Chapter XX: Section 4: , of article IV. says, The United States shall guarantee to every (12)

It is complained that the powers of the national judiciary are too extensive. This objection appears to have the greatest weight in the eyes of gentlemen who have not carefully compared the powers which are to be delegated, with those that had been formerly delegated to Congress. The powers now to be committed to the national legislature, as they are detailed in the 8th section of the first article, have already been chiefly delegated to the Congress, under one form or another, except those which are contained in the first paragraph of that section. And the objects that are now to be submitted to the supreme judiciary, or to the inferior courts, are those which naturally arise from the constitutional laws of Congress. If there is a single new case that can be exceptional, it is that between a Foreigner and a Citizen, or that between the Citizens of different States. These cases may come up by appeal. It is provided in this system, that there shall be no fraudulent tender in the payments of debts. Foreigners with whom we have treaties will trust our citizens on the faith of this engagement; and the citizens of different states will do the same. If the Congress had a negative on the laws of the several states, they would certainly prevent all such laws as might endanger the honor or peace of the nation, by making a tender of base money; but they have no such power, and it is at least possible that some state may be found in this union, disposed to break the constitution, and abolish private debts by such tenders. In these cases the courts of the offending state would probably decide according to its own laws. The foreigner would complain, and the nation might be involved in war for the support of such dishonest measures. Is it not better to have a court of appeals in which the judges can only be determined by the laws of the nation? This court is equally to be desired by the citizens of different states. But we are told that justice will be delayed, and the poor will be drawn away by the rich to a distant court. The authors of this remark have not fully considered the question, else they must have recollected that the poor of this country have little to do with foreigners or with the citizens of distant states. They do not consider that there may be an inferior court in every state; nor have they recollected that the appeals being with such exceptions, and under such regulations as Congress shall make, will never be permitted for trifling sums or under trivial pretences, unless we can suppose that the national legislature shall be composed of knaves and fools. The line that separates the powers of the national legislature from those of the several states is clearly drawn. The several states reserve every power that can be exercised for the particular use and comfort of the state. They do not yield a single power which is not absolutely necessary to the safety and prosperity of the nation, nor one that could be employed to any effect in the hands of particular states. The powers of judiciary naturally arise from those of the legislature. Questions that are of a national concern, and those cases which are determinable by the general laws of the nation, are to be referred to the national judiciary; but they have not anything to do with a single case either civil or criminal which respects the private and particular concerns of a state or its citizens.

The possibility of keeping regular troops in the public service, has been urged as another objection against the new constitution. It is very remarkable that the same objection has not been made against the original confederation, in which the same grievance obtains without the same guards. It is now provided, that no appropriation of money for the use of the army shall be for a longer time than two years. Provision is also made for having a powerful militia, in which there never can be occasion for many regular troops.

It has been objected in some of the southern states, that the Congress, by a majority of votes, is to have the power to regulate trade. It is universally admitted that Congress ought to have this power, else our commerce, which is nearly ruined, can never be restored; but some gentlemen think that the concurrence of two-thirds of the votes in Congress should have been required. By the sundry regulations of commerce, it will be in the power of government not only to collect a vast revenue for the general benefit of the nation, but to secure the carrying trade in the hands of citizens in preference to strangers. It has been alleged that there are few ships belonging to the southern states; and that the price of freight must rise in consequence of our excluding many foreign vessels: but when we have not vessels of our own, it is certainly proper that we should hire those of citizens in preference to strangers; and though the price of freight should rise for two or three years, this advantage is fully due to our brethren in the eastern and middle states, who, with great and exemplary candour, have given us equal advantages in return. A small increase in the price of freight would operate greatly in favour of the southern states: it would promote the spirit of ship-building; it would promote a nursery for native seamen, and would afford support to the poor who live near the sea coast; it would increase the value of their lands, and, at the same time, it would reduce their taxes.

It has finally been objected that the several states are not permitted to tax their exports for the benefit of their particular treasuries. This strange objection has been occasionally repeated by citizens of this state. They must have transplanted it from another state, for it could not have been the growth of North Carolina.

Such have been the objections against the new constitution.

Whilst the honest patriot who guards with jealous eye the liberties of his country, and apprehends danger under every form—the placeman in every state, who fears lest his office should pass into other hands—the idle, the fractious, and the dishonest, who live by plunder or speculation on the miseries of their country—while these, assisted by a numerous body of secret enemies, who never have been reconciled to our independence, are seeking for objections to this constitution—it is a remarkable circumstance, and a very high encomium on the plan, that nothing more plausible has been offered against it; for it is an easy matter to find faults.

Let us turn our eyes to a more fruitful subject; let us consider the present condition of the United States, and the particular benefits that North Carolina must reap by the proposed form of government. Without money no government can be supported; and Congress can raise no money under the present constitution. They have not the power to make commercial treaties, because they cannot preserve them when made. Hence it is, that we are the prey of every nation. We are indulged in such foreign commerce as must be hurtful to us; we are prohibited from that which might be profitable; and we are accordingly told, that in the last two years, the thirteen states have hardly paid into the treasury as much as should have been paid by a single state. Intestine commotions in some of the states—paper money in others—a want of inclination in some, and a general suspicion throughout the union that the burden is unequally laid—added to the general loss of trade—have produced a general bankruptcy, and loss of honor. We have borrowed money of Spain—she demands the principal, but we cannot pay the interest. It is a circumstance perfectly humiliating, that we should remain under obligations to that nation. We are considerably indebted to France; but she is too generous to insist upon what she knows we cannot pay, either the principal or interest. In the hour of distress, we borrowed money in Holland; not from the government but from private citizens. Those who were called the patriots, were our friends, and they are oppressed in their turn by hosts of enemies. They will soon have need of money. At this hour, we are not able to pay the interest of their loan. What is to be done? Will you borrow money again from other citizens of that oppressed republic, to pay the interest of what you borrowed from their brethren? This would a painful expedient: but our want of government may render it necessary. You have two or three ministers abroad; they must soon return home, for they cannot be supported. You have four or five hundred troops scattered along the Ohio to protect the frontier inhabitants, and give some value to your lands; those troops are ill paid, and in a fair way for being disbanded. There is hardly a circumstance remaining—hardly one external mark—by which you can deserve to be called a nation. You are not in a condition to resist the most contemptuous enemy. What is there to prevent an Algerine pirate from landing on your coast, and carrying your citizens into slavery? You have not a single sloop of war. Does one of the states attempt to raise a little money by imposts or other commercial regulations? A neighbouring state immediately alters her laws, and defeats the revenue by throwing the trade into a different channel. Instead of supporting or assisting, we are uniformly taking the advantage of one another. Such an assemblage of people are not a nation. Like a dark cloud, without cohesion or firmness, we are ready to be torn asunder, and scattered abroad by every breeze of external violence, or internal commotion.

Is there a man in this state, who believes it possible for us to continue under such a government? Let us suppose but for a minute, that such a measure should be attempted. Let us suppose that the several states shall be required and obliged to pay their several quotas according to the original plan. You know that North Carolina, in the last four years, has not paid one dollar into the treasury for eight dollars that she ought to have paid. We must increase our taxes exceedingly, and those taxes must be of the most grievous kind; they must be taxes on land and heads, taxes that cannot fail to grind the face of the poor; for it is clear that we can raise little by imports and exports. Some foreign goods are imported by water from the northern states: such goods pay a duty for the benefit of those states, which is seldom drawn back. This operates as a tax upon our citizens. On this side, Virginia promotes her revenue to the amount of twenty-five thousand dollars every year, by a tax on our tobacco that she exports. South Carolina, on the other side, may avail herself of similar opportunities. Two-thirds of foreign goods that are consumed in this state, are imported by land from Virginia or South Carolina. Such goods pay a certain impost for the benefit of the importing states, but our treasury is not profited by this commerce. By such means our citizens are taxed more than one hundred thousand dollars every year; but the state does not receive credit for a shilling of that money. Like a patient that is bleeding at both arms, North Carolina must soon expire under such wasteful operations. Unless I am greatly mistaken, we have seen enough of the state of the union, and of North Carolina in particular, to be assured that another form of government is become necessary. Is the form of government now proposed well calculated to give relief? To this we must answer in the affirmative. All foreign goods that shall be imported into these states, are to pay a duty for the use of the nation. All the states will be on a footing, whether they have bad ports or good ones. No duties will be laid on exports; hence the planter will receive the true value for his produce, wherever it may be shipped. If excises are laid on wine, spirits, or other luxuries, they must be uniform throughout the states. By a careful management of imposts and excises, the national expenses may be discharged without any other species of tax; but if a poll tax or land tax shall ever become necessary, the weight must press equally on every part of the union. For in all cases such taxes must be according to the number of inhabitants. Is it not a pleasing consideration that North Carolina, under all her natural disadvantages, must have the same facility of paying her share of the public debt, as the most favoured, or the most fortunate state? She gains no advantage by this plan, but she recovers from her misfortunes. She stands on the same footing with her sisters, and they are too generous to desire that she should stand on lower ground. When you consider those parts of the new system which are of the greatest import—those which respect the general question of liberty and safety—you will recollect that the states in convention were unanimous; and you must remember, that some of the members of that body have risqued their lives in defence of liberty: but the system does not require the help of such arguments; it will bear the most scrupulous examination.

When you refer the proposed system to the particular circumstances of North Carolina, and consider how she is to be affected by this plan, you must find the utmost reason to rejoice in the prospect of better times. This is a sentiment that I have ventured with the greater confidence, because it is the general opinion of my late honourable colleagues,(63) and I have the utmost reliance in their superior abilities. But if our constituents shall discover faults where we could not see any—or if they shall suppose that a plan is formed for abridging their liberties, when we imagined that we had been securing both liberty and property on a more stable foundation—if they perceive that they are to suffer a loss, where we thought they must rise from a misfortune—they will, at least do us the justice to charge those errors to the head, and not to the heart.

The proposed system is now in your hands, and with it the fate of your country. We have a common interest for we are embarked in the same vessel. At present she is in a sea of trouble, without sails, oars, or pilot; ready to be dashed to pieces by every flaw of wind. You may secure a port, unless you think it better to remain at sea. If there is any man among you that wishes for troubled times and fluctuating measures, that he may live by speculations, and thrive by the calamities of the state, this government is not for him.

If there is any man who envies the prosperity of a native citizen—who wishes that we should remain without native merchants or seamen, without shipping, without manufactures, without commerce—poor and contemptible, the tributaries of a sovereign country—this government is not for him.

And if there is any man who has never been reconciled to our independence, who wishes to see us degraded and insulted abroad, oppressed by anarchy at home, and torn into pieces by factions—incapable of resistance, and ready to become a prey to the first invader—this government is not for him.

But it is a government, unless I am greatly mistaken, that gives the fairest promise of being firm and honourable; safe from foreign invasion or domestic sedition—a government by which our commerce must be protected and enlarged; the value of our produce and of our lands must be increased; the labourer and the mechanic must be encouraged and supported. It is a form of government that is perfectly fitted for protecting liberty and property, and for cherishing the good citizen and honest man.

LETTER OF A STEADY AND OPEN REPUBLICAN, WRITTEN BY CHARLES PINCKNEY.

Printed In The State Gazette Of South Carolina, May, 1788.

Note.

In the file of the _State Gazette of South Carolina_ in the possession of the Charleston Chamber of Commerce, a slip is inserted opposite this essay, on which is writing contemporary with the paper, stating that it was written by Charles Pinckney. It is almost the only essay on this subject contained in the file, which is not merely extracted from some northern paper; and Pinckney was, indeed, almost the only South Carolinian who had given any attention to the subject involved, or who wrote for the press.

A Republican.

The State Gazette Of South Carolina, (Number 3610)

MONDAY, MAY 5, 1788.

MRS. TIMOTHY:

The enclosed,(64) copied from a paper sent me by a friend, seems so peculiarly adapted to our present situation, that I cannot forbear selecting it from the crowd of publications since the appearance of the proposed Federal Constitution, and recommending it, thro’ your paper, to the most serious attention of all our fellow-citizens; but previously a few HINTS, by way of introduction, will not, I hope, be impertinent.

New Hampshire and Georgia are the two extreme barriers of the United States, if the latter can with any propriety be called a barrier without this state in conjunction; and both together, we know, are not, in point of force, ready for any sudden emergency, to be compared to New Hampshire.

It cannot be doubted that Great Britain has her busy emissaries throughout the states, and not a few amongst us; and should the Constitution be rejected, how long can we flatter ourselves to be free from Indian cruelties and depredations, some time since begun in Georgia, and if at this moment warded off from us, ’tis principally owing to the dread of an efficacious union of the states by the adoption of the Federal Constitution. The three southern states particularly, we have had for several years past, good grounds to think Great Britain wishes to separate from the rest, and to have reverted to her if possible.

Mr. Martin’s(65) long mischievous detail of the opinions and proceedings of the late general convention, (already occupying a large space in six of your Gazettes, and still unfinished,) with all his colourings and uncandid insinuations, in regard to General Washington and Doct. Franklin, may suit the short-sighted selfish wishes of _an individual_ of a state situated almost in the centre of the rest, and much safer by that means from sudden alarms. But the generous, manly _and truly federal sentiments of Maryland_ are well known, and ’tis not doubted will be unequivocally shewn at her convention very shortly to be held—and that New Hampshire, early in her first meeting on that important subject, has only by consent taken farther time to consider of it, and will at her next meeting adopt it, is the general opinion.

What pity the salutary caution of Doct. Franklin, just previous to his signing the constitution recommended by the convention, had not been strictly attended to! If we split, it will in all probability happen in running headlong on the dangerous rock he so prophetically (as it were) warned us from, “That the opinions of the errors of the constitution born within the walls of the convention, should die there, and not a syllable be whispered abroad.” This Hint is full of that foresight and penetration the Doctor has always been remarkable for.

When the general convention met, no citizen of the United States could expect less from it than I did, so many jarring interests and prejudices to reconcile! The variety of pressing dangers at our doors, even during the war, were barely sufficient to force us to act in concert, and necessarily give way at times to each other. But when the great work was done and published, I was not only most agreeably disappointed, but struck with amazement. Nothing less than that superintending hand of Providence, that so miraculously carried us through the war (in my humble opinion), could have brought it about so complete, upon the whole.

The constitution recommended, in all respects, takes its rise where it ought, from the people; its President, Senate, and House of Representatives, are sufficient and wholesome checks on each other, and at proper periods are dissolved again into the common mass of the people: longer periods would probably have produced danger; shorter, tumult, instability and inefficacy. Every article of these and other essentials to a republican government, are, in my opinion, well secured; were it otherwise, not a citizen of the United States would have been more alarmed, or more early in opposition to it, than

A STEADY AND OPEN REPUBLICAN.

_Charleston, May 2d, 1788._

BIBLIOGRAPHY.

[This list is only of those essays to which some clue of authorship has been found. When written over a pen name the pseudonym is added.—_Ed._]

Brackenridge, Hugh Henry. Pittsburg Gazette.

Bryan, Samuel. “Centinel.” Independent Gazetteer.

Carroll, Daniel. “A Friend to the Constitution.” Maryland Journal.

Chase, Samuel. “Caution.” Maryland Journal.

Clinton, De Witt. “A Countryman.” New York Journal.

Clinton, George. “Cato.” New York Journal.

Coxe, Tench. “A Freeman.” Pennsylvania Gazette.

Coxe, Tench. “An American.” Independent Gazetteer.

Coxe, Tench. “A Pennsylvanian.” Pennsylvania Gazette.

Duer, William. “Philo-Publius.” Daily Advertiser.

Davie, William Richardson. “Publicola.” North Carolina State Gazette.

Dickinson, John. “Fabius.” Humphrey’s Mercury.

Ellsworth, Oliver. “A Landholder.” Connecticut Courant.

Findley, William. “An Officer of the Continental Army.” Independent Gazetteer.

Gerry, Elbridge. Massachusetts Centinel.

Gerry, Elbridge. American Herald.

Hamilton, Alexander. “Publius.” Various papers.

Hamilton, Alexander. “Cæsar.” Daily Advertiser.

Hanson, Alexander Contee. “Aristides.” Maryland Journal.

Hopkinson, Francis. “A. B.” Independent Gazetteer.

Iredell, James. “Marcus.” North Carolina State Gazette.

Jay, John. “Publius.” Various papers.

Lamb, John. “Conciliator.” New York Journal.

McKnight, Dr. Charles. “The Examiner.” Daily Advertiser.

Martin, Luther. Maryland Journal.

Madison, James. “Publius.” Various papers.

Nicholas, John. “Decius.” Virginia Independent Chronicle.

Pinckney, Charles. “A Steady and Open Republican.” State Gazette of South Carolina.

Randolph, Thomas Mann. “A Republican Federalist.” Virginia Independent Chronicle.

Roane, Spencer. “A Plain Dealer.” Virginia Independent Chronicle.

Sherman, Roger. “A Countryman.” New Haven Gazette.

Sherman, Roger. “A Citizen of New Haven.” New Haven Gazette.

Sullivan, James. “Cassius.” Massachusetts Gazette.

Tucker, St. George. “A State Soldier.” Virginia Independent Chronicle.

Williams, William. American Mercury.

Williamson, Hugh. North Carolina State Gazette.

Winthrop, James. “Agrippa.” Massachusetts Gazette.

Workman, Benjamin. “Philadelphiensis.” Independent Gazetteer.

Yates, Robert. “Brutus.” New York Journal.

Yates, Robert. “Sydney.” New York Journal.

INDEX.

“A. B.,” pseudonym of, 416.

Adams, John, 117, 231.

“Agrippa,” pseudonym of, 22, 29, 49, 417.

“American,” pseudonym of, 415.

American Herald, 123, 416.

American Mercury, 417.

American Museum, 315.

Anarchy, danger of, 15, 165;
predicted, 18.

Anti-Federalists, character of, 25.

“Aristides,” pseudonym of, 372, 416.

Aristocracy, favorers of, 5;
small danger of, 165;
southern, 258;
causes of, 298;
tendencies to, 223.

Articles of Confederation, 238;
advantages of, 77;
amendment of, 80, 98;
defects in, 255;
ease of amendment of, 117;
proposed amendment to, 84.

Baldwin, Simeon, 213.

Ballot, 305.

Baltimore, 327, 333.

Bill of rights, 28, 95, 113, 117, 119, 163, 219, 299, 320, 325, 364.

Blair, John, 162.

Bowdoin, James, 3, 6.

Brackenridge, H. H., 315, 415.

“Brutus,” pseudonym of, 269, 295, 417.

Bryan, George, 221.

Bryan, Samuel, 415.

“Cæsar,” pseudonym of, 245, 250, 279, 416.

Canada, 191;
dangers from, 157.

Capital, 262;
place for, 73, 321.

Capitation tax, 272.

“Capt. M’Daniel,” pseudonym of, 122.

Carroll, Daniel, 325, 329, 415.

Carthage, 93.

“Cassius,” pseudonym of, 1, 51, 416.

“Cato,” pseudonym of, 243, 281, 415.

“Caution,” pseudonym of, 323, 415.

“Centinel, The,” pseudonym of, 218, 415.

“Charles James Fox,” pseudonym of, 51.

Chase, Samuel, 323, 415;
promises of, 333;
speech of, 325.

Childs, Francis, 250.

“Citizen of New Haven,” pseudonym of, 229, 416.

Citizenship, 270;
rights of, 42.

Clinton, De Witt, 415.

Clinton, George, 173, 243, 281, 415.

Coinage, uniformity of, 35.

Coke, 266.

Commerce of America, 95;
inter-state, congressional power over, 118;
regulation of, 97.

Commercial treaties, power to make, 234.

“Conciliator,” pseudonym of, 416.

Congress, Continental, action on the Constitution, 253, 289;
retrospective view of, 298;
inadequate powers of, 34.

Congress, difference between state legislature and, 224;
length of session of, 239;
members of, 225;
character of, 227;
character from South, 258;
election of, 86;
privileges of, 33;
restriction on, 234;
interest of, 220;
journal of, 33;
nature of, 267;
powers of, 27, 32, 34, 41, 98;
to alienate territory, 80;
to coerce the states, 184;
over delinquent states, 358;
over citizens, 80;
over elections, 30, 37, 118, 276;
over inter-state commerce, 118;
over judiciary, 66;
over militia, 184;
law-making powers of, 45;
of taxation, 235;
over territories, 43;
over trade, 61;
representation in, 151.

Connecticut, 183, 355;
address to, 215;
constitution of, 148;
Courant, 135, 415;
convention, 178, 207;
legislature of, 219;
manufactures of, 202;
taxation in, 74, 148;
tribute to New York from, 180.

Constituents, instructions from, 28.

Constitution, a creation of power, 145, 147;
adequacy of, 35;
adopting clause of, 131, 184, 362;
advantages of, 21;
amendment of, 44, 100, 118, 200, 233, 251, 284, 334;
attempts to surprise the people with, 327;
character of opposers of, 11, 143;
comparison of, 339;
with constitution of N. Y., 297;
with English, 381;
consolidating tendencies of, 65, 69, 70, 158, 258, 297;
construction of, 43;
objections to, 25, 53, 132, 151;
definition of, 116;
despotic power of, 28;
effect of, 95;
excellence of language of, 156;
expense of, 60;
general clauses of, 83, 96, 119;
importance of, 248;
judicial power under, 39;
laws made under, 360;
merits of, 27;
new powers granted by, 238;
powers under, 153, 156, 163, 220;
opposition to, 39;
preamble of, 208;
reasons for not submitting to state legislature, 139;
reception of, 9;
rejection of, 100;
remarks on, 237, 395;
supreme law of the land, 184;
want of explicitness in, 155, 260, 265;
should be tried before amending, 235;
writers against, 12.

Convention, Federal, 238, 247, 284, 287;
appeals to the people, 140;
character of the members of, 20;
committees of, 348;
dissenting members of, 104;
harmony of, 191;
ignorance of the members of, 22;
illegal action of, 104;
irritated condition of, 367;
journals of, 347;
large vs. small states in, 355;
meetings of, 345;
meetings of members of, 355;
object of, 35;
powers of, 252, 290;
proceedings in, 130, 174, 183, 341;
secrecy of, 252, 298;
spirit of, 167;
wisdom of, 252.

Convention, second, 62, 235, 375.

Council, lack of, 162.

“Countryman, A,” pseudonym of, 211, 415, 416.

Courts, Federal, 36, 40, 83.

Courts, State, 54.

Coxe, Tench, 415.

Credit, public, 73, 197.

Creditors, public, 60;
justice to, 35.

Criminal prosecution, laws for, 67.

Daily Advertiser, 250, 279, 415, 416.

Davie, William Richardson, 415.

Debt, Continental, 60, 73, 77, 95, 97, 127.

Debtors, opposition of, to constitution, 144.

“Decius,” pseudonym of, 416.

Delaware, 163, 355.

Dickinson, John, 415.

Duer, William, 415.

Duties, 77;
Massachusetts’ share of, 84;
paid by consumers, 271;
uniformity of, 35.

Eastern states, carrying trade of, 162.

Elections, 116;
frequency of, 227;
power of Congress over, 30, 118, 276;
provisions for, 37.

Ellsworth, Oliver, 135, 415.

England, laws of, against treason, 42;
religious freedom in, 168.

Europe, governments of, 256;
treaties with, 89.

“Examiner,” pseudonym of, 18, 416.

Excise forbidden, 118.

Executive, 158, 260, 310;
advice of, 38;
blended with legislative, 240, 275;
council for, 163;
impeachment of, 39;
ineligible, after service, 234;
may be a woman, 319;
method of electing, 263;
not specified, 319;
objections to, 162;
powers of, 39, 261;
power over pardon, 234, 240;
power to convene Congress, 275;
re-eligibility of, 354, 374;
to be elected annually, 119;
under constitution, 37;
vote of, 38;
veto power of, 34.

Ex post facto law, 163.

“Fabius,” pseudonym of, 415.

Federal Government, necessity for, 141.

Federalists, aristocratic tendencies of, 89.

Findley, William, 100, 321, 415.

Fisheries, 194;
power over, 234.

Flax, 202.

Foreign influence, 103.

Foreign nations, intercourse with, 80.

Forests, value of, 194.

France, public debt to, 73.

Franchise, 226.

Frankland, 258.

Franklin, Benjamin, 23, 26, 218, 321, 370.

“Freeman,” pseudonym of, 415.

“Friend to the Constitution,” 329, 415.

Georgia, 164, 190, 259, 355.

Gerry, Elbridge, 25, 51, 53, 104, 123, 127, 130, 137, 161, 172, 182, 186,
339, 341, 350, 416;
conciliating conduct of, 174;
hypocrisy of, 174;
objections to constitutions, 132;
remarks on, 150.

Goddard, William, 341.

Government, divisions of, 116;
encroaching tendencies of, 376;
General and State linked, 153;
Greek and Roman, 55;
importance, 247;
necessity of, to society, 111;
opposition to, 24;
a strong one necessary for liberty, 147.

Great Britain, dangers from, 190;
resentment of, 89.

Habeas corpus, suspension of, 36.

Hamilton, Alexander, 245, 279, 416.

Hampshire Gazette, 5.

Hancock, John, 3, 5, 10.

Hanson, Alexander Contee, 372, 416.

Hartford, 216.

Harvard College Library, 40.

Holland, public debt due, 73.

Hopkinson, Francis, 416.

Humphrey’s Mercury, 415.

Impeachment, 39, 233, 312, 391;
in Massachusetts, 41;
methods of, 30;
powers of Senate in, 29.

Independent Chronicle, 5.

Independent Gazetteer, 218, 415, 416, 417.

India, trade with, 109.

Indian affairs, 301;
lands, 300.

Iredell, James, 416.

Jay, John, 416.

Judiciary, 54, 159, 235, 241;
appeals to, 130, 184, 361;
appointment of, 69;
dangers from, 66, 164;
federal, 83;
limits of 67, 118;
national, 309;
oppressiveness of, 159;
powers of, 96;
restrictions on federal, 119;
state, 241.

“Junius,” pseudonym of, 51.

Jury, trial by, 41, 131, 308.

“Kempis, O’Flanagan,” pseudonym of, 51.

Lamb, John, 173, 245, 416.

“Landholder, A,” 129, 135, 205, 339, 344, 415;
replies to, 123.

Land grants, power of courts over, 75.

Lands, western, 60, 63, 73.

Lansing, John, Jr., 104.

Lee, Gen. Charles, 161.

Lee, Henry, 162.

Lee, Richard Henry, 161, 177, 390.

Liberty of the press, 365.

Locke, 257.

Loyalists, opposition of, to constitution, 143.

M’Henry, James, 131, 187, 347, 350.

McKean, Thomas, 90, 100.

McKnight, Dr. Charles, 416.

MacLaughlin, Neil, 321.

Madison, 162, 231, 325, 387, 416.

Magna Charta, 219.

Maine, secession of, 257.

Manufactures in America, 201.

“Marcus,” pseudonym of, 416.

Martin, Luther, 104, 130, 137, 182, 185, 337, 416.

Maryland, 188;
convention, 327;
Legislature, petition to, 334.

Maryland Journal, 182, 323, 329, 337, 415, 416.

Mason, George, 104, 161, 164, 165, 172, 355.

Massachusetts, 258;
Constitution of, 16;
convention, 105, 187, 349;
proposed resolution for, 84;
debt of, 60;
delegates from, 29;
disadvantages of government for, 102;
early history of, 56;
feebleness of, 257;
impeachment in, 30, 41;
Legislature, action on constitution of, 17;
means of taxation of, 13;
origin of opposition in, 176;
plan to aggrandize, 182;
position of, 61;
public lands of, 63;
share of the Continental debt, 77;
taxation in, 74;
tender law of, 36, 59;
warning to, 10.

Massachusetts Centinel, 3, 123, 416.

Massachusetts Gazette, 1, 12, 18, 49, 51, 416, 417.

Mercer, James Francis, 104.

Militia, 358;
powers of Congress over, 184;
power over, 342, 354;
State control of, 118.

Minority, powers of, 33.

Monarchy, small danger of, 165.

Money, receipts and expenditures of public, 36.

Monopolies, power of Congress to create, 70;
prevention of, 80.

Montesquieu, 256, 261.

Nails, manufacture of, 202.

Naturalization, 313;
powers of Congress over, 79.

Navigation act, 161;
motion against, 173;
right to make, 234.

Netherlands, condition of, 249.

New England, manufactures of, 201.

New Hampshire, 189, 259;
interest of, 190, 192;
lands in, 75.

New Haven, 216.

New Haven Gazette, 211, 229, 416.

New Jersey, 183, 355.

New Spain, dangers from, 157.

Newspapers, scribblers in, 25.

New York against constitution, 61;
Assembly, 245;
colonial parties, 306;
constitution of, 297, 299;
violation of, 301;
draft of a constitution for, 307;
impost of, 173;
opposition in, 176;
proposed property qualification in, 307;
State convention of 1776, 298;
State debt of, 60;
Executive, 310;
taxation in, 74;
tribute from Connecticut to, 180.

New York Journal, 125, 243, 269, 293, 415, 416, 417.

Nicholas, John, 416.

North Carolina, 258.

North Carolina, State Gazette of, 395, 415, 416, 417.

Northern States, character of people of, 92.

Nova Scotia, 191;
condition of, 89.

“Numa,” pseudonym of, 5, 10.

Oath, 207, 369;
character of, 17, 168;
of President, 38.

“Ocrico,” pseudonym of, 52.

Officers, federal, privileges of, 119.

Office holders, 145;
multiplication of, 88.

“Officer of the Continental Army,” pseudonym of, 415.

“Old Fog,” pseudonym of, 3.

Paper money, 127, 131, 196, 341, 348;
motion to redeem, 174, 186;
states to emit, 119.

Parties, colonial, 306.

People, dangers from, 179;
not to elect representatives, 183;
rights of, 115.

Pennsylvania, 369;
Assembly, 53, 369;
Convention of, 90, 100;
future seat of government, 98;
naturalization in, 79;
opposition in, 176.

Pennsylvania Gazette, 415.

“Pennsylvanian,” pseudonym of, 415.

“Philadelphiensis,” pseudonym of, 417.

“Philo-Publius,” pseudonym of, 415.

Pinckney, C. C., 183.

Pinckney, Charles, 416.

Pittsburg Gazette, 317, 415.

“Plain Dealer, A,” pseudonym of, 385, 416.

Poll tax, 272;
forbidden, 118.

Population, destiny of, 193.

Press, liberty of, 164, 239.

Prices, depressed state of, 142.

Private opinion, freedom of, 170.

“Publicola,” pseudonym of, 415.

“Publius,” pseudonym of, 145, 416.

Quorum, dangers from, 32;
powers of, 33.

Randolph, Edmund, 104, 231, 346, 387.

Randolph, Thomas Mann, 416.

Religion, freedom of, 168, 313;
misuse of, 8.

Religious test, 207, 235;
nature of, 169;
necessity of, 168.

Representation, 54, 269, 391;
best mode of, 151;
difference of opinion concerning, 354;
smallness of, 236, 240;
want of, 151.

Representatives, House of, 54;
electors of, 28;
insufficiency of, 29;
length of residence necessary, 28;
method of choosing, 152;
method of electing, 27, 357;
people should not elect, 183;
term of, 28;
weakness of, 273.

Republics, Greek and Roman, 94.

“Republican Federalist,” pseudonym of, 416.

Republican government, guarantee of, 43, 106.

Revenue bills, origination of, 34.

Revenue, method of collecting, 193;
Massachusetts’ share of, 102;
sources of, 239.

Revolution, the American, 146.

Rhode Island, 105, 108, 115, 159, 196;
junto in, 153;
legislature of, 31, 36.

Rights, delegated, 113.

Roane, Spencer, 385, 416.

Russell, Benjamin, 127.

Scotland, union with England, 216.

Senate, 29, 273;
blended with Executive, 275;
method of choosing, 153;
officers of, 29;
powers of impeachment, 29;
treaty power of, 165, 274;
unspecified character of, 319.

Shay’s Rebellion, 5, 13, 57, 72, 157, 159, 257, 391.

Sheep raising, 201.

Sherman, Roger, 183, 211, 229, 416.

Shipbuilding, 61, 194;
carpenters, 61.

Slavery, 258;
responsibility for, 163.

Slaves, importation of, 163.

Smilie, John, 100, 321.

Smith, Melancthon, 173.

South Carolina, 164, 183, 265, 355;
amendment of, 235;
representation in, 108.

Southern States, character of people of 92;
objections to commercial powers, 162.

“Spectator,” pseudonym of, 326.

States, coercion of, 184;
influences, 297;
courts, 54, 159;
absorption of, 297;
dangers to, 153;
destruction of, 342;
powers of, 98;
negative on laws, 360;
legislatures, action of, on constitution, 25;
Congress a check on, 31;
differences between Congress and, 224;
powers of, 152;
power over elections, 31;
representation in, 152;
officers, dangers from, 289;
restrictions on, 36;
rights, 68, 113, 118, 147, 184;
admission of new, 42;
advantages of, 66;
bills of right valid in federal courts, 119;
consolidation of, 97, 255;
destruction of, 375;
disputes between, 64, 100;
equality of, in Senate, 29;
interest of, 215;
large vs. small, 216, 355;
number to organize government, 184;
rights to enforce laws of, 118.

State Gazette of North Carolina, 395.

State Gazette of South Carolina, 416.

State house, 355.

“State Soldier,” pseudonym of, 417.

“Steady and Open Republican,” pseudonym of, 416.

“Steady,” pseudonym of, 326.

Strong, Caleb, 105.

Sullivan, James, 1, 416.

“Sydney,” pseudonym of, 269, 293, 417.

Tax, poll, 273.

Taxation, 156, 193;
dangers of, 81;
direct, 235, 270;
importance of, 271;
in Connecticut, 148, 226;
method of, 77, 358;
powers of Congress over, 97.

Tender acts, 36, 59, 196.

Territory, right to alienate, 80, 118, 234.

Test law, 169, 171, 207, 235.

Town meetings, 226.

Trade, 61;
condition of, 140;
congressional control over, 161;
foreign, 95;
limitations of, 54;
Massachusetts’ advantage for, 73;
powers of Congress over, 79;
regulation of, 70.

Trading companies, 70, 109;
forbidden, 118.

Treason, punishment of, 41.

Treaty power, dangers from, 165.

Treaties, law of the land, 24;
with Europe, 89.

Tucker, St. George, 417.

United States, an agricultural country, 200;
condition of, 81, 121, 158;
dangers to, 178;
differences between the inhabitants of, 91;
too large for government, 257;
tranquillity of, 59.

Vermont, 258.

Vice-president, 240, 263;
duties of, 158.

Virginia, 162, 390;
house of delegates of, 166;
plan to aggrandize, 182;
qualifications of, 306;
method of, 305;
opposition in, 176.

Virginia Gazette, 387.

Virginia Independent Chronicle, 385, 416, 417.

“Vox Populi,” pseudonym of, 12, 16, 18.

Washington, George, 23, 26, 161, 177, 218, 251, 254, 285, 321, 347, 370.

West Indies, condition of, 89.

Western territory, 239.

Willetts, Marinus, 173.

Williams, William, 137, 168, 195, 202, 417.

Williamson, Hugh, 395, 417.

Wilson, James, 90, 96, 100, 112, 218, 335.

Winthrop, James, 40, 49, 417.

Woolen manufactures, 201.

Workman, Benjamin, 417.

Yates, Robert, 104, 173, 269, 293, 417.

FOOTNOTES

1 A writer then attacking the Hancock party. See _The Independent
Chronicle_ for Aug. 23, and Sept. 15, 20, 1787. _Ed._

2 Shay’s Rebellion. _Ed._

3 Massachusetts newspapers published in Northampton and Boston. _Ed._

4 The administration of Governor Bowdoin. _Ed._

5 The author of the productions under the signature of Numa, it is
said, is a gentleman of the cloth, in one of the Western counties.

6 John Hancock. _Ed._

7 A writer in the _Massachusetts Gazette_, Oct. 30, Nov. 6, 13, 16,
and 23. _Ed._

8 The Legislature of Massachusetts was then so styled. _Ed._

9 In the _Massachusetts Gazette_, for Nov. 2, 9, and 20, 1787. _Ed._

10 See the letters of Agrippa in this work. _Ed._

11 Probably Elbridge Gerry, delegate from Massachusetts to the Federal
Convention. _Ed._

12 Anti-federal scribblers in the Mass. Gazette.

13 Referring to Rhode Island. _Ed._

14 Harvard University Library, of which James Winthrop was
librarian.—_Ed._

15 Said to be by James Winthrop. See the letters, printed herein.—_Ed._

16 Printed in _Elliot_, I, 492.—_Ed._

17 “An Address of the subscribers, members of the late Houses of
Representatives of the Commonwealth of Pennsylvania, to their
constituents,” printed in the _Pennsylvania Packet_, Oct. 4,
1787.—_Ed._

18 Referring to Shay’s rebellion.—_Ed._

19 Act of 1786, providing that executions issued for private debt may
be satisfied by articles particularly enumerated, at an appraised
value from impartial men.—_Ed._

20 No attempt had been made by Massachusetts for several years to pay
the interest on its debt, except by the State Treasurer’s issuing
“consolidated notes” or “certificates” of indebtedness, bearing 6
per cent. interest. Though these were by law receivable for taxes,
they had sold as low as 4/ in the pound.—_Ed._

21 The sales to the Ohio Company.—_Ed._

22 By Act of July 5, 1786.—_Ed._

23 Probably an allusion to the Phelps and Gorham purchase.—_Ed._

24 An allusion to the proceedings in the Convention of
Pennsylvania.—_Ed._

25 Cf. with page 85.—_Ed._

26 Robert Yates, John Lansing, Jr., Luther Martin, James Francis
Mercer, Edmund Randolph, George Mason, and Elbridge Gerry.—_Ed._

27 The speech of Caleb Strong in the State Convention, Jan. 16,
1788.—_Ed._

28 Delivered Oct. 6, 1787. Printed in _Ford’s Pamphlets on the
Constitution_, p. 155.—_Ed._

29 No record of this is given in the _Debates in the Massachusetts
Convention_.—_Ed._

30 Printed in _Elliot_, I, 492.—_Ed._

31 Printed in Ford’s _Pamphlets on the Constitution_, p. 327.

32 Richard Henry Lee.

33 Saturday, September 15. See _Papers of James Madison_, III., 1593.

34 The paragraph containing Mason’s objection to the mere majority
power of Congress to regulate commerce, was included in all the
southern papers, but omitted in copies furnished to the papers north
of Maryland.—_Ed._

35 Mason proposed in the convention that the President should have a
privy council of six.—_Ed._

36 This is an error. It was moved by Mason and seconded by Gerry. Cf.
_Papers of James Madison, III._, 1578.

37 See letter of William Williams in this collection.—_Ed._

38 John Lamb, Marinus Willetts, Melancthon Smith, George Clinton and
Robert or Abraham Yates, the principal anti-federalists of New
York.—_Ed._

39 See counter-statements of Gerry and Martin in their answers.—_Ed._

40 Cf. _Papers of James Madison_, III, 1595.

41 The Convention of Connecticut, which was to meet Jan. 4.—_Ed._

42 The Landholder, IV-VIII, were reprinted in _The Maryland Journal_,
and the attack on Gerry in them, drew from Luther Martin a defence
of that gentleman, which is printed in this collection. To that the
Landholder replied as above, but this one of the series was not
printed in _The Connecticut Courant_, its place being taken by the
number X., printed immediately after this letter.—_Ed._

43 June 9.—_Ed._

44 This is a misstatement. The motion to elect representatives as the
state legislature should direct was made by C. C. Pinckney, was
seconded by Martin, and approved of by Sherman, and on being put to
a vote was favored by Connecticut, New Jersey, Delaware and South
Carolina. Cf. _Papers of James Madison_, II., 925.—_Ed._

45 Mr. Gerry agreed with Mr. Martin on these questions.

46 By direction of the General Assembly of Maryland, Martin reported
the proceedings of the federal Convention to them, and this was
afterwards printed in pamphlet form under the title of _Genuine
Information_.—_Ed._

47 June 9, according to Madison, the _Journal_ and Martin’s _Genuine
Information_.—_Ed._

48 Gerry, though defeated in an election to the Massachusetts
Convention, was invited by them to attend, in order to furnish
information to the members.—_Ed._

49 To prevent any misconstruction the following is the publication
entire:

(This note is by the Landholder, and is followed by the article
already printed at p. 127. It therefore seems unnecessary to add it
here.—_Ed._)

I will not say this writer makes a distinction between a thing done
in convention and a thing done in committee. Be this as it may, he
confesses more than Mr. Martin; for it seems that Mr. Gerry proposed
that “the public debt should stand on the same ground it now stands
on by the articles of confederation.” He might have subjoined that
Mr. Gerry prefaced this motion by observing that it was the same in
substance as his first, in as much as it included his first. But
notwithstanding this motion was readily agreed to without his
explanation being contradicted, yet he never afterwards favoured the
convention with a look of peace, or a word of reconcilement.

50 The convention of New Hampshire had met on the 13 of June, and after
a discussion of seven days, had adjourned without voting upon the
constitution.—_Ed._

51 See Letter of William Williams in this Collection.—_Ed._

52 This is a paraphrase of the arguments of “The Centinel” in _The
Independent Gazetteer_.—ED.

53 An attempt had been made in Congress, by the friends of the new
government, for Congress to recommend its acceptance, but this
produced protest from those opposed to it, and threats of an appeal
to the people, so in order to prevent such action a compromise was
eventually made, by which it was merely unanimously “transmitted to
the several legislatures.”—_Ed._

54 A series of articles in the _New York Journal_, written by Robert
Yates.—_Ed._

55 John Smilie, a prominent Anti-Federalist.—_Ed._

56 William Livingston.—_Ed._

57 See _Ante_, pages 182 and 189.—_Ed._

58 The Maryland Delegates to the Federal Convention were required by
the legislature to report the proceedings of that body to them, and
it was in this connection that Martin’s _Genuine Information_ was
prepared.—_Ed._

59 According to this idea, I endeavored to obtain as an amendment to
the system the following clause: “And whenever the legislature of
the United States shall find it necessary that revenue shall be
raised by direct taxation, having apportioned 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 same in the state failing therein.” This was
rejected, and that power, which I wished to have given the
government only in this particular instance, is given to it without
any restraint or limitation in every case.

60 How exactly agreeable to the sentiments of that honourable member
has been the conduct of the friends of the Constitution in
Pennsylvania and some other states, I need not mention.

61 A reference to Alexander Contee Hanson’s pamphlet, written under the
pseudonym of Aristides. It is reprinted in Ford’s _Pamphlets on the
Constitution_.—_Ed._

62 Printed in _Elliot_, 1, 503.—_Ed._

63 Williamson was a member of the Federal Convention.—_Ed._

64 Following this article was an essay from a New York paper.—_Ed._

65 See page 339.—_Ed._