suppress information and
intimidate public discussion ; the virtue and firmness of some
of the printers rose superior to the menaces of violence and

640 Letters of Centinel. No. XII.

the lucre of private interest; when every means failed to
shackle the press, the free and independent papers were at-
tempted to be demolished by withdrawing all the subscrip-
tions to them within the sphere of the influence of the con-
spirators; fortunately for the cause of liberty and truth, these
daring high-handed attempts have failed except in one
instance, where, from a peculiarity of circumstances, ambition
has triumphed. Under the flimsy pretense of vindicating
the character of a contemptible drudge of party, rendered
ridiculous by his superlative folly in the late convention, of
which the statement given in the Pennsylvania Herald was
confessedly a faithful representation, this newspaper has been
silenced * by some hundreds of its subscribers (who it seems
are generally among the devoted tools of party, or those who
are obliged from their thraldom to yield implicit assent to
the mandates of the junto) withdrawing their support from
it; by this stroke the conspirators have suppressed the publi-
cation of the most valuable debates of the late convention,
which would have been given in course by the editor of that
paper, whose stipend now ceasing, he cannot afford without
compensation the time and attention necessary to this business.
Every patriotic person who had an opportunity to hearing
that illustrations advocate of liberty and his country, Mr.
Findley, must sensibly regret that his powerful arguments
are not to extend beyond the confined walls of the State-
House, where they could have so limited an effect; that the
United States could not have been his auditory through the
medium of the press. I anticipate the answer of the conspi-
rators; they will tell you that this could not be their motive
for silencing this paper, as the whole of the debates were
taken down in short-hand by another person and published,
but the public are not to be so easily duped, they will not re-
ceive a spurious as an equivalent for a genuine production;
equal solicitude was expressed for the publication of the
former as for the suppression of the latter — the public will
judge of the motives.

* The Herald it is said is to be discontinued the 2jd instant {the editor is
already dismissed).

Letters of CentineL No. XII. 641

That investigation into tlie nature and construction of the
new constitution, which the conspirators have so long and
zealously struggled against, has, notwithstanding their par-
tial success, so far taken place as to ascertain the enormity of
their criminality. That system which was pompously dis-
played as the perfection of government, proves upon exami-
tion to be the most odious system of tyranny that was ever
projected, a many-headed hydra of despotism, whose compli-
cated and various evils would be infinitely more oppressive
and afflictive than the scourge of any single tyrant: the ob-
jects of dominion would be tortured to gratify the calls of
ambition and the cravings of power of rival despots contend-
ing for the sceptre of superiority; the devoted people would
experience a distraction of misery.

No wonder then that such a discovery should excite uneasy
apprehensions in the minds of the conspirators, for such an
attempt against the public liberties is unprecedented in his-
tory; it is a crime of the blackest dye, as it strikes at the hap-
piness of millions and the dignity of human nature, as it was
intended to deprive the inhabitants of so large a portion of
the globe of the choicest blessings of life and the oppressed
of all nations of an asylum.

The explicit language of the Centinel during the empire
of delusion was not congenial to the feelings of the people,
but truth when it has free scope is all powerful, it enforces
conviction in the most prejudiced mind; he foresaw the con-
sequences of an exertion of the good sense and understanding
of the people, and predicted the defeat of the measure he ven-
tured to attack, when it was deemed sacred by most men and
the certain ruin of any who should dare to lisp a word
against it: he has persevered through every discouraging ap-
pearance, and has now the satisfaction to find his country-
men are aware of their danger and are taking measures for
their security.

Since writing the foregoing. I am informed that the

printer of the Pennsylvania Herald is not quite decided

whether he will drop his paper; he wishes, and perhaps will

be enabled, to perseverve; however, the conspirators have

41

642 Letters of Centiitel. No. XIII.

effected their purpose; the editor is dismissed and the debates
of the convention thereby suppressed.

Centinel.

Centixei,, No. XIII.*

To the People of Pennsylvania. Fellow Citizens.

The conspirators are putting your good sense, patriotism
and spirit to the severest test. So bold a game of deception,
so decisive a stroke for despotic power, was never before at-
tempted among enlightened freemen. Can there be apathy
so indifferent as not to be roused into indignation, or prejudice
so blind as not to yield to the glaring evidence of a flagitious
conspiracy against the public liberties? The audacious and
high-handed measures practiced to suppress information, and
intimidate discussion, would in any other circumstances than'
the present, have kindled a flame fatal to such daring invaders
of our dearest privileges.

The conspirators having been severely galled and checked
in their career by the artillery of freedom, have made more
vigorous and successful efforts to silence her batteries, while
falsehood with all her delusions is making new and greater
exertions in favor of ambition. On the one hand, every
avenue to information is as far as possible cut off; the usual
communication between the states, through the medium of
the press, is in a great measure destroyed by a new arrange-
ment at the Post OflSce — scarcely a newspaper is suffered to
passf by this conveyance, and the arguments of a Findley, a
Whitehill and a Smilie, that bright constellation of patriots,
are suppressed, and a spurious publication substituted ; and on
the other hand the select committee are assiduously employed
in manufacturing deception in all its ensnaring colors, and
having an adequate fund at their command, they are delug-
ing the country with their productions. The only newspaper
that circulates extensively out of the city is kept running over
with deceptive inventions. Doctor Puff, the paragraphist,

* From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Jan. 30, 1788.
t For the truth of this charge I appeal to the printers.

Leatrs of Centinel. No. XIII. 643

has scarcely slept since liis appointment, having received
orders to work double tides; beneath his creative pen thous-
ands of correspondents rise into view, who all harmonize in
their sentiments and information about the new constitution;
but the chief reliance is on James the Caledonian, who can to
appearance destroy all distinction between liberty and despot-
ism, and make the latter pass for the former, who can bewilder
truth in all the mazes of sophistry, and render the plainest
propositions problematical. He, chameleon-like, can vary his
appearance at pleasure, and assume any character for the pur-
poses of deception. In the guise of a Conciliator^ in the
Independent Gazetteer, he professes great candor and moder-
ation, admits some of the principal objections to the new
constitution to be well founded and insidiously proposes a
method to remove them, which is to consider the first Con-
gress under the new constitution as a convention, competent
to supply all defects in the system of government. This is
really a discovery that does honor to his invention. What ! a
legislative declaration or law a basis upon which to rest our
dearest liberties ? Does he suppose the people have so little
penetration as not to see through so flimsy a delusion, that
such a security would amount to no more than the will and
pleasure of their rulers, who might repeat this fundamental
sanction whenever ambition stimulated ? In the feigned char-
acter of A Free^nan^ he combats the weighty arguments of the
minority of the late convention, by a mere play upon words,
carefully avoiding the real merits of the question; and we
moreover trace him in a variety of miscellaneous productions
in every shape and form; he occasionally assists Doctor Puff
in the fabrication of extracts of letters, paragraphs, correspon-
dents, etc., etc.

So gifted and with such a claim of merit from his extraor-
dinary and unwearied exertions in the cause of despotism,
who so suitable or deserving of the office of Chief Justice of
the United States? How congenial would such a post be to
the principles and dispositions of James! Here he would be
both judge and jury, sovereign arbiter in law and equity. In
this capacity he may satiate his vengeance on patriotism for

644 Letters of Centinel. No. XII I.

the opposition given to his projects of dominion. Here he
may gratify his superlative arrogance and contempt of man-
kind, by trampling upon his fellow creatures with impunity,
here he may give the finishing stroke to liberty, and silence
the offensive complaints of violated justice and innocence, by
adding the sanction of his office to the rapacity of power and
the wantonness of oppression; there will be no intervening
jury to shield the innocent, or procure redress to the injured.
Fellow citizens, although the conspirators and their abet-
tors are not sufficiently numerous to endanger our liberties
by an open and forcible attack on them, yet when the char-
acters of which they are composed and the methods they are
practicing are considered, it ought to occasion the most serious
alarm, and stimulate to an immediate, vigorous, and united
exertion of the patriotic part of the community for the security
of their rights and privileges. Societies ought to be insti-
tuted in every county, and a reciprocity of sentiments and
information maintained between such societies, whereby the
patriots throughout Pennsylvania, being mutually enlightened
and invigorated, would form an invincible bulwark to liberty,
and by unity of counsel and exertion might the better pro-
cure and secure to themselves and to unborn ages the blessings
of a good federal government. Nothing but such a system of
conduct can frustrate the machinations of an ambitious junto,
who, versed in Machiavellian arts, can varnish over with the
semblance of freedom the most despotic instrument of govern-
ment ever projected; who cannot only veil over their own
ambitious purposes, but raise an outcry against the real pa-
triots for interested views, when they are advocating the cause
of liberty and of their country by opposing a scheme of arbi-
trary power and office making; who can give the appearance
of economy to the introduction of a numerous and permanent
standing army, and the institution of lucrative, needless of-
fices to provide for the swarms of gaping, almost famished
expectants, who have been campaigning it for ten years with-
out success against our inestimable State Constitution, as a
reward for their persevering toils, but particularly for their
zeal on the present occasion, and also as a phalanx to tyranny;

Letters of Centifiel No. XIII. 645

and who, notwithstanding the testimony of uniform experi-
ence, evinces the necessity of restrictions on those entrusted
with power, and a due dependence of the deputy on the con-
stituent being maintained to ensure the public welfare; who,
notwithstanding the fate that liberty has ever met from the
remissness of the people and the persevering nature of ambi-
tion, who, ever on the watch, grasps at every avenue to su-
premacy. I say, notwithstanding such evidence before them
of the folly of mankind, so often duped by similar arts, the
conspirators have had the address to inculcate the opinion
that forms of government are no security for the public lib-
erties; that the administration is everything; that, although
there would be no responsibility under the new Constitution
— no restriction on the powers of the government, whose will
and pleasure would be literally the law of the land, yet that
we should be perfectly safe and happy. That as our rules
would be made of the same corrupt materials as ourselves,
they certainly could not abuse the trust reposed in them, but
would be the most self-denying order of beings ever created;
with your purses at their absolute disposal, and your liberties
at their discretion, they would be proof against the charms
of money and the allurements of power. However, if such
Utopian ideas should prove chimerical, and the people should
find the yoke too heavy, they might at pleasure alleviate or
even throw it off. In short, the conspirators have displayed
so much ingenuity on this occasion, that if it had not been
for the patriotism and firmness of some of the printers, which
gave an opportunity to enlightened truth to come forward,
and by her invincible powers to detect the sophistry and ex-
pose the fallacy of such impositions, liberty must have been
overcome by the wiles of ambition, and this land of freemen
have become the miserable abode of slaves.

Centinel.
Philadelphia, January 26, 1788.

646 Letters of Centinel No. XIV.

CentineIv, No. XIV.*
To the People of Pennsylvania. Fellow Citizens.

I am happy to find the comment that I have made upon
the nature and tendency of the new constitution, and my
suspicions of the principles and designs of its authors, are
fully confirmed by the evidence of the Honorable LuTHER
Martin, esquire, late deputy in the general convention.
He has laid open the conclave, exposed the dark scene with-
in, developed the mystery of the proceedings, and illustrated
the machinations of ambition. His public spirit has drawn
upon him the rage of the conspirators, for daring to remove
the veil of secrecy, and announcing to the public the medi-
tated, gilded mischief: all their powers are exerting for his
destruction, the mint of calumny is assiduously engaged in
coining scandal to blacken his character, and thereby to in-
validate his testimony; but this illustrious patriot will rise
superior to all their low arts, and be the better confirmed in
the good opinion and esteem of his fellow-citizeus, upon
whose gratitude he has an additional claim by standing forth
their champion at a crisis when most men would have
shrunk from such a duty. Mr. Martin has appealed to gen-
eral Washington for the truth of what he has advanced, and
undaunted by the threats of his and his country's enemies, is
nobly persevering in the cause of liberty and mankind. I
would earnestly recommend it to all well meaning persons to
read his communication, as the most satisfactory and certain
method of forming a just opinion on the present momentous
question, particularly the three or four last continuances, as
they go more upon the general principles and tendency of the
new constitution. I have in former numbers alluded to some
passages in this publication; I shall in this number quote
some few others, referring to the work itself for a more
lengthy detail. The following paragraphs are extracted from
the continuances republished in the "Independent Gazetteer"
of the 25th January, and the "Pennsylvania Packet" of the
ist February instant, viz.

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Feb. 5, 178S.

Letters of Centinel. No. XIV. 647

" By the eighth section of this article, Congress is to have
power to lay and collect taxes, duties, imposts, and excises.
When we met in convention after our adjournment, to receive
the report of the committee of detail, the members of that
committee were requested to inform us what powers were
meant to be vested in Congress by the word duties in this
section, since the word imposts extended to duties on goods
imported, and by another part of the system no duties on ex-
ports were to be laid. In answer to this inquiry we were in-
formed, that it was meant to give the general government the
power of laying stamp duties on paper, parchment and vel-
lum. We then proposed to have the power inserted in ex-
press words, lest disputes hereafter might arise on the sub-
ject, and that the meaning might be understood by all who
were to be affected by it; but to this it was objected, because
it was said that the word stamp would probably sound odi-
ously in the ears of many of the inhabitants, and be a cause
of objection. By the power of imposing stamp duties the
Congress will have a right to declare that no wills, deeds, or
other instruments of writing, shall be good and valid, with-
out being stamped — that without being reduced to writing
and being stamped, no bargain, sale, transfer of property or
contract of any kind or nature whatsoever shall be binding;
and also that no exemplifications of records, depositions, or
probates of any kind shall be received in evidence, unless
they have the same solemnity. They may likewise oblige all
proceedings of a judicial nature to be stamped to give them
effect — those stamp duties may be imposed to any amount
they please — and under the pretense of securing the collection
of these duties, and to prevent the laws which imposed them
from being evaded, the Congress may bring the decision of
all questions relating to the conveyance, disposition and
rights of property, and every question relating to contracts be-
tween man and man, into the courts of the general govern-
ment— their inferior courts in the first instance and the
superior court by appeal. By the power to lay and collect
imposts, they may impose duties on any or every article of
commerce imported into these states, to what amount they

648 Letters of Cent'uiel No. XIV.

please. By the power to lay excises, a power very odious in
its nature, since it authorizes officers to go into your houses,
your kitchens, your cellars, and to examine into your private
concerns, the Congress may impose duties on every article of
use or consumption; on the food that we eat — on the liquors
we drink — on the clothes we wear — on the glass which en-
lightens our houses — on the hearths necessary for our warmth
and comfort. By the power to lay and collect taxes, they
may proceed to direct taxation on every individual, either by
a capitation tax on their heads, or an assessment on their
property. By this part of the section, therefore, the govern-
ment has a power to lay what duties they please on goods im-
ported— to lay what duties they please afterwards on what-
ever we use or consume — to impose stamp duties to what
amount they please, and in whatever cases they please —
afterwards to impose on the people direct taxes, by capitation
tax, or by assessment, to what amount they choose, and thus
to sluice them at every vein as long as they have a drop of
blood, without any control, limitation or restraint — while all
the officers for collecting these taxes, stamp duties, imposts
and excises, are to be appointed by the general government,
under its direction, not accountable to the states; nor is there
even a security that they shall be citizens of the respective
states, in which they are to exercise their offices; at the same
time the construction of every law imposing any and all
these taxes and duties, and directing the collection of them,
and every question arising thereon, and on the conduct of the
officers appointed to execute these laws, and to collect these
taxes and duties so various in their kinds, are taken away
from the courts of justice of the different states, and confined
to the courts of the general government, there to be heard
and determined by judges holding their offices under the ap-
pointment, not of the states, but of the general government.
"Many of the members, and myself in the number, thought
that the states were much better judges of the circumstances
of their citizens, and what sum of money could be collected
from them by direct taxation, and of the manner in which it
could be raised with the greatest ease and convenience to

Letters of Centinel. No. XIV. 649

their citizens, than the general government could be; and
that the general government ought not in any case to have
the power of laying direct taxes, but in that of the delin-
quency of a state. Agreeable to this sentiment, I brought in
a proposition on which a vote of the convention was taken.
The proposition was as follows: 'And whenever the legislature
of the United States shall find it necessary that revenue should
be raised by direct taxation, having appointed the same by
the above rule, requisitions shall be made of the respective
states to pay into the continental treasury their respective
quotas within a time in the said requisition to be specified,
and in case of any of the states failing to comply with such
requisition, then and then only, to have power to devise and
pass acts directing the mode and authorizing the collection of
the same.' Had this proposition been acceded to, the dan-
gerous and oppressive power in the general government of
imposing direct taxes on the inhabitants, which it now enjoys
in all cases, would have been only vested in it in case of the
non-compliance of a state, as a punishment for its delin-
quency, and would have ceased that moment that the state
complied with the requisition. But the proposition was re-
jected by a majority, consistent wiLh their aim and desire of
increasing the power of the general government as far as pos-
sible, and destroying the powers and influence of the states.
And though there is a provision that all duties, imposts and
excises shall be uniform, that is, to be laid to the same
amount on the same articles in each state, yet this will not
prevent Congress from having it in their power to cause them
to fall very unequal and much heavier on some states than on
others, because these duties may be laid on articles but little
or not at all used in some states, and of absolute necessity for
the use and consumption of others, in which case the first
would pay little or no part of the revenue arising therefrom,
while the whole or nearly the whole of it would be paid by
the last, to wit: The states which use and consume the arti-
cles on which the imposts and excises are laid."

Another extract, viz:

"But even this provision, apparently for the security of

650 Letters of Centinel. No. XIV.

the State governments, inadequate as it is, is entirely left at
the mercy of the general government, for by the fourth sec-
tion of the first article, it is expressly provided, that the Con-
gress shall have a power to make and alter all regulations
concerning the time and manner of holding elections for sen-
ators— a provision expressly looking forward to, and I have
no doubt designed for the utter extinction and abolition of
all State governments. Nor will this, I believe, be doubted
by any person, when I inform you that some of the warm ad-
vocates and patrons of the system in convention, strenuously
opposed the choice of the senators by the State legislatures,
insisting that the State governments ought not to be intro-
duced in any manner so as to be component parts of, or in-
struments for, carrying into execution the general govern-
ment. Nay, so far were the friends of the system from pre-
tending that they meant it or considered it as a federal system,
that on the question being proposed, 'that a union of the
States merely federal ought to be the sole object of the exer-
cise of the powers vested in the convention,' it was negatived
by a majority of the members, and it was resolved 'that a
national government ought to be formed.' Afterwards the
word ' national ' was struck out by them, because they thought
the word might tend to alarm; and although now they who
advocate the system pretend to call themselves federalists, in
convention the distinction was just the reverse: those who
opposed the system, were there considered and styled the fed-
eral party; those who advocated it, the anti-federal.

"Viewing it as a national, not a federal government; as
calculated and designed not to protect and j)reserve, but to
abolish and annihilate the State governments, it was opposed
for the following reasons: — It was said that this continent
was much too extensive for one national government, which
should have sufficient power and energy to pervade and hold
in obedience and subjection all its parts, consistent with the
enjoyment and preservation of liberty; that the genius and
habits of the people of America were opposed to such a gov-
ernment; that during their connection with Great Britain,
they had been accustomed to have all their concerns trans-

Lettej's of Centinel. No. XIV. 651

acted within a narrow circle — their colonial districts; they
had been accustomed to have their seats of government near
them, to which they might have access without much incon-
venience, when their business should require it; that at this
time we find if a county is rather large, the people complain of
the inconvenience, and clamor for a division of their county,
or for a removal of the place where their courts are held, so
as to render it more central and convenient; that in those
States, the territory of which is extensive, as soon as the
population increases remote from the seat of government, the
inhabitants are urgent for a removal of the seat of their gov-
ernment, or to be erected into a new State. As a proof of
this, the inhabitants of the western parts of Virginia and
North Carolina, of Vermont and the province of Maine, were
instances; even the inhabitants of the western parts of Penn-
sylvania, who it was said already seriously look forward to
the time when they shall either be erected into a new State,
or have their seat of government removed to the Susque-
hanna. If the inhabitants of the different States consider it
as a grievance to attend a county court, or the seat of their
own government, when a little inconvenient, can it be sup-
posed they would ever submit to have a national government
established, the seat of which would be more than a thousand
miles removed from some of them? It was insisted that gov-
ernments of a republican nature are those best calculated to
preserve the freedom and happiness of the citizen; that gov-
ernments of this kind are only calculated for a territory but
small in its extent; that the only method by which an exten-
sive continent like America could be connected and united
together consistent with the principles of freedom, must be
by having a number of strong and energetic State govern-
ments for securing and protecting the rights of the individ-
uals forming those governments, and for regulating all their
concerns, and a strong, energetic federal government over
those States for the protection and preservation, and for regu-
lating the common concerns of the States; it was further in-
sisted, that even if it was possible to effect a total abolition
of the State sfovernments at this time, and to establish one

652 Letters of Centinel. No. XIV.

general government over the people of America, it could not
long subsist, but in a little time would again be broken into
a variety of governments of a smaller extent, similar in some
manner to the present situation of this continent: the princi-
pal difference in all probability would be that the govern-
ments, so established, being effected by some violent convul-
sions, might not be formed on principles so favorable to lib-
erty as those of our present State governments; that this
ought to be an important consideration to such of the states
who had excellent governments, which was the case with
Maryland and most others, whatever it might be to persons
who, disapproving of their particular State government,
would be willing to hazard everything to overturn and de-
stroy it. These reasons, sir, influenced me to vote against
two branches in the legislature, and against every part of the
system which was repugnant to the principles of a federal
government. Nor was there a single argument urged, or
reason assigned, which to my mind was satisfactory, to prove
that a good government on federal principles was unattain-
able— the whole of their arguments only proving, what none
of us controverted, that our federal government as originally
formed was defective, and wanted amendment. However, a
majority of the convention hastily and inconsiderately, with-
out condescending to make a fair trial, in their great wisdom,
decided that a kind of government which a Montesquieu and
a Price have declared the best calculated of any to preserve
internal liberty, and to enjoy external strength and security,
and the only one by which a large continent can be connected
and united consistent with the principles of liberty, was
totally impracticable, and they acted accordingly."

After such information, what are we to think of the declar-
ations of Mr. Wilson, who assured our state convention that
it was neither the intention of the authors of the new consti-
tution, nor its tendency, to establish a consolidated or national
government, founded upon the destruction of the State govern-
ments, that such could not have been the design of the general
convention he said was certain, because the testimony of ex-
perience, the opinions of the most celebrated writers, aud the

Letters of Centinel. No. XIV. 653

nature of the case demonstrated in the clearest manner that
so extensive a territory as these United States include could
not be governed by any other mode than a confederacy of re-
publics consistent with the principles of freedom, and that
their own conviction was that nothing short of the supremacy
of despotism could connect and bind together this country
under one government ? Has any one a doubt now re-
maining of the guilt of the conspirators!

The O rs of the P — t O — ce, fearful of the consequences

of their conduct, are taking measures to invalidate the charge
made against them. As this is a matter of the highest im-
portance to the public, it will be necessary to state the charge
and the evidence. In two of my former numbers, I asserted
that the patriotic newspapers of this city and that of New
York miscarried in their passage, whilst the vehicles of des-
potism, meaning those newspapers in favor of the new con-
stitution, passed as usual; and it was particularly asserted
that the patriotic essays of Brutus, Cincinnatus, Cato, etc.,
published at New York, were withheld during the greatest
part of the time that our state convention sat; and in a late
number, I further asserted that since the late arrangement at
the P — t O — ce, scarcely a newspaper was suffered to pass by
the usual conveyance, and for the truth of this last charge I
appealed to the printers; however, I understand this last is
not denied or controverted. When the dependence of the
printers on the P — t O — ce is considered, the injury they may
sustain by incurring the displeasure of these of — rs, and when
to this is added that of the complexion of the printers in re-
spect to the new constitution, that most of them are zealous
in prompting its advancement, it can scarcely be expected
that they would volunteer it against the P — t O — rs, or refuse
their names to a certificate exculpating the o — rs; accordingly
we find that most of the printers have signed a certificate that
the newspapers arrived as usual prior to the first of January,
when the new arrangement took place; however, the printer
of the Freeman's Journal when applied to, had the spirit to
refuse his name to the establishment of a falsehood, and upon
being called upon to specify the missing papers, particularly

654 Letters of CcjttincL No. XIV.

during the sitting of the State convention, he pointed out and
offered to give a list of a considerable number, instancing no
less than seven successive Greenleaf's patriotic New York
papers, besides others occasionally withheld from him; Colo-
nel Oswald was out of town when his family was applied to,
or, I have no doubt, he would have observed a similar con-
duct. But there is a fact that will invalidate any certificate
that can be procured on this occasion, and is alone demon-
strative of the suppression of the patriotic newspapers. The
opponents to the new constitution in this state were anxious
to avail themselves of the well-written essays of the New
York patriots, such as Brutus, Cincinnatus, Cato, etc., and
with that view were attentive to have them republished here
as soon as they came to hand, and especially during the sit-
ting of our state convention, when they would have been the
most useful to the cause of liberty by operating on the mem-
bers of that convention; a recurrence to the free papers of this
city at that period, will show a great chasm in these republi-
cations, owing to the miscarriage of Greenleaf's New York
papers. Agreeable to my assertions it will appear that for the
greatest part of the time that our state convention sat, scarcely
any of the number of Brutus, Cincinnatus, Cato, etc., were re-
published in this city; the fifth number of Cincinnatus, that
contained very material information about the finances of the
union, which strikes at some of the principal arguments in
favor of the new constitution, which was published at New
York the 29th November, was not republished here until the
15th December following, two or three days after the conven-
tion rose, and so of most of the other numbers of this and the
other signatures; so great was the desire of the opponents here
to republish them, that the fourth number of Cincinnatus was
republished so lately as in Mr. Bailey's last paper, which with
other missing numbers were procured by private hands from
New York, and in two or three instances, irregular numbers
were republished. The new arrangement at the P — t O — ce,
novel in its nature, and peculiarly injurious by the suppres-
sion of information at this great crisis of public affairs, is a
circumstance highly presumptive of the truth of the other
charge. CentineL.

Letters of Centinel. No. XV. 655

Centinel, No. XV.*
To the People of Pennsylvania. Fellow Citizens.

There are few of the maxims or opinions we hold, that are
the result of our own investigation or observation, and even
those we adopt from others are seldom on a conviction of
their truth or propriety, but from the fascination of example
and the influence of what is or appears to be the general
sentiment. The science of government being the most ab-
struse and unobvious of all others, mankind are more liable
to be imposed upon by the artful and designing in systems
and regulations of government, than on any other subject:
hence a jealousy of innovation confirmed by uniform exper-
ience prevails in most communities; this reluctance to
change has been found to be the greatest security of free
governments, and the principal bulwark of liberty; for the
aspiring and ever-restless spirit of ambition would otherwise,
by her deceptive wiles and ensnaring glosses, triumph over
the freest and most enlightened people. It is the peculiar
misfortune of the people of these United States, at this awful
crisis of public affairs, to have lost this useful, this absolutely
necessary jealousy of innovation in government, and thereby
to lie at the mercy and be exposed to all the artifices of am-
bition, without this usual shield to protect them from imposi-
tion. The conspirators, well aware of their advantage, have
seized the favorable moment, and by the most unparalleled,
arts of deception, have obtained the sanction of the conven-
tions of several states to the most tyrannic system of govern-
ment ever projected.

The magic of great names, the delusion of falsehood, the
suppression of information, precipitation and fraud have been
the instruments of this partial success, the pillars whereon
the structure of tyranny has been so far raised. Those influ-
ential vehicles, the newspapers, with few exceptions, have
been devoted to the cause of despotism, and by the subser-
viency of the P O , the usefulness of the patriotic

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Feb. 22, 1788.

656 Letters of Centinel. No. XV.

newspapers has been confined to the places of their publica-
tion, whilst falsehood and deception have had universal cir-
culation, without the opportunity of refutation. The feigned
unanimity of one part of America, has been represented to
produce the acquiescence of another, and so mutally to im-
pose upon the whole by the force of example.

The adoption of the new constitution by the convention
of the state of Massachusetts, by a majority of nineteen out
of near four hundred members, and that too qualified by a
number of propositions of amendment, cannot afford the
conspirators much cause for triumph, and especially when all
the circumstances under which it has been obtained are con-
sidered. The late alarming disorders which distracted that
state, and even threatened subversion of all order and gov-
ernment, and were with difficulty suppressed, occasioned the
greatest consternation among all men of property and rank.
In this disposition even the most high-toned and arbitrary
government became desirable as a security against licentious-
ness and agrarian laws; consequently the new constitution
was embraced with eagerness by men of these descriptions,
who in every community form a powerful interest, and, added
to the conspirators, office hunters, etc., etc., made a formid-
able and numerous party in favor of the new constitution.
The elections of the members of convention were, moreover,
made in the first moments of blind enthusiasm, when every
artifice was practiced to prejudice the people against all those
who had the enlightened patriotism to oppose this system of
tyranny. Thus was almost every man of real ability, who
was in opposition, excluded from a seat in this convention.
Consequently the contest was very unequal: well-meaning
though uninformed men were opposed to great learning, elo-
quence, and sophistry, in the shape of lawyers, doctors, and
divines, who were capable and seemed disposed to delude by
deceptive glosses and specious reasoning. Indeed, from the
specimens we have seen of the discussion on this occasion,
every enlightened patriot must regret that the cause of liberty
has been so weakly although zealously advocated — that its
champions were so little illuminated. In addition to these

Letters of Centinel. No. XVI. 657

numerous advantages in the convention, the friends of the
new constitution had the weight and influence of the town
of Boston to second their endeavors, and yet, notwithstand-
ing all this, were near losing the question, although delu-
sively qualified. Is this any evidence of the excellency of
the new constitution? Certainly not. Nor can it have any
influence in inducing the remaining states to accede. They
will examine and judge for themselves, and from their wis-
dom in taking due time for deliberation, I have no doubt will
prove the salvation of the liberties of the United States.

Centinel.
Philadelphia, February 20th, 1788.

Centinei<, No. XVI.*
To the People of Pennsylvania. Fellow Citizens.

The new constitution, instead of being the panacea or cure
of every grievance so delusively represented by its advocates,
will be found upon examination like Pandora's box, replete
with every evil. The most specious clauses of this system of
ambition and iniquity contain latent mischief, and pre-
meditated villainy. By section 9th of the ist article, "No
ex post facto law shall be passed." This sounds very well
upon a superficial consideration, and I dare say has been read
by most people with approbation. Government undoubtedly
ought to avoid retrospective laws as far as may be, as they
are generally injurious and fraudulent: yet there are occa-
sions when such laws are not only just but highly requisite.
An ex post facto law is a law made after the fact, so that the
Congress under the new constitution are precluded from all
control over transactions prior to its establishment. This
prohibition would screen the numerous public defaulters, as
no measure could be constitutionally taken to compel them to
render an account and restore the public moneys; the unac-
counted millions lying in their hands would become their
private property. Hitherto these characters from their great
weight and numbers have had the influence to prevent an in-

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Feb. 26, 178S.
42

658 Letters of Centinel. No. XI 7.

vestigation of their accounts; but if this constitution be estab-
lished, they may set the public at defiance, as they would be
completely exonerated of all demands of the United States
against them. This is not a strained construction of this
section, but the proper evident meaning of the words, which
not even the ingenuity or sophistry of the Caledonian can
disguise from the meanest capacity. However if this matter
admitted of any doubt, it would be removed by the following
consideration, viz., that the new constitution is founded upon
a dissolution of the present articles of confederation and is an
original compact between those states, or rather those indivi-
duals, who accede to it; consequently all contracts, debts and
engagements in favor or against the United States, under the
old government, are cancelled unless they are provided for in
the new constitution. The framers of this constitution ap-
pear to have been aware of such consequence by stipulating
in article 6th, that all debts contracted, and engagements
entered into before the adoption of this constitution shall be
valid against the United States under the new constitution,
but there is no provision that the debts, etc., due to the
United States, shall be valid or recoverable. This is a strik-
ing omission, and must have been designed, as debts of the
latter description would naturally occur and claim equal at-
tention with the former. This article implied, cancels all
debts due to the United States prior to the establishment of
the new constitution. If equal provision had been made for
the debts due to the United States, as against the United
States, the ex post facto clause would not have so pernicious
an operation.

The immaculate convention that is said to have possessed
the fullness of patriotism, wisdom and virtue, contained a
number of the principal public defaulters; and these were the
most influential members and chiefly instrumental in the
framing of the new constitution. There were several of this
description in the deputation from the state of Pennsylvania,
who have long standing and immense accounts to settle, and
MILLIONS perhaps to refund. The late Financier alone, in
the capacity of chairman of the commercial committee of

Letters of Centinel. No. XI 7. 659

Congress, early in the late war, was entrusted with millions of
public money, which to this day remain unaccounted for, nor
has he settled his accounts as Financier. The others may also
find it a convenient method to balance accounts with the pub-
lic; they are sufficiently known and therefore need not be
designated. This will account for the zealous attachment of
such characters to the new constitution and their dread of in-
vestigation and discussion. It may be said that the new Con-
gress would rather break through the constitution than suffer
the public to be defrauded of so much treasure, when the bur-
thens and distresses of the people are so very great; but this
is not to be expected from the characters of which that Con-
gress would in all probability be composed, if we may judge
from the predominant influence and interest these defaulters
now possess in many of the states. Besides, should Congress
be disposed to violate the fundamental articles of the consti-
tution for the sake of public justice, they would be prevented
in so doing by their oaths,* but even if this should not prove
an obstacle, if it can be supposed that any set of men would
perjure themselves for the public good, and combat an host
of enemies on such terms, still it would be of no avail, as there
is a further barrier interposed between the public and these
defaulters, namely, the supreme court of the union, whose
province it would be to determine the constitutionality of any
law that may be controverted; and supposing no bribery or
corrupt influence practiced on the bench of judges, it would
be their sworn duty to refuse their sanction to laws made in
the face and contrary to the letter and spirit of the constitu-
tion, as any law to compel the settlement of accounts and
payment of moneys depending and due under the old confed-
eration would be. The ist section of 3d article gives the

* Article VI. "The senators aad representatives before mentioned and
the members of the several state legislatures, and all executive and judicial
officers, both of the United States and of the several states, shall be bound
by oath to support this constitution." Were ever public defaulters so effec-
tually screened! Not only the administrators of the general government,
but also of the state governments, are prevented by oath from doing justice
to the public; and the legislature of Pennsylvania could not without jDerjury
insist upon the delinquent states discharging their arrears.

66o Letters of Centinel. No. XVIL

supreme court cognizance of not only the laws, but of all cases
arising under the constitution, which empowers this tribunal
to decide upon the construction of the constitution itself iii
the last resort. This is so extraordinary, so unprecedented
an authority that the intention in vesting of it must have
been to put it out of the power of Congress, even by breaking
through the constitution, to compel these defaulters to restore
the public treasure.

In the present circumstances these sections of the new con-
stitution would be also productive of great injustice between
the respective states; the delinquent states would be exoner-
ated from all existing demands against them on account of
the great arrearages of former requisitions, as they could not
be constitvitionally compelled to discharge them. And as the
majority of the states are in this predicament, and have an
equal voice in the senate, it would be their interest, and in
their power by not only the constitution, but by a superiority
of votes, to prevent the levying of such arrearages. Besides
the constitution, moreover, declares that all taxes, etc., shall
be uniform throughout the United States, which is an ad-
ditional obstacle against noticing them.

The state of Pennsylvania in such cases would have no
credit for her extraordinary exertions and punctuality hereto-
fore; but would be taxed equally with those states which for
years past have not contributed anything to the common ex-
penses of the union; indeed, some of the states have paid
nothing since the revolution. CentineL.

Philadelphia, 23d February, 1788.

Centinel, No. XVII.*
To the PeopIvE of Pennsylvania. Fellow Citizens.

In my last number I exposed the villainous intention of
the framers of the new constitution, to defraud the public out
of the millions lying in the hands of individuals by the con-
struction of this system, which would, if established, cancel

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
March 24, 1788.

Letters of Centinel. No, XI 71. 66i

all debts now due to the United States. I also showed that
thereby the delinquent states would be exonerated of all
arrearages due by them on former requisitions of Congress;
and to prove that the cancelling of all public dues was pre-
meditated in regard to individuals, I stated that the general
convention contained a number of the principal public
defaulters, and that these were the most influential members,
and chiefly instrumental in framing the new constitution:
in answer to which, the conspirators have, by bold assertions,
spurious vouchers, and insufficient certificates, endeavored to
exculpate one member, and to alleviate the weight of the
charge of delinquency against another. In the face of a re-
solution of Congress of the 20th June, 1785, declaring their
intention of appointing thfee commissioners, to settle and ad-
just the receipts and expenditures of the late financier, the
conspirators have asserted that his accounts were finally
settled in November, 1784, for which they pretend to have
vouchers, and by a pompous display of certain resolutions of
Congress, respecting a particular charge of fraud against him,
as commercial agent to the United States, they vainly hope
to divert the public attention from his great delinquency, in
never accounting for the millions of public money entrusted
to him in that line. When we consider the immense sums

of money taken up by Mr. M s* as commercial agent, to

import military supplies, and even to trade in behalf of the
United States, at a time when the risk was so great, that in-
dividuals would not venture their property; that all these

transactions were conducted under the private firm of W g

and M , which afforded unrestrained scope to peculation

and embezzlement of the public property, by enabling Mr.

M s to throw the loss of all captures by the enemy, at

that hazardous period, on the public, and converting most of
the safe arrivals (which were consequently very valuable) in-
to his private property; and when we add to these considera-
tions the principles of the man, his bankrupt situation at the
commencement of the late war, and the immense wealth he
has dazzled the world with since, can it be thought unreason-
able to conclude, that the principal source of his affluence
* See Append'x.

662 Letters of Centinel. No. XVII.

was the commercial agency of the United States, during the
war? — not that I would derogate from his successful ingenuity
in his numerous speculations in the paper moneys, Havannah
monopoly and job, or in the sphere of financiering. *

The certificate published in behalf of general M-fil-n, the
quartermaster gen — 1, will not satisfy a discerning public, or
acquit him of the charge of delinquency, as this certificate was
procured to serve an electionering purpose, upon a superficial
and hasty inspection of his general account, unchecked by
the accounts of his deputies, whose receipts and expenditures
had not been examined, and consequently, by errors, collusion
between him and them, or otherwise g 1 M-fil-n may re-
tain a large balance in his hands; in such case a quietus may
have been thought expedient to coutinue his afiiuence.

For the honor of human nature, I wish to draw a veil over
the situation and conduct of another weighty character, whose
name has given a false lustre to the new constitution, and
been the occasion of sullying the laurels of a Washingtoi^ by
inducing him to acquiesce in a system of despotism and vil-
lainy, at which enlightened patriotism shudders.

The discovery of the intended fraud, which for magnitude
and audacity is unparalleled, must open the eyes of the de-
luded to the true character and principles of the men who had
assumed the garb of patriotism with an insidious design of
enslaving and robbing their fellow citizens, of establishing
those odious distinctions between the well-born and the great
body of the people, of degrading the latter to the level of
slaves and elevating the former to the rank of nobility.

The citizens of this state, which is in advance in its pay-
ments to the federal treasury, whilst some of the others have
not paid a farthing since the war, ought in a peculiar manner
to resent the intended imposition and make its authors expe-
rience their just resentment; it is incumbent upon them in a
particular manner to exert themselves to frustrate the meas-
ures of the conspirators, and set an example to those parts of
the union who have not enjoyed the blessing of a free press
on this occasion, but are still enveloped in the darkness of
delusion, and enthralled by the fascination of names.
* See Appendix.

Letters of Centinel. No. XVII. G6t,

Could it have been supposed seven years ago, that, before
the wounds received in the late conflict for liberty were
scarcely healed, a postmaster-general and his deputies would
have had the daring presumption to convert an establishment
intended to promote and secure the public welfare into an
engine of despotism, by suppressing all those newspapers that
contain the essays of patriotism and real intelligence, and
propagating instead thereof falsehoods and delusion? Such
a supposition at that time would have been treated as chi-
merical; but how must our indignation rise when we find
this flagitious practice is persevered in, after being publicly
detected ! Must not the bribe from the conspirators be very
great to compensate the postmaster-general and his deputies
for the loss of character and infamy consequent upon such
conduct, and for the danger they incur of being impeached
and turned out of office?

The scurrilous attack of the little Fiddler upon Mr. Work-
man of the university, on a suspicion, perhaps unfounded, of
his being the author of a series of essays under the signature
of Philadelphieiisis^ is characteristic of the man. He has ever
been the base parasite and tool of the wealthy and great, at
the expense of truth, honor, friendship, treachery to bene-
factors— nay, to the nearest relatives: all have been sacrificed
by him at the shrine of the great. He ought, however, to
have avoided a contrast with so worthy and highly respected
a character as Mr. Workman, who had an equal right with
himself to offer his sentiments on the new constitution; and
if he viewed it as a system of despotism, and had talents to
unfold its nature and tendency, he deserves the thanks of
every patriotic American, if he has exerted them under the
character of Philadelphiensis. His not being above four
years in the country can be no objection. The celebrated
Thomas Paine wrote his Common Sense before he had been
two years in America, which was not the less useful or ac-
ceptable upon that account. The public have nothing to do
with the author of a piece: it is the merits of the writi-ng that
are alone to be considered. Mr. Workman, prior to his com-
ing to America, was a professor in an eminent academy in

664 Letters of Centinel. No. XVIII.

Dublin. Little Francis should have been cautious in giving
provocation, for insignificance alone could have preserved
him the smallest remnant of character. I hope he will take
the hint, or such a scene will be laid open as will disgrace
even his patrons; the suit of clothes, and the quarter cask of
wine, will not be forgot. Centinei..

Philadelphia, March 19th, 1788.

Centinel, No. XVIII.*

To the People of Pennsylvania. Fellow Citizens.

The measures that are pursuing to efiect the establishment
of the new constitution, are so repugnant to truth, honor,
and the well-being of society, as would disgrace any cause.
If the nature and tendency of this system were to be judged
of by the conduct of its framers and patrons, what a picture
of ambition and villainy would present itself to our view!
From the specimens they have already given, anticipation
may easily realize the consequences that would flow from the
new constitution, if established; we may bid adieu to all the
blessings of liberty, to all the fruits of the late glorious asser-
tion of the rights of human nature, made at the expense of
so much blood and treasure. Yet such is the infatuation of
many well meaning persons, that they view with indifierence
the atrocious villainy which characterizes the proceedings
of the advocates of the new system. The daring, and in
most parts of the United States, the successful methods prac-
tised to shackle the press, and destroy the freedom of discus-
sion, the silencing the Pennsylvania Herald, to prevent the
publication of the invaluable debates of the late convention
of this state; the total suppression of real intelligence, and of
the illuminations of patriotism, through the medium of the
post-office; the systematic fraud and deception that pervade
the union; the stigmatizing, and by every art which ambi-
tion and malice can suggest, laboring to villify, intimidate
and trample under foot every disinterested patriot who, per-

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
April 9, 1788.

Letters of Centinel. No. XVIII. 665

ferring his country's good to every other consideration, has
the courage to stand forth the champion of liberty and the
people; and the intercepting of private confidential letters
passing from man to man, violating the sacredness of a seal,
and thus infringing one of the first privileges of freemen —
that of communicating with each other: I say all these are
overlooked by the infatuated admirers of the new system,
who, deluded by tho: phantom of wealth and prosperity, pro-
fit not by the admonitory lesson which such proceedings
afford, are deaf to the calls of patriotism, and would rush
blindly into the noose of ambition.

However, to the honor of Pennsylvania, a very large
majority of her citizens view the subject in its true light, and
spurn the shackles prepared for them. They will in due
time convince the aspiring despots and avaricious office-hun-
ters, that their dark intrigues, and deep concerted schemes
of power and aggrandizement, are ineffectual; that they are
neither to be duped nor dragooned out of their liberties.
The conspirators, I know, insolently boast that their strength
in the other states will enable them to crush the opposition
in this; but let them not build upon that which is in its
nature precarious and transient, which must fail them the
moment the delusion is dispelled. Their success in the other
states is the fruit of deceptions that cannot be long supported.
Indeed, the audacity and villainy of the conspirators on the
one hand, and the frantic enthusiasm and easy credulity of
the people on the other, in some of the states, however well
attested and recorded in the faithful page of history, will be
treated by posterity as fabulous.

The great artifice that is played off on this occasion, is the
persuading the people of one place, that the people every-
where else are nearly unanimous in favor of the new system,
and thus endeavoring by the fascination of example and
force of general opinion to prevail upon the people every
where to acquiesce in what is represented to them as the gen-
eral sentiment.

Thus as one means of deception has failed them, they have
adopted another, always avoiding rational discussion. When

666 Letters of Ceiitmel No. XVIII.

the glare of great names, the dread of annihilation if the new
system was rejected or the adoption of it even delayed, were
dissipated by the artillery of truth and reason; they have re-
curred to the one now practising, the intimidating and im-
posing influence of imaginary numbers and unanimity that
are continually reverberated from every part of the union, by
the tools and vehicles of the would-be despots; and in which
they have had astonishing success. The people in the East-
ern States have been taught to believe that it is all harmony
to the Southward; and in the Southern States they are dis-
couraged from opposition by the unanimity of the Eastern
and Northern States; nay, what will appear incredible, con-
sidering the distance, a gentleman of veracity just returned
from New York, assures that the conspirators have had the
address to inculcate an opinion there that all opposition had
ceased in this state, notwithstanding the evidence of the con-
trary is so glaring here; this gentleman further informs, that
so entirely devoted is the post-office, that not a single news-
paper is received by the printers of that place from this city
or elsewhere; and a Boston newspaper, come by private hand,
announces to the public, that for some months past, the
printers there have received no newspapers to the Southward
of New Haven, in Connecticut, where the press is muzzled,
and consequently cannot injure the cause; that all intelli-
gence of the occurrences in the other States is withheld from
them; and that they know more of the state of Europe, than
of their own country.

Notwithstanding many thousand copies of the Reasons of
Dissent of the minority of the late convention of this state
were printed and forwarded in every direction, and by various
conveyances, scarcely any of these got beyond the limits of
this state, and most of them not until a long time after their
publication. The printer of these Reasons, by particular de-
sire, addressed a copy of them to every printer in the union,
which he sent to the Post Office to be conveyed in the mail
as usual, long before the nezv ai'rangenient^ as it is called,
took place; and yet we since find that none of them reached
the place of their destination. This is a full demonstration

Letters of Centinel. No. XVIII. 667

of the subserviency of the Post Office, and a striking evidence
of the vigilance that has been exerted to suppress information.
It is greatly to be regretted that the opposition in Massachu-
setts were denied the benefits of our discussion that the un-
answerable dissent of our minority did not reach Boston in
time to influence the decision of the great question by their
convention as it would in all probability have enabled patriot-
ism to triumph ; not that I would derogate from the good
sense and public spirit of that state, which I have no doubt
would in common circumstances have shone with equal splen-
dor, but this was far from being the case; the new constitution
was viewed in Massachusetts through the medium of a Shays,
the terrors of his insurrection had not subsided; a government
that would have been execrated at another time was embraced
by many as a refuge from anarchy, and thus liberty deformed
by mad riot and dissention, lost her ablest advocates.

As the liberties of all the states in the union are struck at
in common with those of Pennsylvania, by the conduct of
the Post Master General and deputies, I trust that the example
which her Legislature * has set by instructing her delegates
in Congress on this subject, will be followed by the others,
that with one accord they will hurl their vengeance on the
venal instruments of ambition, who have presumed to pros-
trate one of the principal bulwarks of liberty. In a confed-
erated government of such extent as the United States, the
freest communication of sentiment and information should
be maintained, as the liberties, happiness and welfare of the
union depend upon a concert of counsels; the signals of alarm
whenever ambition should rear its baneful head, ought to be
uniform. Without this communication between the members
of the confederacy the freedom of the press, if it could be
maintained in so severed a situation, would cease to be a
security against the encroachments of tyranny. The truth of
the foregoing position is strikingly illustrated on the present
occasion; for want of this intercommunity of sentiment and
information, the liberties of this country are brought to an

*The application to Congress from our Legislature was made upon the
complaint of all the printers of newspapers in the city of Philadelphia.

668 Letters of Centinel. No. XVIII.

awful crisis; ambition has made a great stride towards domin-
ion, has succeeded through the medium of muzzled presses
to delude a great body of the people in the other states, and
threatens to overwhelm the enlightened opposition in this by
extei^iial force. Here, indeed, notwithstanding every nerve
was strained by the conspirators, to muzzle or demolish every
newspaper that allowed free discussion, two printers have
asserted the independency of the press, whereby the arts of
ambition have been detected, and the new system has been
portrayed in its native villainy; its advocates have long since
abandoned the field of argument, relinquished the unequal
contest, and truth and patriotism reign triumphant in this
state; but the conspirators trust to their success in the other
states for the attainment of their darling object, and therefore
all their vigilance is exerted to prevent the infectious spirit
of freedom and enlightened patriotism communicating to the
rest of the union — all intercourse is as far as possible cut off.
To rectify the erroneous representation made in the other
states of the sentiments of the people in this respecting the
new constitution, I think it my duty to state the fact as it
really is. — Those who favor this system of tyranny are most
numerous in the city of Philadelphia, where perhaps they
may be a considerable majority. In the most eastern coun-
ties they compose about one-fourth of the people, but in the
middle, northern and western counties not above a twentieth
part, so that upon the whole the friends to the new constitu-
tion in this state are about one-sixth of the people. The fol-
lowing circumstance is an evidence of the spirit and decision
of the opposition. — An individual, unadvisedly and without
concert, and contrary to the system of conduct generally
agreed upon, went to the expense of printing and circulating
an address to the legislature, reprobating in the strongest
terms the new constitution, and praying that the deputies of
this state in the federal convention, who in violation of their
duty acceded to the new constitution, be called to account
for their daring procedure. This address, or petition, was
signed by upwards of four thousand citizens in only two
counties, viz., Franklin and Cumberland; and if the time

Letters of Ccntinel. No. XVI IT. 669

had admitted, prior to the adjouninieiit of the legislature,
there is reason to believe that this high-toned application
would have been subscribed by five-sixth of the freemen of
this state. The advocates of the new constitution, availing
themselves of this partial measure of two counties, have as-
serted it to be the result of a general exertion, which is so
evidently false that it can only deceive people at a distance
from us, for the counties over the mountain are nearly unani-
mous in the opposition. In Fayette at a numerous county
meeting, there appeared to be but two persons in favor of the
constitution ; in Bedford county, in the mountains, there are
not above twenty; in Huntingdon adjoining, about 30; in
Dauphin, in the middle countr}', not 100; in Berks, a large
eastern county that has near 5,000 taxable inhabitants, not
more than 50, and so of several others, and yet no petitions
were circulated or signed in these counties. The system of
conduct alluded to is the forming societies in every county in
the state, who have committees of correspondence. These
are now engaged in planning a uniform exertion to emanci-
pate this state from the thraldom of despotism. A convention
of deputies from every district will in all probability be agreed
upon as the most eligible mode of combining the strength of
the opposition, which is increasing daily both in numbers
and spirit.

The Centinel, supported by the dignity of the cause he ad-
vocates, and sensible that his well-meant endeavors have
met the approbation of the community, views with ineffable
contempt the impotent efforts of disappointed ambition to de-
preciate his merit and stigmatize his performances, and with-
out pretending to the spirit of divination, he thinks he may
predict that the period is not far distant when the authors
and wilfiil abettors of the new constitution will be viewed
with detestation by every good man, whilst the Centinels of
the present day will be honored with the esteem and confi-
dence of a grateful people.

Great pains have been taken to discover the author of these
papers, with a view, no doubt, to villify his private charac-
ter, and thereby lessen the usefulness of his writings, and

670 Letters of Ccntinel. No. XIX.

many suppose they have made the discovery, but in this they
are mistaken. The Centinel submits his performances to the
public judgment, and challenges fair argumentation; the in-
formation he has given from time to time, has stood the test
of the severest scrutiny, and thus his reputation as a writer,
is established beyond the injury of his enemies. If it were
in the least material to the argument or answered any one
good purpose, he would not hesitate a moment in using his
own signature; as it would not, but on the contrary, point
where the shafts of malice could be levelled with most effect,
and thus divert the public attention from the proper object,
to a personal altercation, he from the first determined that the
prying eye of party or curiosity should never be gratified
with his real name, and to that end to be the sole depository
of the secret. He has been thus explicit to prevent the repe-
tition of the weakness of declaring off, when charged with
being the author, and to put the matter upon its true footing;
however, it may flatter his vanity, that these papers should
be ascribed to an illustrious patriot, whose public spirit and
undaunted firmness of mind, eclipse the most shining orna-
ments of the Roman commonwealth, in its greatest purity
and glory whose persevering exertions for the public welfare,
have endeared him to his country, whilst it has made every
knave and aspiring despot, his inveterate enemy, and who
has never condescended to deny any writings that have been
ascribed to him, or to notice the railings of party.

Centinel.
Philadelphia, April 5th, 1788.

Centinei. No. XIX*

To the People of Pennsylvania. Friends.^ Coimtrymen

and Fellow Citizens.

When I last addressed you on the subject of the new con-
stitution, I had not a doubt of its rejection. The baneful
nature and tendency of this system of ambition had been so
fully exposed that its most zealous advocates were constrained

* " Inrlependent Gazetteer; or, The Chronicle of Freedom; 'Oct. 7, 1788.

Letters of Centinel. No. XIX. 671

to acknowledge many imperfections and dangers,- and secju-
ingly to acquiesce in the necessity of amendments. How-
ever, by the time this general conviction had taken place in
the minds of the people, so many states had adopted the con-
stitution and the public anxiety was so great to have an
efficient government that the votaries of power and ambition
were enabled by adapting their language and conduct to the
temper of the times, to prevail upon a competent number of
the states to establish the constitution without previous alter-
ation upon the implied condition of subsequent amendments,
which they assured would certainly be made, as every body
was agreed in their propriety.

My knowledge of the principles and conduct of tliese men
for many years past left me no room to doubt of their insin-
cerity on this occasion. I was persuaded that all their pro-
fessions of moderation and assurance of future amendments,
were founded in deception, that they were but the blind of
the moment, the covered way to dominion and empire. Like
a barrel thrown to the whale, the people were to be amused
with fancied amendments until the harpoon of power should
secure its prey and render resistance ineffectual. Already the
masque of ambition begins to be removed and its latent fea-
tures to appear in their genuine hue, disdaining any further
veil from policy; the well-born^ inebriated with success, and
despising the people for their easy credulity, think it unnec-
essary to dissemble any longer; almost every newspaper ridi-
cules the idea of amendments and triumphs over the deluded
people. Ye patriots of America, arouse from the dangerous
infatuation in which ye are lulled, and while it is yet time,
strain every nerve to rescue your country from the servile
yoke of bondage and to preserve that liberty which has been
so recently vindicated at the expense of so much blood and
treasure. Upon the improvement of the present moment de-
pends the fate of your country; you have now a constitutional
opportunity afforded you to obtain a safe and a good govern-
ment by making choice of such persons to represent you in
the new congress, as have congenial sentiments with your-
selves. Suffer not, ye freemen of America, the well-born^ or

672 Letters of Cejiiinel. No. XIX,

their servile minions^ to usurp the sacred trust — to impose
themselves upon you as your guardians; for whatever pro-
fessions they may make, or assurances they may give you,
depend upon it they will deceive you: like the wolf in sheep's
clothing, they will make you their prey. Treat with con-
tempt the slanderous arts of the well-born to prejudice you
against your true friends, and convince them on this great
occasion, by your good sense, union and vigor, that you are
not to be duped out of your liberties by all the refinements of
Machiavellian policy. The future government of these
United States will take its tone from the complexion of the
first congress; upon this will greatly depend whether despotic
sway, or the salutary influence of a well-regulated govern-
ment shall hereafter rule this once happy land. As the leg-
islature of this state have appointed the last Wednesday in
November next for the election of the eight representatives
from this state in the new congress, you ought to be prepared
for that all-important day ; and as success is only to be en-
sured by unanimity among the friends of equal liberty, local
and personal predilections and dislikes should give place to
the general sentiment. Whatever ticket may be agreed to by
the majority of the opposition to the new constitution in its
present shape ought to be supported by all those who are sin-
cere in wishing for amendments. I trust that all prejudices
and antipathies arising from the late war, or from difference
of religion, will be sacrificed to the great object of the public
welfare, and that all good and well-meaning men of whatever
description will harmonize on this occasion. For among the
various practices and stratagems of the well-born, the princi-
pal one, and upon which they will the most rely for success,
will be the endeavor to divide you, and thus by scattering
your suffrages between various candidates, to frustrate your
object.

From the mode of appointment, the Senate of the general
government will be chiefly composed of the well-born^ or
their minions, and when we consider the great and various
powers which they will possess, and their permanency, it
ought to operate as an additional stimulus with you to obtain

Letters of Centinel. No. XX. 673

faithful representatives in the other branch of legislature, to
shield your privileges and property from the machinations of
ambition and the rapacity of power. The Senate, besides
their proper share in the Legislature, have great executive
and judicial powers — their concurrence is made necessary to
all the principal appointments in government. What a fruit-
ful source of corruption does not this present! in the capacity
of Legislators they will have the irresistible temptation to in-
stitute lucrative and needless offices, as they will in fact, have
the appointment of the officers.

When I consider the nature of power and ambition, when I
view the numerous swarm of hungry office-hunters, and their
splendid expectations, anticipation exhibits such a scene of
rapacity and oppression, such burthensome establishments to
pamper the pride and luxury of a useless herd of officers, such
dissipation and profusion of the public treasure, such conse-
quent impoverishment and misery of the people that I trem-
ble for my country.

Such evils are only to be averted by a vigorous exertion of
the freemen of America, to procure a virtuous, disinterested,
and patriotic House of Representatives. That you may all
view the importance of this election in its true light, and im-
prove the only means which the constitution affords you for
your preservation, is the ferv'ent wish of

Centinel.

Philadelphia, October 3d, i;

CentineIv No. XX.*

To the Citizens of Philadelphia.

I congratulate my fellow citizens on the dawn of returning
independence of sentiment evinced at the last election; may
its ennobling influence stimulate to further and more effectual
exertions; may the dictates of the ivell-born junto be treated
on every occasion, with the contempt they experienced in re-
gard to the late choice of councillor for this city.

Blinded by prejudice industriously fomented, influenced by

*Frotn "The Independent Gazetteer; or, The Chronicle of Freedom,"
Nov. J3, 1788.
43

574 Letters of Centmel. No. XX.

sordid motives of private interest, or intimidated by appre-
hensions of being ruined in their professions, a great majority
of the citizens of Philadelphia have suffered themselves to be
made the scaffold upon which the well-born Junto have as-
cended to the government of this state, and thereby to a pre-
dominancy in that of the United States. For several years
past the essential privilege of freemen, that of electing their
legislators has been reduced to unsubstantial form, to a mere
farce, the appointment being really made by the junto^ pre-
vious to the legal election. The situation of this city has
been similar to that of Rome, under the emperors^ who art-
fully gratified the people with the forms of that liberty which
they had enjoyed under the republic; continuing their
ostensible representatives and officers, although in fact they
were the creatures of the emperors and entirely subservient to
them. Thus you have been amused with the show of annual
elections, and the name of representatives without the reality.

It may be useful to take a retrospect of the means by which
this well-born junto^ who ten years ago could not muster
more than eighty-two devoted adherents in the state of Penn-
sylvania, have now become so formidable as to threaten the
liberties of all America.

The first consideration that this review presents is, the
policy by which the junto have attached to their party the
weighty interest of the Quakers and Tories. In the late
arduous contest with Great Britain, wherein the lives and
fortunes of the Whigs were dependent upon the uncertain
issue of the war, and in the course of which so much barbarity
and devastation were committed by the British; it is not to
be wondered at that those persons who were disaffected to the
common cause, who refused to share the dangers or contrib-
ute to the expenses of the war, and on the contrary were
justly suspected to be aiding and assisting a cruel and vin-
dictive foe, should in consequence thereof, incur the resent-
ment of the Whigs and be treated rather as enemies to their
country than as fellow citizens. Hence the test-law^ which
was made to draw the line of discrimination, and to exclude
from our councils those who were inimical to our cause;

Letters of Centinel. No. XX. 675

hence too the violence and severity with which the disaffected
were treated; which has laid the foundation of the most im-
placable resentments and lasting prejudices.

The junto., considering that persons so situated and under
the influence of such feelings, would make zealous adherents
if they could be flattered with hopes of protection from what
they deemed oppression and persecution, and still more so if
they could be flattered with the pleasing prospect of a repeal
of the test-law, and thereby having it in their power to assert
their rights and vindicate their sufferings; the jii7ito accord-
ingly made the most liberal offers of their services to the dis-
affected, and as their dislike and dread of the Whigs was
the cement of union, the basis upon which the well-bor?t
meant to build their meditated schemes of profit and ag-
grandisement, Galen^ and such minions were employed to
aggravate the feelings and confirm the resentments of the dis-
affected by such misrepresentations of the principles and de-
signs of the Whigs as to keep the former under continual
apprehension of violence and rapine;* this persuasion had the

*It is astonishing to think how successful this artifice has been. The dis-
affected were too highly prejudiced against the constitutional Whigs by the
odious light in which they were continually represented by the well-born
and their minions, as they were brought to consider them as the most vio-
lent, unprincipled, and abandoned of men, who were conspiring against the
lives, property, and happiness of all other classes of people. Under such
impressions two very worthy quakers, Robert Smith and Jonathan Morris,
were, after the repeal of the test-law, elected members of the legislature for
Chester county. But what was the astonishment of these honest men, when,
in pursuing the dictates of their conscience and judgment, they found that
in almost every vote they harmonized with the constitutionalists, and dif-
fered with those men they had been so highly prejudiced in favor of, whose
corrupt principles and views they had now a demonstration of. Often have
I heard them express their ardent wish, that all those of their constituents
who were under the same delusion that they had been, might have the same
opportunity of seeing and judging for themselves. But the upright conduct
of these men was so highly displeasing to the junto, that at the next election
they were turned out. Indeed, during the course of the year that they were
in the assembly, they were continually warned of the consequences of dar-
ing to exercise their judgment, and voting against the measures of the well-
born; but they virtuously answered that the}' would not purchase a seat in
the legislature at the expense of their integrity and the duty they owed their
country.

676 Lettei's of CcntineL No. XX.

desiied effect, it riveted the disaffected so closely to the in-
terests of the junto that they zealously and implicitly sup-
ported all their measures without attending to their nature or
consequences. At length the liberal Whigs seeing the im-
position that was practicing on the disaffected, that they were
made the dupes of a set of interested designing men, resolved
to convince them that their apprehensions were groundless
by repealing the test-law, which excluded so many of them
from the right of suffrage, and thereby putting them in a
situation to judge and act for themselves; the junto who had
gained so much by the subordinate situation of the disaffected,
were alarmed at the proposition and accordingly opposed it,
which so incensed their allies that, at an election which took
place soon after for a censer in the room of Col, Miles, re-
signed, not one of them could be persuaded to vote, and of
course the constitutionalists carried the election; however
the junto retrieved this fatix pas afterwards, by the zeal they
showed in procuring the repeal of the test-law.

I was always against the policy of continuing the test-law
one hour longer than was absolutely necessary for the preser-
vation of the country from a threatening enemy, as the his-
tory of other nations had taught me the injurious consequences
of depriving a large proportion of the community of the im-
portant privileges of citizenship. I was aware that ambition
always availed itself of such distinctions among the people to
accomplish their common ruin; that the grievous oppression
and misery which the Irish nation have experienced for some
centuries past, have arisen from the unequal situation of the
people in respect to the government — from the depressed sub-
ordinate state in which the Roman Catholics have been held,
who, not having a common interest in and attachment to the
government, but on the contrary highly embittered by the
odious light in which they were regarded, and the severity
with which they were treated, occasioned continual appre-
hensions to the Protestants for their safety. And this alien-
ated state of the people, and their reciprocal enmities and
suspicions, put it in the power of the English ministry, by
playing one party off against the other, to keep the whole

Letters of Centiiiel. No. XX. 677

under the most submissive subjection. However, the situa-
tion of the Irish nation is much improved since the liberality
and harmony of sentiment that the late war gave birth to:
their common danger from foreign invasion evinced the folly
of their prejudices, and the necessity of union. The Irish
now act in a great measure as one people, and in consequence
thereof their afiairs have assumed a different aspect. Eng-
land has been obliged to relinquish many of her injurious
monopolies and partial restrictions on the Irish commerce,
and oppressive arrangements in their government. Tyranny
has fled before the united voice of that people who were so
lately enslaved by their internal divisions.

Another great engine of influence has been the Bank^ which
having the power of controlling the credit of every person
concerned in trade, of course governed the mercantile inter-
est, and made it entirely subservient to the views of the well-
born junto.

It has been, moreover, the policy of the junto from the be-
ginning to ruin, by every device of calumny and exertion of
influence, the character and circumstances of every leading
patriot — well knowing that the people are only important
and powerful when united under confidential leaders; and as
this policy was supported by a numerous and weighty party,
and pursued with unremitted perseverance, the ablest and
most influential patrons of the people fell victims to it.
Character after character was successively attacked and
hunted down by the dogs of party, with the most unfeeling
rancour; even the death of the victim did not assuage their
gall. In this barbarous game of policy, Galen bore away the
palm, and shone conspicuous beyond all the imps of the well-
born. He boasted that the superior malignity of his pen had
deprived the illustrious and patriotic Reed of his existence,
and in his fate had made a signal example to deter others
from emulating his virtues, and standing forth the advocates
of the privileges of the people, which is so highly criminal in
the eyes of the well-born.

By such means have the zvell-born attained to their present
power and importance, to a situation which has enabled

6/8 Letters of Ceiitinel No. XX.

them to dictate and procure the establishment of a form of
government for the United States, which, if not amended,
will put the finishing stroke to popular liberty and confirm
the sway of the well-born. Whilst the fate of the new con-
stitution was doubtful, great was the assumed moderation,
specious were the promises of its advocate. The despotic
principles and tendency of this system of government were so
powerfully demonstrated as to strike conviction in almost
every breast, but this was artfully obviated by urging the
pressing necessity of having an energetic government and as-
surance of subsequent amendments. The people were more-
over told, "you will have the means in youf own power to
prevent the oppression of government, viz: the choice of
your representatives to the federal legislature, who will be
the guardians of your rights and property, your shield against
the machinations of the well-born.^''

But how changed the language, how different the conduct
of these men since its establishment! — they are taking effect-
ual measures as far as in their power to realize the worst pre-
dictions of the opponents to the new constitution, — Having
secured the avenue to offices under the new congress by the
appointment of the senators, they are now exerting all their
influence to carry the election of the representatives in the
federal legislature, and thereby get the absolute command of
the: pjcrse-strings to confirm their domination; every artifice
is practicing to delude the people on this great occasion,
which in all probability will be the last opportunity they will
have to preserve their liberties, as the new congress will have
it in their power to establish despotism without violating the
principles of the constitution. The proposed meeting at
Lancaster is a high game of deception ; under the appearance
of giving the people an opportunity to nominate their repre-
sentatives, the minions of ambition are to be palmed upon
them. Ostensible deputies are to be sent from every county
for this purpose, who, if we may judge from those already
appointed, will take especial care to prevent the nomination
of men who have congenial feelings with the people, as such
would prove troublesome obstacles in the way of ambition;

Letters of Centinel. No. XXL 679

the intention is to monopoli2?e both branches of the legisla-
ture and make the government harmonize with the aggrand-
izement of the well-born and their minions.

The deputies appointed to go from this city characterize
the juggle and designate the intention more strikingly than
is in the power of language to express or the ingenuity of
artifice to conceal; the man who confessedly has had a
principal share in the framing of a constitution that is
universally allowed to be dangerously despotic, and therefore
to require great amendments; the man who in every stage of
its adoption has been its greatest advocate; whose views of
aggrandizement are founded upon the unqualified execution
of this government, whose aristocratic principles, aspiring
ambition, and contempt of the common people have long dis-
tinguished him; I say this man is now selected as one of that
body who are to dictate the choice of the people — to point
out faithful representatives who are to check ambition and
defend their rights and privileges. If the people suffer them-
selves to be thus fooled upon so momentous an occasion, they
will deserve their fate. But I am persuaded they will discern
the fraud and act becoming freemen, that they will give their
suffrages to real patriots and genuine representatives.

Philadelphia, October 2 2d, 1788. CenTinel.

Centinei., No. XXI.*

To the People of Pennsylvania. Friends and Country-
men.

France exhibits at this moment one of the most interesting
scenes to human nature, and peculiarly instructive to the citi-
zens of the United States; — a people who for many centuries
had been accustomed to yield implicit obedience to the man-
dates of royalty, who never presumed to judge of the pro-
priety of any measure of government, but whose highest glory
was to recommend itself to the idol on the throne by the
most obsequious services, to sacrifice every manly feeling,
every consideration whether of self or country, at the shrine

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Nov. 8, 1788.

68o Letlcrs of Centinel. No. XX f.

of his grandeur; I say this people, so long obsequious and
subservient to the will and pleasure of a despot, seem to have
imbibed a new nature, to be animated with the noblest, most
enlightened sentiments of patriotism, and in opposition to a
court supported by a standing army of 200,000 mercenaries,
is asserting its rights and privileges. Various causes have
concurred to produce this astonishing revolution of sentiments
and conduct in the people of France: perhaps the divine
writings of a Montesquieu laid the foundation, and doubtless
the able, animated discussion of the native rights of mankind
occasioned by the late contest between America and Britain,
must have been very instrumental in effecting this general
illumination and inspiring this ardent love of liberty in
France. But it is probable from the strength which arbitrary
power had acquired by custom and long-established habits of
obedience, that it might have continued in uninterrupted
exercise for a long time to come, if the French court had not
precipitated its destruction by an extraordinary stretch of
power, which struck at all the remaining privileges of the peo-
ple, and aimed at the unqualified establishment of despotism.

The French, enlightened to their native rights had availed
themselves of institutions and provincial privileges, hitherto
enjoyed but in name, to check the despotism of power, which,
insensible of the great change of sentiment that had taken
place in France, was so rash as to attempt the enforcement of
new arrangements and impositions, itstead of adhering to the
old establisments that time and custom had sanctioned. The
French nation, already prepared, wanted but a suitable occa-
sion to vindicate their rights: this was now afforded by the
indiscretion of the court, and they embraced it by reviving
the exercise of the long-dormant privilege of their parliaments
to negative the arrets of the court, by refusing to register
such of them as they disapproved, without which they could
not be legally executed.

The French court, finding their projects of power and do-
minion frustrated by the patriotism of these local parliaments,
who, from their vicinity and near connection with the people,
were greatly influenced by the common feelings and interest.

LcLlcrs of CcHtincl. No. XXL 68i

came to the bold resolution of annihilating them at one stroke,
and substituting in lieu of them one general parliament, or
coiu't pleniere^ under the specious pretence of reinstating tlie
public finances and credit, deranged and prostrated by the
late expensive war and the peculations of the ministers of
state.

But the French nation had too much discernment to be thus
imposed on: they saw the object and tendency of the new con-
stitution, or court pleniere ; they were sensible that a parlia-
ment so remote from the people would be wholly subservient
to the views of the court, however despotic they might be;
they had experienced the fidelity, the patriotism, and the
fellow-feeling of their provincial parliaments too much to ac-
quiesce in their annihilation; and accordingly they opposed
this decisive step of the court with a spirit and unanimity that
has appalled its despotic spirit, and suspended, if not frus-
trated, the intended innovation.

What a surprising familarity there is in this project of the
French court and that of our ivould-be despots! The Csesars
of this country, having been bafiled in all their attempts upon
the liberties of the separate states, by the patriotism and vig-
ilance of the representatives of the people in the state legisla-
tures, they have availed themselves a peculiar crisis of trade
and public afiairs, of the universal wish to vest Congress with
competent powers, to procure the establishment of a general
government, or court pleniere^ that will from its constitution
grasp all powers and silently abrogate the state governments.

In the conduct and example of the French provincial par-
liaments we have a striking illustration of the great utility
and indeed necessity of local or provincial governments be-
ing vested with competent power to prevent the oppression
of the general government, who being so far removed from
the people, would possess neither the means or the disposition
to consult and promote their interests and felicity. The pro-
vincial parliaments of France, although infinitely inferior in
their constitution and independency to our state legislatures,
have proved an efficient obstacle to the extension of arbitrary
power, and in all probability will be the instruments of pro-

682 Letters of Cetitinel. No. XXL

curing a constitution of government that will secure the en-
joyment of the inestimable blessings of liberty to every citizen
of France.

Onr grandees^ apprehensive that the opposition making by
the French nation to the abolition of their provincial parlia-
ments, and against the establishment of the new constitution,
or court pleniere.^ might from similarity of principles and
circumstances, open the eyes of the Americans to the despo-
tism aimed at in our new constitution or court pieniere^ has
endeavored to conceal the true nature of the convulsions by
which France is at present agitated; and in this view, in con-
tradiction to the most authentic information both public and
private, they have industriously circulated the idea that the
designs of the French court are patriotic and in favor of tbf.
people, and that the opposition to their measures proceeds
from a set of interested men, who wish to exempt themselves
from the common burthens; but where is the American
patriot who credits this representation, when he sees a
Fayette^ an Armand^ among the foremost in this opposition,
when he beholds the magnanimity and heroism displayed by
this opposition who, fearless of the frowns and persecution of
the court, presevere in the defense of their rights, esteeming
banishment, imprisonment, loss of offices and emoluments,
highly honorable when incurred in such a cause?

Galen^ who in common with those of his party, had exper-
ienced the galling mortification of being defeated in every at-
tempt to overthrow our invaluable state constitution, declared
in the Convention, "that he rejoiced at the prospect which
the establishment of the new constitution afforded of the
state governments being laid at the feet of Congress." This
sentiment, which the Doctor had indiscreetly suffered to es-
cape from him in the hour of insolence and triumph, was
afterwards ingeniously explained away, lest the people should
be apprised of the real object in view by this premature dis-
covery; for James the Caledonian, the principal framer and
advocate of the new constitution, had been obliged to confess,
that so extensive a country as the United States include,
could not be governed on the principles of freedom by one

Letters of Centinel No. XXII. 683

consolidated government, but that such a one must neces-
sarily be supremely despotic.

My next number will be on the subject of the immense
sums of public money unaccounted for, now ascertained by
a late investigation of Congress, which perhaps will be the
most effectual method of elucidating the principles of a num-
ber of the great advocates of the new constitution, and enable
the public to form a better judgment of one of the men lately
appointed by the legislature of this State to a seat in the
Federal Senate and of some of the men proposed as Federal
representatives, who will be found to be but puppets to this
great public defaulter. Centinel.

Philadelphia, November 6, 1788.

Centinei,, No. XXII.*

To the PEOPI.E of Pennsylvania. Friends and Fellow

Citisens.

It was my intention to appropriate this number to the con-
sideration of the enormous sums of public money unaccounted
for by individuals, now ascertained by a late investigation of
Congress; but accidentally meeting with an address to the
freemen of Pennsylvania, signed Ltiailhis, published in the
Federal Gazette of November 6th, I thought no time should
be lost in detecting the atrocious falsehoods, and counter-
acting the baneful poison contained in that address. In a
former number I noticed the base policy practised by the Re-
publicans., as they styled themselves, of imitating and preju-
dicing that part of the community who were disaffected to
our cause in the late war against the constitutional Whigs, by
the grossest calumny and misrepresentation of their conduct
and principles, and thereby duping the disaffected into the
support of measures, which their dispassionate judgment
would have reprobated as highly injurious to the common
welfare. That address is a continuation of the same policy,
and from characteristic features, is known to be the produc-
tion of Galen., who has done more to destroy the harmony of

*From "The Independent Gazetteer; or, The Chronicle of Freedom,"
Nov. 14, 1788.

684 Letters of Centinel No. XXI I.

Pennsylvania, and forward the vassalage of her citizens to the
rich and aspiring than all the other firebrands of party and
instruments of ambition.

We are now hastening to a crisis that will determine the fate
of this great country — that will decide whether the United
States is to be ruled by a free government, or subjected to the
supremacy of a lordly and profligate few. Hitherto the grat-
ification of party spirit and prejudice was attended with the
ruin of the honest Whigs and the emolument and aggrandize-
ment of the Republicans at the common expense; but now it
would be attended with the loss of all liberty and the estab-
lishment of a general thraldom — men of all descriptions, ex-
cept our rulers, would equally wear the fetters, and experience
the evils of despotism; it therefore behooves every man who
has any regard for the welfare and happiness of his country,
of himself, or his posterity, to endeavor to divest himself of
all prejudices that may bias or blind his judgment on this
great occasion. In confidence of a dispassionate perusal and
consideration, I will now take up the address and expose its
fallacy. It begins, "You will be called upon on the last Wed-
nesday of the present month to give your votes for eight per-
sons to represent you in the Legislature of the United States.
You never were called upon to exercise the privilege of elect-
ing rulers upon a more important occasion. Two tickets will
be offered you. The one will contain men who will support the
new constitution in its present foriii : the other ticket will con-
tain men who will overset the government under the specious
pretext of amending it." Here is a plain, explicit avowal
that the new constitution is to be supported in its present
forin\ I hope this declaration will open the eyes of those peo-
ple who have been deluded by the deceitful promises of
amendments, and that being thereby convinced of the fallacy
of the reiterated assurances of amendments, they will now
embrace the only method left of obtaining them, by giving
their suffrages and influence to the other ticket. The bug-
bear raised to intimidate the people from voting for this
ticket, viz: "that the design is to destroy the government
under the specious pretext of amending it," I trust will be

Letters of CentineL No. XXII. 685

treated with the deserved contempt, and that this low device
will only confirm the people the more in their determination
to support men favorable to amendments. The address pro-
ceeds, "To give you just ideas of the anti-federal ticket, I
shall only add that it was composed and will be supported by
persons who violated the rights of conscience by imposing a
wicked and tyrannical test-law xv^ovl the Quakers, Mennonists,
and other sects of Christians who hold war to be unlawful."
In regard to the test-law^ I shall only observe that the cir-
cumstances of the times justified, nay, made it indispensably
necessary; that it was a dictate of common sense and agree-
able to the great law of self-preservation to draw a line of
discrimination, and exclude from our councils and places of
power and trust those persons who were inimical to our cause;
and that such has been, and must ever be, from the nature
of things, the practice of all nations when engaged in civil
war. However, I am clearly of opinion that sound policy
dictates the repeal of such laws as soon as it can be done con-
sistent with the public safety, to prevent men of such princi-
ples and views of Galen and his party from availing them-
selves of the irritated feelings of the non-jurors and their
friends, to compass designs prejudicial to the public liberties
and welfare.

The tejtder law stands next in the catalogue of crimes.
"Who ruined half the widows, orphans and aged citizens in
the State, by an unjnst and cruel tender law?" In order to
form a judgment of the propriety of this law, we must recur
to the occasion of making it. When the thirteen late pro-
vinces, now States of America, in Congress assembled, came
to the resolution of supporting their liberty and independence
by the sword, they found it necessary to anticipate the re-
sources of the country by emitting bills of credit; and as the
value and efficiency of this means depended on their being
received in all transactions equal to gold and silver money
of like denominations, a legal compulsion to ensure this cur-
rency to them was then deemed essentially necessary, and ac-
cordingly Congress recommended the measure to the several
States, who, in compliance therewith, passed laws making

686 Letters of CentineL No, XXI L

the continental money a legal tender. This paper money was
the sinew of the war, and as such was to be cherished — upon
its credit depended our political salvation. However, it is
my decided opinion that Congress was mistaken in suppos-
ing that the credit of paper money could be supported by
making it a legal tender: it is adequate funds of redemption
being provided, and public confidence only that can stamp
the value of money on paper.

But why censure the Government of Pennsylvania for laws
that were made ministerially, in compliance with the recom-
mendation of Congress? May not every government in the
union be stigmatized on the same principle, as they all passed
similar laws? Moreover, with what consistency can the Re-
publicans adduce the tender laws as a crime against the
Constitutionalists^ when the former were the authors of the
most oppressive of them, when they renewed these laws after
they had been suspended by the Constitutionalists? A recur-
rents to the minutes of the assembly and the laws of the State
will fully establish this fact. It will thereby appear that the
assembly elected in October 1779, who were to a man Consti-
tutionalists, suspended the operation of the laws making the
continental money a legal tender for three months, by their
act passed on the 31st May, 1780, which was further continued
by their act of the 22d of September following; and by the
succeeding assembly, which were Republicans^ it was con-
tinued without limitation. Thus the legal tender of the con-
tinental money was first suspended by the Constitutionalists;
and this same assembly passed a law, on the 25th March,

1780, for emitting ^100,000 in bills of credit, founded on the
City Lots and Province Island, without mading them a legal
tender.

It will also appear by the minutes of Assembly and laws,
that the Republicans afterwards, viz., on the 9th of April,

1781, emitted the enormous sum of ^^500,000 in bills of credit,
at a time when the public exigencies did not require or justify
this oppressive emission of paper money, and could only be
accounted for by the scene of profitable speculation that was
made on this money by the Cofferer and his friends; and this

Letters of Ceniinel. No. XXII. 687

paper the Republicans made a legal tender, with heavy for-
feitures and penalties in case of refusal.

The Republicans moreover made the ;^ioo,ooo island
money emitted by the Constitutionalists a legal tender, al-
though the fund of redemption was so abundantly adequate,
the consequence of which was a greater depreciation. And
these tender laws were not made in pursuance of recommen-
dations of Congress, but were the original acts of the Repub-
licans.

If the tender laws have been so cruel and wicked, so destruc-
tive as "to ruin half the widows, orphans, and aged citizens
in the state," how came the immaculate Republicans to renew
them at so late a period in the war, when they must have
been fully informed of their operation, and when they had not
so good a plea to justify them? What unparalleled impudence
to charge the Constitutionalists with the hardships and evils
of laws that they, the Republicans, were instrumental in re-
viving and continuing! And yet as extravagant and incon-
sistent as this charge is, the prejudice and credulity of party
spirit has implicitly believed it. Although the Republican
party devised and made the last te^ider laws for their private
emolument, although they reaped the rich harvest of specula-
tions on the public credit by means of these laws, yet the
Constitutionalists must bear all the odium of them.

The Doctor has exhibited a most exaggerated picture of
the grievous consequences of the militia law; he says "that
wagons have been sold for 3s. gd, cows for gd, etc. Whoever
reprobates the militia law, must on the same principle repro-
bate the late glorious contest for liberty; for any person the
least acquainted with the transactions of the war, must know
that the militia were very instrumental to our success; a law
was therefore necessary to form and call forth this militia
when requisite. If, in the execution of a general system,
hardships have happened to individuals, they are to be con-
sidered as private misfortunes, not public oppressions; or if
collectors and other officers have prostituted this law to pri-
vate gain, they are to be stigmatized, not the law or its
framers.

688 Letters of Cetttinei No. XXII.

The address continues, "who have pocketed, or squan-
dered away as much confiscated property as would have paid,
if it had been properly disposed of, half the debt of the
state !" This is a charge easily made, but until the mere as-
sertion of an anonymous writer is deemed sufficient to sub-
stantiate the fact, the public will expect better evidence. I
call upon the doctor to name the instances, point out the per-
sons, and produce the proof of this peculation on the con-
fiscated property; and in answer to the other part of the
charge, viz : " that it was squandered, ' ' I will say it is equally
groundless, whether as to the appropriation that was made of
this property, or as to the premature disposition of it; for if
we may judge from the temper and conduct of succeeding
houses of assembly, it is evident that had the sales of this
property been postponed, they would never have taken place,
as it would have been restored to the original owners.

The address proceeds, "who have banished specie and
credit from the state, by their last emission of paper money.
Who have nearly ruined the state by assuming and funding
the debts of the United States, whereby they have checked
our agriculture, commerce and manufactures, and driven
many thousands of farmers and mechanics to Kentucky and
Niagara." If an honest, just compliance with public en-
gagements, if the support of public credit, so prized by every
wise nation and inviolably maintained by the enlightened
government of Great Britain.^ as its great resource in time of
need, is considered criminal in Pennsylvania.^ the funding law
and the last emission of paper money cannot be vindicated;
but I am persuaded the people of this state have too high a
sense of justice and too much discernment to their permanent
interests for this doctrine to become popular.

"Who have burdened the state with expensive' establish-
ments and salaries, thereby encouraging idleness, dependence
and servility among our citizens." This is a groundless as-
sertion and base calumny.

"Who have violated the constitution of the state by
sacrilegiously robbing an institution of learning and charity
of its charter and funds." I refer my readers to the reasons

Letters of Centinel No. XXII. 689

of the majority of the council of censors, for a complete refu-
tation of this charge.

"Who by the number and weight of their taxes, have re-
duced landed property to one fourth of its former value, and
thereby forced many ancient and respectable farmers and
merchants, possessed of large visible estates, to submit to the
operations of laws which have reduced them from well-
earned affluence or independence to poverty and misery.'^
How lost to all sense of truth and decency must the Doctor
be to ascribe the evils of the oppressive taxes to the Constitu-
tionalists.^ when he knows his party were the authors of them ?
Does he forget the enormous tax of 1782, imposed by his
friend Mr. Morris.^ which vastly exceeded the ability of the
people to pay, amounting to ^425,000 in specie besides the
paper money ? — a tax that has been productive of more dis-
tress and mischief than the aggregate of all the previous and
subsequent taxes, and is the efficient cause of our present
difficulties in taxation; and does the Doctor forget the other
numerous taxes imposed by the same party, some of them to
tavor their speculations in the paper moneys?

"Who have opposed the adoption of the Federal govern-
ment by the grossest falsehoods, by the abuse of the best
characters in the United States, and by an attempt to excite
a civil war." A review of the discussion of the new consti-
tution will expose the fallacy of this charge; whilst sound
reason and well-supported arguments were made use of by
the opposition, scurrility and abuse of every person who dared
to object to the new constitution, were lavished by the Fed-
eralists.^ and if there was any danger of a civil war, it arose
from their violence and precipitance in forcing down the gov-
ernment without giving the people time or opportunity to ex-
amine or judge for themselves.

"Who aim at nothing but power or office — who have no-
thing to lose, and everything to hope, from a general convul-
sion." This comes very consistently from a party which
abounds in needy office hunters, whose staunch federalism
and obsequious services are founded on, and stimulated by,
the ravishing prospect of sharing in the great loaves and
fishes of the United States, under the new constitution.
44

690 Lettei's of Centinel. No. XXII.

"Whose private characters are as profligate as their public
conduct has been oppresive, dishonest, and selfish, and who,
instead of aiming to share in the honors of the new govern-
ment, should retire in silent gratitude for having escaped
those punishments to which their numerous frauds, oppres-
sions and other crimes, have justly exposed them." If I was
disposed to recriminate — there is an ample field — I would be-
gin with the cofferer^ the head of the other party, and trace
his character through the numerous speculations on the pub-
lic, from his appointment to the c 1 a y of the United

States, to his resignation as f r; I would delineate the cor-
rupt principles and conduct of the rest of the party down to
the herd of base parasites and minions, the Doctor included,
who would make a conspicuous figure in the black picture.
On the other hand, I challenge the Doctor or his associates to
sully the integrity, the disinterested conduct of the leaders of
the constitutional party, by any colorable charge of pecula-
tion or abuse of the public trusts so often confided to them.
Like the virtuous Fabria'us^ they retired from offices of the
highest eminence and opportunities of embezzling the public
treasure, with unpolluted hands and native integrity; so far
from growing rich in the public service, they have impaired
their own fortunes by their zeal and contributions for the
public welfare; and instead of receiving applause for their
patriotism, they are loaded with obloquy, are vilified and
stigmatized with that poverty which is their greatest glory,
and by the very men too who charge them wdth peculating
on the public. How ungenerous and inconsistent! At the
same time I must confess, that there have been villains of the
constitutional party, for perfection is not to be expected on
this side eternity. But it has been the good fortune of this
party, that the instances have been rare and of an inferior
kind; they did not ascend to the principals of the party, to
the great influential leading characters, who gave the com-
plexion and tone to the measures of government.

The foregoing remarks upon the first part of the address
apply equally to the remainder, and prove the fallacy and
turpitude of the whole of it. CenTinel.

Philadelphia, November 12th, 1788.

Letters of Centinel. No. XXI IL 691

Centinel, No. XXIII.*

To the People of Pennsyi^vania. Friends and Fellow

Citizens.

I have promised a number on the subject of the enormous
sums of public moneys unaccounted for by individuals, now-
ascertained by a late investigation of Congress, but find so
extensive a field opened, as to require many numbers to treat
of the several parts in a proper manner; I shall, therefore,
confine my remarks at present to one paragraph of it. This
investigation, after being long suppressed, has at length
reached the public eye, and is of such magnitude and ex-
hibits such immense peculations on the public treasure
by men who now assume the lead in this and some other
of the state governments, and are among the most distin-
guished patrons of the new constitution, as to demand the
serious attention of the citizens of the United States at this
peculiar crisis of public affairs.

Unawed by that power and influence, that false glare of
reputation and by that clamor and partiality of party spirit,
which for many years had rendered the characters of the great
public defaulters sacred and impervious to public scrutiny,
the Centinel^ regardless of consequences in such a cause, im-
peached them at the bar of the public; he charged them with
the receipt of millions of public money, for which they had
not accounted ; and notwithstanding he produced sufficient
documents to substantiate the charge — such was the shame-
less effrontery of these men and their minions on the one
hand, and the confirmed prejudice and partiality of the pub-
lic on the other hand, that the Centinel was deemed a libeller^
a calumniator of some of the best and most illustrious char-
acters in the United States. So immaculate was the Cofferer
considered, that the epithets of rascal, villian etc., were
lavished upon every person who dared to assert anything to
his prejudice, and the cry of a cruel persecution was raised
against the Centinel and others for endeavoring to compel
him to disgorge the public treasure.

*From "Tlie Independent Gazetteer; or, The Chronicle of Freedom,"
Nov. 20, 1788.

692 Letters of Centinel. No. XXIII.

Congress have now confirmed the charges adduced by the
Centinel against Mr. Robert Morris and the other great pub-
lic defaulters, so that if any person hereafter advocates the
principles and measures of these men, he will thereby ac-
knowledge congenial sentiments and proclaim his own char-
acter— the public will be equally aware of the one as of the
other.

In my seventeenth number, there is the following para-
graph: "When we consider the immense sums of public
money taken up by Mr. Morris, as commercial agent, to im-
port military supplies, and even to trade in behalf of the
United States, at a time when the risk was so great that in-
dividuals would not venture their property; that all these
transactions were conducted under the private firm of Willing
and Morris.^ which afforded unrestrained scope to peculation
and embezzlement of the public property, by enabling ]\Ir.
Morris to throw the loss of all captures by the enemy at that
hazardous period on the public, and converting most of the
safe arrivals (which were consequently very valuable) into his
private property; and when we add to these considerations,
the principles of the wa«, his bankrupt situation at the com-
mencement or the war, and the immense wealth he has
dazzled the world with since, can it be thought unreasonable
to conclude that the principal source of his wealth was the
commercial agency of the United States during the war? — not
that I would derogate from his successful ingenuity in his
numerous speculations in the paper moneys, Havannah mo-
nopoly and job, or in the sphere of financiering."

And in a piece which I wrote under the signature of ''''One
of the People^'''' published in the Independent Gazetteer of
April 17th last, I referred to a report of a committee of Con-
gress of the nth of February, 1779, to prove that Mr. Morris
was a member of the secret or commercial committee, and
that this committee had authorized and entrusted him solely
with the purchasing of produce in the different states, and
exporting the same on the public account, and that all such
contracts were made by him under the private firm of Wil-
ling and Morris.

Letters of Centinel No. XXIII. 693

Mr. Morris, being absent in Virginia when the Centinel
made the foregoing charge against him, his friends and
minions undertook the vindication of his character; they as-
serted that he had rendered his accounts as commercial agent,
and that they were settled; but Mr. Morris, sensible that the
ground which his advocates had taken for his justification was
not tenable, and that their ofiicious zeal had led them to
make assertions that could easily be disproved, was obliged
to confess that he had not settled, nor even rendered his ac-
counts as commercial agent, at the distant period of ten years
after his transactions in that capacity; but with his usual in-
genuity endeavored to apologize for not doing it, as will
appear by a recurrence to his address to the public, dated
Richmond, March 21st, and published in the Independent
Gazetteer of April 8th last.

I will make an extract of this address containing Mr. Mor-
ris's acknowledgment of receiving the public money and his
not settling his accounts. It is as follows, viz. : " At an early
period of the revolution, I contracted with the committees to
import arms, ammunition and clothing, and was employed to
export American produce, and make remittances on account
of the United States, for the purpose of lodging funds in
Europe. To effect these objects, I received considerable
sums of money. The business has been performed, but the
accounts are not yet settled."

Having stated the charge formerly made against Mr. Mor-
ris and the evidence that was then in my power to establish
it, I will now add a quotation from the late investigation
made by Congress, extracted from their journals of the 30th
September last, viz. : "Your committee turning their atten-
tion to an act of Congress on the 22d of May last, directing
the board of treasury to call upon all such persons as had been
entrusted with public money, and had neglected to account
for the same, and such other persons as had made partial or
vague settlements, without producing proper vouchers, were
desirous to obtain a particular statement of the accounts
which are in the above predicament; but they are sorry to
find that such a detail is too lengthy to be here inserted.

694 Letters of CcntincL No. XXIIL

Some of those accounts are stated in the file of papers marked
papers respecting unsettled acccitnts^ which is herewith sub-
mitted. From the general aspect of those accounts, your
committee are constrained to observe, that there are many
strong marks of the want of responsibility or attention in the
former trasactions respecting the public treasures. No less
a sum than 2,122,600 dollars has been advanced to the secret
committee of Congress, before August 2d, 1777, and a con-
siderable jDart of this money remains to be accounted for
otherwise than by contracts made with individuals of their
own body, while those individuals neglect to account."

Thus it appears that a considerable part of the enormous
sum of two millions, one hundred twenty-two thousand and
six hundred dollars, nearly equal to specie, which was ad-
vanced to the secret committee of Congress, remains unac-
counted for, otherwise than by contracts made with indivi-
duals of their own body, wJiile those individuals neglected to
account. And who those individuals are is evident from the
report of the committee of Congress on the nth of February,
1779, before quoted, and from other records of Congress. By
them it appears, that after the death of Mr. Ward^ who was
the first chairman and agent of the secret committee, which
happened very early, before this committee had transacted
much business, that Mr. Robert Morris was solely entrusted
by the secret committee with the disposition of the public
money advanced to them, and that all his transactions as
commercial agent, were conducted by him under the private
firm of Willing and Morris.

Eleven years have now elapsed since Mr. Morris was en-
trusted with the disposition of near two millions of specie
dollars, and no account of this immense sum has yet been
rendered by him. What conclusion must every dispassion-
ate person make of this delinquency ? Is it not more than
probable that he has converted the public money to his own
property, and that, fearful of detection, and reluctant to re-
fund, he has, and will, as long as he is able, avoid an inves-
tigation and settlement of these long standing accounts?

I will ask, did the majority of the late assembly evince

Letters of CcntineL No. XXI I L 695

eitlier wisdom or virtue, when they appointed this man to a
seat in Xh^ federal senate^ or will the people evidence any re-
gard to their own interests if they give their suffrages to his
creatures, who are now proposed as federal representatives?
Under the administration of such men, is it rational to expect
that public defaulters will be called to account, or that future
peculation and pocketing of the public money will be discour-
aged or detected?

I intend in future numbers to notice the other numeroiis
instances of public defaulters, and to show that if it had not
been for the immense peculations and pocketing of the pub-
lic moneys by individuals, and those among our most distin-
guished Federalists., that the people would not have been
burdened with above one-third of the present national debt
and consequent taxes.

The following article of the last report of the committee of
congress on the finances, will be the subject of my next num-
ber, viz. : "Your committee were desirous to discover in what
manner the large sums of money received in France have
been accounted for, but the subject of this inquiry seems to
be involved in darkness.

Livres s. d.

The amount of the several receipts is 47,111,859 12 8

Of this sum there has been sent
over or drawn for and ex-
pended in America 26,246,727 5 5

Salaries of foreign ministers 1,160,183

27,406,910 5 5

There remains 19,704.949 7 3

"The documents for the expenditures of this balance have
never been produced at the treasury. They must be in
France if there are any such papers. A full inquiry into the
premises now claims the attention of the board of treasury.
Some time must be expended in making the necessary inves-
tigation, but the result may be of important service to the
United States."

In the investigation of this article, which informs us of a
deficiency of upwards of nineteen millions of livres specie,
however it may offend, I must expose the names of the men
who have received this money. Centinel.

Philadelphia, November 17, 1788.

696 Letters of Centinel, No. XXIV.

Centinel, No. XXIV.*

To the People of Pennsylvania. Friends and Fellow

Citizens.

This number was appropriated to the investigation of that
article of the last report of a committee of Congress, which
informs us of a deficiency of Nineteen Millions of livres
Specie, in the moneys entrusted to our Commissioners in
France^ the principal of whom was the Honorable Ben-
jamin Franklin the sanction of whose name has given
such weight and success to the new constitution; but I shall
be obliged to postpone the discussion of this subject in order
to notice Mr. Morris'' s answer published in the Independent
Gazetteer of this morning to my last number.

Mr. Morris, presuming upon the strength and continuance
of those prejudices which his ingenuity and address had so
successfully raised, and which for many years had blinded
the public to his real principles and conduct, and enabled
him to prosecute his schemes of profit and aggrandizement to
an immense extent, without detection or jealousy, has now
the effrontery to treat the serious, well founded charges of
the Centinel, and a report of a committee of Congress,
with supercilious contempt, and to suppose that his unsup-
ported assertions in a matter where he is so deeply interested,
will be implicitly believed by that public whose property, to
the amount of millions, he was entrusted with above eleven
years ago, and for which he has not yet accounted.

Mr. Morris says, "On the repeated slanders of my enemies,
so far as they can affect myself, I look down with silent con-
tempt; but as I have been lately honored with a high trust in
the federal government, and as an attempt is made to wound
the federal cause by attacks on my reputation and the con-
duct of those who appointed me to a seat in the senate, my
attachment to that catcse^ and my respect for my fellow citizens,
lead me to inform them that I have lately been at New York
for the purpose of bringing forward a settlement of my ac-
counts with the United States, and they are now in a train

* From Independent Gazetteer, Nov. 24, 1788.

Letters of Centinel. No. XXIV. 697

of investigation, and that I shall do everything in my power
to obtain a final settlement of them before the meeting of
Congress under the new constitution."

Is it slander to call upon a public officer to account for the
disposition of millions of public money entrusted to him
above eleven years ago? Or is it slander to denominate such
a man a public defaulter? Can any reasonable or honest ob-
stacle have so long delayed the settlement of his accounts,
especially when we consider the abilities and accuracy of this
man in accounts, and his persevering diligence and assiduity
to business? Is it now probable that he really means to
render his accounts, when we advert to the unsuccessful ex-
ertions of a series of the greatest characters in Congress to
compel him to account, and who for more than eleven years
have been baffled in all their virtuous and patriotic attempts
by the predominant influence and the machinations of this
man and his minions? What have become of the labors of
Manheim^ where Mr. Morris retired at a gloomy and doubt-
ful crisis of public affairs under the avowed pretence of pre-
paring these very accounts for settlement? Where is the
man besides Mr. Morris, who can thus act and preserve any
character or confidence, or who with so serious and weighty
a charge against him would continue to be preferred to the
highest honors and trusts of his country, with the power of
screening past delinquencies, and the opportunity of further
speculations; or who would be supported and justified by so
numerous and powerful a party?

As an instance of Mr. Morris's dangerous influence, and
also of his reluctance to have his accounts, even as superin-
tendent of finance, investigated, it may be observed that the
public spirited men in Congress on the 21st of June, 1785,
procured, with great difficulty, against the strenuous opposi-
tion and low subterfuges of Mr. Morris's friends and minions,
a resolution of that honorable body to this effect, that three
commissioners be appointed to examine the receipts and ex-
penditures of the late superintendent of finance; but this res-
olution was the only consequence of this virtuous effort, for
Mr. Morris has been able to prevent any Commissioners being

69S Letters of Centinel No. KXIV.

appointed in pursuance of this resolution entered into above
three years since. It is true that very lately the disinterested
part of Congress, strengthened by the attacks made by the
Centinel and others upon the great public defaulters, and the
consequent clamor of the people, have, against the secret in-
clination of a majority of Congress, obtained resolutions and
appointments of officers to compel the public defaulters to
account and restore the public moneys; but the efficacy of
these resolutions and appointments entirely depends on the
complexion of the Congress under the new constitution; for
if the great public defaulters and their minions be elected, it
would be ridiculous to suppose that they would countenance
scrutiny into the conduct of themselves and patrons. Mr.
Morris, sensible that if he can carry his creatures who are
proposed as representatives in the new Congress, he may
laugh at and really contemn any future attempts to call him
to account, has, therefore, at the eve of the approaching de-
cisive election promised to settle and account for the immense
sums of public money that he received above eleven years ago,
and even assures that he has been at New York lately on this
business and that his accounts are in a train of investigation.
But like the Manheim investigation promised as seriously
eight or nine years ago, the present will prove to have no
other existence than in the deception of the moment, and
this trairi will be found delusive and without end.

INIy fellow citizens, suffer not yourselves to be thus contin-
ually imposed on by a man whose whole career in public life
has been marked by delinquencies in money concerns; but
make choice of such men to represent you as will secure
your liberties and property. And as you are now well ac-
quainted with the principles and views of Mr. Morris, you
are enabled to form a proper opinion of Messrs. Fitssimons.,
Clymer^ etc., who for ten years past have been the devoted
instruments and partisans of ]\Ir. Morris, and participators in
his numerous speculations. CentinEL.

Philadelphia, Saturday Noon, November 22d, 1788.

BENJAMIN FRANKLIN,
Aet-S^? .

Fn?m the- oriffzneU fiain-Auiff up th^ pi/,ssi:ssu!ft i^ftiie NiitcrucaZ Scde^/ cfJ;

OF THX. •

LVANIA

1 iiiBX wiiea ilie rcunriylvajiia

declineo i,: compecsatior! fr

itives from the rural districts
V was the delegation the lai>
!^ one of the most distingni
-l-nc-^. *he Declaration •"
Jon, and of tb .
juverncu:
ation. ';

e&, the ia.ii.x.: ^Jtlc iiuu>.
11 must be regarded as t?
Ivania. His advocacy of i<
tT)rcible explanation of iti iv
'early entitle bim to thv

iT^ ^•^iec■a':^,

I

is earnes

:;titution v^ovL^

at that t

700 Sketches of the Members of the Federal Convejttion.

osopher whose wisdom was world-renowned, he exceeded in
practical knowledge every one of his associates. With no
pretensions as a speaker, he disposed of every question with
extraordinary brevity, sometimes by a happy allegory, some-
times by a single sentence. No man in the convention, save
Washington, was more revered. No man could boast of such
a remarkable career. To give more than a bare outline of
this here would be the work of supererogation.

He was the son of Josiah Franklin and Mary Folger; was
born at Boston, Mass. , January 17, 1706. Apprenticed to his
brother James as a printer, after a few years, owing to a dis-
agreement, he left home and established himself in Philadel-
phia. He worked as a iourneyman printer in London in
1725, but returned the next year to Pennsylvania, subse-
quently becoming editor and proprietor of the Pennsylvania
Gazette^ and publisher of Poor Richard's Almanac. In 1731
he assisted in founding the Philadelphia Library; became
clerk to the Assembly in 1736; postmaster of Philadelphia in
1737; and in 1753 was deputy postmaster-general of the Brit-
ish Colonies. On October 4, 1748, he was chosen one of the
Common Councilmen of the city of Philadelphia; and on Oc-
tober I, 1751, alderman. In 1752 he made the discovery of
the identity of lightning with the electric fluid. In 1754, as
a commissioner from Pennsylvania to the Albany Congress,
he prepared the plan of union for the common defence
adopted by that body. During the French and Indian wars
he was commissioned a Colonel in the provincial service, and
in 1755 superintended the furnishing of transportation for the
supplies of Braddock's army. He served as a member of the
Assembly from 1751 to 1763, the latter year being speaker;
from 1757 to 1762, and again from 1765 to 1775, he was the
agent of the province to Great Britain, spending most of his
time in England, and while there aided in securing the repeal
of the obnoxious stamp act. In 1762 the Universities of Ox-
ford and Edinburgh conferred on him for his scientific dis-
coveries the degree of LL. D., he having been previously
honored with a membership in the Royal Society, and by
being the recipient of the Copley gold medal. From 1773 to

Sketches of the Members of the Federal Conventio7i. 701

1775 he was again elected to the Assembly. Returning to
Philadelphia in the spring of 1775, he was chosen a member
of the continental Congress. He was a member of the pro-
vincial conference at Carpenters' Hall, June 18, 1775, and of
the Committee of Safety from June 30, 1775, to July 22,
1776. While in Congress he was one of the committee to
prepare, as he was also a signer of the Declaration of Inde-
pendence. He was a member of the constitutional conven-
tion of July 15, 1776, and chosen its President. From the
close of 1776 to September, 1785, he was the American Am-
bassador to France, and secured the treaty of alliance with
that countr>', signed February 6, 1778, which greatly assisted
in securing the independence of the colonies. He took a
prominent part in negotiating the preliminary treaty of peace
with England, which was signed at Paris, November 30,
1782, and with Adams and Jay signed that at Ghent, Septem-
ber 3, 1783. He was President of Pennsylvania from October
17, 1785, to November 5, 1788, declining on account of his
advanced years to continue in office. In May, 1787, he was
a delegate to the convention which framed the constitution
of the United States. He died in the city of Philadelphia;
April 17, 1790.

Thomas Mifflin was born in Philadelphia in 1744. It
was the intention of his father that he should be a merchant,
and after he had graduated at the College of Philadelphia he
was placed in the counting-house of William Coleman.
When he was 21 years of age he visited Europe to improve
his knowledge of commercial affairs and after his return
home entered into business with his brother, the connection
continuing until after the commencement of the Revolution.
His interest in public affairs began while he was quite a
young man, and in 1765 he signed the famous non-importa-
tion agreement, opposing the stamp act. In 1772 he was
chosen one of the two representatives of Philadelphia in the
Assembly, and was so continued until 1776. He was a dele-
gate to the Congress of 1774, that met in Carpenters' Hall.
In 1775 he was Colonel and Adjutant-General of the conti-
nental army. Brigadier General in 1776, Major General in

702 Sketches of the Members of the Federal Convention.

1777. In the latter part of that year he resigned his position
and was chosen a member of the Board of War. In 1780 he
was again engaged in mercantile pursuits. He was a mem-
ber of the continental Congress in 1782 and 1783, serving as
President during the latter year. He was Speaker of the
Assembly in 1785-88; member of the Federal Convention
1787; President of the Supreme Executive Council 1788-90;
President of the constitutional Convention of Pennsylvania
in 1790; Governor of Pennsylvania from 1790-9; member of
the Legislature 1 799-1800, dying in January of the latter
year.

Mifflin was a fluent speaker, and used his powers to the
utmost in organizing an opposition to the Boston Port Bill
and similar measures. In the darkest days of the Revolu-
tion, when Washington's army reduced to a handful was
retreating through Jersey, Mifflin, at the request of Congress,
went through the State, addressing the people at all the
principal points, urging them to join Washington with as
little delay as possible. So successful was he that some of
the militia reached the army before it had crossed the Dela-
ware, and the thousands that soon poured into camp, made
the advance that resulted in the victory at Princeton a neces-
sity. Unfortunately for the reputation of Mifflin, he after-
wards associated with Gates and Conway, and his name has
come down in history as one who sought to remove Wash-
ington from command of the army. While he left on record
a solemn protest that his action was dictated by the purest
patriotism, it is impossible not to believe that his judgment
was warped by jealousy excited by the preference Washing-
ton showed for others. While Mifflin was President of Con-
gress the war closed and Washington resigned his commis-
sion. It was tendered personally to Mifflin, whose reply to
the few words uttered by Washington were dignified and
eloquent. "We join you," he said, "in commending the
interests of our dearest country to the protection of Almighty
God, beseeching Him to dispose the hearts and minds of its
citizens to improve the opportunity afforded them to become
a happy and respectable nation. And for you we address to

Sketches of the Af embers of the Federal Convention. 703

Him our earnest prayers that a life so beloved may be fos-
tered with all His care ; that your days may be as happy as
they have been illustrious ; and that He will finally give you
that reward which this world cannot give."

Whatever Mifflin's sentiments were at one time regarding
Washington, the latter harbored no ill feelings in return, and
on several subsequent occasions was Mifflin's guest. Al-
though a warm advocate of the adoption of the constitution,
Mifflin subsequently belonged to the republican or anti-fed-
eral party, but this did not prevent him from supporting the
general government in the suppression of the Whisky Insur-
rection. The elder Rawle, who knew him personally, says:
' ' In person he was remarkably handsome, though his stature
did not exceed five feet eight inches. His frame was athle-
tic, and seemed capable of bearing much fatigue."

Robert Morris, the financier of the American Revo-
lution, was born in Liverpool on the 31st of January, 1734.
Prior to 1740 he came with his father, also Robert Morris, to
America, and settled in Oxford county, Maryland. While
quite young, Robert, the son, was sent to Philadelphia, and
entered the counting house of Charles Willing, and in 1754
formed a partnership with his son, Thomas Willing, which
lasted until 1793. In 1765 he vigorously opposed the Stamp
Act, and signed the non-importation agreement. Upon the for-
mation of the Committee of Safety in 1775, he was made its
Vice-President, and continued in that office until its disso-
lution in 1776. He was a member of the second continental
Congress that met in Philadelphia in 1775, and served on
committees for furnishing the colonies with a naval arma-
ment and for procuring money for Congress. When the
question of Independence came up for final action on July 2,
1776, Morris voted against it, and on the Fourth, when the
Declaration was submitted for approval, absented himself
from Congress, as in his opinion it was "an improper time"
for such a measure. He subsequently, however, signed the
engrossed Declaration.

In December, 1776, when the Congress retired to Balti-
more, he was one of the committee left behind to attend to

704 Sketches of the Members of the Federal Convention.

public business, and it was at that time on his personal credit
he raised the money that kept the army together and enabled
Washington to follow up his advantage at Trenton with his
victory at Princeton. On July 9, 1778, he signed the Articles
of Confederation, and in 1780 organized the Bank of Penn-
sylvania to supply the army with provisions for two months,
to which he subscribed ^10,000. On May 14, 1781, he ac-
cepted the office of Superintendent of Finance, a position he
held until November i, 1784. His success in bringing order
out of the chaotic state into which the finances of the country
had fallen is too well known to require more than mention.
"The Bank of North America," the first incorporated bank
in the United States, was organized by him to aid him in the
work, and his own fortune was frequently risked for the cause
of his adopted country.

In accepting the position of financier he wrote: "The
United States may command everything I have except my
integrity, and the loss of that would effectually disable me
from serving them more."

As a member of the federal convention, Mr. Morris urged
that Senators should be chosen for life, and that they should
be "men of great and established property." Entertaining
such views, he had naturally many opponents, and in the dis-
cussions of the day he was vigorously attacked. He was one
of the first senators from Pennsylvania under the constitu-
tion. After his retiring from public life he entered into vast
speculations in unimproved lands, that eventually wrecked
his immense fortune, and for a period of over three years and
a half he was an inmate of a debtors' prison. He was released
on the i6th of February, 1798, and died on May 7, 1806, in
his seventy-third year.

George Clymer was the son of Christopher and Deborah
Clymer. He was born in Philadelphia June i, 1739. His
parents died in 1740, and he was adopted by his uncle, Wil-
liam Coleman, a prominent merchant of Philadelphia. He
was educated at the College of Philadelphia, but not formally
graduated, and entered the counting house of his uncle, where
he obtained an txtensive knowledsfe of mercantile affairs. In

Sketches of the Members of the Federal Convention. 705

1765 he opposed the stamp act and signed the non-importa-
tion agreement. After having occupied a number of positions
of honor and trust of a public character, and having served
on many of the committees appointed at the outbreak of the
Revolution, Mr. Clymer, on July 20, 1775, was chosen one
of the treasurers of the Continental Congress, his colleague
being Michael Hillegas. From October 20, 1775, until July
22, 1776, Mr. Clymer was a member of the Committee of
Safety, and was also a delegate to the constitutional conven-
tion of 1776. By that body he was chosen a delegate to the
continental Congress, and on August 2d signed the engrossed
copy of the Declaration of Independence. He was also
elected to Congress in 1778, 80 and 81, and was repeatedly
chosen a member of the Assembly of Pennsylvania.

Few men served the public more faithfully or in more
diversified ways. Well educated, with refined tastes, and
ample fortune to indulge them, he shrank from no responsi-
bility laid upon him, although at utter variance with his re-
tiring disposition. As captain of a company of militia he
took part in several campaigns. As a member of a Com-
mittee of Congress when that body fled in panic to Baltimore,
he remained in Philadelphia with Robert Morris to attend
public business. He visited Fort Pitt to pacify the savages
in that quarter during the Revolution, and after the adoption
of the constitution assisted in forming a treaty with the
Creeks and Cherokees in Georgia. He was active in organ-
izing the temporary Bank of Pennsylvania in 1780, and sub-
scribed ;^5,ooo to its capital. He was one of the first direc-
tors of the Bank of North America, and subsequently
president of the Philadelphia Bank. When it is remembered
how the need of a Federal government was made manifest
through the disordered condition of the finances of the
country, it is not surprising that a person so versed in mone-
tary affairs as Mr. Clymer, should have been selected as a
delegate to the general convention. In that body he bore a
conspicuous part, and when the constitution was submitted
to the States it was he who, in the assembly, moved the call-
ing of a convention for its consideration, thus securing the

45

7o6 Sketches of the Members of the Federal Con

vention.

V

early support of Pennsylvania, the first large State that rati-
fied the constitution, and second only in point of time to
Delaware. Under the constitution Mr. Clymer served as a
representative from Pennsylvania during the first Congress.
In the Legislature of the State he urged a revision of the
penal code, and a lessening of its rigorous measures, contend-
ing successfully that capital punishment should only be in-
flicted in extreme cases. He was the first president of the
Academy of the Fine Arts; Vice-President of the American
Philosophical Society and of the Philadelphia Agricultural
Society. He died at the residence of his son, near Morris-
ville, Bucks county, June 24, 1813, in the seventy-fourth
year of his age.

Thomas Fitzsimons was born in Ireland in 1741. The
victim of oppression, he came to this country between the
years 1762 and 1765 and settled in Philadelphia, where he en-
gaged in mercantile pursuits. Not long after, he married the
daughter of Mr. Robert Meade, the great-grandfather of the
late Gen. George G. Meade, and formed a partnership with his
brother-in-law, who was one of the prominent merchants and
ship-owners of Philadelphia. He warmly espoused the cause
of the Colonies in their contest with the mother country, and
raised and commanded a military company. He was with
General Cadwalader at Bristol and Burlington, in the move-
ments contemporary with the battles of Trenton and Prince-
ton, and was also a member of the Council of Safety, and of
the Navy Board. His house subscribed, in 1780, ;^5,ooo to
supply the necessities of the army. In 1782, he was elected a
member of the continental Congress, and took a leading part
in the debates on the financial situation. After the peace he
was for several years a member of the General Assembly of
Pennsylvania, and in 1787 he became a member of the Federal
Convention. He opposed universal suffrage and contended
that the privilege of voting should be restricted to freeholders.
He favored giving Congress the power to tax exports as well
as imports, and argued that the House of Representatives
should be united with the President, as well as the Senate, in
making treaties. In the great federal procession in Phila-

Sketches of the Members of the Federal Convention. 707

delphia, July 4th, 1788, by which the ratification of the con-
stitution by ten States was celebrated, Mr. Fitzsimons ap-
peared, representing the French alliance, mounted on a horse
formerly owned by Count Rochambeau, and carrying a flag
of white silk, emblazoned with the ensigns of France and the
United States. When the National Government was organ-
ized, Mr. Fitzsimons was elected by the city of Philadelphia
a member of Congress, and remained so until 1795. His
views upon all questions of commerce, finance and exchange
were highly valued. He also was a conspicuous advocate of
a protective tariff. In 1794, he failed of a re-election, that
year proving disastrous to the Federalists. With his retire-
ment from Congress, his political career closed. He was a
trustee of the University of Pennsylvania; a founder and di-
rector of the Bank of North America; a director and subse-
quently President of the Insurance Company of North
America. He was a member of the Catholic church. He is
described as a man of commanding figure, and of agreeable,
though stately and reserved manners. He died August 26th,
1811.

Jared Ingersoll* was the only child of Jared Ingersoll, of
Connecticut, who represented that colony as commissioner in
England when Franklin resided there in a similar capacity
for Pensylvania. The family was altogether and exclusively
English, without Scotch, Irish, German, Swiss, French,
Spanish, or any others of the foreign lineage common in so
many other Americans, and had been Americanized by more
than a century's descent in New England, when Jared Inger-
soll, the second, was born. In 1 761-2, his father returned
from England with the obnoxious appointment, which his
friend Franklin there induced him to undertake, of Stamp-
Master General for the New England Colonies. Compelled
by a tumultuous assemblage of his fellow colonists forcibly to
relinquish that place, Jared Ingersoll the elder was then ap-
pointed Admiralty Judge for the colony of Pennsylvania,
whereupon he removed to Philadelphia, where he resided
till the Revolution.

* By Charles J. Ingersoll in Lives of Eminent Philadelphiausj

yoS Sketches of the Me^nbei^s of the Federal Convention.

His son Jared, after graduating at Yale College, chose
Philadelphia for his residence and the Bar for his profession.
Repairing to England to accomplish his professional education,
he was entered of the Middle Temple; and during five years,
passed in London, diligently studied the science of law, and
attended its practice in the courts. Mansfield, Blackstone,
Chatham, Garrick and other luminaries of that period were
objects of his constant attention, and of his correspondence,
and ever after among the pleasures of his memory. Litera-
ture, as well as law, was his study; polite society his enjoy-
ment. He formed acquaintances with the distinguished law-
yers and members of Parliament.

Soon after the American Revolution was completely pro-
nounced he espoused its cause with the considerate prefer-
ence of youthful patriotism. Although the only child of a
loyalist, he did not hesitate, without filial ofifence, to side
with his own against the mother country, where he had for
several years resided.

Taking, therefore, his departure from a country to which
he disclaimed allegiance, he passed over to France, and spent
a year and a half in Paris. There he added the French lan-
guage to his acquirements. His father's friend, Franklin,
living at Passy, as Minister of the United States, kindly wel-
comed Mr. Ingersoll there. With Ralph Izard, appointed
Minister to Italy, but staying in Paris, John Julius Pringle,
of South Carolina, and other afterwards distinguished Ameri-
cans, Mr. Ingersoll likewise formed intimacies in Paris,
which subsisted during life. These southern associations,
without diminishing his native eastern attachments, liberal-
ized his patriotism, freed him from local and sectional preju-
dices, and imbued his politics with that spirit of enlarged na-
tionality in which, following Washington, he always abided.

Returning by a winter-passage in a small schooner, he
escaped the perils of the sea and hostile capture, and attained
as a superior lawyer, the place he ever after occupied at the Bar
of Philadelphia. Philadelphia was then the seat of Govern-
ment, both Federal and State. The Supreme Court of the
United States and of the State held their sessions there,

GCUVERNEUR MORRIS.

?Ial7l758. Ot.-1816,

.From t?u ,i>a^^^in^ in ifu .Yictt'orwiJ Musumt, I'JM

the tir

7IO Sketches of the Members of the Federal Convention.

under its different names of congress, convention and Com-
mittee of Safety; was a member of the committee which
drafted the State constitution of 1776; and when the reso-
lution of the continental Congress recommending a new form
of government came up for consideration, he spoke with force
and ability. "Sir," said he, "these and ten thousand other
reasons will serve to convince me that to make a solid and
lasting peace, with liberty and security, is utterly impractic-
able. My argument, therefore, stands thus: As a connection
with Great Britain cannot again exist without enslaving
America, an independence is absolutely necessary. I cannot
balance between the two. We run a hazard in one path, I
confess; but then we are infallibly ruined if we pursue the
other."

New York was the last State to sign the Declaration of In-
dependence, her delegates to Congress not being empowered
to act independently of the New York convention. But no
time was lost. The convention met on the 9th of July, and
on that day a copy of the act was received and a resolution of
approval passed. To Mr. Morris was entrusted the drafting
of the reply to the delegates from New York in the continen-
tal Congress. It should also be noted, that he endeavored to
introduce an article recommending the future Legislature to
take measures for the abolishment of domestic slavery.

In 1778, Gouverneur Morris was sent to the continental Con-
gress, then seated at York, Pennsylvania, and on the day his
credentials were approved, he was appointed a member of the
committee to investigate the condition of the army at Valley
Forge. From this date began the friendship with Washing-
ton, which continued through life. He also served on many
standing and special committees, and was chairman of three.
His ardent interest in the cause of the Colonies did not meet
with the approbation of his mother and other members of the
family, and he also incurred the displeasure of his early friend
and adviser, Judge William Smith. Not being returned to
Congress, after a service of five years, Gouverneur Morris be-
gan the practice of his profession in Philadelphia, and became
a citizen of Pennsylvania. In May of 1780, by a fall from

Sketches of the Afembej's of the Federal Convention. 711

his carriage, Mr. Morris received an injury that resulted in
the loss of a leg. Robert Morris — to whom he was not re-
lated— appointed him, in 1781, Assistant Superintendent of
the Finances, in which position he served with ability for
three years and a half. General Washington appointed Mor-
ris and Gen. Knox, on behalf of the United States, to consult
with the British Commissioners with regard to the exchange
of prisoners, the first meeting taking place in March of 1782.
Gouverneur Morris was a delegate from Pennsylvania to the
convention called for framing the constitution of the United
States, which met in Philadelphia in May of 1787, and to his
pen is due the clear and forcible language in which the con-
stitution is expressed. Although dissenting from the ma-
jority of his colleagues on many important points, when the
Constitution was adopted he signed it with entire willingness.

In December of 1788, Mr. Morris sailed for Europe, with
confidential letters from Washington, and while abroad was
appointed Minister Plenipotentiary to the Court of France.
On the recall, in 1793, of M. Genet, the Minister of France,
being demanded by the United States, that of Mr. jNIorris was
requested by France, and in 1794 he was succeeded by James
Monroe. On his return to America, he established himself
at Morrisania, intending never again to enter upon public
life, but in 1800 he was chosen to the Senate of the United
States to fill a vacancy, and served three years. In politics he
was a federalist, but during the "Tie Controversy," he dif-
fered with his party and approved the choice of Jefferson.

Gouverneur Morris was a man of strong convictions. In
political life he was too independent to be trammelled by the
dictates of party, and in priv^ate life his integrity was above
suspicion; in neither was he influenced by low aims or selfish
ambitions. He lived not for fame, but for duty; not for self,
but for his country. He died 6th November, 1816.

CHAPTER IX.

SKETCHES OF THE MEMBERS OF THE PENNSYI.VANIA
CONVENTION.

BY W. H. EGI.E, M. D.

Allison, John, of Franklin county, was born in Antrim
township, that county, December 23, 1738. His father,
William Allison, was a native of the north of Ireland, where
he was born on the 12th of November, 1693; came to America
about 1730, and located in the Cumberland Valley, where he
died onthe 14th of December, 1778. John, the second son, re-
ceived a thorough English and classical education, chiefly
under the care of the Scotch-Irish Presbyterian ministers of
the locality. As early as October, 1764, he was appointed
one of the provincial magistrates for Cumberland county, and
reappointed in 1769. At a meeting of the citizens of that
county, held at Carlisle on July 12, 1774, he was appointed
on the Committee of Observation for Cumberland, and be-
came quite active in the struggle for independence. He was
a member of the provincial conference held at Carpenters'
Hall, 1 8th of June, 1776, and appointed by that body one of
the judges of the election of members to the first Constitu-
tional Convention for the second division of the county, at
Chambersburg. He was in command of one of the Asso-
ciated battalions of Cumberland county during the Jersey
campaigns of 1776 and 1777, and a member of the General
Assembly in 1778, 1780, and 1781. In the latter year he laid
out the town of Greencastle, which has grown to be one of
the most flourishing towns in the Cumberland Valley. In
1787 he was chosen a delegate to the Pennsylvania conven-
tion to ratify the federal constitution, and in that body sec-
onded the motion of Thomas McKean to assent to and ratify
it. At the first federal conference, held at Lancaster in 1788,
(712)

Sketches of the Members of the Convention. 713

he was nominated for Congress, but defeated at the election
that year. Colonel Allison died June 14, 1795.

Arndt, John, of Northampton county, son of Jacob Arndt,
was born 3d of June, 1748, in Bucks county, province of
Pennsylvania. His father removed to Northampton county
in 1760, where he erected what was long known as Arndt' s
mill, on the Bushkill, and here most of his life was spent.
At the outset of the war of the Revolution he became one of
the leading spirits in that struggle. He was captain of a com-
pany in Colonel Baxter's battalion of Northampton county
of the "Flying Camp," and in the battle of Long Island was
wounded and taken prisoner. He was soon after exchanged,
and on the 25th of March, 1777, was commissioned register of
wills; and justice of the peace, June, 1777. He was appointed
one of the commissioners to take subscriptions for the conti-
nental loan, December 16, 1777; and commissary of purchases
in Pennsylvania, February 9, 1778. While filling this latter
position he advanced large sums of money to the government,
most of which was refunded to him. He served on the Com-
mittee of Safety for the county, was one of its most efficient
members, and earnestly devoted to the patriot cause; was
appointed by the General Assembly one of the commissioners
to settle the accounts of the County Lieutenants, December 4,
1778; and one of the Commissioners of Exchange, April 5,
1779. He was elected a member of the Council of Censors,
1783-84; delegate to the Pennsylvania convention to ratify
the federal constitution, 1787; and chosen an elector at the
first presidential election following. In 1783, when Dickin-
son College was incorporated, he was named one of the origi-
nal trustees. He served several years as county treasurer, was
appointed recorder of deeds and clerk of the Orphans' Court,
May 22, 1788, and continued in office under the constitution
of 1790 until the election of Governor McKean, when he was
removed. Under the act of 1796 the county records were re-
quired to be kept at the county seat, when Mr. Arndt took
up his residence at Easton, where, after going out of office,
he devoted the balance of his life to mercantile pursuits. In
1796 he was nominated for Congress, but defeated by ninety

V

yiA Sketches of the Members of the Convention.

votes. During the so-called Fries Insurrection of 1798 his
utmost exertions were given to the preservation of law and
order, and his wise and judicious counsels were heeded by
many of the rebellious. Henry says that Mr. Arndt "as
mineralogist and botanist held no mean rank ; and his corres-
pondence with Rev. Mr. Gross and other clergymen shows
that he was a pious man." Captain Arndt died on the 6th
of May, 1814.

AsHMEAD, Samuel, of the county of Philadelphia, the son
of John Ashmead, was born in 1731. Little is known of his
early history, save that he received a good education and was
brought up to mercantile pursuits. Early in life he was com-
missioned one of the provincial magistrates; on January 16,
1767, appointed an associate justice of the Court of Common
Pleas, and recommissioned April 27, 1772; and in 1773-74
became presiding justice of the courts. He was a delegate to
the provincial convention held at Philadelphia, January 23,
1775, and served in the General Assembly in 1782, 1783 and
1789. In 1787 he represented his county in the convention
to ratify the federal constitution. Mr. Ashmead died at his
residence in the Northern Liberties on the 19th of March,
1794, and was interred on the 21st in the Baptist Church
burial-place.

Baird, John, of Westmoreland county, was born about
1740, in Lancaster, now Dauphin county. He removed to
Westmoreland county about 1770, in company with some
Scotch-Irish neighbors, and took up land in what was after-
wards Huntingdon township. He appears to have been a
man of mark west of the AUeghenies, but in all the histories
recently published no mention is made of him. He served
as one of the overseers of the poor in 1773; was appointed by
the constitutional convention of 1776 one of the board of
commissioners for Westmoreland county, and commissioned
a justice of the peace June 11, 1777. During the war of the
Revolution, and in the border wars of his section, he was
very efficient in recruiting the military forces. He was a
member of the Supreme Executive Council from November
18, 1786, to November 25, 1789; and a delegate to the Penn-

Sketches of the Members of the Coiivention. 715

sylvania convention to ratify the federal constitution in 1787,
but his name was not signed to the ratification. He was
one of the members of the anti-constitution party who were
mobbed in the city of Philadelphia on the 6th of Novem-
ber, 1787. He was a member of the General Assembly in
1 789-' 90, and of the House of Representatives in 1790 and
1791. Under the constitution of 1790, he was commissioned
one of the associate judges of the county, August 17, 1791.
Mr. Baird, we are inclined to believe, died about the begin-
ning of the present century.

Baker, Hilary, of the city of Philadelphia, was born in
Germantown about 1750. He was the son of Hilarius Becker,
or Baker, who in 1761 was elected teacher of the Germantown
Academy, he having "for some time past kept a German
school in Germantown. " It is naturally to be supposed that the
son received a good classical education, which he did; entered
mercantile life, became an iron merchant, which business he
carried on for some years. He was commissioned clerk of
the Court of Quarter Sessions for the county of Philadelphia,
August 19, 1777, which position he filled several years; was
appointed interpreter of English and German resident at
Philadelphia, February 4, 1779, and the same day notary
public for the State. On the nth of March, 1789, by act of
the General Assembly, he was appointed an alderman of the
city, and reappointed under the act of April 4, 1796. He
was chosen a delegate to the State convention of 1787 on the
Republican ticket, and served as a member of the State con-
stitutional convention of 1789-90. He was elected mayor
of Philadelphia in April, 1796, re-elected in October that
year, and again in October, 1797. He died while filling that
position on the 25th of September, 1798, of yellow fever. In
the war for independence he was a firm patriot, and in every
official position he proved a faithful citizen.

Baluet, Stephen, of Northampton county, was born in
1753, in Whitehall township, that county. His father, Paul
Balliet, was of Huguenot ancestry, and a native of Alsace,
who came to Pennsylvania in 1738. His mother was Maria
Magdalena Watring, a native of Lorraine. Stephen acquired

7i6 Sketches of the Members of the Convention.

a very limited education, aud was brought up to mercantile
life under his father. During the war of the Revolution he
commanded one of the battalions of Northampton Associators
in 1777 and 1778, and was in active service at the battle of
Brandywine. He was appointed agent for forfeited estates
in Northampton county, May 6, 1778; was a member of the
Supreme Executive Council from October 20, 1783, to Octo-
ber 23, 1786, and member of the Pennsylvania convention to
ratify the federal constitution in 1787. He was appointed
one of the commissioners to superintend the drawing of the
Donation Land Lottery, October 2, 1786, and also in relation
to the Wyoming controversy, June i, 1787. He served as a
member of the General Assembly from 1788 to 1790, and of
the House of Representatives from 1794 to 1797. For sev-
eral years, under a commission dated October 25, 1797, he
filled the office of revenue collector of the second district of
Pennsylvania for the United States direct tax. Scattered
through the Provincial and State records are various refer-
ences to him, going to show that he was an active and effi-
cient officer. During the so-called Fries Rebellion, Mr.
Burkhalter, a collector, was beaten, and the blame thrown
upon the insurrectionists; but a circular, signed by Jonas
Hartzel, Nicholas Kern, and A. Thorn, stated "that the
beating Mr. Burkhalter received was from his own brother-
in-law, Stephen Balliet, and that it was a family difference
which gave rise to the flagellation." Colonel Balliet died
August 4, 1 82 1.

Barclay, John, of Bucks county, was born in 1749 in that
county. He was the son of Alexander Barclay, an officer of
the Crown under the proprietary government, and received
a classical education. At the outset of the Revolution he
entered the service, and was commissioned, January 8, 1776,
an ensign in the fourth battalion, Colonel Anthony Wayne;
promoted second lieutenant October i, 1776; commissioned
first lieutenant in the fifth regiment of the Pennsylvania
Line January i, 1777; promoted captain-lieutenant June 13,
1777; and retired the service January i, 1781, with the brevet
rank of captain. He was appointed justice of the peace

Sketches of the Members of the Co7ivention. 717

December 23, 1782; one of the justices of the Court of Quar-
ter Sessions, August 14, 1788; and presiding justice of the
Court of Common Pleas, February 27, 1790. In 1787 he was
chosen one of the delegates to the Pennsylvania convention
to ratify the federal constitution, and served as a member of
the State constitutional convention of 1789-90, under which
he was appointed an associate judge of the courts of Bucks
county, serving from August 17, 1791, to January 2, 1803.
He also represented the district comprising his own and a
portion of Philadelphia county in the State Senate. Captain
Barclay afterwards removed to the Northern Liberties, Phila-
delphia, where he continued to reside until his death, filing
for some time the presidency of the Bank of the Northern
Liberties of that district. He was a member of the Pennsyl-
vania Society of the Cincinnati, and was succeeded by his
son, John Louis Barclay, in 1832. He died September 15,
1824, ^t the age of seventy-five years.

Bard, Richard, of Franklin county, was born in 1735.
His father, Bernard Bard, was an early settler on "Carroll's
tract," York, now Adams county, where he established what
was for years known as "Bard's mill," and subsequently
"Marshall's." Here, on the morning of 13th of April, 1758,
the house was invested by a party of nineteen Indians, and
Richard Bard and his wife were made prisoners by the In-
dians. An account of their captivity was prepared by their
son, Archibald Bard, and published in Pritt's "Border Life."
Subsequently they removed near Thomas Poe's, in now
Franklin county, Mrs. Bard being his daughter. He erected
a stone house near Mercersburg, which is still standing.
During the war of the Revolution Mr. Bard greatly assisted
in organizing the troops, and commanded a company of
rangers on the frontiers of Cumberland county to protect the
settlers in gathering their crops. He was appointed a justice
of the peace March 14, 1786, and was a delegate to the Penn-
sylvania convention to ratify the federal constitution, but
did not sign the ratification. He was one of the delegates to
the Harrisburg conference of September, 1788, in opposition
to that instrument. He was a gentleman of considerable

yiS Skclchcs of the Mcinders of the Convention.

ability, but his hostility to the federal constitution placed
him in the background.

Bishop, John, of Berks county, was born March 4, 1740,
in Exeter township, that county, his father, John Bishop,
coming to Pennsylvania with the Boones and Lincolns. He
was brought up as a farmer, an occupation he was engaged
in all his life, although other enterprises engrossed much of
his attention. He had extensive business connections, and
became an ironmaster. He was a large landholder, not only
in Berks county, but in the Valley of Virginia. As a conse-
quence, he was more or less prominent and influential in
public affairs. During the Revolution he greatly aided the
county lieutenants in organizing the Associators and militia,
by advancing large sums of money in emergencies. He was
elected to the General Assembly, serving from 1781 to 1784,
and chosen a delegate to the Pennsylvania convention to
ratify the federal constitution in 1787. He did not sign the
ratification, and the year following was a member of the
Harrisburg conference which protested so loudly against that
instrument. He filled the office of county auditor in 1797-
98, and represented Berks in the State legislature in 1805-
06. He died at his residence in Exeter township the 3d of
September, 18 12, aged seventy-two years.

Black, John, of York county, was born in that county
about the year 1750. His father, Robert Black, was an early
settler in that section, but in the great Scotch-Irish immigra-
tion to the southward removed to North Carolina when his
son John was an infant. Hence the statement of his being
born there. He entered Nassau Hall in the junior year, 1769,
graduating in 1771. He was licensed by Donegal Presbytery,
October 14, 1773, and was ordained and installed pastor of
Upper Marsh Creek Congregation, York county, August 15,
1775. For almost nineteen years he served that congrega-
tion. During that period the old log church was replaced by
a stone structure. As a preacher he possessed a high order
of talent, and was undoubtedly a strong man. He was quite
prominent in public affairs, but lost much of his hold upon
the community and the church by his vigorous measures in

Sketches of the Members of the Convention. 710

the cause of temperance. In this he was bold and outspoken.
In a Scotch-Irish neighborhood this was not wisdom. As a
result, owing to this fact, as also to the exodus of many of
his congregation westward at the close of the Revolution, the
Presbytery relieved him from his charge at his own request,
April 10, 1794. The only secular office he ever held was
delegate to the Pennsylvania convention to ratify the federal
constitution in 1787. The Rev. Mr. Black remained several
years in the neighborhood of his flock, ministering occasion-
ally to the remnants of a Reformed Dutch church near by.
He afterwards received a call from the churches of Unity
and Greensburg, in Westmoreland county, Pennsylvania, ac-
cepted it, became a member of the Presbytery of Redstone, and
was installed October 23, 1800. He died there on the i6th
of August, 1802. He published several pamphlets, the titles
of only two being preserved to us, — " The Duty of Christians
in Singing the Praise of God Explained, a Sermon preached
at Upper Marsh Creek on the 14th and 21st of September,
1788," and "A Discourse on Psalmody, in reply to Rev. Dr.
John Anderson, of the Associate Church." These attracted
considerable attention in their day.

Boyd, John, of Northumberland county, was born the 22d
of February, 1750, in Lancaster county, of Scotch-Irish an-
cestry. Of his early occupation and education we have little
knowledge. When the war for independence came he
entered the service, and was commissioned second lieu-
tenant in the twelfth regiment of the Pennsylvania Line,
Colonel William Cooke, October 16, 1776. He was pro-
moted first lieutenant and transferred to the third Pennsyl-
vania regiment as captain-lieutenant. Under the rearrange-
ment of January i, 1781, he was retired the service, but
afterwards appointed captain of a company of rangers on
the frontiers, and was an excellent partisan officer. Accord-
ing to C. Biddle (see Autobiography, p. 204), ' ' During the
war he was wounded and taken prisoner by the Indians.
Having killed a number of them before he was taken, they
were determined to burn him. For this purpose he was
stripped naked and tied to a stake, and expected every

720 Sketches of the Members of the Convention.

moment to suffer death, when he was released by the inter-
cession of one of the squaws, who had her husband killed
in the engagement with Boyd. His life was probably saved
in consequence of his being a stout, well-made man." Dur-
ing the war he served one year as collector of the excise
for Northumberland county. After the restoration of peace,
in partnership with Colonel William Wilson, he entered into
merchandising at the town of Northiimberland, and in a
mill at the mouth of Chillisquaqua Creek. They manufact-
ured large quantities of potash, which they shipped to Phila-
delphia, where it met wnth a ready sale; but the difficulties
of transportation compelled them to relinquish this enterprise.
He served as a member of the Supreme Executive Council of
the State from November 22, 1783, to November 23, 1786.
On the 2d of October, the latter year, he was appointed by
the General Assembly one of the commissioners for superin-
tending the drawing of the Donation Land Lottery. He
was a member of the House of Representatives from 1790 to
1792, and a presidential elector at the second election. He
served as a justice of the peace many years. Was one of the
original members of the Pennsylvania Society of the Cincin-
nati. He died at Northumberland on the 13th of February,
1832, aged eighty-two years.

Breading, Nathaniel, of Fayette county, was born in
Little Britain township, Lancaster county, March t6, 1751.
His grandfather, David Breading, came to Pennsylvania from
near Coleraine, county Londonderry, Ireland, about 1728.
His son James married Ann Ewing, and they were the
parents of the subject of this sketch. Nathaniel received a
classical education, afterwards took charge of the Newark
Academy, Delaware, and also taught school in Prince Edward
county, Virginia. At the outset of the Revolution he re-
turned to Pennsylvania, and was acting commissary under
General James Ewing, who was in command of a portion of
the Associated battalions during the years 1777 and 1778. In
1784 he removed to Luzerne township, Fayette county, and
shortly after was appointed a justice of the peace, and, No-
vember 6, 1785, one of the judges of the Court of Common

Sketches of the Members of the Cojzvention. 721

Pleas. On the 5th of March, 1785, he was appointed by the
Assembly one of the commissioners to survey the lands re-
cently purchased from the Indians north and west of the Ohio
and Allegheny Rivers to Lake Erie, as also to assist in run-
ning the boundary-lines between Pennsylvania and Virginia.
He was a delegate to the Pennsylvania convention to ratify
the federal constitution, but in deference to his constituents
did not sign the ratification. He served as a member of the
Supreme Executive Council from November 19, 1789, until
the dissolution of that body by the adoption of the constitu-
tion of 1790. He was commissioned one of the associate
judges of Fayette county, August 17, 1791, and served con-
tinuously during the several changes of administration until
his death, a period of thirty years, perchance the longest term
of any who filled that honorable position. During the excite-
ment in Western Pennsylvania consequent upon the enforce-
ment of the excise laws, Judge Breading, although these
were obnoxious to him, took a bold stand in the maintenance
of law and order. As the result, much of his property was
burned by the insurgents. He was one of the delegates from
the county to the conference held at Pittsburgh, September 7,
1791, to take measures toward suppressing the threatened in-
surrection. Apart from the public positions Judge Breading
filled so faithfully and honorably, he was engaged in various
enterprises looking to the development of the Western
country. He died on the 21st of April, 1821.

Brown, William, of Dauphin county, was born in 1733,
on the Swatara, in Lancaster county, Pennsylvania. His
grandfather, James Brown, came with his brother John from
the north of Ireland to Pennsylvania in 1720, and, while he
settled on the Swatara, subsequently Hanover township, the
latter located in Paxtang township, in Lancaster county.
John Brown was the father of another William Brown, no
less eminent than his distinguished cousin. The former was
designated as "William Brown, of Paxtang," while the sub-
ject of our sketch as "Captain William Brown." He was
educated at the school of Rev. John Blair, became quite
prominent on the frontiers, and was an officer in Rev. Colonel
46

722 Sketches of the Members of the CoJivention.

Elder's battalion of rangers during the French and Indian
war. He was one of the prime movers at the Hanover meet-
ing of June 4, 1774, and probably the author of the celebrated
resolutions there passed. He recruited a company of Asso-
ciators, and was in active service during the Jersey campaign
of 1776, as well in and around Philadelphia in 1777 and 1778.
In 1779 he commanded a company of rangers in the expedi-
tion to the West Branch against the Indians and Tories, who
were threatening the exposed frontiers. He was a delegate to
the Pennsylvania convention to ratify the federal constitu-
tion of 1787, but did not sign the ratification. He was a
member of the State constitutional convention of 1789-90,
and under that instrument represented his county in the Leg-
islature in 1792 and 1793. He was chosen one of the Presi-
dential electors in 1797, voting for Mr. Jefferson. Captain
Brown died July 20, 1808, at the age of seventy-five.

Bull, Thomas, of Chester county, was born June 9, 1744,
the son of William Bull, an early settler in that county. He
received the meagre education afforded in his day, and
learned the trade of a stone-mason. Prior to the Revolution
he was the manager of Warwick Furnace. When that strug-
gle came he entered heartily into the contest, and assisted in
organizing the Chester county battalion of Associators of the
"Flying Camp," commanded by Colonel William Mont-
gomery, of which he was commissioned lieutenant-colonel.
He was taken prisoner at Fort Washington in November,
1776, and confined on the Jersey prison-ship. After several
months he was properly exchanged. He subsequently re-
turned to his position as manager of Warwick Furnace, where
he remained several years. In 1780 he was appointed by act
of the General Assembly one of the commissioners for the
for the removal of the county seat. He was elected a dele-
gate to the Pennsylvania convention to ratify the federal
constitution in 1787, and served as a member of the State
constitutional convention of 1789-90. He was chosen a
presidential elector in 1792, and from 1795 to 1801 repre-
sented Chester county in the Legislature of the State. He
died on the 13th of July, 1837, aged ninety-three years.

Sketches of the Members of the Convention. 723

CAMPBEI.L, Thomas, of York county, the son of Jolin
Campbell, was born about 1750 in Chanceford township, that
county. His father took up a tract of land at an early day,
situated on the "Great Road leading from York to Nelson's
Ferry." He was of Scotch-Irish descent, and received the
education accorded that sturdy race. He was a farmer by
occupation. When the Revolutionary struggle began, he
enlisted as a private in Captain Michael Doudel's company,
attached to Colonel William Thompson's battalion of rifle-
men, in July, 1775. He served through the New England
campaign, and was commissioned first lieutenant in the
fourth regiment of the Pennsylvania Line, January 3, 1777.
He was severely wounded at Germantown, was promoted cap-
tain-lieutenant January I, 1781, and retired the service Janu-
ary I, 1783. He was one of the original members of the
Pennsylvania Society of the Cincinnati. Captain Campbell
was chosen a delegate to the State convention to ratify the
federal constitution in 1787 ; served as a member of the
Pennsylvania House of Representatives from 1797 to 1800,
and of the Senate from the York and Adams district from
1805 to 1808. He died at his residence in Monaghan town-
ship, York county, January 19, 18 15.

Chambers, Stephen, of Lancaster county, was a native
of the north of Ireland, where he was born about 1750. He
came to Pennsylvania prior to the Revolution. Fithian, in
his Journal of date July 20, 1775, met him at Sunbury, "a
lawyer, . . . serious, civil, and sociable." At the outset of
the war he entered the service, w^as appointed first lieutenant
of the twelfth regiment of the Line, October 16, 1776, and
promoted captain in 1777. He was chosen to the General
Assembly from the county of Northumberland in 1778, and
while in attendance thereon was admitted to the Philadelphia
bar, March 6, 1779. He was admitted to the Lancaster bar
in 1780, removing there the same year, and to that of York,
April 23, 1781. In 1779 he was a member of the Republican
Society of Philadelphia, whose object was the revision of the
constitution of 1776. He was also one of the original mem-
bers of the Pennsylvania Society of the Cincinnati. He rep-

724 Sketches of the Meinbers of the Convention.

resented Lancaster county in the Council of Censors, 1783-
84, and was a delegate to the convention of November 20,
1787, to ratify the federal constitution. At the constituting
of Lodge 22, Ancient York Masons, at Sunbury, December
27, 1779, he became its first Worshipful Master, and the war-
rant for that body was produced and presented by him at
"his own proper cost and charges." In May, 1789, he was
challenged by Dr. Reiger, of Lancaster, for some offence said
to have been given at Stake's tavern in that town. The duel
took place on Monday, May 11, 1789, and Mr. Chambers was
seriously wounded, dying on Saturday following, the i6th.

Cheyney, Thomas, of Chester county, son of John Chey-
ney, Jr., and Ann Hickman, was born in Thornbury town-
ship, that county, December 12, 1731. His grandfather, John
Cheyney, Sr., came to Pennsylvania about the close of the
century, located in Middletown township, Chester county,
where he died in 1722, leaving two sons, John and Thomas.
They became possessed of a large tract of land in Thornbury
in 1724, and here it was that the subject of this sketch
lived all his fourscore years, an intelligent and progressive
farmer. At the commencement of the Revolution he was an
earnest Whig. He was appointed by the Assembly, Decem-
ber 16, 1777, to take subscriptions for the continental loan;
one of the agents for forfeited estates under the Act of At-
tainder, May 6, 1778; and sub-lieutenant of Chester county,
March 30, 1780. He was commissioned one of the justices
in 1779, and again in 1784. Under the constitution of 1790
he was continued by Governor Mifflin, his commission bear-
ing date August 26, 1791. He served as one of the delegates
to the Pennsylvania convention to ratify the federal constitu-
tion in 1787, and signed the ratification. Squire Cheyney
died January 12, 1811.

Coleman, Robert, of Lancaster county, was born Novem-
ber 4, 1748, near Castle-Finn, Donaghmore, county Donegal,
Ireland. At the age of sixteen he came to America with let-
ters to Blair McClenaghan and the Messrs. Biddle, of Phila-
delphia. Through them he secured a position with Mr.
Read, prothonotar>' at Reading, in whose employ he remained

Sketches of the Members of the Cojivention. 725

two years, at the expiration of which he accepted a situation
as clerk with Peter Grubb at Hopewell Forge. At the end
of six months he entered the employ of James Old at Quit-
topehille Forge, near Lebanon. Mr. Old, some time after,
removing from Speedwell Forge to Reading, took Mr. Cole-
man with him. In 1773 he rented Salford Forge, near Nor-
ristown, where he remained three years. In 1776 he moved
to Elizabeth Furnace, in Lancaster county, which he first
rented, and afterwards bought out gradually the different
shares from the firm who owned it, namely, Stiegel, Sted-
man, and Benezet. By his energy and indomitable persever-
ance Mr. Coleman became the most enterprising and success-
ful iron-master in Pennsylvania. Mr. Coleman served as a
member of the General Assembly in 1783-84, as delegate to
the convention to ratify the federal constitution in 1787, and
as a member of the constitutional convention of 1789-90.
Under that organic law he was commissioned, August 17,
1791, one of the associate judges for Lancaster county, an
office he held twenty years. He was chosen a presidential
elector in 1792, and again in 1796. In 1809 Mr. Coleman re-
moved to Lancaster, where he died August 14, 1825.

Deshler, David, of Northampton county, was born at
Egypta, in the upper part of North Whitehall township, in
1733, where his father, Adam Deshler, was among the first
settlers. The latter operated a mill on the Little Lehigh, of
which the son subsequently became owner. He was quite
prominent in the French and Indian war, and was active in
the adoption of measures in defending the frontiers; and his
house, a large stone structure, became a place of refuge for
the people of the vicinity in case of an Indian alarm. In
1764 he was a shopkeeper in AUentown, but two years after-
wards sold out and removed to his grist and saw-mills,
which he continued to operate until almost the close of his
life. During the Revolutionary war he became one of the
most influential personages in Northampton county; acted as
commissary of supplies, and, with his colleague and neighbor.
Captain John Arndt, advanced money out of his private
means at a time when not only the United States treasury

726 Sketches of the Members of the Convention.

but also that of Pennsylvania was empty. He was a mem-
ber of the provincial conference which met at Carpenters'
Hall June 18, 1776, and appointed by that body one of the
judges of the election for the second division of the county,
held at Allentown. He was a delegate to the convention to
ratify the federal constitution in 1787, and filled other posi-
tions of public trust. Mr. Deshler died at his residence at
Biery's Bridge, now Catasauqua, in December, 1796.

Downing, Richard, of Chester county, son of Richard
Downing and his wife, Mary Edge, was born May 4, 1750,
in Cain township, that county. His father operated a full-
ing, grist and saw-mill, and the son was brought up in that
occupation. During the struggle for independence he was
a Non-Associator. He was a delegate to the Pennsylvania
convention to ratify the federal constitution in 1787; served
in the General Assembly from 1788 to 1790, and was one of
the representatives of his county in the Legislature from 1790
to 1792. During the local excitement caused by changing
the county-seat, when it was not only proposed but really at-
tempted to locate it at Milltown, now Downingtown, he was
one of the leading spirits in opposing it. He died January
5, 1820, in his seventieth year.

Edgar, James, of Washington county, the son of James
Edgar, was born November 15, 1744, in Fawn township,
York county. He was a member of the convention to ratify
the federal constitution in 1787, but did not sign the ratifi-
cation. He died on his farm on the 8th of June, 1814, in the
seventy-first year of his age.

Edwards, Enoch, of the county of Philadelphia, the son
of Alexander Edwards, was born in 1751, in Lower Dublin,
that county. He received a classical education, studied med-
icine, and was in the active practice of his profession when
the Revolutionary war began, and in which he became an
earnest participant. He was a member of the provincial
conference held at Carpenters' Hall, June 18, 1776, and the
same year served as surgeon in the Philadelphia Battalion of
the " Flying Camp." He afterwards served as an aide on the
staff of General Lord Stirling. He was commissioned one

Sketches of the Members of the Conventioii. ']2'j

of the justices of the peace for the county of Philadelphia,
June 6, 1777, and continued in office August 16, 1789. He
was a delegate to the convention to ratify the federal con-
stitution of 1787, and a member of the Pennsylvania consti-
tutional convention of 1789-90. He was appointed by Gov-
ernor Mifflin, August 17, 1791, one of the associate judges,
and continued in office by Governor McKean until his death
at Frankford on the 25th of April, 1802, aged fifty years.

Elliott, Benjamin, of Huntingdon county, eldest son of
Robert and Martha Elliott, was born in 1752 in Peters town-
ship, Cumberland, now Franklin, county, and settled at the
town of Pluntingdon prior to the Revolution. He was chosen
a member of the convention of July 15, 1776, and served as a
member of the Assembly during that and the following year
as one of the representatives of Bedford county. He was
commissioned Sheriff of that county, October 31, 1785, and
of Huntingdon, October 22, 1787, after its erection from Bed-
ford; member of the convention of Pennsylvania to consider
the federal constitution, November 20, 1787; appointed
county lieutenant on the 23d of the same month, and in
April, 1789, in conjunction with Matthew Taylor, of Bedford,
and James Harris, of Cumberland, appointed to run and
mark the boundary lines of Huntingdon county. He served
as treasurer of the county in 1789, and again in 1799; was
admitted a member of the Supreme Executive Council, De-
cember 29, 1789, and member of the Board of Property,
August 3, 1790. On the 17th of August, 1791, he was com-
missioned one of the associate judges for Huntingdon county.
He had previously held the office of justice of the Court of
Common Pleas under the constitution of 1776. He was the
first chief burgess elected in the borough of Huntingdon after
its incorporation in 1796. He was appointed brigadier-
general of the militia, 1797, and in 1800 elected county com-
missioner. He died at Huntingdon, March 13, 1835, aged
83 years. Judge Elliott was what was then termed a Repub-
lican in politics. He signed the ratification.

FiNDLEY, William, of Westmoreland county, was born
in 1741, near Londonderry, province of Ulster, Ireland. His

728 Sketches of the Members of the Convention.

grandfather was a native of Scotland, but settled early in life
in the north of Ireland, and was one of the brave men who
assisted in the heroic defence of Derry. The grandson re-
ceived a fair English education, and came to Pennsylvania in
1763. Owing to the Indian troubles on the frontiers he re-
mained within the settlements, where he taught school. At
the beginning of the Revolution he was in the Cumberland
valley. He served as a captain in the militia in the years
1776 and 1777 under Colonel John Findlay, the period of the
invasion into Pennsylvania, and was at the battle of the
Crooked Billet. Towaids the close of the war he removed
with his family to Western Pennsylvania and took up a tract
of land in Westmoreland county, on which he resided until
his death. Here he became prominent in political affairs, his
first entry upon the scene being in the character of a member
of the Council of Censors. In this body he voted invariably
against the party which professed Federalism. He served in
the General Assembly from 1784 to 1788; was a delegate to
the convention to ratify the federal constitution in 1787, one
of its bitterest opponents, and did not sign the ratification.
He was one of the members of the anti-constitution party
who were mobbed in Philadelphia on the evening of the 6th
of November that year. At the Harrisburg conference in
September, 1788, with Smilie and Gallatin, he was a leading
spirit, and this trio almost accomplished the total defeat of
the constitutionalist ticket, electing two of the eight Con-
gressmen, the parties being evenly balanced. He served as a
member of the Supreme Executive Council from November
25, 1789, until the constitution of 1790, of the convention
to form which he was a member, went into effect. He was
elected a member of the Pennsylvania House of Representa-
tives in 1790, at the same time a member of the Second Con-
gress. He was re-elected to the third, fourth, fifth, and sixth
Congresses, and then, after an interval of two terms, during
which period he served in the Stale Senate, to the eighth,
ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth
Congresses, serving a longer time in that representative body
than any other person from Pennsylvania. During the so-

Sketches of the Members of the Convention. 729

called Whisky Insurrection of 1794 he took a decided part,
and as an apology for his share in it we are indebted to him
for one of the most impartial histories of that transaction.
He was as forcible a writer as a speaker, and the newspapers
of the day contained many political articles from his pen.
He was a shrewd politician without being a demagogue, and
no man in Western Pennsylvania had as strong hold upon
the people or was more popular than William Findley. He
was a statesman of whom Pennsylvania should be proud.
Mr. Findley died at his residence in Unity township, West-
moreland county, on the 5th of April, 182 1, in the eightieth
year of his age.

Gibbons, William, of Chester county, the son of James
Gibbons and Jane Sheward, was born in 1737 in the town-
ship of Westtown, that county. The parents were prominent
members of the Society of Friends, the mother being a min-
ister thereof. After his marriage he resided in Philadelphia,
subsequently, in 1766, removing to Thornbury township, and
in 1769 to West Nantmeal, on a fine farm left him by his
parents. For the active part he took in the struggle for in-
dependence he was disowned by the Society. He served as
lieutenant-colonel of one of the Chester county battalions of
Associators, was appointed justice of the peace March 31,
1777, and directed by the Supreme Executive Council, Oc-
tober 21, 1777, to collect blankets, arms, etc., from those not
taking the oath of allegiance. Towards the close of the war
he removed to Paxtang township, in Lancaster county, where
he resided a year or two, for what purpose it is not known.
In 1783 he was elected sheriflf of Chester county, and it was
during his time of service the seat of justice was removed
from Chester to West Chester. He served as a delegate to
the convention to ratify the federal constitution in 1787, and
as a member of the constitutional convention of 1789-90.
Governor Mifflin commissioned him prothonotary of the
county August 17, 1791, in which he served nine years.
During the Whiskey Insurrection, in 1794, he volunteered
under Captain Joseph McClellan for the expedition westward,
performing that tour of military duty. He was elected a

J 2,0 Sketches of the Members of the Convention.

member of the House of Representatives in 1801, and served
one term. Colonel Gibbons died October 30, 1803.

Graff, Sebastian, of Lancaster county, was the grandson
of Sebastian Graff, a member of the Moravian Church, who
emigrated with his family from Germany in 1731 or 1732,
and settled in the town of Lancaster, where he was a "shop-
keeper" in 1734. The Sebastian of the third generation was
.born at Lancaster about 1750, and was in active business
when the war for independence began. He took a prominent
part, and was on the Committee of Observation for the county
of Lancaster. He was a delegate to the provincial conven-
tion of January 23, 1775, and to the convention to ratify the
federal constitution of 1787, signing the ratification. He
was a member of the convention which framed the constitu-
tion of 1 789-' 90, and under that form of government was
chosen to the State Senate in 1790. He died in July, 1792.

Gray, George, of the county of Philadelphia, the fifth of
that name in the line of descent from George Gray, of Bar-
badoes, a wealthy member of the Society of Friends, was born
at Gray's Ferry, that county. He took an early and active
part in the affairs of the province, and was elected a member
of the Assembly in 1772, and annually until the commence-
ment of the Revolutionary struggle. He was the author of
the celebrated "Treason Resolutions" reported by the com-
mittee of which he was chairman. For the part he took in
this and other warlike measures he was "turned out of meet-
ing." He was a delegate to the provincial conference of
July 15, 1774, and a member of the provincial convention of
January 23, 1775. He was a member of the General Com-
mittee of Safety in 1776 and 1777, and of the Pennsylvania
Board of War during its existence in 1777, serving a portion
of the time as its chairman. He was one of the signers of
the bills of credit in 1775, and a member of the Assembly in
1776. Under the constitution of the latter year he served in
the General Assembly from 1780 to 1787, being Speaker of
that body in 1783-84. He was a delegate to the convention
to ratify the federal constitution in 1787, and a member of
the Pennsylvania constitutional convention of 1789-90.

Sketches of the Members of the Convetition. 731

During the entire period of the Revolution he was conspicu-
ous by his patriotism. He died in the year 1800.

GrieR, David, of York county, son of William Grier, was
born in Mount Pleasant township, that county, in 1742. He
received a classical education, studied law with James Smith,
and was admitted to the York county bar April 23, 1771.
Having served in the French and Indian war as a subaltern
officer, when the war for independence commenced he be-
came a prominent participant. He was commissioned captain
of the sixth battalion of the Line, Colonel William Irvine,
January 9, 1776, served in the campaign against Canada, and
was promoted to major October 25, 1776. He was subse-
quently promoted to lieutenant-colonel of the seventh regi-
ment Pennsylvania Line, ranking from October 2, 1776. He
was wounded in the side by a bayonet at the Paoli massacre
in September, 1777. He continued in the service until, under
the new arrangement of January i, 1781, he was retired at
that date. At the close of the war he resumed his profession
at York, was elected to the General Assembly in 1783, served
as a delegate to the convention to ratify the federal consti-
tution in 1787, and was chosen by the constitutionalists one
of the first presidential electors. Colonel Grier died at York,
June 3, 1790, aged forty-eight years.

Hanna, John Andr:^, son of Rev. John Hanna and Mary
McCrea, was born about 1761, at Flemington, N. J. He re-
ceived a good classical education under his father, who was a
most excellent tutor. He served in the war of the Revolu-
tion, towards its close came to Pennsylvania, and studied
law with Stephen Chambers, of Lancaster, whose acquain-
tance he had made in the army, and was admitted to the bar
of Lancaster county at November session, 1783. He located
at Harrisburg upon the formation of the county of Dauphin,
and was among the first lawyers admitted there. He took a
deep interest in early municipal affairs, and there was little
transpiring looking to the welfare and development of the new
town in which Mr. Hanna did not take part. His marriage
with a daughter of John Harris, the founder, brought him
into unusual prominence. He represented the county in the

'J 2^2 Sketches of the Members of the Convention.

Legislature, and in 1795 was elected to the United States Con-
gress, a position he filled up to the time of his death by suc-
cessive re-election. During the Whisky Insurrection he was
a brigadier-general of the Pennsylvania troops, in command
of the second brigade, second division. In 1800 Governor
McKean commissioned him a major-general of the third di-
vision of the militia forces of the State. He died at Harris-
burg, on the 13th of July, 1805, aged forty-four }'ears.

Hannum, John, of Chester county, was born in 1742, in
Concord, that county. He was the son of John Hannum,
Jr., and his wife, Jane Neild. Arriving at maturity, he set-
tled on a large farm in East Bradford township. He was
commissioned early in life one of the provincial justices of
the peace, and continued in commission by the constitutional
convention of 1776. At the outset of the struggle with the
mother-country he became an ardent Whig, and was ap-
pointed one of the Committee of Observation for the county
of Chester the 20th of December, 1774. In 1777 he was
chosen to the command of one of the Associated Battalions,
and became an active participant in the Revolutionary con-
test. He was with Wayne at the Paoli. Subsequently he
was captured at his own residence by a squad of British light-
horse, led thither by a Tory neighbor, and taken to Philadel-
phia, then occupied by the enemy. He soon after escaped,
and was more energetic than ever in the cause of his coun-
try. He was appointed one of the commissioners of pur-
chases, June 27, 1780, one of the auditors of depreciation ac-
counts, March 3, 1781, and on the 8th of November, the lat-
ter year, one of the agents for forfeited estates. He was
chosen to the General Assembly in 1781, serving until 1785.
While a member of this body, independence having been es-
tablished, he was largely instrumental in securing the repeal
of the " Test Law," then no longer necessary as a war meas-
ure. He was a delegate to the Pennsylvania convention to
ratify the federal constitution in 1787, and signed the ratifi-
cation. He was re-commissioned one of the justices for the
county in 1788, serving until his appointment by Governor
JNIifflin of register and recorder, December 13, 1793, which

Sketches of the Members of the Conv edition. 733

office he held until the 6th of December, 1798, when he was
succeeded by his son, Richard Montgomery Hannum. He
had previously served in the House of Representatives, 1792
-93. Colonel Hannum died the 7th of February, 1799, and
was interred at Bradford Meeting-house, Marshallton.

Harris, John, of Cumberland county, was born in county
Donegal, Ireland, in 1723. He was related to Harris of
Harris's Ferry, to the family in Buffalo Valley, and has fre-
quently been confounded with others of the same name. In
1753 he was located on the Swatara, Lancaster county, as his
autograph to a road petition is a counterpart of that of
twenty years later. He was one of the most prominent men
in the Cumberland Valley. He was a delegate to the Penn-
sylvania convention to ratify the federal constitution of 1787,
and voted against the ratification. He died at Mifflintown,
which he laid out, February 24, 1794.

Hartley, Thomas, of York County, was born in Cole-
brookdale township, Berks county, Pennsylvania, on the 7th
of September, 1748. His father, George Hartley, was an
early settler in Pennsylvania and a well-to-do farmer. The
son received a good classical education at Reading, and at
the age of eighteen began the study of law at York with
Samuel Johnston, a distinguished lawyer and a relative on
his mother's side. He was admitted to the bar of York
county July 25, 1769, and to that of Philadelphia on the loth
of August following. He soon rose rapidly to legal distinc-
tion, and was in a successful career when the war of the
Revolution opened. In 1774 lie was vice-president of the
Committee of Observation for York county, and again in No-
vember, 1775. He was chosen a deputy to the provincial
conference held at Philadelphia, July 15, 1774, and a delegate
to the provincial convention of January 23, 1775. In Decem-
ber, 1774, he was first lieutenant of Captain James Smith's
company of Associators, and in December, 1775, chosen
lieutenant-colonel of the first battalion of York county. On
the loth of January, 1776, Congress elected him lieutenant-
colonel of the sixth battalion of the Pennsylvania Line, and
he served in the Canada campaign of that year. On the 27th

734 Sketches of the Members of Ihe Conventio7i.

of December, the same 3'ear, General Washington, by au-
thority of the Congress, issued commissions and authority to
raise two "additional regiments in Pennsylvania," the com-
mand of one being given to Colonel Hartley. He commanded
the first Pennsylvania brigade, Wayne's division, in the bat-
tles of Brandywine and Germantown. In 1778 he was in
command of the troops on the West Branch, upon which the
Indians and Tories from New York had made inroads. By a
resolution of Congress of i6th December, 1778, the remains
of Patton's and Hartley's regiments, with several detached
companies, were organized into what was termed the "new
eleventh" regiment of the Pennsylvania Line, to which he
was transferred on the 13th of January, 1779, but resigned
the month following, having been chosen to the General As-
sembly. In accepting his resignation Congress, deeming his
reasons satisfactory, bore testimony of their "high sense of
Colonel Hartley's merit and services." He served as a mem-
ber of the Council of Censors, 1783-84, and as a delegate to
the Pennsylvania convention to ratify the federal constitu-
tion in 1787. He was elected by the constitutionalists on the
general ticket for members of Congress in 1788, and con-
tinued in that high official position for a period of twelve
years. He was one of the original members of the Society
of the Cincinnati, and a trustee of Dickinson College at the
beginning of its educational career. In' 1799 he laid out the
town of Hartleton in the Buffalo Valley, on a tract of one
thousand acres purchased by him during the Revolution.
Governor McKean commissioned him, April 28, 1800, a
major-general in the Pennsylvania militia. General Hartley
died at his residence in York, December 21, 1800.

HiESTER, Joseph, of Berks county, was born November
18, 1752, in Bern township, Berks county, Pennsylvania.
He was the son of John Hiester, a native of ElsofF, in the
province of Westphalia, Germany. The son acquired the
rudiments of a good English and German education under
the supervision of the pastor of Bern Church. Until near
age he worked upon his father's farm, when he went to Read-
ing and learned merchandising. He was a member of the

Sketches of the Members of the Convention. 735

provincial conference held at Carpenters' Hall, June 18,
1776, which called the convention of July following. The
war of the Revolution breaking out, he raised a company of
Associators for the Flying Camp, which participated in the
battle of Long Island, where he was taken prisoner. After
several months' imprisonment, he was exchanged, and re-
turned in time to take part in the battle of Germantown,
where he was wounded. He was appointed by the Supreme
Executive Council one of the commissioners of exchange,
April 5, 1779, and on the 21st of October following one of
the committee to seize the personal effects of traitors. He
was chosen to the General Assembly in 1780, and served al-
most continuously from that date until 1790. He was a del-
egate to the Pennsylvania convention to ratify the federal
constitution in 1787, but did not sign the ratification. He
was a member of the State constitutional convention of 1789-
90, and under that instrument was elected to the first Senate,
serving a full term. He was chosen a presidential elector
in 1792, and again in 1796. He served in the fifth, sixth,
seventh, and eighth Congresses, and again in the fourteenth,
fifteenth, and sixteenth Congresses. It was during his last
term that he was elected Governor of Pennsylvania by the
Federalists, in a campaign which for personal vituperation has
never been equalled in Pennsylvania. His administration,
however, of the affairs of State was a successful one, but he
would not allow himself to be nominated for a second term.
Returning to Reading, he retired to private life, and died
there on the loth of June, 1832.

HoGE, Jonathan, of Cumberland county, son of John
Hoge and his wife, Gwenthleen Bowen Davis, was born July
23, 1725. His parents residing about that date in the Three
Lower Counties of Penn's Province, it is certain he was born
there, and not in Ireland. He was a delegate to the Penn-
sylvania convention to ratify the federal constitution, but op-
posed the ratification. He died April 19, 1800.

HoRSFiELD, Joseph, of Northampton county, was born at
Bethlehem, Pennsylvania, November 24, 1750. His father,
Timothy Horsfield, was an early Moravian settler, at Bethle-

736 Sketches of the Members of the Convention.

hem, and quite prominent in the history of that settlement.
But little is known of the son's early history save that he
was a man of good education and of influence in the com-
munity. He was chosen a delegate to the Pennsylvania
convention to ratify the federal constitution in 1787, and
signed the ratification. He was appointed by President
Washington, June 12, 1792, the first postmaster at Bethlehem,
an office he held until the 13th of February, 1802. He died
at Bethlehem on the 9th of September, 1834, at the age of
eighty-three years.

HuBLEY, John, of Lancaster county, the son of Michael
Hubley and Rosina Strumpf, was born in the town of Lan-
caster the 25th of December, 1747. He was a member of the
convention of 1776, and also of that of 1789-90. He was a
constitutionalist, and signed the ratification of the federal
constitution in the Pennsylvania convention of 1787. He
also served in the Supreme Executive Council in 1777, and
was chosen a presidential elector in 1801. A lawyer by pro-
fession, although by no means a brilliant one, yet there was
a magnetism about him which, next to Judge Yeates, made
him the most popular attorney at the Lancaster bar, always
justly celebrated for its great legal minds. He died January
<ji, 1821, aged seventy-three years.

HuNN, John, of the county of Philadelphia, was born in
1746, in Kent county, Delaware. His grandfather, Nathaniel
Hunn, was an early settler on the Delaware. John, the sub-
ject of our sketch, was brought up to a sea-faring life, and
was a captain in the merchant service at the breaking out of
the War for Independence. He was an ardent patriot, and
was intrusted with very important duties. In July, 1776, he
was in command of the privateer "Security;" while in the
following summer, when it was momentarily expected that
the British fleet would attempt to pass up the Delaware, at
the request of General Washington he was sent by the Coun-
cil of Pennsylvania to the Capes to give the earliest possible
notice of the appearance of the enemy's vessels. In the
campaign in and around Philadelphia he seems to have been
in active military service. In the subsequent events he was

Sketches of the Members of the Convention. 73^

not an idle spectator, his energies being principally devoted
to perfect plans to destroy the power of the enemy at sea.
When the war closed he retired to private life, only coming
to the front in times of great political excitement. As a
constitutionalist he was chosen to the Pennsylvania conven-
tion in 1787, and signed the ratification. He took a promi-
nent part at the meeting held in Philadelphia, June 22, 1795,
in opposition to the Jay Treaty, and was appointed one of the
committee to prepare a memorial to the President. Captain
Hunn died at Wilmington, Delaware, April 22, 1810, while
on a visit to his daughter, Mrs. Rodney.

Latimer, George, of the city of Philadelphia, was born
there in 1750. He was educated at the College of Philadel-
phia, and entered upon a mercantile life. In the Revolution-
ary war he was active and influential, and was in military
service prior to the occupation of Philadelphia by the British
in 1777. He was a delegate to the Pennsylvania convention
to ratify the federal constitution in 1787. He represented
his native city in the Pennsylvania House of Representatives
from 1792 to 1799, being Speaker of that body five years.
He was a presidential elector in 1792, and from 1798 to 1804
was collector of the customs by appointment of the Presi-
dent. In politics he was a Federalist. During the war of
1812-14 he was a member of the Committee of Defence for
the city of Philadelphia and treasurer of that body. He was
an enterprising citizen, being a director of the old Bank of
North America from the 9th of January, 1792, until his death,
and also president of the Union Insurance Company. He
was appointed April 5, 1786, one of the five commissioners
from Pennsylvania to confer with those from Maryland and
Delaware on the navigation of the river Susquehanna. In
1814 he was an independent candidate for Governor of Penn-
sylvania, receiving nine hundred and ten votes in the canvass
which elected Simon Snyder for the third term by a majority
of twenty-two thousand in a poll of seventy thousand. Mr.
Latimer died at Philadelphia on Sunday evening, 12th of
June, 1825, i^^ ^^s seventy-fifth year.

Lincoln, Abraham, of Berks county, the son of Mordecai
47

738 Sketches of the Members of the Convention.

and Mary Lincoln, was born in 1736 in Amity township,
Philadelphia, subsequently Berks county, Pennsylvania. His
father, who died in May of that year, a few months before the
birth of Abraham, was the ancestor of President Lincoln.
The subject of our sketch was brought up on the paternal
farm. He received a fair education, and became quite pro-
minent in the affairs of his native county. Prior to the
Revolution he served as county commissioner, continuing
in office during the greater part of the struggle for indepen-
dence. He was an active patriot, and was appointed one of
the sub-lieutenants of the county March 21, 1777. He served
in the General Assembly from 1782 to 1786, and was a del-
egate to the Pennsylvania convention to ratify the federal
constitution in 1787. He did not sign the ratification.
Under the act of the 14th of March, 1784, he was appointed
one of the Commissioners of Fisheries. He was a member
of the State constitutional convention of 1789-90, and ap-
pears to have been a man of much influence in that body.
He died at his residence in Exeter township, January 31,
1806, in his seventieth year. He married, in 1761, Anne
Boone, daughter of James Boone and Mary Foulke. She was
a full cousin of Colonel Daniel Boone, of Kentucky. The
Boones were Quakers, the Lincolns were Congregationalists.
Hence it appears by the records of Exeter Meeting, October
27, 1761, that Anne Boone "condones" her marriage for
marrying one not a member of the Society.

LuDWiG, John, of Berks county, was a native of the county.
But little is known of his early history. He became, how-
ever, a substantial farmer, and at the opening of the Revolu-
tionary war was a man of prominence in the county. He
served as a captain in the third battalion of Associators, and
was in service at Trenton and Princeton. He was commis-
sioned a justice of the peace in 1777, and re-commissioned
in 1784. He was a delegate to the Pennsylvania convention
to ratify the federal constitution in 1787, but with his col-
leagues, did not sign the ratification. He served in the Gen-
eral Assembly in 1782-83, and again in 1788-90. In 1789 he
voted asfainst callino; the convention to alter the State con-

Sketches of the Members of the Convention. 739

stitntion of 1776. He was a member of the Pennsylvania
House of Representatives from 1790 to 1793. Governor
Miflflin appointed him a justice of the peace April 17, 1795,
and he was yet in commission at the time of his death, which
occurred in July, 1802.

LuTz, or IvOTZ, Nicholas, of Berks county, was born in
the Palatinate, Germany, February 20, 1740, coming to
America when a young man. He located in Berks county,
was a millwright by occupation, establishing a mill near
Reading, at the mouth of the Wyomessing Creek. He be-
came early identified with the cause of independence, and
was a member of the provincial conference which met at
Carpenters' Hall, June 18, 1776. He was in command of a
batallion of Associators at the battle of Long Island, where
he was taken prisoner, and confined until April 16, 1777,
when he was admitted to a parol, but not exchanged until
the loth of September, 1779. He was appointed commissary
of purchases April 3, 1780, and served in the General Assem-
bly almost continuously from 1783 to 1790. He was a dele-
gate to the Pennsylvania convention to ratify the federal con-
stitution in 1787, but did not sign the ratification. Under
the constitution of 1789-90 he served as a member of the
House of Representatives from 1790 to 1794. He was ap-
pointed by Governor Mifflin one of the associate judges of
Berks county, February 6, 1795, serving until a short time
before his death. He died at Reading on the 28th of Novem-
ber, 1807, aged sixty-seven years.

McKkan, Thomas, of the city of Philadelphia, son of
William McKean, of Scotch-Irish ancestry, was born in
Chester county, Pennsylvania, March 19, 1734. He was
educated at the academy of Rev. Francis Alison, and entered
the office of David Finney, a lawyer of New Castle, Delaware.
He was appointed deputy prothonotary there, and afterwards
admitted to the bar, and in May, 1755, to that of Chester
county. He afterwards went to England, and studied at the
Middle Temple, London, being admitted May 9, 1758. In
1762 he was elected a member of the Assembly from New
Castle county, and was annually returned until the Revolu-

740 Sketches of the Members of the Convention.

tion, although for a portion of the time a resident of Phila-
delphia. In 1765 he assisted in framing the address of the
Colonies to the British House of Commons. In 1771 he was
appointed collector of the port of New Castle; was a member
of the Continental Congress in 1774, and annually re-elected
until February, 1783, serving in that body during a period of
eight and a half years, representing the State of Delaware.
During this period he was not only President of that State
(1781), but from July 28, 1777, to December, 1799, held the
office and also executed the duties of chief justice of Pennsyl-
vania. He was a member in 1778 of the convention which
framed the Articles of Confederation, President of Congress
(17S1), and a promoter of and signer of the Declaration of
Independence. He commanded a battalion which served in
the Jerse}' campaigns of 1776-77. He was a delegate to the
Pennsylvania convention to ratify the federal constitution
in 1787, and, next to Wilson, one of the most fearless advo-
cates for its adoption. He was a member of the Pennsyl-
vania constitutional convention of 1789-90, and under it be-
came its second executive, filling the gubernatorial office
three terms, from December 17, 1799, to December 20, 1808.
He was a trustee of the University of Pennsylvania, one of
the founders of the Hibernian Society, and a member of the
Society of the Cincinnati. The College of New Jersey con-
ferred upon him the degree of LL. D. , as did also Dartmouth
College. He died at Philadelphia on the 24th of June, 1817.
Macpherson, Wiluam, of the county of Philadelphia,
was born in Philadelphia in 1756. He was the son of John
INIacpherson and Margaret Rodgers. The father was a noted
privateersman during the French and Spanish wars, while
his mother was a sister of the Rev. John Rodgers, D. D., both
natives of Londonderry, Ireland. The son was educated
partly in Philadelphia and at the College of New Jersey. At
the age of thirteen he was appointed a cadet in the British
army, and in his eighteenth year, by purchase, he was com-
missioned a lieutenant in the sixteenth British regiment.
When the Revolutionary war began, his sympathies were
with his countrymen, although his allegiance to his sovereign

Sketches of the Members of the ConventioJt. 741

retained him in the British service. The death of his brother,
Major John Macpherson, in front of Quebec, who had espoused
the cause of his country, completely changed his feelings.
Tendering his resignation, he found his way into the patriot
lines in 1778, and was, on the recommendation of the Supreme
Executive Council of Pennsylvania, commissioned by Con-
gress a major by brevet in the Continental Line. He served
as aid on the staff of Lafayette, and also on that of St. Clair,
with distinction. He was one of the original members of
the Society of the Cincinnati, served as a delegate to the
Pennsylvania convention to ratify the federal constitution in
1787, and was a member of the General Assembly, 1788-89.
He was appointed, September 19, 1789, by President Wash-
ington, surveyor of the customs at Philadelphia; inspector of
the revenue, March 8, 1792; and on the 28th of November,
1793, naval officer, which latter position he held until his
death. During the Whiskey Insurrection, in 1794, he com-
manded the Philadelphia battalion, which went by the name
of "Macpherson Blues." President Adams commissioned
him, March 11, 1799, one of the brigadier-generals of the
provisional army, and in the so-called Fries Insurrection he
was in command of the few volunteers called into that ser-
vice. He died at his residence near Philadelphia, November
5, 18 1 3, in his fifty-eighth year.

Marshel, James, of Washington county, was born Feb-
ruary 20, 1753, in Lancaster county. He moved to the
western country some three years prior to the Revolution,
and settled in what is now Cross Creek township, Washing-
ton (then Westmoreland) county. He was on the Committee
of Observation for the latter county at the outset of the Rev-
olution, and captain in the militia for the protection of the
frontiers. He was appointed a justice of the peace June 11,
1777, and, when the county of Washington was organized,
commissioned one of its presiding justices. Under the con-
stitution of 1776 he held the office of register and recorder
from April 4, 1781, to November 19, 1784, and also served as
county lieutenant. Governor Miffiin reappointed him register
and recorder August 17, 1791, continuing in office to March

742 Sketches of the Members of the Convention.

6, 1795. In the mean time he filled the position of sheriff
from November 3, 1784, to November 21, 1787; was a dele-
gate to the Pennsylvania convention to ratify the federal
constitution in 1787, of which he was a stern opponent; and
w^as a member of the General Assembly, session of 1789-90.
Biddle, in his autobiography, states that he was one of the
principal promoters of the disturbance in 1794, but this arose
from the fact that he was present when the mail was taken
possession of by Bradford. The fact is, interference at such
a time was useless. He was no doubt a man of considerable
influence in the community, but far from being in league
with the insurgents. Captain Marshall died March 17, 1829,
at Wellsburg, West Virginia, whither he removed towards
the close of the century.

Martin, James, of Bedford county, was born in the Cum-
berland Valley, about the year 1750. In 1772 he resided in
what was then Colerain township. In the campaign of 1776
he commanded a company of Associators, and during the
Revolutionary era he was in active military service, chiefly
stationed on the frontiers to protect the farmers in sowing
and gathering their crops. He was one of the sub-lieuten-
ants for the county September 12, 1777, and a justice of the
peace for some years. On the 26th of February, 1785, he be-
came one of the judges of the Court of Common Pleas, and
in 1787 a delegate to the Pennsylvania convention to ratify
the federal constitution. He did not sign the ratification.
He was chosen a Councillor in 1789, and served in that capa-
city from November 12, 1789, until the constitution of 1790
dissolved that body. He was elected sergeant-at-arms of the
House of Representatives in December, 1790, serving that
session. On the 17th of August, 1791, Governor Mifiiin com-
missioned him an associate judge, an ofiice he filled accep-
tably up to the time of his death.

Morris, James, of Montgomery county, son of Joseph
Morris, was born in 1753. His father was a son of Anthony
Morris, who was fourth son of Anthony Morris, an only child
of Anthony Morris, born at St. Dunstan's, Stepney, London,
August 23, 1654. In 1771, Joseph Morris, the father, bought

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Sketches of the Members of the Convention. 745

of Virginia, which body, on the 7th of August, 1775, ordered
him to march with his company and take possession of Fort
Pitt. On the 23d of December, 1776, he was commissioned
a justice of the peace for Yohogania county, but declined the
appointment owing to the boundary dispute, as well as being
commandant at Fort Pitt. He was colonel of the fourth
regiment of the Virginia line, and one of the original mem-
bers of the Virginia Society of the Cincinnati. He served as
a member of the Pennsylvania Supreme Executive Council
from November 11, 1783, to November 20, 1786, and as a
delegate to the Pennsylvania convention to ratify the federal
constitution in 1787, signing the ratification. He was elected
to the General Assembly in 1788 and the year following,
while under the constitution of 1789-90, he was chosen to the
House of Representatives, session of 1790-91. The latter
year, at the urgent solicitation of the President and the Sec-
retary of the Treasury, he accepted the appointment of in-
spector of the revenue in the Fourth Survey of the District
of Pennsylvania, which he held until after the suppression of
the Whiskey Insurrection and establishment of the supre-
macy of the laws of the United States. He was commis-
sioned by Governor Mifflin brigade inspector, and was of
great service in securing the defence of the frontiers of West-
ern Pennsylvania. Under the act of Congress of May 18,
1796, he was appointed the agent at Pittsburgh for the sale
of lands in the territory northwest of the Ohio. He died at
his seat on Montour's Island (now Neville township), Alle-
gheny county, Pennsylvania, Friday, July 29, 1803.

Orth, Adam, of Dauphin county, son of Balthaser (died
October, 1788) and Gertrude Catharine Orth, was born
March 10, 1733, in Ivcbanon township, Lancaster (now Leba-
non) county. His parents came to America in 1729, and he
was thus brought up amid the dangers and struggles of Penn-
sylvania pioneer life. He received the limited education of
the "back settlements," and yet, by self-culture and reading,
became a man well informed and of more than ordinary intel-
gence. During the French and Indian war he commanded
the Lebanon township company in Rev. John Elder's rang-

746 Sketches of the Members of the Co7iveiitio7i.

ing battalion. In 1769116 was one of the commissioners of
the county of Lancaster. During the Revolution he was
early identified with the movement, and, although well ad-
vanced in years, assisted in the organization of the associated
battalions, and was appointed a sub-lieutenant of the county
March 12, 1777. Upon the formation of the county of Dau-
phin, he served as a Representative in the General Assembly
in 1789 and 1790. He was a delegate to the Pennsylvania
convention of 1787, but opposed the adoption of the federal
constitution, and took an active part in the Harrisburg con-
ference of 1788. For a long period he operated and owned
New Market Forge, which at his death he bequeathed to his
son Henr^^ He was one of the pioneers in the manufacture
of iron in Lebanon county, a man of energy and indomitable
perseverance. He died November 15, 1794.

Pedan, Benjamin, of York county, son of John Pedan,
was born about 1740. His father in 1733 settled in Hemp-
field township, Lancaster county, along Big Chickies Creek,
half a mile below where the Pennsylvania Railroad crosses.
It is not known when the son removed west of the Susque-
hanna and took up his residence in what is now Lower
Chanceford township, York county. When the struggle for
independence came on he took an active part, and was on the
Committee of Observation for the county. When supplies
were asked for the people of Boston, personally and unaided
he secured grain and flour, which he took to Baltimore for
shipment. He was appointed by the constitutional conven-
tion of 1776 one of the Board of Commissioners for York
county, and on June 10, 1777, commissioned a justice of the
peace. He was a delegate to the Pennsylvania convention
to ratify the federal constitution in 1787, which he signed,
although he eventually became a prominent anti-federalist.
He was a member of the constitutional convention of 1789-
90, and represented his county in the Legislature of the
State, session of 1805-6. He died at his residence in Lower
Chanceford township, York county, in October, 1813.

Pickering, Timothy, of Luzerne county, son of Deacon
Timothy Pickering, was born at Salem, Massachusetts, on

Sketches of the Members of the Cojivention. 747

the 17th of July, 1745. He graduated at Harvard Univer-
sity in 1763, studied law, and was admitted to the bar in
1768. At the outset of the Revolution he was on the Com-
mittee of Correspondence, and was the author of the address
of the people of Salem to the British general, Gage, on the
occasion of the Boston Port Bill. He first opposed an armed
resistance to the British troof)S, when, on the 26th of Feb-
ruary, 1775, he, while a colonel of militia, prevented their
crossing at a drawbridge to seize some military stores. In
the fall of 1776 he joined Washington's army in the Jerseys,
was subsequently (1777) made his adjutant-general, and
present at the battles of Brandywine and Germantown. On
the 5tli of August, 1780, he succeeded General Greene as
quartermaster-general. He was a member of the Pennsylva-
nia Society of the Cincinnati. After the war he took up his
residence in Philadelphia, and in 1786 was sent by the gov-
ernment to assist in adjusting the claims of the Connecticut
settlers in Wyoming. For an account of his adventures in
that section, see "Hazard's Register," Vol. VII. In 1787
he represented the county of Luzerne in the Pennsylvania
convention to ratify the federal constitution, but did not
sign the ratification. At that period he held the offices of
prothonotary, clerk of the courts, etc., for that county, and
was subsequently a member of the Pennsylvania convention
of 1789-90. He opposed Governor Mifflin's election to the
gubernatorial office, but, nevertheless, continued to hold
his positions under him. President Washington appointed
him Postmaster-General, November 7, 1791, which he held
until the 2d of January, 1795: filled the office of Secretary
of State from December 10, 1795, to the 12th of May, 1800.
Leaving office poor, he settled on a tract of land he possessed
in Pennsylvania. He returned to Salem, Massachusetts, the
year following, afterwards filling the various offices of judge
of the courts, United States Senator, 1803-11, and member of
the Massachusetts Board of War, 1812-14, and member of
Congress, 1815-17. He wrote quite a number of political
pamphlets during his brilliant political career, and was one
of the leaders of the federal party. He died at Salem,
Massachusetts, on the 29th of January, 1829.

748 Sketches of the Members of the Convention.

Powell, Joseph, of Bedford county, born about 1750, in
Bethlehem township, Northampton county, Pennsylvania,
son of Joseph Powell, a Moravian clergyman from White
Church, Shropshire, England. He studied for the ministry,
was settled in Bedford county, and during the Revolutionary
period became quite prominent in political affairs. He was
a member of the Pennsylvania convention to ratify the fed-
eral constitution in 1787, but united with his colleagues in
opposing the ratification. As stated in the sketch referred
to, he was a member of the State constitutional convention
of 1776, and also of 1789-90. He died in November, 1804,
in Bedford county.

Reynolds, John, of Cumberland county, was born in
1749, near Shippensburg, that county. His father, John
Reynolds, came from the north of Ireland and settled in the
valley at an early period. Although there were three John
Reynolds in that settlement during the Revolutionary
period, the subject of our sketch appears to have been the
more prominent one, "Justice Rannels," as he is generally
noted. He was commissioned a justice of the peace prior to
the Revolution, and during the struggle for independence
was an active partisan. He was continued in commission of
the peace by the Supreme Executive Council, June 9, 1777,
and by virtue of seniority became one of the judges of the
Court of Common Pleas. He was a member of the Pennsyl-
vania convention to ratify the federal constitution in 1787,
but voted against the ratification. He was an elder, as also
was his father, of Middle Spring Presbyterian Church. He
died the 20th of October, 1789, aged forty years,

Richards, John, of Montgomery county, son of Matthias
and Margaret (Hillegas) Richards, was born April 17, 1753,
in new New Hanover township, that county. His grand-
father, John Frederick Richards, came from Wiirtemberg,
Germany, to Pennsylvania prior to 1720, his warrant for a
tract of land bearing that date. He died in 1748, and his son
John in March, 1775, at the age of fifty-six years. The life
of the subject of this sketch was an eventful and busy one, —
with a fine estate, he was a progressive farmer, store-keeper,

DR . BENJAMIN RUSH .

From nn en^ravini; in the ^r/>nerican C'nifursal .Vnga-i.

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tbe peace fo^
. iitinued in cov
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nds.

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aided the | , but did not ^x-or arms. .-vL

the close of tl^i sLi ug^.^:, waca measures v
the county of Philadelphia, he b'=Tarv-
the formation of the county c-^'
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! ough his efforts was the coui; ■

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Sketches of the Members of the Convention. 751

scourge, saying to those who counselled him to regard his
personal safety, "I will remain if I remain alive." He died
in Philadelphia, April 19, 1813, leaving a reputation in his
professional life only equalled by his sterling patriotism and
his great philanthropy.

Scott, Thomas, of Washington county, was born Febru-
ary 28, 1739, in Donegal township, Lancaster county. In
1770 he removed with his family to Western Pennsylvania,
and settled on Dunlap's Creek, near the Monongahela,
Shortly after the erection of Westmoreland county, January
II, 1774, he was appointed a justice of the peace, and in that
capacity was a warm and able supporter of the Pennsylvania
jurisdiction, and drew on himself the particular resentment
of the partisans of Virginia. When this contest sunk in the
great cause of the Revolution, he was elected, in 1776, to the
first Assembly under the constitution of the State passed that
year. He was a member of the Council of Safety from West-
moreland county in 1777, and elected to the Supreme Execu-
tive Council, in which body he served three years. When
the county of Washington was organized in 1781, he was ap-
pointed prothonotary April 2, 1781, serving until March 28,
1789. He was a delegate to the Pennsylvania convention to
ratify the federal constitution in 1787, and in 1788 elected a
member of the first Congress under that instrument, which
he so zealously supported against the protests of his constitu-
ents and the contrary action of his colleagues. As the change
of the constitution of Pennsylvania occasioned a new ap-
pointment of State officers in 1791, he declined being consid-
ered as a candidate for a seat in the second Congress, with a
view to retain his office as clerk of the courts in Washington
county. Governor Mifflin thought proper to supersede him.
At the election, however, a few weeks after, he was chosen a
member of the Assembly, and in 1792 a member of the third
Congress. With only such opportunities of study as his res-
idence in Philadelphia while in Council affi^rded him, and
unaided by a liberal or professional education, he was ad-
mitted to the Washington county bar at the September term,
1 791, afterwards to other of the western counties, and was a

\y

752 Sketches of the Members of the Convention.

successful advocate. And it may be here stated that his ar-
guments were natural and judicious, his language nervous,
and his elocution remarkably emphatic. Mr. Scott died at
his residence in the town of Washington, whither he removed
upon the organization of the county, on Wednesday, March
2, 1796, a few days after he had completed his fifty-seventh
year.

Slagle, Henry, of York county, son of Christopher Sla-
gle, an emigrant from Saxony, was born in 1735 in Lancaster
county, Pennsylvania. He was commissioned one of the pro-
vincial magistrates, in October, 1764, and was continued in
the office by the convention of 1776. In December, 1774, he
served on the committee of inspection for York county; com-
manded a battalion of Associators in 1776; was a member of
the provincial conference of June 18, 1776; and of the subse-
quent convention of the 15th of July. He was appointed by
the Assembly, December 16, 1777, to take subscriptions for
the continental loan; and November 22, 1777, acted as one of
the commissioners who met at New Haven, Connecticut, to
regulate the price of commodies in the colonies. He repre-
sented York county in the General Assembly from 1777 to
1779; was appointed sub-lieutenant of the cou-nty, March 30,
1780; one of the auditors of depreciation accounts for York
county, March 3, 1781; delegate to the Pennsylvania conven-
tion to ratify the federal constitution in 1787, and member of
the constitutional convention of 1789-90. He was commis-
sioned by Governor Mifilin one of the associate judges of
York county, August 17, 1791, and continued as such, on the
organization of Adams county, and represented the latter
county in the legislature, session of 1801-2. He served as
one of the original trustees of Dickinson College, and was
a zealous supporter of the system of public education, which
he did not live to see adopted. He died at his residence in
Adams county.

SmiliE, John, of Fayette county, son of Thomas Smilie,
was born September 16, 1742, in county Down, Ireland. His
father came to Pennsylvania at an early period and settled in
Lancaster county. The son early espoused the patriot cause,

Sketches of the Members of the Convention. 753

and at once took sides, being a member of the County Com-
mittee, of the provincial conference held at Carpenters' Hall
June 18, 1775, and that of June 18, 1776. In the latter year,
and that of 1777, he served as a private in the Associators,
and continued in that situation during the most critical
periods of the war. In 1778, and again in 1779, he was
elected to the General Assembly from Lancaster county, and
became an ardent promoter of the act of 1780, providing for
the gradual abolition of slavery in Pennsylvania. In 1781,
he removed with his family to then Westmoreland county,
and was chosen a member of the Council of Censors, 1783-
84, from that county. When the county of Fayette was or-
ganized in 1784, he was chosen its first Representative in the
General Assembly, re-elected in 1785, and served in the
Supreme Executive Council from November 2, 1786, to No-
vember 19, 1789. He was a delegate to the Pennsylvania
convention to ratify the federal constitution in 1787 — op-
posed the ratification — and was one of the anti-constitutional
party who were mobbed in Philadelphia on the evening of
the 6th of November, that year. With Gallatin, he repre-
sented Fayette in the State constitutional convention of
1789-90. In 1790 he was elected to the State Senate, but in
1792, having been elected to the third Congress, he resigned
the last year of his senatorial term. He was sent to the Penn-
sylvania House of Representatives in 1795, '96, and '97, and
was a presidential elector in 1796. In 1798 he was again
chosen to Congress, the sixth, and re-elected to the succeed-
ing Congresses up to and including the thirteenth. He died
at the city of Washington on the 29th of December, 1813,
aged seventy-one years.

Stout, Abraham, of Bucks county, was born in Rockhill
township, Bucks county, in 1740. His father, Jacob Stout,
in 1735, came from Germany and purchased a tract of land
in the Proprietaries' manor of Perkasie, now covering the
village of Perkasie. The son seems to have been an influen-
tial farmer; was chosen a delegate to the Pennsylvania con-
vention to ratify the federal constitution in 1787, and also
a member of the constitutional convention of 1789-90. He
48

754 Sketches of the Members of the Convention.

held the office of justice of the peace from August 27, 1791,
to January 20, 1795. He died in June, 1812.

Todd, William, of Westmoreland county, was born about
1739, at the Trappe (now Montgomery county), Pennsylvania,
His father was Robert Todd, a native of County Down, Ire-
land, who came to Pennsylvania in 1737, and located in then
Philadelphia county, where he died in 1775. He was the
ancestor of the Todd family of Kentucky, from whom de-
scended the wife of President Lincoln. William Todd went
to Western Pennsylvania about 1765, locating at first within
the limits of Bedford county. He was a man of more than
ordinary prominence, was appointed by the provincial con-
ference held at Carpenters' Hall, Philadelphia, in June, 1776,
one of the judges of the election in the western part of Bed-
ford county for members of the first constitutional conven-
tion, by which latter body he was appointed one of the com-
missioners of that county, and also a justice of the peace.
Shortly after he removed to Westmoreland county, where he
settled upon land subsequently warranted to him, located
"on both sides of the road leading from Cherry's Mill to
Bud's Ferry, Youghiogheny River, Mount Pleasant town-
ship." He served in the General Assembly from 1783 to
1789, and opposed the calling of the convention of 1789-90,
He was chosen a delegate to the Pennsylvania convention of
1787, voting against its ratification; and was also a member
of the constitutional convention of 1789-90. He was an as-
sociate judge from August 17, 1791, to December 3, 1794,
when he resigned to take his seat in the State Senate, serving
one term, 1794 to 1796. He died in October, 1810.

Wayne, Anthony, of Chester county, son of Isaac Wayne,
was born January i, 1745, in that county. His grandfather,
Anthony Wayne, who commanded a squadron of dragoons
at the battle of the Boyne, came to Pennsylvania in 1722.
The father was prominent in local affairs, and was a member
of the provincial Assembly, 1757 to 1764. The son was a
farmer and surveyor. In 1774 he was chosen to the General
Assembly, was a deputy to the provincial conference of July
15, 1774, and a delegate to the provincial convention, Janu-

Sketches of the Members of the Convention. 755

ary 23, 1775. He was on the Committee of Safety from June
30, 1775, resigning when he was commissioned colonel of the
fourth battalion of the Pennsylvania Line, January 3, 1776.
He was in the Canada campaign of that year, and wounded
at Three Rivers. On the 23d of November, General Schuy-
ler assigned him to the command of the fortress of Ticon-
deroga and garrison, composed of Wood's, Dayton's, Irvine's,
Russell's, Whitcomb's, and his own battalion. He was pro-
moted brigadier-general February 21, 1777. In May follow-
ing, at his own earnest solicitation, he was called to the main
army, where he arrived on the 15th of that month, and was
placed in command of a brigade. He was with Washington
at the battle of Brandy wine, September 11, 1777, and held
his ground against Knyphausen until the right of the Ameri-
can army was turned. He was surprised at the Paoli on the
night of the 20th of September, and demanding a court of
inquiry, was honorably acquitted. He was wounded at Ger-
mantown, and greatly distinguished himself at Monmouth.
For his conduct at the storming of Stony Point, one of the
most gallant achievements of the struggle for independence,
on the night of July 15, 1779, Congress gave him a vote of
thanks and a gold medal. His conduct during the revolt of
the Pennsylvania Line, and his subsequent brilliant career in
the South until the close of the Revolution, render the name
of Wayne illustrious. Returning home, the well -scarred
veteran was the recipient of many honors. Chester county
elected him a member of the Council of Censors, 1783-84,
and from 1784 to 1786 he represented her in the General As-
sembly of the State. He was a delegate to the Pennsylvania
convention to ratify the federal constitution of 1787, and
espoused the cause of its adoption. The defeat of St. Clair
on the Maumee, in November, 1791, required a change of
commanders, and the eyes and hopes of the people were
turned to the discreet and cautious Wayne. He was ap-
pointed by President Washington, April 3, 1792, general-in-
chief of the army, and on the 20th of August following, by
the admirable discipline, courage, and bravery of his troops,
he gained the battle of " Fallen Timbers," and dictated terms

•

75^ Sketches of the Members of the Convention.

to the savages at Greenville. On the 14th of December,
1796, General Wayne suddenly closed his military career at
Presqu' Isle, and was buried on the shores of Lake Erie. His
remains were removed to Chester county in 1809, and in 181 1
the Society of the Cincinnati, of which he was an original
member, erected over them a plain, substantial monument.

Whitehill, John, of Lancaster county, was born Decem-
ber I, 1729, in Salisbury township, that county. His father,
James Whitehill, a native of the north of Ireland, settled on
Pequea Creek, in 1723. John received a good education.
He was an ardent patriot, and came into prominence at the
beginning of the Revolution. The Supreme Executive Coun-
cil appointed him, March 31, 1777, one of the justices of the
Common Pleas for Lancaster, and in the years 1778 to 1782
he represented the county in the General Assembly. He
served as a m.ember of the Council of Censors, 1783-84, and
was a delegate to the Pennsylvania convention to ratify the
federal constitution of 1787, but did not sign the ratifica-
tion. From December 22, 1784, to December 16, 1787, he
was a member of the Supreme Executive Council. Under
the constitution of 1790 he was appointed by Governor Mif-
flin an associate judge of the county of Lancaster, August 17,
1791. He was a presidential elector in 1796, and elected to
the eighth and ninth Congresses, serving with distinguished
ability. A rigid Presbyterian, he was a trustee and elder of
the church at Pequea. He died at his residence, Salisbury,
in 1815. He left a large landed estate. Brought to the front
by the Revolutionar}' war, he proved to be, like his compeers,
a person of indomitable courage and vigor of intellect, and
was ever tenacious of republican principles. He belonged to
the Jeffersonian school of statesmen.

Whitehill, Robert, of Cumberland county, was born
July 24, 1735, in Salisbury township, Lancaster county,
Pennsylvania. He was the son of James Whitehill and his
wife, Rachel Cresswell, and younger brother of the subject
of the preceding sketch. He was educated in the school of
the Rev. Francis Allison. In the spring of 1771 he removed
to Cumberland county, locating on a farm two miles west of

Sketches of the Members of the Conveittion. 757

Harrisburg. His entire public life was a successful and bril-
liant one. He was a member of the County Committee of
1774-75; of the convention of July 15, 1776; of the Assembly,
1776-8; Council of Safety from October to December, 1777;
member of the Supreme Executive Council, December 28,
1779 to November, 30, 1781; of the Assembly, 1784-7; under
the constitution of 1790, member of the House of Represen-
tatives from 1797 to 1801, and of the Senate from 1801 to
1804. During his term as Senator he was speaker of that
body, and presided at the celebrated impeachment of the Su-
preme Court of Pennsylvania. In 1805 he was elected to
Congress, and continued to be a member thereof until his
death. From 1774 to the time of his death he filled almost
every position in the gift of the people. In the Pennsylvania
convention to ratify the federal constitution of 1787 he was
one of the leaders in opposing the ratification, and it is to be
regretted that his remarks were not fully reported. He died
at his residence in Cumberland county, two miles west of the
Susquehanna, on the 7tli of April, 1813, while a member of
Congress.

Wilson, James, of the city of Philadelphia, was born
September 14, 1742, in the Lowlands, near St. Andrew's,
Scotland. His studies were pursued at Glasgow, St. An-
drew's, and Edinburgh, emigrating to Pennsylvania in 1766,
where he became a tutor in the College of Philadelphia. He
at once began the study of the law with John Dickinson,
one of the ablest legal minds in America, and was admitted
to the bar November, 1767. He shortly after took up his
residence at Carlisle, where he was in the enjoyment of a
good practice when the war of the Revolution began. He
early espoused the patriot cause, and was chosen a delegate
from Cumberland county to the provincial convention held
at Philadelphia, January 23, 1775. On May 6, 1775, the
Assemby elected him one of the deputies to the Continental
Congress, and on the loth he took his seat in that body.
He was re-elected by the Assembly, November 4, 1775, and
voted for the Declaration of Independence, to which he had
the honor of affiixing his signature. The State constitu-

75S Sketches of the Members of the Convention.

tional convention, on July 20, 1776, chose him to the same
position, and on March 10, 1777, he was elected by the As-
sembly. In 1782-83, and again in 1785-86, he served in that
body. On May 23, 1782, he was appointed brigadier-gen-
eral of the Pennsylvania militia. During the closing years
of the Revolution he acted as the advocate-general of France
in America, and for this service was handsomely rewarded
by that government. In 1779 he was one of the active mem-
bers of the Republican Society formed for the purpose of urg-
ing the revision of the State constitution of 1776. He was
appointed by the Supreme Executive Council and the Assem-
bly, February 14, 1784, one of the counsellors on the cause
between Pennsylvania and Connecticut, a case which he con-
ducted with great legal ability. He was a member of the
convention which framed the federal constitution of 1787,
and also of the Pennsylvania convention called to ratify that
instrument, being its foremost defender. It may with truth
be said that to him is due the honor of its ratification by that
body. President Washington appointed him, in September,
1789, a judge of the United States Supreme Court. He was
also a member of the constitutional convention of 1789-90.
In addition to these duties he accepted the appointment in
1790 of law professor in the University of Pennsylvania.
His course of lectures are published in his works, edited by
his son. In 1792 he published, in connection with Chief
Justice McKean, of Pennsylvania, "Commentaries on the
United States Constitution." During the Revolutionary
period he published several pamphlets relating to the contest
with the mother-country. Judge Wilson died at Edenton,
North Carolina, August 28, 1798, while on his judicial cir-
cuit, and was there buried. He was a profound thinker, and
thoroughly learned in the law. His scientific attainments were
of a high order, and the degree of Doctor of Laws was con-
ferred upon him. Graydon, in his " Memoirs," says of Wil-
son, referring to the Pennsylvania convention: "He never
failed to throw the strongest lights on his subject, and thence
rather to flash than elicit conviction syllogistically. . . . He
produced greater orations than any other man I have heard;

Sketches of the Members of the Convention. 759

and I doubt mucli whether the ablest of those who sneer at
his occasional simplicities and 'brilliant conceits' would not
have found him a truly formidable antagonist."

Wilson, William, of Northumberland county, emigrated
from the north of Ireland when quite young. Upon the
breaking out of the Revolution he was commissioned ensign
of Captain John Lowdon's company, Colonel William
Thompson's battalion, June 25, 1775, and marched to Cam-
bridge, Massachusetts. He was promoted second lieutenant
January 4, 1776. His regiment re-enlisting for the war,
under General Edward Hand, became the first Pennsylva-
nia regiment of the Continental Line. He was promoted
first lieutenant September 25, 1776, and to captain March 2,
1777. His regiment, in Wayne's division, took a very prom-
inent part in the action at Monmouth, June 22, 1778, where
the Royal Grenadiers under Colonel Monckton undertook to
break the centre occupied by Wayne and the Pennsylvania
Line. Colonel Monckton was killed, and in a hand-to-hand
fight over the colors of the Grenadiers they were secured by
Captain Wilson, and are in possession of his descendants at
Bellefonte. He was mustered out November 3, 1783, and
settled in the mercantile business in Northumberland, Penn-
sylvania. On the death of Colonel Samuel Hunter, he suc-
ceeded him as county lieutenant, commission dating May 20,
1784. In the fall of 1787, Colonel Wilson and his partner in
business, Captain John Boyd, were elected delegates to the
Pennsylvania convention to ratify the federal constitution.
There were parties in politics even at that time, and the rul-
ing party in Northumberland county were opposed to the
proposed constitution; but the old ofhcers of the army rallied
to its support, and selected two of their own number for
delegates. In 1789 he became a member of the Supreme
Executive Council, serving one year. In connection with
his partner, Captain Boyd, he built Chillisquaque Mills, at
the mouth of that creek, four miles above Northumberland.
He was appointed an associate judge January 13, 1792. In
September, 1794, he took a prominent part in favor of the
government in suppressing liberty-poles and demonstrations

760 Sketches of the Members of the Convention.

ou the part of those who sympathized in the Whiskey Insur-
rection. In 1798, when war was threatened with the French
Directory and a provisional army was authorized, Washing-
ton selected Colonel Wilson for one of his division command-
ers. Happily, there was no necessity to bring that army
into the field. He died in 1813.

Wynkoop, Henry, of Bucks county, son of Nicholas
Wynkoop, was born in Northampton township, that county,
March 2, 1737. His great-grandfather, Gerardus Wynkoop,
settled in Moreland township, then Philadelphia county, in
171 7. Henry Wynkoop, who received a collegiate education,
came into active prominence at the outset of the Revolution-
ary struggle. He was on the County Committee of Observa-
tion in 1774, a deputy to the provincial conference of July
15, that year, and a member of the provincial conference
which met at Carpenters' Hall on the iSth of June, 1775. He
was chosen major of one of the Associated battalions, and
was an efficient officer. He was on the General Committee
of Safety from July, 1776, to July, 1777. The General As-
sembly appointed him one of the commissioners to settle the
accounts of county lieutenants, December 4, 1778, and on
March 3, 1779, when Edward Biddle resigned his seat in
Congress, Major Wynkoop was chosen by that body to fill the
position, being re-elected November 24, 1780, and November
22, 1781. He was commissioned one of the justices of the
Court of Common Pleas and Orphans' Court, November 18,
1780, but resigned June 27, 1789, having been elected to the
first Congress, 1789-91. On the expiration of his Congres-
sional term he was appointed by Governor Mifflin an associ-
ate judge of Bucks county, August 17, 1791, filling that
honorable station until his death, October 24, 1812.

Yardley, Thomas, of Bucks county, was a native of
Ivower Makefield township, that county. He was descended
from William Yardley (1632-93) and his wife Jane, of Banse-
lough, near Leek, in Staffordshire, England, who, with their
children, Thomas and William, arrived at the Falls Septem-
ber 28, 1682, and settled in Lower Makefield township, taking
up a large tract of land, covering the site of Yardleyville.

Sketches of the Members of the Convention. 761

He was a delegate to the Pennsylvania convention to ratify
the federal constitution of 1787, and voted for the ratification.
Governor Mifflin appointed him a justice of the peace August
27, 1791, which office he held until February 21, 1794, which,
we presume, was the date of his death.

Yeates, Jasper, of Lancaster county, the son of John
Yeates and his wife, Elizabeth Sidbotham, was born April 9,
1745, in the City of Philadelphia. He was educated at the
College of Philadelphia, studied law, and was admitted to the
bar October 5, 1765. Shortly after he located at Lancaster.
When the war of the Revolution opened he took an active
part, and was chairman of the Committee of Observation for
Lancaster county. In 1776 he was one of the commissioners
appointed to hold a conference with the Indians at Fort Pitt.
Throughout the war for independence he occupied a con-
spicuous position in every patriotic effort. He was a mem-
ber of the Pennsylvania convention to ratify the federal
constitution, and one of the committee which reported the
form of ratification. He was a strong federalist. Under the
State constitution of 1789-91 he was commissioned by Gov-
ernor Mifflin, March 21, 1791, a justice of the Supreme
Court of Pennsylvania. President Washington appointed
him one of the commissioners to confer with the insurgents
in the so-called Whiskey Rebellion of 1794. In 1805, when
politics ran exceedingly high in the State, he, with Chief
Justice Shippen and Judge Thomas Smith, w^as impeached,
tried, and acquitted, upon one of the most trivial charges
which ever engaged the attention of a legislative body. He
remained in office until his death, at Lancaster, March 14,
18 1 7. Judge Yeates was the author of four volumes of
"Reports of Cases in the Supreme Court of Pennsylvania,"
published after his death.

APPENDIX

NOTES OF THE DEBATE

PENNSYLVANIA CONVENTION

JAMES WILSON.

From the Original Manuscript in the Historical Society of
Pennsylvania.

[The foot-notes to this appendix are given as marginal notes in the original manuscript
of James Wilson, and appear to be brief memorandums for a reply].

In Convention

Monday, 26th Nov., 1787, P. M.

* Mr. McKean — There can be only one Question before us. The Question
on separate Paragraphs would preclude A Vote of Approbation on the whole
system. Each Paragraph may be discussed; but without taking a Question
on the whole. A House convenient on the whole, may be defective in some
of its Apartments. We come not to compose a new Book.

Moved and seconded that the tenth Rule be repealed.

Mr. Smilie — It would be more proper to go into a Committee on the whole
than to repeal the Rule. — By going into a Committee there will be a double
Investigation.

t Mr. R. Whitehill — We are not precluded from proposing Amendments —
We are going to examine the Foundations of the Building. By proposing
Amendments we can hear what they say in the other States, and then can
accommodate.

Mr. Smilie — In a legal Discussion I am inferior to (Mr. McKean.). — The
mode proposed by him is contrary to every Idea of Order. — The Mode that
will give the longest Time to consider should be preferred.

In convention we can consider only each part once. — The People of Penna.

* The Matters of Form reduced to sound sense.

The Repeal of the Rule on Step to obtain the same free Debate as in Committee.
We have another Advantage as every Thing will appear on the Minutes.
We must take the System on the whole and, as the Result of the whole, ratify or not
ratify.
The gen'l Convention took allowances of Power, and were not appointed by the People.
tTo whom shall we propose Amendments?

Do we know they will be agreeable to our Constcy as much in this as
Time in the other States.

(765)

766 Appendix.

will be taxed by the Representatives of U. S. — The Freemen of Penna. will
think and act.

Mr. Scott — We are come to stamp the System with the Authority of the
People, or to refuse it that Stamp.

Tuesday, 27th Nov., 1787, A. M.

Mr. Whitehill — Moves that Reasons for Yeas and Nays may be entered on
the Journals.

Mr. McKean — A Speech to promote Candour and mutual Forbearance. —
No two Govts, exactly alike.

Division of the legislative Power, into two Branches, with a qualified
Negative highly proper — these should be Permanency in the Magistracies,
and Stability in the Laws.

*The Constitution opens with a solemn and practical Declaration — that
the Supreme Power resides in the People. It is announced in their Name.
They ordain and establish. They can repeal and annul.

There should be more than one Branch.

fl. In order to secure Liberty and the Constitution, it is absolutely neces-
sary that the Legislature should be restrained.

It may be restrained in several Ways:

1. By the Judges deciding agst. the Legislature in Favor of the Constn.

2. By Elections at proper Intervals of Time.

3. By the Interposition of the Supreme Power of the People on necessary
Occasions.

4. Principally by a Division of the legislative Authority into more Bodies
than one.

State the Necessity and Operation of this Division.

II. There will be more Caution — more Precision— more Stability in the Laws.

III. On the Principles of the Constitution, the States sh-oViXiS. be represented
and possess the Powers of self-presentation.

J This power is so strongly guarded, that it never can be lost to any State,
without its ozun Consent.

Ill-founded is the Objection of annihilating the State Governments.
I! The Usefulness of the qualified Negative.

1. It enlarges the Field of Deliberation and Debate.

2. It provides the materials of a practical History of Legislation.

3. It secures an additional Degree of Deliberation in passing the Law.

\ 4. It gives an additional Independency and Security to the Powers dele-
gated to the executive Department.

^ The importance of the Right of Suffrage.

* Preamble. — Contrast this with the Principle oi Magna Charta.

fArt. I, s. I.

X Last Proviso in Art. 5.

II The objections of the Presids. will be assisted by the Knowledge and Experience of the
Heads of Departments. Art. 2, s. 2.

gThe Judges possess their power of Independence and Self- Preservation by their Decis-
ions.

1[Art. I, s. 2.

Mont. 6. 2, c. 2.

Appendix. 767

In Convention. 2Stli Sept., [sic] 1787.

Mr. Smilie — There is no Security for our Rights in this Constn.

Preamble to Declr. of Independence.

Why did they omit a Bill of Rights ?

With Respect to Trial by Jury and Hab. Cor. there is a Bill of Rights.

Without one we cannot know when Congress exceed their Powers. — There
is no Check but the People— no Security for the Rights of Conscience
6th Article of the Constu.

This sweeping Clause levels all the Bills of Rights of the several States
and their Governments are not confirmed.

Mr. Whitehill — If we were sure that the general Government would not in-
fringe on the State Govts, we would be satisfied. Power is of an increasing
Nature. — We are not bound by Forms or Examples of other Countries. We
should improve on them.

"We the People "—changes the Principles of Confederation and intro-
duces a consolidating and absorbi7ig Government.

Does not this System violate the Confedn? 9 States are sufficient here, 13
were necessary before— may not the other 4 still insist on the Confedn ?

The Business was intended to give more Powers to Congress — the Powers
of the Delegates of this State in the Convention.

A genl. Govt, was not thought of Nor to unhinge the State Govts. — The
Convention have made a Plan of their own— they have assumed the Power
of proposing. — Alterations in Governmt. should proceed from the People.—
The Assembly of Penna. are limited in their Powers : And the Business
should have been left to the People.

This is a Mode of Amendment in the present Confedn.

Art I, s. I. Power unbounded.

Who are to be Judges of what is necessary and proper.

S. 2. Annual Parlts. and Assemblies necessary. — Br. Pari, took 7 years. —
Present Delegates in Congress may be recalled. — 6 years too long.

S. 4. Times and Places of Election. The Members of the Senate may en-
rich themselves: For they have a Power to Tax: Their Powers pervade
every Thing. It forms one genl. consolidating Government.

Power of borrowing Money — raising Armies.

If we give the Power, we are wrong ; tho' the Legislature are of our own
Election.

Could any State oppose the genl. Govt ? All are to be sworn to observe it.

A Bill of Rights may be dangerous to the Governours.

Ar. I, 6. This Article eradicates every Vestige of State Govt. — And was ijt-
tended so, for it was deliberated.

Art. I. s. 4. This is intended to carry on the Business when the State
Govts, are destroyed.

Can we give away the rights of Conscience ? There is no Reserve of it, tho'
these Reservations as to ex post facto Laws. Art. i, s. 9.

Let us secure our Liberties, and not quarrel about the Bill of Rights. —
They are not secured except as to Hab. Cor.

Mr Wilson.

Mr. Smilie — This Constn. goes too far in Favour of Tyranny. — We admit

768 Appendix.

that the Form of the State Govnt. must subsist: But their Efficiency aud
Power must be destroyed by the superabundant Power of the general Go\'t.

It is not a federal Govt., not a Confederation.

It is a complete Qoxi. — Legislative^udicial — Executive.

Its Powers extend to legislation to Taxes ; and leave only to

the States what they please.

Art. I, s. 8. "Collect Taxes." — "To make all Laws necessary," etc.

Who are to be the Judges of what is necessary for the Welfare of the U. S.

The State Govt, cannot make that agt. the genl. Government.

Power will not lessen.

A power appropriating Money — raising Armies, and commanding the
Militia. — Could the State Govts, oppose this.

There would be a Rivalship between the Genl. and St. Govts. — On each
Side they will endeavor to increase their Power.

Oaths to be taken to the Genl. Govt.

The State Govts, will lose the Attacht. of their citizens by losing their
Power.

The People will not support them ; but will suffer them to dwindle to
Nothing.

The Forms of Govt, may subsist after the substance is gone — as in the
Senate of Rome.

The State Elections will be ill attended.

The State Govts, will be mere Electors.

Will one consolidated Govt, be a proper one for the United States I

Mr. ]\IcKean— There has been no objection to tzuo Branches in the Legis-
lature— nor to the Mode of choosing them or the President.

The Powers are well defined and necessary.

The great guard agt. excessive Taxation, is that he that lays, pays, and
frequent Election.

To prevent Mischief we will not give the Power of doing good.

Who are to [ be ] the Judges ? — those who are chosen because they are
capable of being so.

Admn. of Govt, is of as mnch. practical Importance as its Nature.

In Convention. 30th Nov., 1787.

Mr. Whitehill — The genl. Govt, may subsist after the Abolition of the
State Go\'t.

The Powers of Congress are unlimited and undefined.

The Senators may hold their Places as long as they live ; and there is no
Power to prevent them.

Art. I, s. S., last Clause gives the Power of self-preservation independent of
the several States ; for in case of their Abolition, it will be alleged in Favour
of the genl. Govt, that self-preservation is the first Law.

The "Time " of Election is in their Power and therefore they may make
it as long as they please.

There are some Reservations in this Govt. — Why not more ?

It was systematically intended to abolish the State Goverts.

Mr. Hartley — England became enslaved at the Time of the Conquest.

The Power of collecting Taxes is necessary.

Appendix. 769

Recommendations have been insufficient.

Our Representatives have this Power.

In the Time of the Emperors, they appointed the Senate.

Dr. Rush — All Bills of Rights have been broken. There is no security for
Liberty but in two Things—just Representation and Cheqks.

The Citizens of the U. S. have the Preoccupancy of Liberty ; shall they
make a Deed of Confiscation to themselves.

Mr. Yeates — Objections reducible to 2 Heads — the Want of Bill of Rights —
Abolition of State Govt.

4 Art., 4 s. Guarantee of Repub. Government.

Power mtist be given. All power may be abused.

The Restrictions in Art. i, s. 10, will revive our Commerce, restore public
Credit, lessen Taxes.

Mr. Findlay — The Observations made relate to what is, and what is not in
the System.

I confine myself to answering the Remarks that have been made this Fore-
noon.

The natural Course of Power is to make the many Slaves to the few.

This is verified by universal Experience.

England had always the Com. Law : Its Charter will not apply to us.
Bills of Rights were great Improvements then.

Government will construe its own Powers so as to suit its own Wishes,
which it will call Necessities.

Because all Securities are broken, shall we have 7ione.

It is not a new Doctrine that, because a good Govt, ill-administered, pro-
duces Mischief, therefore we ought to be indifferent about it.

Voyf^rs given — Powers reserved — ought to be all enumerated.

Let us add a Bill of Rights to our other Securities.

In Britain the Appropriations are annual.

Annual Elections are absolutely necessary in the Govt, that is not merely
federal.

The Senate, the principal Branch, is elected for 6 years, and removes Re-
sponsibility far.

Number of Representatives too small. — There should be more in this new
and thinly settled Country, than in one old and populous.

Pennsylva. would not have any Representatives far from Philada.

This is not a confederate but a consolidating Government.

We ought to suppose that Congress will abuse its Powers.

The Powers of the genl. Govt, extend to State and interttal Purposes.

Dr. Rush— Our Rights are not yet all known, why should we attempt to
enumerate them ?

Mr. Smilie — In the Remembrancer there is a Bill of Rights of Virginia.

Mr. McKean — I wish to see what kind of Bill of Rights those Gentlemen
would propose.

Mr. Smilie — We will exhibit a Bill of Rights if the Convention will receive
it.

1. Great Point. — Is a Bill of Rights necessary.

2. Does this System abolish the State Governments.

49

']']0 Appendix.

Direct Taxation — poll Tax — standing Army are Objections.

Freedom almost unknown in the old World. — Are we to go there for Pre-
cedents of Liberty ?

Bill of Rights necessary as the Instrument of original Compad— and to
mention the Rights reserved. — The Sovereignty and Independence of the
States should be reserved.

There must be a People before there is a King ; and the People, in the first
Instance, have inherent and inalienable Rights.

We ought to know what Rights we surrender, and what we retain.

Suppose Congress to pass an Act for the Punishment of Libels and restrain
the Libertj' of the Press— for they are warranted to do this — what Security
would a Printer have tried in one of their Courts ?

An aristocratical Govt, cannot bear the Liberty of the Press.

The Senate will swallow up any Thing.

What Harm from a Bill of Rights ?

In Convention, Dec. ist, 17S7.

Mr. Pickering — Our principal Debate during the many Days we have met
has been whether the House would have a Porch. Let us first take a Survey
of the Mansion and see whether a Porch is necessary.

Mr. Chambers — The Manner of Debate is been very irregular and desul-
tory.

' 'All Legislative Powers herein granted. ' '

Art. I, s. I.

Mr. Findlay — It has been the Endeavour of many to paint our Necessities
highly, like persuading a Man in Health that [he] is sick. Our Situation
is such that we are not hastened in Point of Time and Necessity. We are
enjoying Liberty and Happiness to a very great Degree.

Our Difficulties arose from the Requisition and heavy Taxes laid in 1782.

This system not suitable to our Necessities or Expectations.

Necessities. — We could not enforce Treaties — regulate Commerce — and
draw a Revenue from it.

This System goes to raise internal Taxes — Capitation — Excises — to an Ex-
tension of the Judiciary Power even to Capital Cases — a Dependence of the
State officers in the genl. Govt.

This system is not such as was expected by me, by the People, by the
Legislatures, nor within these Powers.

It is a consolidating Governmefit and will abolish the State Go\i:s. or re-
duce them to a Shadow of Power.

I. from its Organization.

*"We the People," not "We the States."

From this we could not find out that we were United States.

tThe Sovereignty of the States not held forth nor represented.

"Each Senator shall have one Vote." — Under the present Confederation
the State Sovereignty is represented. — In Congress they vote by States. — A
State can speak but one Voice.

* " For the United States."
t" Sovereignty in the People."

Wilsoji' s Notes. 771

2. From its Powers.

The[y] who can tax, possess all other Sovereign Powers. There cannot
be two Sovereign Powers.

A subordinate Sovereignty is no Sovereignty.

Will the People submit to two taxing Powers

The Power of our Elections gives absolute Sovereignty. — So of judging
Elections.

The Judicial Powers are coextensive with the Legislative Powers.

Oath of Allegiance shews it to be a Consolidating Govt.

The Wages paid out of the public Treasury a Proof of cousolid Govt.

Mr. Smilie — Congress have Authority to declare what is a Libel. Art.
I, s. 8.

A Jurj' may be packed.

Mr. Findlay — That the Supreme Power is of Right in the People is true in
all Countries.

Cajole the People.

Mr. Whitehill — Tho' it is not declared that Congress have a Power to de-
stroy the Liberty of the Press ; yet in Effect they will have it : For they will
have the Powers of self-preservation.

They have a Power to secure to Authors the Right of their Writings. —
Under this they may license the Press no Doubt — and under licensing the
Press they may suppress it.

Art. I, s. 6. The Press is by this clause restrained, because the Members
shall not be questioned for Speeches in any other Place.

Admendts. may be laid before Congress.

Mr. Smilie — In the Constructiou of a complete Government all the neces-
sary Powers are given that are not restrained.

The Supreme Court shall have Jurisdiction in Cases where a State is a
Party.

Crimes shall be tried by Jury, erg. they have Power to declare.

Mr. Findlay — No Opposition on local Principles.

This Plan is inimical to our Liberties.

In Convention, Monday, 3d Dec, 1787, P. M.

Dr. Rush. — We sit here as Representatives of the People — we were not
appointed by the Legislature.

A Passion for State Sovereignty despoiled the Union of Greece.
Britain-France — enjoyed more Advantages united than separate.
A. Plurality of Sovereigns is Political Idolatry.
The Sovereignty of Penna. is ceded to U. S.

1. I have now a Vote for Members of Congress.

2. I am a Citizen of every State.

3. I have more security for my ppty. — The Weakness of Penna. in the
Wyoming Business. — The Insurgents are Antifederal,

4. No Corruption of Blood — or Forfeiture except.

5. No Paper Money or Tender Laws.

6. No religious Test.

7. Commerce — its Influence on Agriculture.

8. Ship building — Iron Mines.

772 Appendix.

9. Hemp.

10. Produce to load our Vessels built. — One only exists in the Southern —
the other only in the Eastern States.

ir. The Communication of the Mississippi with the Atlantic will be
opened under the new Constitution.

The Members in Virginia from Kentucky are enthusiasts for this system.

By adopting the fundary System, we have assumed a great Disproportion
of the public Debt. It must be thrown back on Congress.

Distress general thro' the Country.

Mr. Smilie. —

1. It is admitted that the State sovereignty is given up.

2. I never heard any Thing so ridiculous except a former [unintelligible]
of the same Gent.

3. Our preposterous Commerce has been the Source of our Distress —
together with our Extravagance.

4. We wish alterations made in the Confedn. But we wish not to sacrifice
the Rights of Men to obtain them.

5. Rights of Conscience should be secured. — They are so in the Bill of
Rights of Penna.

Mr. Findlay. —

6. A Confederation and good Government would be more to me and my
family than Wealth, Honour and Offices.

7. This is a Govt, of Individuals, and not a Confederation of States.

8. Sovereignty is in the States and not in the People — in its Exercise.

9. Vattell's description of Sovereignty — it belonged originally to the Body
of the Society. Vat. page 9 of the Sovereign.

ID. Vattel's Description of a federal Republic. If I am wrong, Vattel and
Montesquieu are wrong. Vat. p. 11, s. 10.

11. I. Investigate the Nature and Principles of the Government.

12. 2. How will it apply to our Security and Interests.

13. Gentlemen should first explain its Principles.

14. General Interests are well secured.

15. A single Branch I will concede.

16. I wish not to destroy this system: Its Outlines are well laid. By
amendments it may answer all our Wishes.

17. Notwithstand. the legislative Power in Art. i, s. i.

The Power of Treaties is given to the Presd. and Senate. This is Branch
of legislative Power.

18. Dark Conclave.

Mr. Pickering — According to common Acceptation of Words — Treaties
are not Part of the legislative Power. The King of Gr. Britain.

19. Mr. Findlay — The King of Gr. Britain makes laws ministetially. — And
the Legislature confirms them.

20. Ministers impeached for the Partitior Treaty.

21. Mr. Smilie — If the Ministers of Gr. Br. make an inglorious Conduct,
they may be impeached and punished. — But can you impeach the Senate
before itself

22. If it is ministerial, the Senate are here not a Legislature.

IVilson^s Notes. 'j'jt^

23. Supreme Laws cannot be made ministerially, but legislatively.
Mr. Pickering — In Gr. Br. Treaties are obligatory.

24. Mr. Smilie. In Gr. Br. a Law is frequently necessary for the Execu-
tion of a Treaty.

25. Mr. Whitehill — When a Treaty is made in G. B. it binds not the Peo-
ple if unreasonable. Treaties are binding by Acts of Parlt. and the Consent
of the People.

26. Mr. Findlay — The President has a qualified Negative : This is anothef
Inconsistency.

27. Mr. Smilie — If the K. of G. Br. makes a treaty contrary to Act of
Parlt. it cannot be executed till the Law is repealed. We have not the same
security here.

28. If the Senate could be impeached as the British Ministers may be, we
would have more security.

29. Mr. Findlay — The manner of numbering the Inhabitants is dark,
"other Persons." Art. i, s, 2.

30. Art. I, s. 9. 1st clause — Migration, etc., is unintelligible: It is unfor-
tunate if this guaranties the Importation of Slaves — or if it lays a Duty on
the Importation of other Persons.

31. This is a Reservation ; and yet the Power of preventing Importation is
no where given.

In Convention, 4th Dec, 1787, A. M.

32. Mr. Smilie — As the greatest Part of the States have compound Legis-
latures, I shall give up that Point.

33. I shall not object to the President's negative, for he will never be able
to execute it. The King of Gr. B. does not execute.

34. Tho' there be no separate Orders, there is a natural Aristocracy : The
Senate will represent it. House of Reps, will represent the common Mass
of the People.

35. Are the Rights of the People secured? Is the Balance preserved? A
Comparison between the Powers of the two Houses.

36. The Number of the House of Reps, too small.

37. They will not have the Confidence of the People, because the Peo-
ple will not be known by them, as to their Characters, etc. Only 8 for
Penna. — the Districts will be very large.

38. The greatest Part of the Members even in this House will be attached
to the natural Aristocracy.

39. This Body will be subject to Corruption, and the Means of Corruption
will be in the Senate ; for they have a Share in the Appointment of all
ofiicers.

40. There will be People willing to receive Bribes. The lower House
may be corrupted with offices by the Senate ; as the House of Commons
are. There will be Judges — Tax gatherers. Land Waiters — ^Tide Waters —
Excise officers.

41. To the Legislative Power of the Senate are added some Judicial Power
— and an alarming share of the Executive. They are to concur with the
Presidt. in making Treaties, which are to be the Supreme Law of the Land.

774 Appendix.

42. *In G. B. if Treaties interfere with subsisting Laws, they must be con-
formed. Treat}' of Com. between France and England, Art. 14.

43. The Senate may be bribed : Ought they not to be brought to Punish-
ment ? Will tlieir Colleagvies convict him on Impeachment?

44. If it was not for such Things as these, we would not contend agt. this
Constitution.

45. The Senate may for ever prevent the Addition of a single member to
the Lower House ; while their own Representation may be increased.

46. This Constitution contradicts the leading Principles of Govt. Mont.
6, II, is 6 p., 199.

47. We have not every Security from the judicial Department. — The
Judges for disobeying a Law may be impeached by one House and tried by
the other.

In Convention, 5th Dec, 1787, A. M.

48. Mr. Findlay — The States made Bills of Rights not because they were
known in Britain ; but because they were proper.

49. A Majority of the States have them.

50. M. 6, 202. "The People in whom the Supreme Power resides."

51. Vat. 6. I, s. I, 2. "Sovereignty."

52. The Sovereignty is essentially in the People ; but is vested in a Senate
or a Monarch.

53. Vat. 6. I, s. //, 10.

54. If all the Powers of Sovereignty are vested in one Man or Body, it is
Tyranny.

55. The States have already parted with a Portion of their Sovereignty :
It is now proposed to give more : But the People did not mean that the
whole should be given up to the general Government.

56. The State Governments are not subordinate to the genl. Government
as to intertial Taxes and other internal Purposes.

57. Congress may with safety raise a Revenue from Commerce.

58. The general Government is farther removed from the People than the
State Governments.

59. There cannot be two taxing Powers on the same Subject. — Taxation
draws Legislation with it. There will [be] no Sovereignty in the States with
Regard to Taxation.

60. There is no Sovereignty left in the State Governments — the only one
is in the general Government.

61. The general Interests of Pennsylvania were not represented in the
Convention.

62. Sovereignty essentially resides in the People, but they have vested
certain Parts of it in the State Governments and other Parts in the present
Congress.

63. We never said that the People were made for the States.

64. Who denied that Sovereignty was inalienably in the People?

65. There is a Declaration in the Bill of Rights of Penna. that the People

Wilson'* s Notes. 775

may change the Constitution — and they only add a Constitutional Right —
which is also done in the system before us. — The same Thing has also been
done in some of the other States.

66. The Checks on the Senate are not sufficient.

67. We ought to draw Instruction from the State Constitutions. Many of
them — Virginia in particular — declare that the legislative, executive and
judicial Departments should be kept distinct and independent.

68. What can be a greater source of Corruption than for the Legislature
to appoint Officers and fix Salaries ?

69. I would be at any Expense rather than submit to the Beginnings ot
Corruption — such as this.

70. There can be no Legislation without Taxation. — The States will not be
able to raise a civil List.

71. I mean by a consolidating Govt, that which puts all the thirteen
States into one.

72. This is a consolidating Govermt. as to all useful Purposes of Sover-
eignty.

73. In the Senate a Citizen of Delaware enjoys ten Votes for one that a
Citizen of Penna. enjoys.

74. It is all one for a Citizen of Penna. to be taxed by a Representative
from Georgia as for by his own Representative.

75. The smaller States have a Majority in the Senate ; and they may lay
Taxes on the larger States.

76. Congress may make the Number of Representatives as few as they
please.

77. In Penna. before the Revolution the new Counties were unequally re-
presented.

78. Penna. is unequally represented in the House of Representatives.

79. 100 Members are enough for a deliberative Body : And, on the present
Plan, the Number will be either too large or the Representation too small.
To avoid this let us have a. federal Government. — Internal Power in a federal
Govt, is inadmissible See next page but one.

80. To state the Danger of refusing this plan is improper. It is the
Tyrant's Plea : Take this or Nothing.

In Convention, 5th Dec, 1787, P. M.

81. Mr. Findlay. The partial Negative of the President is a Part of legis-
lative Avithority, as no Bill can become a Law without his Revision.

82. Mr. Adams defines a natural Aristocracy "Such as have a separate In-
terest from the Community." "Those that in most Countries are called the
Nobles."

83. The larger the Districts, the purer the Elections— is a novel Doctrine
to us, and opposed to the very End of Elections.

84. Adams' Def. Pref. ; p. 3.

85. The Voice of the People is the Law of the Land.*

86. Are 8 Members a better Representation of Penna. than what they now
enjoy?

* But not the Voice of Districts.

776 Appendix.

87. While the Forms of State Govts, continue, all their Apparatus of
Offices continue.

88. We all mean the same Theory about the Sovereignty of the People. —
Sovereignty remains essentially in them.

89. Annual Elections are an annual Recognition of the Sovereignty of the
People.

90. * Are the State Governments a Snare ? They are not wrapt in Mystery
and Darkness.

91. I believe that there are Go^s. that keep the several Powers more dis-
tinct than the System before us.

92. We are agreed as to the Independence of the Judges.

93. The present System has increased the Difficulty of drawing the Line
between Genl. and State Governments by encroaching into internal objects.

94. The President may aid the aristocratical Senate — and must aid it.

95. Internal Powers in a federal Governt. are inadmissible.

96. There is no Guard against Congress making Paper Money.

97. The States have redeemed their Paper Money better than Congress
have done.

98. Amendments will always take more Power from the People, and give
more to the Government.

99. There is no Security for such Amendments as we want : If we don't
obtain them now, we shall probably never procure them.

100. The System ought to speak for itself, and not need Explanations.
Mr. Chambers — From the Silence on the other Side, I conclude they have

no more to say against the first Article ; I move to proceed to the Considera-
tion of the second Article.

Mr. Wayne — I second the Motion : I hope the Reasons in Favour of the
proposed Constitution will induce many of the Opposition to come over.

loi. Mr. Whitehill — If we go to the 2d Article shall we be permitted to
draw our Objection from the first — to show that this is a consolidating Govt,
and will annihilate the States.

102. Art. I, s. 3. How shall the Seats of the &c first Class of the Senators
be vacated ? This must be made by Law of the Senators and Representa-
tives : But they may make or not make this Law at their Pleasure.

103. The present Congress or some other Body should have decided this
Matter.

104. The Senate may be enlarged under the 5th Article. " Its equal Suf-
frage " may mean a Suffrage in Proportion to Numbers, and consequently
would increase the Numbers and Influence of the Senate.

105. Such Members may be chosen as the City of Philada. shall please. —
Men of Wealth, etc.

106. Art. 5. To whom are Congress to propose Amendments ? to a few
Men of the different States if they please.

107. Congress, when they propose Amendments, will have it in their
Power to regulate the Elections of Conventions ; or may order one Election
and one Convention for the whole Union.

* An Attempt was made to trap the People of Penn. at the Time of forming its Constitu-
tion.

WilsofCs Notes. 777

io8. As long as the World stands, there never will be another Amendment,
if the present System be confirmed.

109. Even Post-Roads are in the Power of Congress.

1 10. A Citizen of one State may sue a Citizen of another State for an In-
heritance of Land, claimed by Will under the Law of the State where the
Land is.

111. They may establish the Rights of Primogeniture.

112. Mr. Smilie.— Has not this Day been pretty closely occupied by us in
the Opposition ?

In Convention, 6th Dec, 1787, A. M.

113. Mr. Smilie— I object to the Power of Congress over the Militia, and
to keep a standing Army.

114. What I mean by a consolidating Govt, is one that will transfer the
Sovereignty from the State Govts, to the genl. Govt.

115. It is properly an aristocracy.

116. Because the Representatives are too few, and will be elected only by
a few Tools in very large Districts.

117. In Penna. before the Revolution, the little Country Towns governed
the Elections.

118. The People will not attend the Election; only the Tools of the
Government will attend.

119. If Congress exercise their Powers over the Times, Places and Manner
of Elections, where are we ? 8 Men may be elected in one Ticket and at
one Place. Should any Body have this Power?

120. The Balance of Power is in the Senate. Their Share in the Execu-
tive Department will corrupt the Legislature and detract from the proper
Power of the President, and will make the President merely a Tool to the
Senate.

121. The President should have had the Appointment of all the Ofiicers,
with the Advice of a Council.

122. The Senate will overset the Balance of Government by having the
Purse and the Sword : The President will act in Concord with them.

123. In a free Govt, there never will be Need of standing Armies, for it
depends on the Confidence of the People. If it does not so depend, it is not
free.

124. The Convention, in framing this Govt., knew it was not a free one;
otherwise they would not have asked the Power of the Purse and the Sword.

125. The last Resource of a free People is taken away, for Congress are to
have the Command of the Militia.

126. The Laws of Penna. have hitherto been executed without the aid of
the Militia.

127. The Governour of each State will be only the drill Sergt. of Congress.

128. The Militia officers will be obliged by Oath to support the genl. Govt,
agt. that of their own State.

129. Congress may give us a select Militia which will, in Fact, be a stand-
ing Army — or Congress, afraid of a general Militia, may say there shall be
no Militia at all.

7/8 Appendix.

130. When a select Militia is formed, the People in general may be dis-
armed.

131. Will the States give up to Congress their last Resource, the Com-
mand of the Militia?

132. Will the Militia Laws be as mild under the genl. Govt, as under the
State Govt. Militia ? Men may be punished with Whipping or Death. They
may be dragged from one State to any other.

133. " Congress guarantees to each State a Republican Form of Govt." Is
this a Security for a free Govt? Mr. Adam's Defence. 86 Poland is a Republic.

134. Can even the Shadow of State Govts, be continued if Congress please
to take it away ?

134. The Senate and Presidt. may dismiss the Representatives when once
a standing Army is established with Funds; and there this Government
will terminate.

135. Mr. Findlay — The Objections of the Members from Fayette are
founded, important, and of extensive practical Influence. Tax and Militia
Laws are of universal Operation.

136. The Militia will be taken from Home, and when the Militia of one
State has quelled Insurrection and destroyed the Liberties ; the Militia of
the last State may at another Time be employed in retaliating on the first.

137. No Provision in Behalf of those who are conscientiously scrupulous
of bearing Arms.

138. Mr. Smilie — As Citizens we are all equally interested. Let us have a
friendly, free and fair Discussion.

139. Mr. Findlay— The Power of regulating Elections remains to be con-
sidered.

140. Art. I, s. 4, as to the "Place" of Elections, struck the Public more
suddenly and with more Force than any other. The "Time" may be
justified.

141. Congress may say that none shall vote by Ballot.

142. The Blades of Election will be appointed in such Way as to give the
greatest Influence to Govt.

143. The "Places" of Elections are of more Importance than the Time or
Llanner.

144. The States were competent as to the Places by their Knowledge and
Responsibility. This is intrusted by our Constitution to the State Legis-
lature.

145. This can have no virtuous or pure Use.

146. The Place of Elections may be removed so as to take it out of the
Reach of the lower and midling Classes of Men.

147. By this Clause the Government may mould and influence Elections
as it shall please.

148. This Q,o\t. may go into the Channel of Monarchy, but more likely of
Aristocracy.

149. Under the present Confederation, Congress have not both the Power
of raising standing armies and the Means of paying them.

150. I could not contrive a better plan [than] this, for introducing Aris-
tocracy.

Wilson'' s Notes. 779

151. Mr. Smilie — Mr. Adams says there is in all Societies a natural Aris-
tocracy. L,etter 53, p. 362. Three Branches of Government in every So-
ciety. The Executive ought to have a Negative on the Legislature.

152. The People of the U. S. thought a single Branch sufficient for Con-
gress, which is not a legislative but a diplomatique Body, etc., ib.

153. Letter 55, 372.

In Convention, 7th Dec, 1787, A. M.

154. Mr. Whitehill — The Vice-President will be an useless and perhaps a
dangerous office, as he will be more blended with the Legislature and will
have a Voice when the Votes are equal. Salaries may depend on his Vote.

155. The Power of Congress to fix the Time of choosing the Electors of
the President is improper : We have no Power to oblige Congress to act.

156. The Power of the Senate to make Treaties is dangerous.

157. The Extent of this Government is too great. It cannot be executed.
We have proved it to be a consolidating Government.

15S. Mr. Findlay — Only a Part of the Executive Power is vested in the
President. The most influential Part is in the Senate, and he only acts as
primus infer pares of the Senate ; only he has the Sole Right of Nomination.

199. The officers of Government are the Creatures of the Senate : The
Senate should not therefore be the Judges on Impeachments.

160. The great Objection is the blending of executive and legislative
Power : Where they are blended there can be no Liberty : Mr. Adams says
so. This great Subject is better understood by the People and attended to
by the Legislature than any other : It is my Duty to insist, and I will insist,
that the Distribution of Power in the present System be amended.

161. Mr. Whitehill — Why is the Sovereignty of the People always brought
to Voice? There are 13 Sovereignties in the United States, and 13 different
Governments : Wh)' knock down all Distinction of different Governments.

162. The judicial Department is blended with and will absorb the judicial
Powers of the several States ; and Nothing will be able to stop its Way.

163. The Supreme Court will have very extensive Powers indeed : They
must be an extension of the United States.

164. There must be a great Number of inferior Courts in the several
States. One for a large State would not be enough. — Shall an Action for 5
or 10 be brought in it? There ought to be one in every County. The Num-
ber of judicial officers will be multiplied.

165. Appeals will be to the Supreme Court, which will put it in the Power
of the wealthy to oppress the poor.

166. The Powers will be too extensive for the Safety and Happiness of the
People : Justice cannot be administered.

167. Any Kind of Action may by Contrivance be brought into the federal
Courts.

168. There may be Courts of Equity as well as Law.

169. Can the federal Courts give Relief to the Complaints of the People in
proper Time. The State Courts have much Business. How much more
will the genl. Courts have ?

170. The general Courts may alter the Rights of Dissent and the Division
of real Property. They may establish the Rights of Primogeniture.

780 Appendix.

171. The Trial of Critnes is to be by Jury, therefore the Trial of civil
Causes is supposed not to be by Jury.

172. We preserved the Trial by Jury against the Attempts of the British
Crown.

173. I wish for the Honour of the Convention this had not been omitted.

174. Art. 3, s. 2, "The Laws of the United States" Laws may be made in
Pursuance of the Const," tho' not agreeably to it : The Laws may be uncon-
stitutional.

175. Treaties may be so made as to absorb the Liberty of Conscience,
Trial by Jury and all our Liberties.

176. "Citizens of another State " must mean all the Citizens.

177. There is no Line drawn in the judicial Department, between the genl.
and State Govts.

178. Houses may be broke open by the officers of the genl. Govl. They
will not be bound by this Constitution.

179. Mr. Smilie — In common Law Cases there ought not to be an Appeal
as to Facts. Facts found by a Jury should never be re-examined.

180. I doubt whether there has not been an Intention to substitute the
civil Law instead of the common Law.

181. There may be Danger in the Execution of the judicial Department as
in the Case of a rigorous Collection of direct Taxes. — A Quarrel between a
Collector and a Citizen would drag the Citizen into the Court of Congress.

182. The Courts must be very numerous or very few. Either will be in-
convenient. They must be numerous.

183. If the State Govts, are to continue, the People will not be able to
bear the Expense of them and the genl. Govt. Will this save Expense ?

184. Mr. Findlay. The Convention, no doubt, thought they were form-
ing a Contract or Compact of the greatest Importance.

185. The Judges are better for the Guard of Juries in all possible Cases.
The Mistakes of Juries are never systematical. The Laws can never be so
enacted, as to prevent the Judges from doing wrong.

186. I admit that it would have been impossible to have accommodated the
Trial by Jury to all the States : But Power ought not to have been given ap-
plying to such internal Objects.

187. There might have been a Declaration that the Trial by Jury in Civil
Cases as it hath hitherto been in the several States, or in the State where the
Cases arose.

188. The Jurisdiction will, I believe, be chiefly appellate, and therefore
chiefly without Jury.

189. The States can make "no post facto Laws, etc," therefore there was
no Occasion for introducing the Clause "between Citizens of different
States."

190. This Clause may produce Doubts in the. Dealings between Citizens of
this State and New Jersej'.

191. " Compensation " is a new Form : Does it denote vSalary or Perquisi-
tes ? These should be incapable of holding offices under the States, or other
Offices under the genl. Govt. — They may hold Sinecures. I have only lately
discovered this Objection.

Wilson's Notes. 781

192. A Treaty is not constitutionally guarded. It may be superior to the
Legislature itself. The House of Representatives have Nothing to do with
Treaties.

193. Mr. Smilie — I cannot see the great Difficulty of securing at Cost the
Substance of Jury in civil Cases.— It ought [to] have been said that the
Legislature should make Regulations for the Trial by Jury in them.

194. Whatever is not given is reserved. The Trial by Jury is given in
criminal cases, therefore reserved in civil Cases.

195. The Judges may be bribed by holding other Offices.

In Convention, 8th December, 1787.

196. *Mr. Smilie— This System puts the Govt, in a Situation, in which
the Officers are not responsible.

197. Every Door is shut against Democracy.

198. It was the Design and Intention of the Convention to divest us of the
Liberty of Trial by Jury in civil Cases ; and to deprive us of the Benefits of
the common Law.

199. The Word Appeal is a civil Law Term and therefore the Convention
meant to introduce the civil Law.

200. On an Appeal the Judges may set aside the Verdict of a Jury.

201. Appeals are not admitted in the Common Law.

202. If a Jury give a false Verdict, a Writ of Attaint lies, or the Verdict
may be set aside. A Writ of Error lies as to Matters of Law, but on that
Writ the Facts are not re-examined.

203. t3 Bl., 378 — concerning Trials by Jury.

204. 3 Bl., 392. The Expense of civil Law Proeeedings.

205. 3 Bl., 390, 391. The Propriety of new Trials.

206. 3 Bl., 452. Chancery frequent[ly] directs the Trial of Facts by a
Jury.

207. 3 Bl., 336. Trial by Witness is the only Mode known to the civil
Law.

208. jThe Case of Fossey av Cunningham, New York. Appeal to the
Governour and Council — Reasons of the Chief Justice for the Conduct of
the Judges.

209. "All the Appeals we have yet had, have been in Error."

210. If such an attempt was made in England, what would the People 01
that Country do ? It would set the whole Nation in a Flame.

211. Securing the Trial by Jury in criminal Cases is worse than saying
Nothing.

212. The Convention might have said that Congress should establish
Trials by Jury in civil Cases.

213. Mr. Whitehill — Are we to trust all to Judges, who will have their
Favourites ?

214. There is no Security by the Constitution for People's Houses or
Papers.

* New Hampshire.
tAttheWillofParlt.

\ The Question here was— whether Instructions from the Crown could, or were meant to
alter the I,aw,

783 Appendix.

215. Farener's Letters. Let. 9. The King cannot punish till a Person be
found guilty by his Peers, Excellence and Description of Trial by Jury in
criminal Cases.

216. These Privileges (described in the Letter) are not secured by this
Constitution.

217. The Case of Mr. Wilkes and the Doctrine of general Warrants show
that Judges may be corrupted.

218. A wicked Use may be made of Search Warrants.

219. If such Men execute as forward this Constitution, all Alterations will
be for the worse.

220. The People will not submit to this QjO\\..

221. Art. 6, Clauses 2 aud 3 are concluding Clauses that the State Govern-
ments will be abolished.

222. *The Oath here required is contrary to the Oath required by the Con-
stitution of Penna. No Member of Assembly will hereafter take the latter
Oath.

223. The next Thing will be to call Conventions to alter the State Govern-
ments.

224. All our Constitutions may be altered by Treaties made by a few
Senators.

225. This lordly Domination will not do.

226. Our greatest Liberties will, by this Constitution, be sacrificed to the
Will of Men.

227. The Trial by Jury is given up to the Will of Congress.

Mr. McKean — I have read as well as heard the Objections mentioned here
in the Centinel, Brutus, Cincinnatus.

228. Mr. Findlay — The State has had but two Months to consider this
System.

229. Trial by Jury is not secured in civil Cases as in criminal ones. It is
at the Mercy of the Legislature.

230. By the appellate Clause, an appeal lies from the Verdict of a Jury, a
Thing hitherto unknown.

231. Personal Liberty cannot be enjoyed without Trial by Jury.

232. All the northern Countries have been zealous of Freedom. Sweden
till lately had Trials by Jury, and certainly a free Govt, well balanced, con-
sisting of four Branches.

233. Trial by Jury is inconsistent with a complete Aristocracy.

234. The Lower Class of People will be oppressed without Trial by Jury.

235. This Part is explanatory of other Parts of the Plan.

236. The People never expressed a Wish to give up the Trial by Jmy.

237. In Penna. the Trial by Jury must be by a Jury of the proper Countj'.

238. Mr. Smilie — In all Times a Minority contending for the Rights of
Mankind have been treated with Contempt.

239. The People should be represented by Juries in the Administration of
Justice.

*New H. Bils. R., s. 20, 21.
Mass. B. R. s. 15.

Wilson^ s Notes. 783

240. 3 Bl., 380. Every new Tribunal without Jury is a Step towards an
Aristocracy.
Mr. Findlay —

In Convention, Monday, loth Dec, 1787, P. M.

Mr. Findlay — As to the Trial by Jury in Sweden. Mod. Un. His., Vol. 33,
p. 21, 22, Juries remain in Office for Life. 3 Bl., 349, 3S0, 381.
Mr. McKean. —

1. Consider Objections.

2. Give Reasons in Favor of the Plan — Objections.

1. Elections not frequent enough.

2. N[umber] of R[epresentatives] too few.

3. Senate have too many blended Powers.

4. Congress, Times, etc.. Elections.

5. Powers of Congress too large.
i!i.ppropriations too long.

6. Whole of the Ex. Power not lodged in Presdt. alone.
V.-Pres. should not have a vote in Senate.

7. Compn. of Judges may be incidentally increased.

8. No Bill of Rights.

9. A consolidating Govt. — not a federal one.
[10.] An Aristocracy.

I. Elections frequent enough.

The different Durations of Parliament.

Service should be longer than that of Representatives.

II. The Representation is large enough.
Before 25 years the Number will be doubled.

III. None of the simple Forms of Govt, are the best.

There is no Writer of Reputation but has allowed that the Br. Gov. was the
best in the World before the Emancipation of U. S.

When a Judge, etc. is impeached, it is probable that none of those who
appointed him will be present. The Danger lies from the Desire of Re-
moval.

In Penna., Ex. Council appoint and impeach Ofl&cers.

IV. Art. I, s. 4.

Every House is Judge of Qualif. and Elections.
Are not alt the States interested in the Elections?

V. Power of internal Taxes not too great.
Foreigners may compel Paymt. of their Debts.

Have we not had Experience enough of Requisitions ?
Is it not necessary that Congress should have a Power of raising and sup-
porting Armies? — and the Command and Discipline of the Militia ?
"All Laws necessary & proper," etc., this liable to no first Exceptions.
"This Const." etc., shall be the Supreme Daw.
"Importation" etc. Subject of Applause.

VI. In Penna. there is no Responsibility in Council because the Prest. has
given up his Rights of Nomn. and they appoint by Ballot, and therefore are
not responsible.

784 Appendix.

There is scarce a King in Europe that has not some Check upon him in
the Appt. of Offices.

VII. Offices to Judges' Relations the same as to themselves.

There might be Improvements in the Institution of Juries ; particularly as
to the Mode of appointing them.

The House of Lords have an appellate Jurisdiction in Law and Fact.

Appellate Jurisdiction from Orphans' Courts.

In the Eastern States, Causes tried by Juries are removed on Appeal.

VIII. What Occasion for a Bill of Rights when only delegated Powers
are given ? One possessed of 1000 As conveys 250, is it necessary to reserve
the 750 ?

Kock. on Gov., p. 2, s. 141, 152.

IX. I shall not quarrel about Names.

X. An Aristocracy is the best Security against external Force.
Consequences of Accepting.

Strengthen the Governt. — Assistance from the People of all the States.

settle and perpetuate our Independence.

Encourage our Allies — and make new Treaties, break our Parties and
Divisions, invigorate Commerce, Shipbuilding.

The Clause of Amendment Art. 5.

This is the best System the World can now produce.

Mr. Findlay — The Principle of our Argument not stated — consolidating
Govt.— In Connection with this Principle were all our Arguments.

Mr. Smilie — Those who clap and laugh are not the People of Pennsyl-
vania. If the Gallery was filled with Bayonets, it would not intimidate me.

It is a great Misfortune that another State has been before us in the Sur-
render of their Liberties.

In Convention, nth Dec, 1787, A. and P. M.
Mr. Wilson —

In Convention, 12th Dec, 1787, A. M.

Mr. Findlay — Sovereignty — Vat., p. 9, 19.

Locke on Gov., p. 13. — There is but one Supreme Power, viz., the legisla-
tive ; but is accompanied with a Trust, and there is still an inherent Right and
Power in the People for self-preservation. But this inherent Power can
never be exercised till the Government be dissolved.

Confederation, p. 11, s. 10.

Mont., 6, 9, c I. Confederate Republic.

There should have been a Council of Advice to the Presdt. responsible to
their Conduct.

The Senate and Presdt. may make a Monarchy.

The Power of regulating Elections includes the Power of Elections.

It is not unreasonable to suppose that this System may be made better.

Mr. Smilie — The Case of the Active.

Are not the Persons to be entrusted with Power, Parties to this Govt?

British Liberties, p. 98, 99, 21.

Wilson^ s Notes. 785

In Convention, 12th Dec, 1787, P. M.

Mr. Smilie — Powers undefined are extremely favorable for the Encrease of
Power.

If this was an explicit Declaration that the People had a right to alter this
System, all Matters would be easy.

The Rights of Conscience are not secured. — Priestcraft useful to all tyran-
nical Govts. — Congress may establish any Religion.

Aristocracy is the Govt, of the few over the many.

The Govt, cannot be excluded — because the same Means must be em-
ployed for this Purpose as are necessary to execute a Despotism. — But Dis-
content and Opposition will arise in every Quarter : If executed at all it must
be by Force : The Framers of this Constitution must have seen that Force
would be necessary.

This will be the Case ; and if this be so, we have struggled and fought in
vain.

Since the Peace there has been a Set of Men from N. H. to Georgia who
could not bear to be on the same Footing with other Citizens. I cannot tell
how many of these were in the Convention.

Congress, by the Powers they have already, have contributed to throw
Things into Confusion to produce the present great Event.

A Change of Habits is necessary to relieve the present Distress of the Peo-
ple : The Adoption of the present System will not accomplish this.

If this Constitution is adopted, I look upon the I,iberties of America as
gone until they shall be recovered by Arms.

Mr. Hartley —

Dr. Rush-
Mr. Chambers —

Mr. Whitehill—

Mr. McKean —

50

REPLIES OF MIFFLIN AND MORRIS TO
CENTINEL.

[The attacks made on Robert ^Morris and Thomas Mifflin, by anon3-mous
writers in the " Freeman's Journal" and the "Independent Gazetteer," caused
no small excitement at the time, and were thought serious enough to be
answered. As these charges of fraud, undoubtedly false, were also made by
"Centinel," and are given in the body of this book, the editors think it no
more than common justice that the answers of Morris and Mifflin to the
charges referred to by "Centinel " should also be given.]

Mr. Oswald. In the "Freeman's Journal" of yesterday, among other
names of Public Defaulters, in the most licentious manner held out to the
public without any shadow of proof, we have the name of G — 1 M — n
(meaning no doubt the present worthy and public spirited Speaker of the
honorable House of Assembly of this State), in the words following, viz:
" G — 1 M — n, the quartermaster-general of the Continental army, is almost
the first of the list. I tremble to relate the prodigious sums that these wicked
Antifederalists suppose him indebted to the public.

"The sums supposed by the enemies of the new government, that three de-
linquents owe the public, would paj^ the taxes of our state for three years to
come, under a mild and equitable government. I have annexed them to
their names for your information :

Dollars.

Robert the Cofferer 400,000,

Billy in the big house 100,000,

G — 1 M — n, the quartermaster-general 400,000,

Total 900,000."
The following certificate from the Commissioners of the chamber of ac-
counts, will show that on the settlement of the accounts of General Mifflin
as quartermaster-general, there were only 3,203 continental dollars, equal in
value to al)Out forty-two dollars specie.

"Philadelphia, 23D October, 1781.

" We. the nndenvritteii late commissioners of the chamber of accounts, do certify, that
the accounts of Thomas Mifflin, esquire, late quartermaster general to the army of the
United States, were a long time since presented for settlement : that from the state of his
general account, there appeared to be a balance due to the United States in the year 1780,
of three thousand, two hundred and three continental dollars ; and that he informed us he
had an account to produce for expenses while in the department which was not included
in the aforesaid account. Had it been charged, it is probable, the balance would have
appeared in his favor.

" We likewise certify, that we have examined the said general account, and excepting a

few trifling errors, the whole of his charges appeared to have been for the public service in

(786)

Replies of Mifflin and Morris. 787

purchases for the use of his department, and pa3'ments made to his deputies ; and that the
said account, with the vouchers thereto, appeared as perfect and satisfactory as any accounts
that have hitherto come before us, but that the accounts of his deputies have not been
examined so as to ascertain the exact balance, or to judge on which side it may fall.

" William Govett,
"John D. Mercer.
" The original of the above, General Mifflin hath lodged with me, and I certify the same
to be a true copy. Joseph Nourse,

" lM.te Assistant A uditor-General."

On this licentious and rude attack of one of the first characters under the
American revokition, a friend of his wishes to state the following facts,
which can be authenticated from public documents, viz:

1. Since the date of the above certificate, General Mifflin has been twice
at New York to settle his accounts with Congress, but a general rule of that
body, not to settle with the principal of any department without a previous
settlement with all the deputies, has hitherto prevented the final adjust-
ment of his accounts.

2. Several of the deputies have lately settled their accounts, and some few
of them have declared that they are not in debt to Congress, and at present
not in circumstances to attend at New York for the purpose of final settle-
ment; but General Mifflin does not consider himself in any degree respon-
sible for any of his deputies, as scarce any of them were appointed by him-
self, or by his direction, or at his request; and they generally drew for their
own expenditures.

3. General Mifflin received his pay in a very depreciated state, and since
the adjustment of his accounts by the commissioners as above, he has been
obliged to pay several sums in specie, which he had not charged at all, or
only in continental money, and he has a very considerable balance now due
him by the continent.

4. To show the public sense of General Mifflin's services, let it be re-
membered that he was appointed quartermaster-general in August, 1775, re-
signed in May, 1776, and in September, 1776, a committee of Congress made
a request that the commander-in-chief would direct General Mifflin to re-
sume the quartermaster-general's department, which, like a true patriot, on
account of the difficulty of the times, he did without any rigid regard to his
own interest, and in Pennsylvania there is a cloud of evidence of the ex-
ertions he made for the public service in the moments of extremest danger.*

To the Printer 0/ the Independent Gazeteer, Philadelphia.

Richmond, 21st March, ij88.

Sir: From some of your Gazettes which have lately reached me, and par-
ticularly from one of the I3t]i instant, I find that I am charged as a public
defaulter to a very considerable amount. This assertion is made to support
a charge against the Federal constitution, which those writers say is calcu-
lated to screen defaulters from justice. Without pretending to inquire
whether the constitution be, in this respect, misunderstood or mis-
represented, I readily agree that if, on fair investigation, that fault shall
really appear, an amendment ought to be made.

*From the " Independent Gazetteer," March 6, 17S8.

788 Appendix.

I stand charged in a two-fold capacity: first, as a Chairman of Committees
of Congress, and secondly, as Superintendant of the Finances. But it so
happens that in neither of those capacities did I ever touch one shilling of
the public money.

At an early period of the revolution, I contracted with the committees to
import arms, ammunition, and clothing, and was employed to export Amer-
ican produce, and make remittances, on account of the United States, for
the purpose of lodging funds in Europe. To effect these objects I received
considerable sums of money. The business has been performed, but the
accounts are not yet settled. Among the various causes which have
hitherto delayed the settlement, I shall only mention here that I have not
yet been able to obtain the required vouchers for delivery of articles in dif-
ferent parts of America, nor the duplicates of some accounts, and other
needful papers, which were lost at sea during the war. It was my intention
to have gone in person to New York, where alone (since the removal of
Congress) this business can be finally adji:sted; but circumstances unex-
pected obliged me to come to this country. I therefore employed a gentle-
man to proceed on the settlement of those accounts, but during the investi-
gation, obstacles arose which he was not sufficiently acquainted with the
transactions to remove ; and as some of the deficient vouchers are to be ob-
tained in this state and South Carolina, he came on hither, and is now in
pursuit of them. I have indeed been less solicitous on this subject than
otherwise I should have been, from the conviction that there is a balance in
my favor, so that no charge could justly lie against my reputation. Nor
could my interest suffer by the delay; for the date of a certificate to be re-
ceived for the balance was immaterial.

As Superintendant of the Finances, I have no accounts to settle. As I
never received any of the public money, none of it can be in my hands. It
was received in, and paid from the public treasury on my warrants. The
party to whom it was paid was accountable; and the accounts were all in
the treasury office, open (during my administration) to the inspection of
every American citizen. The only point of responsibility, therefore, in
which I can possibly stand is for the propriety of issues to others by my au-
thority. It is true that I caused a statement of the receipts and expendi-
tures to be made and printed, but this was not, by any means, intended for
a settlement with Congress, but to be transmitted hy them (if they should
think proper) to the several states; for I have ever been of opinion that
the people ought to know how much of their money goes into the public
treasury, and for what purposes it is issued. Perhaps some persons may re-
member, that in conformity to this opinion, I caused the receipts (even
during the war) to be published (monthly) in the Gazettes ; and the ex-
penditures, as I have already mentioned, were open to public inspection.
This mode of conduct was reprehended by some, and perhaps justly. My
fellow-citizens will judge whether it looks like the concealment of a public
defaulter. As to the suggestion that the United States in Congress were in-
fluenced by me to neglect the duty of calling me to account, I shall not
attempt to refute it. Every man who feels for the dignity of America, must
revolt at such an insult to her representatives.

Replies of Mifflin and Morris. 789

Before I conclude, I think it necessary to apologize for having written
this letter, to all who may take the trouble of reading it. A newspaper is
certainly an improper place for stating and settling public accounts, especi-
ally those which are already before the proper tribunal. But I thought it in
some sort a duty to take notice of charges which, if not controverted, might
have influenced weak minds to oppose the constitution. This was at least
the ostensible reason for bringing me forward on the present occasion.
With what decency or propriety it has been done, I leave to the reflection of
the authors. Their exultation on my "losses and crosses" is characteristic.
To every pleasure which can arise from the gratification of such passions
they are heartily welcome; and the more so, as I hope and expect the en-
joyment will be of short duration. ROBERT Morris.*

*From the " Independent Gazetteer," April 8, 17S8.

INDKX.

Academy, Germau Lutheran Mem-
bers of Pa. State Convention at-
tend, 283.

Adams, John, mentioned, 174 ; views
of criticised, 568.

Address, and reasons of dissent of the
Minority of the Pa. Convention,
mentioned, 20 ; in full, 454 ; not cir-
culated, 666 ; to the Minority of
the State Convention by citizens
of Carlisle, 496, 498 ; to the Minor-
ity of the State Convention by the
Union Society of Carlisle, 497 ; to
the Minority of the Convention,
examined, 532.

Address of the Low Born, 173-175.

Address to the Legislature of Pa.,
condemning the Constitution and
the deputies from Pa., circulated,
668.

Agnew, John, of Carlisle, 488 ; issues
warrants for arrest of rioters, 491 ;
depositions taken before, 492 ; com-
mits prisoners, 493.

Allison, John, mentioned, 79; Member
of Pa. Convention, sketch of, 712.

Amendments, offered by the Anti-
federalists in Convention, 421-424,
442-445 ; proposed by the Minority
of Pa. Convention, 46 1 ; the same the
basis of Madison's amendments,
19 ; to the Constitution proposed
by Plarrisburg Conference, 562.

Answer, to Address of Minority of
the Assembly by six Members, 5,
79 ; entitled "A mock protest," 83 ;
by "Duello," 84; by Independent
Citizen, 85 ; by Pelatiah Webster,
89 ; by "A Citizen of Pennsyl-
vania," 106 ; by One of Four Thou-
sand, 114, 119.

Antis, Frederick, defeated, 6 ; refuses
to obey the summons of the As-
sembly, 68.

Antifederal, Addresses from Carlisle,
495> 497. 498 ; Address from Frank-
lin county to the Assembly, 501 ;
lies, 527 ; riot at Carlisle, 488 et seq.

Antifederal Writings, Anonymous,

etc., etc.

Address of the Sixteen Seceding
Members of the Assembly, 73.

Fair Play, 133-4, 139-40.

Democratic Federalist, 150-7.

The Couching Needle, 157.

Morsus, 163.

American Mechanic, 164.

John Humble, 173-5.

Officer in the late Continental
Army, 179-87.

One of the Dissenting Assembly-
men, 196-203.

Petition to the Assembly to Amend
the Constitution, 432.

Cato's Soliloquy Parodied, 440.

Report of Committee of Citizens,
441.

Many Customers, 442-6.

Columbus, 445-7-

One of the People, 452-3.

Federalist, 453.

Address and Reasons of the Dis-
sent of the Minority of the Pa.
Convention, 454.

Uncle Toby, 403.

A Unitarian, 504.

Queries to Pennsylvanians, 505.

Answer to Advertisement, 507.

Squib, 507.

Argus, 508.

Maxims, 508.

Gouvero, 517.

Tom Peep, 517-18.

Peep Junior, 518-19.

An Old American, 525-6.

Verses on the Constitution, 529.

A Farmer, 531 ct seq.

A new Federal Song, 547.

Federalists' Political Creed, 547.

Letters of " Centinel," 565 et seq.

Anonymous, 140-1, 142, 160.
Antifederalism in the Western coun-
ties, 23.
Antifederalists, conduct of in Pa.,

114, 136, 138, 157, 161-162 ; Objec-
tions to the Constitution briefly

(791)

792

Index.

stated, 7 ; imposed Test Laws, 85 ;
location of in Penna., 668.

"Argus," 508.

Aristocracy, fears from, 496, 508, 548 ;
the tendency of the Constitution
towards, 575 ; prompt secret ses-
sions of the Convention, 577 ; in
vSweden, 584 ; work of, 594.

Aristocrats, 517.

Armand, Gen., conduct in 17S8 re-
ferred to, 682.

Army, Standing, dangers of, 78, loi,
155, 156, 409, 462, 480, 481, 502,
5091 57O1 5S5 ; to be kept up by two
thirds vote of Congress, 563; Wilson
on, 145, 146 ; Democratic Federal-
ist on, 154, 156, 191.

Arndt, John, member of the Pa. Con-
vention, sketch of, 713.

Ashmead, Samuel, member of the Pa.
Convention, sketch of, 714.

Assemblies, annual necessarj', 325.

Assembly of Pennsylvania, proceed-
ing in regard to calling a Conven-
tion, 3, 27 ; minority prepare an
address, 5 ; address of minority,
75 {see also Answer to Address) ;
members absent themselves to pre-
vent a quorum, 60 ; absentees sum-
moned to attend, 61 ; resolutions
of Congress presented to, 63 ; calls
a Convention, 72, 458 ; Minority
of abused, 136, 138; defended, 139,
140, 200, 201, 202 ; complaints iu,
concerning a riot, 204-210 ; speech
of M'lvean regarding, 204, 205, 208 ;
of Mr. Findley, 205, 209, 210; of
Mr. Kennedy, 207 ; of Mr. Fitzsim-
ons, 209 ; of Mr. Peters, 208 ; of
Mr. Lewis, 208, 209.

"Assemblyman," remark of a Dissent-
ing, 196-203.

Bail, excessive, not to be required,
461.

Baird, John, mobbed at Boyd's house,
13 ; member of the Pa. Convention,
sketch of, 714.

Baker, Hilary, member of the Pa.
Convention, sketch of, 715.

Baldwin, Abraham, 12, 526, 528.

Balliet, Stephen, member of the Pa.
Convention, sketch of, 715.

Bank, The, influence used by the
Federalists, 677.

Barclay, John, member of the Pa.
Convention, sketch of, 716.

Bard, Richard, member of the Pa.
Convention, sketch of, 717.

Barr, James, refuses to obey the

summons of the Assembl}', 68 ;
mentioned, 79.

Bedford county, Antifederalists in,
669.

Berks county, Antifederalists in, 669.

Bill of Rights, Wilson, thinks there
is no need of, 9 ; question discussed,
19, 78, loi, 112, 143, 144; on omis-
sion of, from federal Constitution,
251, 252 ; states that had none, 253,
254, 261, 263 ; omission of, 286, 291,
295, 296, 313, 314, 368, 377, 426,
.471, 509, 575-577, 5S0.

Bills of Credit, states not to issue,

349-

Bingham, William, sends word from
Congress to Phila. regarding the
Constitution, 3, 4, 63.

Biographical Sketches, of members
of Federal Convention, 699 ; of
Pennsylvania Convention, 712.

Bishop, John, member of the Pa.
Convention, sketch of, 718.

Black, John, member of the Pa. Con-
vention, sketch of, 718.

Blyth, Benjamin, 553.

Boyd, Major Alexander, Assembly-
men lodge at house of, 3, 4 ; house
of, attacked, 13, 67, 204.

Boyd, John, member of the Pa. Con-
vention, sketch of, 719.

Brackenridge, Hugh H., favors the
calling of a Convention, 34, 36, 40,
57 ; on compelling members of As-
sembly to attend, 66 ; motion of,

71- .
Breading, Nathaniel, member of the

Pa. Convention, sketch of, 720.
"Bricklayer, A," 527.
Brown, William, member of the Pa.

Convention, sketch of, 721.
Bryan, George, letters of " Centinel "

attributed to, 6.
Bryan, Samuel, author of letters of

" Centinel," 6.
Bucks county, Citizens of, to send

delegates to Harrisburg Conference,

553 ; proceedings at meeting of,

555-
Bull, Thomas, member of the Pa.

Convention, sketch of, 722.

"Bystander, A," 504.
Campbell, Thomas, member of the

Pa. Convention, sketch of, 723.
"Candid," Essay by, 435-440.
Carlisle, Accounts of the Riot at, 23,

486 et scq.\ prisoners liberated from

the gaol at, 492, 493 ; discharged,

494; Dauphin county Committee

X

Index.

793

at, 494; Address from the anti-
federalists of, 495, 497, 498 ; federal-
ists at, 628.
Cato's Soliloquy, parodied, 440.
"Centinel," Letters by, 566 ci scq.\
authorship of, 6, 669 ; replied to,
157-160, 165-173,524; statement re-
garding suppression of debates,
note, 212; advertisement regard-
ing, 506 ; lies of, 527 ; lamentations
of, on the adoption of the Constitu-
tion, 615 ; conceals his name, 669 ;
regrets the adoption of the Consti-
tution, 670 ; his answer to LucuUus,
683 ; author of One of the People,
692; reply of Mifiiin and Morris to
charges of, 786.

Chambers, Stephen, mentioned, 362,
363, 420, 425, 426 ; member of the
Pa. Convention, sketch of, 723 ;
Wilson's notes on remarks of, 770,
776.

Chancery Court, none in Pa., 183.

Cheyney, Thomas, member of the Pa.
Convention, sketch of, 724.

Citizen, An American, 163-4.

Citizen of Pennsylvania, answer to
Address of the Minority of the As-
sembly, 106.

City, The Federal, offers of a site for,
429, 430.

Civil Rights, not secure, 251.

Clark, Robert, summoned to attend
the Assembl}', 68 ; mentioned, 79.

Clymer, Daniel, favors the calling of
a Convention, 27, 29, 31, 32, 34;
mentioned, 30, 32, 36, 48, 60 ; on
Members of (Assembly refusing to
attend, 68, 69, 70 ; takes part in de-
bate, 61, 62, 72; mentioned, 82.

Clymer, George, moves the calling
of a Convention in Pa. to consider
the Constitution, 3, 27, 32, 34 ;
favors the calling of a Convention,
48 ; presents resolutions of Congress
to Assembly, 63 ; on Members
absenting themselves from the As-
sembly, 70 ; motion of, 72 ; men-
tioned, 82, 518 ; biographical sketch
of, 704.

Colden, Gov. Cadwalader, 584.

Coleman, Robert, member of the Pa.
Convention, sketch of, 724.

College of Philadelphia, property
confiscated, 688.

"Columbus," Essay by, 445-447.

Commerce gave birth to the federal
Constitution, 605.

"Compact," 381.

" Conciliator," by James Wilson, 643.

Conclave, Dark or Secret, 314, 457.

Confederacies, United States, made
into two or more, 225, 226.

Confederacy, the new Government
will not be a, 466.

Confederation, weakness of, 455 ;
remarks on articles of, Sec. II.,
150; to be amended, 456, 559; in-
adequate, 601, 607.

Congress, submits the Constitution to
the States, 2, 3, 591, 596; the ap-
proval of, should be obtained be-
fore action by the States, 35 et seq,
86, 95 ; resolutions of, to the States,
64; powers of, 169, 171, 172, 181-3,
187, 18S, 189, 192 ; same discussed,
313-48, 284-86 ; powers of, too
large, 367, 371, 372, 373, 374, 375,
408, 409, 410, 443 ; powers of ex-
amined by "Centinel," 570, 581;
power of, to borrow money, 539 ;
representation in, 132, 192 ; rota-
tion in, 182, 193.

Connecticut, "Centinel" breaks into,
506.

Conscience, rights of not secure,
315, 502, 461, 480.

Consolidated Government, 535 ; de-
fined by Smilie, 390; Findlay,
389-90; Wilson on, 390-1.

"Consolidation," 256-257, 258, 262,
263-266, 267-271, 272, 284-2S7,
296-297, 300, 301, 301-303, 315,
319-320, 321, 322, 350, 377, 389, 390;
tendency of the Constitution to,
465, 470.

" Constant Reader, A," 506.

Constitution, The Federal, first pub-
lished, i; attacked, 1; presented to
Congress,!; opposed in Congress, i,
2; submitted to the States by Con-
gress, 2; opposition to in western
counties of Pa. ,11; proposes greater
changes than were anticipated, 77,
92, 94, 595; expense of supporting
it to be considered, 77, 95 ; if opposed
to that of Pa. to be opposed, 114;
objection to Art. I., Sec. 2, 132; to
Art. III., Sec. 2, 133; compared with
State Constitutions, 134, 135; bene-
fits expected from, 137; "Blessings
of," 141; difference between Federal
and State Constitutions, 143-144;
Wilson's defence of, 143-150; answer
to Wilson's defense, 150-157; a Turk
on, 159; favored byforeign ministers,
163-164; a Federalist on, 157-159,
165-173 ; called for in German, 173;

794

Index.

Homespun on, 176-179; objections'
to stated, 179-187; reply by "Plain j
Truth," 1S7-195; described by Wil- 1
sou, 231; preamble discussed, 249;
no bill of rights, 143-144; 251-253;
286, 291, 259-296, 313-314; objec-
tions to, 16, 19, 313-333; objections
to the three branches of govern-
ment, 78, 95 ; merits of, 340-349;
thi-ee powers of, kept separate,
341-342 ; ratified by Pa., 20, 427-
431; petition in support of, 432-
435; "Candid" on, 435-440; report
of committee offering amendments,
442-445 ; criticism of report by
"Columbus," 445-447; adoption a
violation of that of Pa., 458; su-
premacy of the laws of, 467; to be
opposed in other States, 499 ; not
approved by Congress, 502 ; ratified
by ten States, 551, 552; amendments
to needed, 559, 560, 561; same pro-
posed by Harrisburg Conference,
562; is it calculated to promote fu-
ture welfare ? 566; undue haste in
considering it, 596; rejection of it
should be celebrated, 610.
Constitution of Pa., importance of
threatened, 78, 83, 89, 114; oppo-
nents to delegates to Federal Con-
vention, 73, 94, 99, 114, 627; proba-
ble effect of the Federal Constitu-
tion on, 117; violated by the Anti-
federalists, 136 ; Centinel on, 166,
167; disproved by F'ederalists, 186;
remarks on, 197; different kinds of
negatives in, 197, 198, 199, 200; dis-
cussion on, 243; Wilson, on the Ex-
ecutive department, 391 ; the Judicial
department, 402 ; liberties secured
by, 565; provisions for altering, 596;
excellence of, 626; attacked by Fed-
eralists, 643.
Constitutional Council suggested, 463.
" Contract," the Constitution, a 383.
Convention, Federal, not unanimous,
1S5-186; Wilson's speech on the
work of, 218-231; exceeded its pow-
ers, 257, 258, 331-333, 502; delegates
to, chosen without consulting the
people, 456 ; Pennsylvania mem-
bers all from Philadelphia, 73, 86,
108, 1 15,456; the same opposed to the
Constitution of Pa., no, 457, 627;
the same to serve without pay, 456;
complaints of the suppression of
the Journal, 185 ; called a secret
conclave, 314, 457 ; Anti-federal
view of, 457.

Convention, new one to be called,

505, 552, 608.
Convention of Pennsylvania, called
to consider the Federal Constitu-
tion, election of members to, 12;
religion of its members, 13; their
services, 14 ; vote of, on several
questions, 16; the debate on
calling, 29 ; favored by, F'itzsim-
ons, 39, 55 ; Breckinridge, 40, 57 ;
Clymer, 48; Robinson, 50; calling
of opposed by Findley, 43, 55, 59;
Whitehill, 59 ; resolution for call-
ing by the Assembh-, 27, 72; the
same hurried through the house,
74; delegates to, 115; riot after the
election of, 204-211; members of,
212-213; convention meets, 211;
report of debates, 212 note; Presi-
dent chosen, 213, 214; attend the
commencement of the University,
214; rules of, 215, 216; business
opened by McKean, 217 ; speech of
Wilson on federal convention,
218-231 ; Smilie replies to McKean,
231, 232 ; McKean explains his
motion, 232, 233 ; McKean proposes
to consider Constitution by articles,
234 ; debate on, 234-237 ; journal to
be printed in English and German,
238 ; Whitehill moves to allow
members to enter reasons of vote
on minutes, 238 ; debate on, 238-
242 ; amended and debated, 242-
248 ; preamble taken up, 249 ;
Smilie on the preamble, 249, 250 ;
McKean on Bill of Rights, 251,
252 ; Wilson on, 252-254 ; Smilie
on, 254, 255; Whitehill on " con-
solidation," 256-259; powers of
Congress, 259-263 ; Wilson on State
Rights, 263-266 ; Smilie on, 267-
271 ; McKean on, 271-281 ; White-
hill on State Sovereignty, 284-287 ;
Wilson on House of Representa-
tives, 287-289 ; Hartley defends
the Constitution, 2S9-294 ; Yeates'
speech, 295-299; Findlay on consol-
idation, 300, 301 ; Wilson's reply,
301-310; Llo3'd's report of Wilson's
speech, 311-349; Vice-President dis-
cussed, 350, 351; judiciary discussed
by Wilson, 351-359; trial by jury,
359-361 ; quarrel in, 361-363 ; Mc-
Kean on objections to, 366-379;
Wilson on Constitution, 380-418 ;
petitions from Cumberland, 420 ;
amendments offered, 421-424; re-
iected, 424, 425; ratification of Con-

Index.

795

stitution by, 20, 425-427 ; offers a
site for the federal city, 430, 431 ;
minority denounced, 449, 450; ad-
journs, 428-431; after it rose, 454;
conditions under which it was
called, 459, 460 ; mode of consider-
ing the Constitution in, 460 ; minor-
ity of insulted, 464 ; address and
reasons of dissent of the minority,
454 ; same mentioned, 20 ; (For
Answers see Address ;) vote on rati-
fication, 4S2 ; vote for, 504 ; view of
the objections of the minority of,
522 ; irregular, 545 ; some delegates
pledged to adopt the Constitution,
460, 597.

Convention of Virginia called, 456.

Council, Supreme Executive, of Pa.,
petition to, from citizens of Cumber-
land regarding rioters, 495.

Court of Chancery, none in Pa., 183.

Courts, Federal, are they necessary ?
78, 102.

Court, Supreme, jurisdiction of 2,
354-359 ; no other to be established
by Congress except admiralty, 564.

Crawford, John, chosen delegate to
Harrisburg conference, 557.

Cumberland county, petition from,
420; movement in favor of new
Convention, 552 ; Antifederalists in,
668.

Dale, Samuel, defeated, 6 ; refuses to
obey the summons of the Assembly,
68 ; mentioned, 79.

Dallas, Alexander James, reports de-
bates, 15 ; reports suppressed, 15,
212, note ; reports debates for
"Herald," 212, note, 213, note.

Dane, Nathan, opposes the Constitu-
tion, I.

Dauphin county, committee from,
meet new federalists at Carlisle,
494 ; Antifederalists in, 669.

Debate in Pennsylvania Assemblj' on
calling a Convention, 6, 27 ; note
on, in State Convention, 212, 213,
note; Wilson's speech, 218-231;
Smilie's speech, 231, 232.

Debt, Domestic, diminished by sale
of western lands, 455.

Delegates to the federal Convention,
chosen without consulting the peo-
ple, 456 ; powers of limited, 456 ;
from Pa. to receive no pay, 456 ; how
chosen, 456 ; biographical sketches,
699 ; to the Pennsylvania Conven-
tion, biographical sketches of, 712.

" Democratic federalist, " essay of, 11 ;

replies to Wilson's speech, 150-157.

"Dentatus," 162.

Deshler, David, member of the Pa.
Convention, sketch of, 725.

Despotism, defined, 282.

Dickinson, John, address of the
Annapolis Convention signed by,
107 ; Farmer's letters by, quoted,
578, 581.

Dissent of Minority of Pa. Conven-
tion, reasons of, 464.

District ten miles square, regulation
of the government of, 563.

Downing, Richard, member of the
Pa. Convention, sketch of, 726.

"E. G. O." on the Convention, 450,

451-

Easton, Pa., Constitution approved
of, at, 22.

Edgar, James, member of the Pa.
Convention, sketch of, 726.

Edwards, Enoch, member of Pa. Con-
vention, sketch of, 726.

Election of 1787 in Pa., 6; of mem-
bers to State Convention, 12; of
delegates to Pa. Convention, vote
cast for, 460 ; of members of the
new Congress, advice of " Centinel, ' '
672 ; of Congressmen in 1787, 684.

Elections, power of Congress to regu
late, 259, 266, 272, 273, 367, 397;
of Senators and Reps, not often
enough, 366, 36S, 369 ; to be regu-
lated by the States, 462 ; objection
to authority given Congress regard-
ing time and place of, 468 ; should
be frequent, 502 ; time and place of,
not to be changed by Congress,
512, 613 ; "Centinel" on, 572.

Elliot, Jonathan, report of Pa. de-
bates imperfect, 212, note, 213, note.

Elliott, Benjamin, member of the Pa.
Convention, sketch of, 727.

Empire, one consolidated, 225.

Epple's tavern, 454; dinner at, 517,518.

Erwin, Rev. Nathaniel, chosen dele-
gate to Harrisburg Conference, 557.

Extent of territory too great for our
Government, 464, 470, 572, 600,
609.

Executive Power of the Constitution,
342, 367, 375, 391, 398-400; ex-
amined by "Centinel," 573; in
Penn., 391 ; in Georgia, S. Carolina,
N. Jersey and N. Carolina, 392 ; in
S. Carolina, 392.

Fair Play, 133, 134 reply to, 137,
138; answers "Tar and Feathers,"
139, 140.

796

Index.

" Farmer," essay of, 531 et seq.
Farmer, a Pennsj'lvania, 127-129.
Farmers and Mechanics driven to

Kentucky, 688.
Fayette county, Antifederalists in,

669.
Federal Writings, Anonymous, etc.

Address of six members of the As-
sembly in reply to the sixteen
seceding members, 79.

A Mock Protest of the Minority, S3.

Duetto, 84.

Independent Citizen, 85.

A Citizen of Pennsylvania, 106 et seq.

One of four thousand, 114-119.

Tar and Feathers, 126-7, 129-30,
137-8.

Pennsylvania Farmer, 127-9.

Nestor, 130-3.

A Mechanic, 135-7.

A Federalist, 159, 164-73.

United States, 160.

A Pennsylvania Mechanic, 175-6.

Homespun, 176-9.

Plain Truth in answer to an Officer,
etc., 187-95.

Candid, 435-40.

Puff, 448-9.

True Whig, 449-50.

Freeholder, 450.

E. G. O., 450-1.

Bystander, 504.

"A Bystander," 503-4.

Advertisement regarding "Ceuti-
nel," 506.

New Roof, 512.

"A Freeman," 519-20.

" Undeniable Facts," 520-21.

"Philanthropis," 522-4.

"Real patriot," 524-5.

"A Bricklayer," 527.

"Gomes," 527-S.

Anonymous, 120, 124, 134, 159,
1 60-1.
Federalist, A, essay of, 9 ; on the

majority of the Convention, 453 ;

replies to "Centiuel," 157-159,

165-173-
' ' Federalist, The, ' ' criticised by ' ' Cen-

tinel," 635.
Federalist's Political Creed, 547.
Federalists, at Carlisle celebrate the

ratification of the Constitution,

491 ; dine together at Carlisle, 491 ;

Phila., 505.
Few, William, 12, 526, 528.
Findley, William, chosen to lead the

debate for the Antifederalists, 16;

arguments of, iS ; thinks amend-

ments necessary, 19 ; opposes the
calling of a Convention, 30 ; mobbed
at Boyd's house, 13 ; speech of,
opposing calling Convention, 43,54,
55, 59 ; evades the Sergeant at arms,
68 ; offered a seat in the Federal
Convention, 115; remark on, 115;
speech in Assembly, 205, 209, 210;
member of Pa. Convention, 213;
speech of, 235; on consolidation,
300, 301; mentioned, 310, 350, 359-
364; on jury trial in Sweden, 364;
on consolidation government, 389,
418, 419, 450; answer to, 503; his
speech in Convention not preserved,
640 ; member of the Pa. Convention,
sketch of, 727; mentioned, 79-81;
Wilson's notes of remarks his, 769-
75. 778-80, 782-4.

Fitzsimons, Thomas, favors the call-
ing of a Convention, 28, 33; speech
I of, urging the calling of a Conven-
tion, 39, 53; on compelling mem-
bers to attend the Assembly, 65,
67, 69, 71; mentioned, 82; speech in
Assembly, 209; biographical sketch
of, 706.

Flenniken, John, mentioned, 79.

Ford, Paul Leicester, quoted, 6, 15.

France, political condition in 1788,

679-

Franklin, Benj., elected a member of
the Convention, 13; issues a procla-
mation for the arrest of rioters, 13;
the influence of his name con-
sidered, 38, no. III, 117; men-
tioned, 83; eulogy of, 117; fool from
age, 159, 160; remarks on, 186;
proclamation of, 210, 211; "Centi-
nel's " remarks regarding, 567;
charged with having deficiency in
his accounts, 696; biographical
sketch of, 699.

Franklin county, Antifederalists in,
492, 668 ; address from, to the As-
sembly, 501.

Free Government, the powers of,
410-12.

"Freeholder, A," on cost of Conven-
tion, 450.

"Freeman, A," 519-20.

"Galen," (Dr. B. Rush,) federalist
writer referred to, 675, 677, 682, 683.

Gallatin, Albert, resolutions of, at
Harrisburg Conference, 557.

Gaul, A, 142, 163.

Gerry, Elbridge, objections of, 521-2.

Gibbons, William, member of the Pa.
Convention, sketch of, 729.

Inde.^

797

Gilchrist, John, mentioned, 79.

" Gomes," 527-8.

" Gonvero," 517.

Government, Wilson's speech on,
185-6; America mny have t-ither of
three kinds, 225; discussed, 225,
226; "Centinel" on, 569.

Graff, Sebastian, member of the Pa.
Convention, sketch of, 730.

Gray, George, member of the Pa.
Convention, sketch of, 730.

Grayson, William, denounced the
Constitution in Congress, i.

Great Names, influence of, 11, 12,
hi; abuse of, 185-6, 525, 567, 578,
606, 624, 633.

Greenleaf, Mr., papers not carried,
629, 637, 654.

Grier, David, member of the Pa. Con-
vention, sketch of, 731.

Habeas Corpus secured by the Con-
stitution, 5S9.

Hanna, James, 554.

Hanna, John Andre, Secretary of
Harrisburg Conference, 557; mem-
ber of the Pa. Convention, sketch

of,73i-
Hannum, John, member of the Pa.

Convention, sketch of, 732.
Harris, John, 428; member of the Pa.

Convention, sketch of, 733.
Harrisburg Conference, called, 26, 552

et scq.; meeting of, 557; Gallatin's

resolutions at, 557; proceedings,558;

members of, 558 ; resolutions of,

560 ; petition of, to Assembly, 560 ;

amendments proposed by, 562.
Hartley, Thomas, speech of, 238, 239,

246 ; defends the Constitution, 289-

294 ; mentioned, 428, 503 ; member

of the Pa. Convention, sketch of, 733;

Wilson's notes of remarks of, 768.
" Herald, The Pennsylvania," Report

of debates in, 115, 212, note, 213,

note, 524, 640, 641, 664.
Hiester, Joseph, member of the Pa.

Convention, sketch of, 734.
Hiltzheimer, Jacob, mentioned, 82.
Hockley, , presents a petition

from Montgomery Co. for a Con-
vention, 65.
Hoge, Jonathan, member of the Pa.

Convention, sketch of, 735.
"Homespun," remarks of, 176-179.
Hopkinson, Francis, New Roof by,

510 ; nick-named the little Fiddler,

663.
Horsfield, Joseph, member of the Pa.

Convention, sketch of, 735.

House of Representatives, Wilson on,
287-89; to be increased, 462; opinion
of "Centinel " on, 574.

Hubley, John, member of the Pa.
Convention, sketch of, 736.

Hunn, John, member of the Pa. Con-
vention, sketch of, 736.

Huntingdon county, Antifederalists
in, 669.

Impeachment, objections to use of,
by Senate, 476.

Impost, requisition of Congress for,
in 1 78 1, 455.

"Independent Citizen," in reply to
Minority of Pa. Assembly, 85.

Ingersoll, Jared, 1 10 ; biographical
sketch of, 707.

Ir\nne, William, defeated for Conven-
tion, 12.

Island Money, i.ssue of, in 1781, the
work of speculators, 686.

Journal of the Federal Convention
suppressed, 185 ; of State Conven-
tion to be printed in English and
German, 23S ; debates on entering
reasons of yea and nay votes on,
238-242 ; amended and debated,
242-248.

Judicial Powers, 330, 331, 342, 343,
354-359. 368-375, 376, 444, 463, 469,
^73, 571, 575, 581.

Judiciary, defended by Wilson, 351-

359-

Jury, trial by, 10, 78, loi, 133 ; argu-
ment of Wilson on, 144, 145 ; Dem-
ocratic Federalist on, 152-4 ; re-
marks on, 180, 189-190 ; in civil
cases, 352 ; practice of the State,
353 ; debate in Convention, 359-
361, 364, 403-406; to remain as be-
fore in certain cases, 461 ; secured
only in criminal cases, 473, 475 ; in
civil cases should be secured, 502,
509, 549 ; endangered by the Con-
stitution, 565, 575. 581, 583, 589.

Kennedy, , speech in Assem-

bl}% 207.

Lafayette, conduct of, in 1788 referred
to, 682.

Lamb, Col. John, 507.

Lancaster, Pa., constitution approved
22 ; meeting at to nominate repre-
sentatives, 678.

Landed Interests of Pa., not repre-
sented in the Federal Convention,
73, 80, 81, 93, 115.

Latimer, George, member of the Pa.
Convention, sketch of, 737.

Lee, Richard Henry, thinks the con-

798

Index.

stitution too strong, i ; proposes
alterations in, 2.

Leeper, Charles, sheriff of Cumber-
land Co., discharges prisoners, 494.

Legislative powers of the constitution
examined by "Centinel," 573, 5S7.

Lewis, William, speech in Assembly,
208-209.

Liberty, definition of civil, by Wil-
son, 227.

Lies, Anti-Federal, 527.

Lincoln, Abraham, 235, 236; mem-
bers of the Pa. Convention, sketch
of, 737-

Lloyd, Thomas, notice of, 14; his vol.
of Debates, 14 ; bought up by the
Federalists, 15 ; mentioned, 27 ; re-
ports debates, 212 note; applies for
clerkship, 215; version of Wilson's
speech, 217 note ; report of a speech
by Wilson, 311, 349, 508.

Logan, George, approves of the con-
stitution, 68.

Lotz, Nicholas, see Lutz.

Low-born, humble address of, 173-175.

Lowery, Alexander, on compelling
members to attend the Assembly,
62, 65.

"Lucullus," (B. Rush) Answered by
"Centinel," 6S3 ct scq.

Ludwig, John, member of the Pa.
Convention, sketch of, 738.

Lutz, Nicholas, member of the Pa.
Convention, sketch of, 739.

Macpherson, William, mentioned,
363; member of the Pa. Convention,
sketch of, 740.

Madison's Amendments, similar to
those proposed by minoritj^ of Pa.
Convention, 19.

Marshel, James, member of the Pa.
Convention, sketch of, 741.

Martin, James, member of the Pa.
Convention, sketch of, 742.

Martin, Luther, his pamphlet men-
tioned, 633, 63S ; quoted, 646 ct
seq.

Mason, George, disapproves of the
Constitution, 78, 84, 521, 522.

Massachusetts, haste in calling a Con-
vention, 639 ; adoption of the Con-
stitution by, 656.

Maxims, 50S.

M'Calmont, James, compelled to at-
tend the Assembly, 4, 64, 65, 75 ;
offers to pay fine, 4, 67 ; summoned,
67 ; remarks of, 69 ; attempts to
leave the house, 70 ; is compelled to
remain, 71 ; thinks the Convention

called too early, 71; mentioned, 79;
insult to, 13, 206, 210, 211.

IMcClenachan, Blair, Chairman of
Harrisburg Conference, 557.

McDowell, John, summoned to at-
tend the Assembly, 68 ; mentioned,

79-

McKean, Thomas, 14 ; moves the
adoption of the Constitution in the
Convention, 16; member of Con-
vention, 212; nominated for Presi-
dent of, 213 ; motion by, 216; opens
business of Convention, 217 and
note; answered by Smilie, 231-232 ;
explains his motion, 232 ; motion
by to consider the Constitution by
articles, 234 ; debate on, 234-237 ;
speech on entering reasons of yea
and nay vote on minutes, 238, 241-
242, 243, 248; on bill of rights, 251-
252 ; on powers of Congress, 271-
281, 282; Cited, 299, 360; replies
to tainits of Anti-P'ederalists, 361-
362, 364, 365, 366; on the objections
to the Constitution, 366-379 ; Crit-
icised, 447-448 ; burned in effigy
at Carlisle, 23, 490 ; celebrates the
ratification of the Constitution,
504; member of the Pa. Convention,
sketch of, 739; Wilson's notes of his
remarks, 765-766, 768-769, 783.

McLean, James, mobbed at Boyd's
house, 13 ; speech in Assembly,
204-205, 208.

Meade, Robert, 706.

Mechanic, 136-137.

Mechanic, a Pennsylvania, 175-176.

Mifilin, Thomas, (nicknamed Tommy
the 0. M. Gen,") 12 ; reflections on,
662 ; biographical sketch of, 701;
reply of to charge, of "Centinel"
and others, 7cS6.

" Migration or importation," 312-313.

Miles, Col. Samuel, 676.

Miley, Jacob, compelled to attend the
Assembly, 4, 64, 75 ; summoned,
67 ; mentioned, 79.

Militia, powers of the States and U.
S. over, 463, 480, 563, 598.

Miller, Jr. Robert, attacked at Car-
lisle, 489.

Minority of Pa. Convention, names of,
482 ; thanked, 498 ; address and
reasons of dissent of the minority
of Pa. Convention, and answers — see
Convention of Pa., also Address.

Mitchell, David, refuses to obey the
summons of the Assembly, 68 ;
mentioned, 79.

Index.

799

Money, raised for Federal essays,
519 ; see Island Money.

Montesquieu, quoted, 345, 469, 476,
57°! 577. 59S, 609, 61Q, 618, 680.

Montgomery Co. favors a Conven-
tion, 65.

Morris, Gouverneur, extract from a
letter of, giving reasons for the op-
position to the Constitution, 11 ;
mentioned, 12; nicknamed Gouvero
the Cunning Man, 12, 505, 631 ;
biographical sketch of, 709.

Morris, James, member of the Pa.
Convention, sketch of, 742.

Morris, Jonathan, member of Assem-
bly from Chester county, 675.

Morris, Robert, mentioned 11, 12;
nicknamed Bobby the Cofferer, 12,
631 ; reflections on, 12, 658, 661,
689; charged by " Ceutinel " with
speculations, 686, 690, 691 ei seq.
696 ; his defence quoted, 696 ; bio-
graphical sketch of, 703 ; reply of
to " Ceutinel " and others, 787.

" Morsus," 163.

Muhlenberg, Frederick A., President
of the Pa. Convention, 213; sketch
of, 743-

Nation, the U. S. to become a, 414.

Neckar, quoted, 346, 348-349.

'•Needle, the Couching," 157.

"Nestor," 130-133.

Neville, John, member of the Pa.
Convention, sketch of, 744.

New Federal Song, 457.

"New Roof, The" by Francis Hop-
kinson, 510.

New York, request of the State of, for
a new Convention, 557.

Newspapers held back by Federalists,
15 ; Federalists try to suppress op-
position papers, 15.

Northampton county, citizens of, ap-
prove of the ratification, 483-4 ;
addi-ess of delegates of, 484 ; Fed-
eralists of, 62S.

Objections to Constitution, 179-182;
remarks on Art. i, Sec. 2, 132, 187;
Art. I, Sec. 3, 192, 193; Art. i. Sec.
4, 194, 443; Art. I, Sec. 5, 191, 194,
269, 443; Art. I, Sec. 9, 194; Art. 2,
Sec. 2. 191, 193; Art. 3, Sec. 2, 133,
151, 188, 190, 444; Art. 4, Sec. 4, 1S9,
297; Art. 4, Sec. 7, 192; Art. 5, 195;
Art. 6, Sec. 2, 444; Wilson on, 313-
333; M'Kean on, 366-379; no bill
of rights, 471; representatives too
few, 471; judicial powers too great,
473 ; j^ry trial secured only in

criminal cases, 473; powers not well
defined, 475; to power of Senate
over appointments to office, 476, to
the power of the President and
Senate in regard to treaties, 476,
477; taxation, 477; stauding armj-,
480; Congress has too much power
over the militia, 480, 481; rights of
conscience may be violated, 4S0;
powers granted too great, 502; of
the minority of the Pa. Convention,
464; to the Constitution of U. S.
from Franklin Co., 502; of Mason,
Randolph and Gerry, 521: to the
Constitution stated by "Centinel,"
5S9-606.

Objections to the manner in which
the Federal and Pa. Conventions
were called, 459.

"Officer of the late Continental
Army," remarks on the Constitu-
tion, 180-1S7; reply to, 187-195.

" Old American, An," 526.

"One of the Four Thousand, ' ' 1 14-1 19.

"One of the People," 452-3; account
of the riot at Carlisle by, 486-488;
by "Centinel," 629.

Opponents of the Constitution, their
schemes, etc., 87, 88, 114.

Opposition to Constitution in Pa.,
reasons of, 21; met with abuse, 6S9.

Orth, Adam, member of the Pa. Con-
vention, sketch of, 745.

Oswald, Eleazer, publishes Independ-
ent Gazetteer, 6; one of the sup-
posed authors of letters of "Centi-
nel," 6; sketch of, 8.

Paper Money, 83, 89.

Patterson, Alexander, Chairman of
Northampton county meeting, 484,
628.

Pedan, Benjamin, member of the Pa.
Convention, sketch of, 746.

"Peep Junior," 51S-519.

Penn, William, his treaty with
Indians, 294.

Pennsylvania, no court of chancery
in, 153 ; the interests of to be in-
trusted to two men, 479 ; western
part looking to the establishing of
a separate State, 651 ; members of
the Federal Convention, biograph-
ical sketches of, 699.

Pennsjdvania Convention, see Con-
vention, Pa.

" Pennsylvania Herald" silenced, see
Herald, Pa.

Peters, Richard, speech in Assembly,
208.

8oo

Index.

Petition, from Cumberland, 420; from
Philadelphia, 432-435 ; number of
signatures to, 157 ; of Harrisburg
Conference to Assembly, 561 ; for
the adoption of the Constitution
circulated, 457.

Pettit, Charles, heads the Anti-Federal
ticket, 12; defeated for Convention,
12.

Philadelphia, rejoicing in, 26; petition
from the citizens of, 432-435; num-
ber of signatures to, 157.

"Philadelphiensis," letters of printed
in "Gazetteer," reply to, 524; by
Workman, 663.

Philanthropist, 522-524.

Philips, Theophilus, mentioned, 79.

Pickering, Timothy, mentioned, 14 ;
member of the Pa. Convention,
sketch of, 746; Wilson's notes of
remarks of, 770, 772, 773.

Pinckney, C. C, 185.

Piper, George, meeting of Anti-Fed-
eralists called at his home in Bucks
Co., 554; proceedings at meeting,
555.

Piper, John, mobbed at Boyd's house,
13; refuses to obey the summons of
the Assembl)', 68 ; mentioned, 79.

Pittsburgh, account of the celebration
of the ratification at, 551.

"Plain Truth" reviews objection to
Constitution, 187-195.

Post Office, charges against, 24, 529-
530; charges against by "Centinel,"
629, 637, 642, 653, 655, 666, 667.

Postleth wait's tavern. Federalists
meet at, 491.

Powell, Joseph, member of the Pa.
Convention, sketch of, 748.

Power, the Supreme, lodged where?
229-230, 315; in the people, 316,
318 ; in the state constitutions, 316.

Powers of a good government, 537 ;
delegated to Congress, 539 ; of
government to be kept separate,
463 ; vested in Congress too great,
465 ; not well defined, 475.

Preamble, Wilson's, 249 ; Smilie on,
249.

Presbyterians oppose the Constitution
in Pa., 22.

President, veto objected to, 333-335 ;
power of in making treaties ob-
jected to, 476, 477 ; he will become
a leader or minion of the Senate,
398, 574, 586.

Press, liberty of, 15, 78, lor, 113; se-
cured, 116, 134, 141 ; Wilson on,

144; Democratic Federalist, 151;
remarks on, 181, 190; insecure,
462, 502, 509; endangered by the
Constitution, 565, 575. 576,' 5S0,
589. 639.

Procession, on the occasion of the
ratification of the Constitution,
427-428.

Protest, right of entering on journals
not known in America until the
Revolution, 241 ; only in Pa., 241.

Proclamation of Franklin, 210-21 1.

Prophecy for 1789, 121-124.

"Publius," anecdote of, 509; writ-
ings of criticised by "Centinel,"
635.

Quakers, in favor of the Constitution,
520 ; should oppose the Consti-
tution, 600 ; support the Consti-
tution, 674.

Queries submitted to the people of
Pa,, 505.

Randolph, Edmund, objections of,
521-2.

Ratification of the Constitution, 425-
427; procession, 427-428; form of,
428; rejoicings over, 454.

"Real Patriot," 524-5.

Reed, Gen. Joseph, death hastened
by writings of Galen (B. Rush), 677.

Religious elements in Pa. Conven-
tion, 13.

Religious liberty should be preserved,
461; not secured by the Constitu-
tion, 589.

Report of a Committee of Citizens on
the Constitution, 441-445 ; (Anti-
federal) criticised by "Columbus,"
445-447-

Representation in Congress, term too
long, 78 ; not too long, 102; dis-
cussed, 132, 287-9; too small, 366,
370, 471, 562.

Republic, A Federal, 225-226.

Reserved rights not secured, 469, 541;
to be secured, 562; remarks of
"Centinel" on, 580; not protected,
612.

Resolutions of Albert Gallatin at Har-
risburg Conference, 557.

Reynolds, John, member of the Pa.
Convention, sketch of, 748.

Rhode Island, condition of in 1787,
118.

Richards, John, member of the Pa.
Convention, sketch of, 748.

Right to hunt, etc., to be secured,
462; to bear arms to be secured,
462. (See also Reserved Rights.)

Index.

8oi

Riot at Boyd's house, 13, 204-210, 460;
Franklin's Proclamation, 210-21 1;
at Carlisle, accounts of, 486, ei seq.;
rioters rescued, 493.

Roberts, Jonathan, member of the
Pa. Convention, sketch of, 749.

Robinson, J. William, speech of in
favor of calling Convention, 50; on
fining members, 62; on compelling
members to attend, 65, 68, 69, 70;
mentioned, 82.

Rotation in office, 182.

Rules of the Convention, 215-216.

Rush, Dr. Benjamin, mentioned, 14;
and T. Lloyd, 15, 149-150; member
of Convention, 212; speech by, 213,
235; speech on entering protests on
minutes, 240-241; on the Constitu-
tion, 294-295; cited, 299-300; men-
tioned, 310, 420; nicknamed •' Dr.
Puff," 642; see "Galen," 682; see
"Lucullus," 683; member of the
Pa. Convention, sketch of, 749 ;
Wilson's notes of remarks of, 769,
771-

Scott, Thomas, member of the Pa.
Convention, sketch of, 751; Wil-
son's notes of remarks of, 766.

Sedgwick, W., 628.

Senate, U. S., 172, 181; can prevent
additions to lower house, 326; mem-
bers of, may hold office too long,
326-327; may corrupt the House,
337; powers of, 337-340; objections
to the power of, in impeachment
and appointment to office, 476; ob-
jections to power of Senate in mak-
ing, 476, 477; opinion of " Centiuel "
on, 574, 585, 587-

Senators too much power, 366, 370;
to be recalled by legislatures, 562.

Sherman, Roger, 11, 12.

Ship, Federal, drawn through the
streets of Phila., 454, 504.

vSlagle, Henry, member of the Pa.
Convention, sketch of, 752.

Slave Trade, provided for until 180S,

599-

Slaves, restriction on the importation
of, 312.

Smilie, John, mobbed at Boyd's
house, 13; one ofthose chosen to lead
the debate for the Antifederalists,
16; denounces the Constitution,
231-232; speech of, 243, 244-245,
248; speech on the Preamble, 249-
251; civil rights not secure, 251 ; on
bill of rights, 253, 254-256; on State
rights, 267-271, 282-283; cited, 299,

51

350; remarks by, 361, 362, 364-365,
405, 424, 428; member of the Pa.
Convention, sketch of, 752 ; Wil-
son's notes of his remarks, 765-7-9,
77173, 777-82, 784-5.
Smith, Abraham, mobbed at Boyd's
house, 13; mentioned, 79.

Smith, Melanchthon, opposes the
Constitution in Congress, i.

Smith, Robert, member of Assembly
from Chester County, 675.

Society, Wilson's remarks on the
nature and principles of civil, 224-
227.

Song, a new Federal, 547.

Speech, freedom of to be secured, 462.

"Squib," 507.

Squibs, Prophecy for 1789, 121-124;
tavern talk, 124-125; a street scene,
125-126; blessings of the new govern-
ment, 141, also 142; "A Turk,"
159; "United States," 160; Humble
Address of the "Low Born," 173-
175-

State Governments, dangers to, dis-
cussed, 319; will be absorbed, 319;
will be unhinged, 321; will be rivals
of general government, 323 ;
will not make headway against gen-
eral government, 324 ; will lose
the love of the people, 325; dangers
to, will become boards of electors,
325 ; danger of 465 ; existence of
secured, 468 ; taxation ruinous to,
477, 541-543 ; will be annihilated
by the general government, 588,
590, 609, 611, 613.

State House, the meeting at, 142-
143 ; speech of James Wilson, 143-
150.

State Rights, 10; Wilson on, 146-147 ;
Democratic F'ederalist on, 150-157,
171-172, 180, 187, 188, 189, 262, 263-
266, 267-271, 272, 284-287, 292-293,
296-297, 300-301, 301-303, 304, 305,
306, 315-320, 321, 322, 323, 324, 325,
343-344, 349, 396-

State Sovereignty in danger, 543.

States, authority of retained when not
expressly delegated, 463.

Sternhold and Hopkins' psalms, 507.

.Sterrett, James, 49S.

Stout, Abraham, member of the Pa.
Convention, sketch of, 753.

Suffrage, the right of secure, 344-345.

Sweden, dispute regarding jury trial
in, 359, 360, 361, 364-

Swiss Cantons, compared to the
United States, 603.

802

Index.

"Tar and Feathers," 127, 129-130;
reply to "Fair Play," 137-138; re-
plied to by "Fair Play," 139-140.

Taxation, Congressional power of,
260, 268-269, 274-275, 292, 327-328 ;
direct, 345, 388, 477, 478; no one
article reserved for the States, 466 ;
as it affects the people, 477 ; as it
affects the state government, 478 ;
"Centinel" on, 570, 571, 581, 587,
601, 610.

Taxes, collection of, 78, 83, 99; other
than imposts to be reserved to the
states, 462 ; direct to be raised by
states and paid to Congress, 563 ;
burdensome in Pa., 688, 689.

Telfair, Edward, 526, 528.

Tender Laws of Pa., 685, 687.

Test Laws, 676, 685.

Todd, William, member of the Pa.
Convention, sketch of, 754.

"Tom Peep," 517-51S.

Tories, support the Constitution, 674.

Treaties, of commerce could not be
made by the old Congress, 455; how
effected' by laws of U. S. and Con-
stitutions of States, 463 ; objections
to the power of President and Sen-
ate in making, 476, 477 ; amend-
ment proposed regarding, 564.

Trials, capital and criminal, rights of
man in, 461.

"True Whig, A," on the minority of
Convention, 449.

Tucker, Dean, reply to, 127-129.

''Turk, A," on the Constitution, 159;
replied to, 162-163.

"Uncle Toby," observations of, 503.

"Undeniable Facts," 520-521.

Union, State of the, as it appeared to
the Convention, 227-228.

"Unitarian, A," 505.

United States, condition of in 1787,
118, 575 ; after the peace, 228.

"Unite or Die," 226.

University of Pa., commencement of
attended by members of State Con-
vention, 214; takes no part in re-
joicing of ratification, 504.

Verses, on the new Constitution, 529.

Vessels, clause respecting to be ex-
plained, 563.

Veto, the President's, 333-335-

Vice-President, a dangerous officer,

35(^351, 367-375- . , , ,

Virginia, court house m fired by

debtors, 118; has bill of rights, 253.
Vote in the Pa. Convention on various

questions, 16; in the Assembly on

calling a Convention, 60 ; of State
Convention on going into committee
of whole, 234, 236; debate on enter-
ing reasons for yea and nay on
minutes, 238-248 ; on amendments,
424 ; on ratification, 425-426 ; of
Pa. Convention on ratification,
482 ; for the Convention, 504 ; for
delegates to Pa. Convention, 545 ;
number of ballots cast for Pa. Con-
vention, 460.

Warrants of Search, etc., unsupported
by evidence, not to be granted, 462.

Washington, George, influence of his
name, iii, 114, 117; eulogy of, 117;
to be President, 135; a fool, 159,160;
remarks on, 1S4-1S5; quoted, 195;
letter of, cited, 281; "Centinel's"
remarks regarding, 567; not infalli-
ble, 577; influence of, 627, 638.

Wayne, Gen. Anthony, 14; member
of Convention, speech of, 247 ;
member of the Pa. Convention,
sketch of, 754; Wilson's notes on
remarks of, 776.

"We, the People," 18, 249, 256, 268,
300-301, 341, 3S4 ; not "We the
States," 470.

"We the States," 18, 301.

Webster, Pelatiah, sketch of, 5; writ-
ings of, 6; remarks on the address
of the minority, 89 et seq.

Well Born, 529; work of the, 574, 588,
594, 595, 625, 627, 672, 674, 675, 677.

Whitehill, John, mentioned, 21; mem-
ber of the Pa. Convention, sketch
of, 756.

Whitehill, Robert, opposes the motion
to call a Convention, 3, 28, 32, 34;
defeated for Councilman, 6; speech
of, opposing the calling of a Con-
vention, 59; one of those chosen to
lead the debate for the Antifederal-
ists, 16; arguments of, iS; evades
the Sergeant-at-Arms, 68, 79, 80, 81,
84. 87; mentioned, 234, 235; vote
of, 236; motion to allow members
to enter reason of vote on minutes,
238, 238-239, 239-240, 245-246, 246-
247, 248; on bill of rights, 256-263;
on State Sovereignty. 284-287; on
Vice-President, 350-351, 420; offers
amendments to Constitution, 421-
424, 426; criticised, 448; endeavors
to have a new Convention called,
552; member of the Pa. Convention,
sketch of, 756; Wilson's notes of his
remarks, 765-8, 771, 773, 776, 779,
781.

Index.

803

Will, William, mentioued, 82.

Wilson, James, speech at State House,
9; nicknamed "James de Cale-
donia," II ; nominated for State
Convention, 12 ; leads the Federal-
ists in Convention, 16, 17, 18;
burned in effigy at Carlisle, 23, 490;
speech at State House, 143-150; re-
ply to, 150-157 ; remarks on, 183-
184; member of the Pa. Convention,
212 ; speech on the work of the
Federal Convention, 218-231; re-
port of, 217 note; discusses nature
of civil society, 224-227; civil liberty,
227 ; state of the Union, 227-228 ;
supreme power, 229-230 ; describes
the Constitution, 231 ; comment on
his speech, 233-234, 234-235; on
entering protests on minutes of
Convention, 242-243, 245, 247-248 ;
speech on "Preamble," 249; on
omission of bill of rights, 252-254,;
on state rights, 263-266; on number
of Representatives, 287-289 ; reply
to Findley, 301-310; report of
speech by Lloyd, 311-349; consid-
ers objections to, 313-333 ; merits
of, 340-349 ; defends the judiciary,
351-359; on jury trial, 360, 361;
speech on objection, 380-412; speech
on amendments, 424; reply to, 452-
453 ; on extent of country to be
governed, 464, 505, 507 ; speech at

Epple's tavern, 518; "Centinel's"
criticism of his speech of Oct. 6,
579. 581, 583, 585, 590 ; on his
speech of Nov. 24, 608, 612, 631 ;
author of "Conciliator," 643; sar-
castically proposed for Chief Justice,
643; mentioned, 652; see "James
the Caledonian," 682; member of
the Pa. Convention, sketch of, 757;
attacked at Carlisle, 48S ; his notes
of debate taken in the Pa. Con-
vention, 765.

Workman, author of letters of Phila-
delphiensis, 663.

Wynkoop, Gerardus, seconds the res-
olution calling the Pa. Convention,
28; urges the same, 32; moves that
the absent members of the Assem-
bly be sent for, 60, 62; on the time
of calling the Convention, 71; on
members absenting themselves from
the Assembly, 69, 71.

Wynkoop, Henry, moves considera-
tion of article two, 299; member of
the Pa. Convention, sketch of, 760.

Yardley, Thomas, member of the Pa.
Convention, sketch of, 760.

Yeates, Jasper, speech in Convention,
295-299, 426; member of the Pa.,
sketch of, 761; Wilson's notes of his
remarks, 769.

Zubly, Dr. J. J., 526.