Essays on the Constitution of the United States Part 11

These at present appear to me the most important points to be guarded. I have mentioned a reservation of excise to the separate states, because it is necessary, that they should have some way to discharge their own debts, and because it is placing them in an humiliating & disgraceful situation to depute them to transact the business of international government without the means to carry it on. It is necessary also, as a check on the national government, for it has hardly been known that any government having the powers of war, peace, and revenue, has failed to engage in needless and wanton expense. A reservation of this kind is therefore necessary to preserve the importance of the state governments: without this the extremes of the empire will in a very short time sink into the same degradation and contempt with respect to the middle state as Ireland, Scotland, & Wales, are in with regard to England. All the men of genius and wealth will resort to the seat of government, that will be center of revenue, and of business, which the extremes will be drained to supply.

This is not mere vision, it is justified by the whole course of things. We shall, therefore, if we neglect the present opportunity to secure ourselves, only increase the number of proofs already too many, that mankind are incapable of enjoying their liberty. I have been the more particular in stating the amendments to be made, because many gentlemen think it would be preferable to receive the new system with corrections. I have by this means brought the corrections into one view, and shown several of the princ.i.p.al points in which it is unguarded. As it is agreed, at least professedly, on all sides, that those rights should be guarded, it is among the inferior questions in what manner it is done, provided it is absolutely and effectually done. For my own part, I am fully of opinion that it would be best to reject this plan, and pa.s.s an explicit resolve, defining the powers of Congress to regulate the intercourse between us and foreign nations, under such restrictions as shall render their regulations equal in all parts of the empire. The impost, if well collected, would be fully equal to the interest of the foreign debt, and the current charges of the national government. It is evidently for our interest that the charges should be as small as possible. It is also for our interest that the western lands should, as fast as possible, be applied to the purpose of paying the home debt. Internal taxation and that fund have already paid two-thirds of the whole debt, notwithstanding the embarra.s.sments usual at the end of a war.

We are now rising fast above our difficulties; everything at home has the appearance of improvement, government is well established, manufactures increasing rapidly, and trade expanding. Till since the peace we never sent a s.h.i.+p to India, and the present year, it is said, sends above a dozen vessels from this state only, to the countries round the Indian ocean. Vast quant.i.ties of our produce are exported to those countries. It has been so much the practice of European nations to farm out this branch of trade, that we ought to be exceedingly jealous of our right. The manufactures of the state probably exceed in value one million pounds for the last year. Most of the useful and some ornamental fabricks are established. There is great danger of these improvements being injured unless we practice extreme caution at setting out. It will always be for the interest of the southern states to raise a revenue from the more commercial ones. It is said that the consumer pays it. But does not a commercial state consume more foreign goods than a landed one? The people are more crowded, and of consequence the land is less able to support them. We know it is to be a favourite system to raise the money where it is. But the money is to be expended at another place, and is therefore so much withdrawn annually from our stock. This is a single instance of the difference of interest; it would be very easy to produce others.

Innumerable as the differences of manners, and these produce differences in the laws. Uniformity in legislation is of no more importance than in religion. Yet the framers of this new const.i.tution did not even think it necessary that the president should believe that there is a G.o.d, although they require an oath of him. It would be easy to shew the propriety of a general declaration upon that subject. But this paper is already extended to so far [sic].

Another reason which I had in stating the amendments to be made, was to shew how nearly those who are for admitting the system with the necessary alterations, agree with those who are for rejecting this system and amending the confederation. In point of convenience, the confederation amended would be infinitely preferable to the proposed const.i.tution. In amending the former, we know the powers granted, and are subject to no perplexity; but in reforming the latter, the business is excessively intricate, and great part of the checks on Congress are lost. It is to be remembered too, that if you are so far charmed with eloquence, and misled by fair representations and charitable constructions, as to adopt an undefined system, there will be no saying afterwards that you were mistaken, and wish to correct it. _It will then be the const.i.tution of our country, and ent.i.tled to defence._ If Congress should chuse to avail themselves of a popular commotion to continue in being, as the fourth section justifies, and as the British parliament has repeatedly done, the only answer will be, that it is the const.i.tution of our country, and the people chose it. It is therefore necessary to be exceedingly critical.

Whatsoever way shall be chosen to secure our rights, the same resolve ought to contain the whole system of amendment. If it is rejected, the resolve should contain the amendations of the old system; and if accepted, it should contain the corrections of the new one.

AGRIPPA.

_A writer in the Gazette of 29th January, under the signature of Captain M__c__Daniel, having with civility and apparent candour, called for an explanation of what was said in one of my former papers, I have chosen to mention him with respect, as the only one of my reviewers who deserves an answer._

REPLIES TO THE STRICTURES OF A LANDHOLDER, BY ELBRIDGE GERRY.

Printed In The Ma.s.sachusetts Centinel, And The American Herald, January-April 1788.

Note.

The refusal of Gerry to sign or support the Const.i.tution, being the only northern member of the federal convention to do so, made him the general target of attack by the federal writers of New England. To most of these Gerry paid no attention, but the charges of "A Landholder" were so positive, and so evidently written by a fellow member of the federal convention, that an answer was necessary.

To neither of the two pieces here printed did Gerry put his name, but the subject and internal evidence are both conclusive that they were written by him. Not being able to find a copy of the _American Herald_, I have been compelled to reprint the second article from the _New York Journal_.

For more on this subject see the letters of A Landholder and of Luther Martin in this collection.

Reply To A Landholder, I.

The Ma.s.sachusetts Centinel, (Number 32 of Volume VIII)

SAt.u.r.dAY, JANUARY 5, 1788.

MR. RUSSELL:

You are desired to inform the publick from good authority, that Mr. GERRY, by giving his dissent to the proposed Const.i.tution, could have no motives for preserving an office, for he holds none under the United States, or any of them; that he has not, as has been a.s.serted, exchanged Continental for State Securities, and if he had, it would have been for his interest to have supported the new system, because thereby the states are restrained from impairing the obligation of contracts, and by a transfer of such securities, they may be recovered in the new federal court; that he never heard, in the Convention, a motion made, much less did make any, "for the redemption of the old continental money;" but that he proposed the public debt should be made neither better nor worse by the new system, but stand precisely on the same ground by the Articles of Confederation; that had there been such a motion, he was not interested in it, as he did not then, neither does he now, own the value of ten pounds in continental money; that he neither was called on for his reasons for not signing, but stated them fully in the progress of the business. His objections are chiefly contained in his letter to the Legislature; that he believes his colleagues men of too much honour to a.s.sert what is not truth; that his reasons in the Convention "were totally different from those which he published," that his only motive for dissenting from the Const.i.tution, was a firm persuasion that it would endanger the liberties of America; that if the people are of a different opinion, they have a right to adopt; but he was not authorized to an act, which appeared to him was a surrender of their liberties; that a representative of a free state, he was bound in honour to vote according to his idea of her true interest, and that he should do the same in similar circ.u.mstances.

_Cambridge, January 3, 1788._

Reply To A Landholder, II.

The New York Journal, (Number 2282)

WEDNESDAY, APRIL 30, 1788.

From the American Herald, printed at Boston.

MR. GREENLEAF,

As the Connecticut Landholder's publications are dispersed throughout the state, it will be useful for the sake of truth to publish the following.

TO THE PUBLIC.

An elegant writer, under the signature of "A Landholder," having in a series of publications, with a modesty and delicacy peculiar to himself, undertaken to instruct members of legislatures, executives, and conventions, in their duty respecting the new const.i.tution, is, in stating facts, unfortunate, in being repeatedly detected in errors; but his perseverance therein does honor "to his magnanimity," and reminds me of Dr. Sangerado (in Gil Blas) who being advised to alter his practice, as it was founded on false principles and destructive to his patients, firmly determined to pursue it, because he had written a book in support of it.

Had our learned author, the modern Sangerado, confined himself to facts and to reasoning on the const.i.tution, he might have continued to write without interruption from its opposers, until by instructing others, he had obtained that instruction which he seems to need, or a temporary relief from the inenviable malady, the cacoethes scribendi; but his frequent misrepresentations having exposed him to suspicions that as a disciple of Mandeville he was an advocate for vice, or that to correct his curiosity some humourist has palmed on him a spurious history of the proceedings of the federal convention, and exhibited his credulity as a subject of ridicule, it is proper to set him right in facts, which, in almost every instance he has misstated.

In a late address to the honorable Luther Martin, Esquire, the Landholder has a.s.serted, that Mr. Gerry "uniformly opposed Mr. Martin's principles,"

but this is a circ.u.mstance wholly unknown to Mr. Gerry, until he was informed of it by the Connecticut Landholder; indeed Mr. Gerry from the first acquaintance with Mr. Martin, has "uniformly had a friends.h.i.+p for him."

This writer has also a.s.serted, "that the day Mr. Martin took his seat in convention, without requesting information, or to be let into the reasons of the adoption of what he might not approve, he opened against them in a speech which held during two days." But the facts are, that Mr. Martin had been a considerable time in convention before he spoke; that when he entered into the debates he appeared not to need "information," as he was fully possessed of the subject; and that his speech, if published, would do him great honor.

Another a.s.sertion of this famous writer is, that Mr. Gerry in "a sarcastical reply, admired the strength of Mr. Martin's lungs, and his profound knowledge in the first principles of government;" that "this reply" "left him a prey to the most humiliating reflections; but these did not teach him to bound his future speeches by the lines of moderation; for the very next day he exhibited, without a blush, another specimen of eternal volubility." This is so remote from the truth, that no such reply was made by Mr. Gerry to Mr. Martin, or to any member of the convention; on the contrary, Mr. Martin, on the first day he spoke, about the time of adjournment, signified to the convention that the heat of the season, and his indisposition prevented his proceeding, and the house adjourned without further debate, or a reply to Mr. Martin from any member whatever.

Again, the Landholder has a.s.serted that Mr. Martin voted "an appeal should lay to the supreme judiciary of the United States for the correction of all errors both in law and fact," and "agreed to the clause that declares nine states to be sufficient to put the government in motion;" and in a note says, "Mr. Gerry agreed with Mr. Martin on these questions." Whether there is any truth in the a.s.sertions as they relate to Mr. Martin, he can best determine; but as they respect Mr. Gerry, they reverse the facts; for he not only voted against the first proposition (which is not stated by the Landholder, with the accuracy requisite for a writer on government) but contended for jury trials in civil cases, and declared his opinion, that a federal judiciary with the powers above mentioned, would be as oppressive and dangerous, as the establishment of a star-chamber, and as to the clause that "declares nine states to be sufficient to put the government in motion," Mr. Gerry was so much opposed to it, as to vote against it in the first instance, and afterwards to move for a reconsideration of it.

The Landholder having in a former publication a.s.serted "that Mr. Gerry introduced a motion, respecting the redemption of old continental money"

and the public having been informed by a paragraph in the Ma.s.sachusetts Centinel, No. 32, of vol. 8, as well as by the honorable Mr. Martin, that neither Mr. Gerry, or any other member, had introduced such a proposition, the Landholder now says that "out of 126 days, Mr. Martin attended only 66," and then enquires "whether it is to be presumed that Mr. Martin could have been minutely informed, of all that happened in convention, and committees of convention, during the sixty days of absence?" and "Why is it that we do not see Mr. McHenry's verification of his a.s.sertion, who was of the committee for considering a provision for the debts of the union?"

But if these enquiries were intended for subterfuges, unfortunately for the Landholder, they will not avail him: for, had Mr. Martin not been present at the debates on this subject, the fact is, that Mr. Gerry was not on a committee with Mr. McHenry, or with any other person, for considering a provision for the debts of the union, or any provision that related to the subject of old continental money; neither did he make any proposition, in convention, committee, or on any occasion, to any member of convention or other person, respecting the redemption of such money; and the a.s.sertions of the Landholder to the contrary, are altogether dest.i.tute of the shadow of truth.

The Landholder addressing Mr. Martin, further says, "Your reply to my second charge against Mr. Gerry, may be soon dismissed: compare his letter to the legislature of his state, with your defence, and you will find, that you have put into his mouth, objections different from anything it contains, so that if your representation be true, his must be false." The objections referred to, are those mentioned by Mr. Martin, as being made by Mr. Gerry, against the supreme power of Congress over the militia. Mr.

Gerry, in his letter to the legislature, states as an objection, "That some of the powers of the federal legislature are ambiguous, and others (meaning the unlimited power of Congress, to keep up a standing army, in time of peace, and their entire controul of the militia) are indefinite and dangerous." Against both these did Mr. Gerry warmly contend, and why his representations must be false, if Mr. Martin's are true, which particularized what Mr. Gerry's stated generally, can only be discovered by such a profound reasoner, as the Connecticut Landholder.

The vanity of this writer, in supposing that his charges would be the subject of const.i.tutional investigation, can only be equalled by his impertinence, in interfering with the politics of other states, or by his ignorance, in supposing a state convention could take cognizance of such matters as he calls charges, and that Mr. Gerry required a formal defence, or the a.s.sistance of his colleagues, to defeat the unprovoked and libellous attacks of the Landholder, or any other unprincipled reviler.

The landholder says: "That Mr. Martin thought the deputy attorney-general of the United States, for the state of Maryland, destined for a different character, and that inspired him with the hope that he might derive from a desperate opposition, what he saw no prospect of gaining by a contrary conduct;" but the landholder ventures to predict, "that though Mr. Martin was to double his efforts he would fail in his object." By this we may form some estimate of the patriotism of the landholder, for, whilst he so readily resolves Mr. Martin's conduct into a manuvre for office, he gives too much reason to suppose, that he himself has no idea of any other motive in conducting politicks. But how can the landholder ascertain, that "Mr. Martin thought" the office mentioned "destined for a different character?" Was the landholder present at the destination? If so, it was natural for him, knowing there was a combination against Mr. Martin (however remote this gentleman was from discovering it) to suppose his accidental opposition to the complotters, proceeded from a discovery of the plot. Surely the landholder must have some reason for his conjecture respecting the motives of Mr. Martin's conduct, or to be subject to the charge of publis.h.i.+ng calumny, knowing it to be such. If then, this great statesman was in a secret, which has been long impenetrable, he is now ent.i.tled to the honor of giving the public the most important information they have received, concerning the origin of the new const.i.tution, and having candidly informed them who is not, he ought to inform who is to fill that office, and all others of the new federal government. It may then, in some measure be ascertained, what individuals have supported the const.i.tution on principles of patriotism, and who under this guise have been only squabbling for office. Perhaps we shall find that the landholder is to have the contract for supplying the standing army under the new government, and that many others, who have recurred to abuse on this occasion, have some such happy prospects; indeed the landholder puts it beyond a doubt, if we can believe him, that it was determined in the privy council of this federal convention, that however Mr. Martin might advocate the new const.i.tution, he should not have the office mentioned; for if this was not the case, how can the landholder so roundly a.s.sert that Mr. Martin could have no prospect by a contrary conduct of gaining the office, and so remarkably sanguine is the landholder, that the members of the privy council would be senators of the new Congress, in which case the elections would undoubtedly be made according to the conventional list of nominations, as that he ventures to predict, though Mr. Martin was to double his efforts, he would fail in his object. Thus whilst this blazing star of federalism is taking great pains to hold up Mr. Gerry and Mr.

Mason, as having held private meetings "to aggrandize old Ma.s.sachusetts and the antient dominion" he has confessed enough to shew that his private meetings were solely to aggrandize himself.

THE LETTERS OF A LANDHOLDER, WRITTEN BY OLIVER ELLSWORTH.