Chapter XVI: Letter IV: October 12th, 1787 (3)

The subject of a standing army has been exhausted in so masterly a manner in two or three numbers of the Federalist (a work which I hope will soon be in every body’s hands) that but for the sake of regularity in answering Mr. Mason’s objections, I should not venture upon the same topic, and shall only presume to do so, with a reference for fuller satisfaction to that able performance. It is certainly one of the most delicate and proper cases for the consideration of a free people, and so far as a jealousy of this kind leads to any degree of caution not incompatible with the public safety, it is undoubtedly to be commended. Our jealousy of this danger has descended to us from our British ancestors; in that country they have a Monarch, whose power being limited, and at the same time his prerogatives very considerable, a constant jealousy of him is both natural and proper. The two last of the Stuarts having kept up a considerable body of standing forces in time of peace for the clear and almost avowed purpose of subduing the liberties of the people, it was made an article of the bill of rights at the revolution, “That the raising or keeping a standing army within the kingdom in time of peace, unless it be with the consent of Parliament, is against law;” but no attempt was made, or I dare say even thought of, to restrain the Parliament from exercise of that right. An army has been kept on foot annually by authority of Parliament, and I believe ever since the revolution they have had some standing troops; disputes have frequently happened about the number, but I don’t recollect any objection by the most zealous patriot, to the keeping up of any at all. At the same time, notwithstanding the above practice of an annual vote (arising from a very judicious caution), it is still in the power of Parliament to authorize the keeping up of any number of troops for an indefinite time, and to provide for their subsistence for any number of years. Considerations of prudence, not constitutional limits to their authority, alone restrain such an exercise of it—our Legislature however will be strongly guarded, though that of Great Britain is without any check at all. No appropriations of money for military services can continue longer than two years. Considering the extensive services the general government may have to provide for upon this vast continent, no forces with any serious prospect of success could be attempted to be raised for a shorter time. Its being done for so short a period, if there were any appearance of ill designs in the government, would afford time enough for the real friends of their country to sound an alarm, and when we know how easy it is to excite jealousy of any government, how difficult for the people to distinguish from their real friends, those factious men who in every country are ready to disturb its peace for personal gratifications of their own, and those desperate ones to whom every change is welcome, we shall have much more reason to fear that the government may be overawed by groundless discontents, than that it should be able, if contrary to every probability such a government could be supposed willing, to effect any designs for the destruction of their own liberties as well as those of their constituents; for surely we ought ever to remember, that there will not be a man in the government but who has been either mediately or immediately recently chosen by the people, and that for too limited a time to make any arbitrary designs consistent with common sense, when every two years a new body of representatives with all the energy of popular feelings will come, to carry the strong force of a severe national control into every department of government. To say nothing of the one-third to compose the Senate coming at the same time, warm with popular sentiments, from their respective assemblies. Men may be sure to suggest dangers from any thing, but it may truly be said that those who can seriously suggest the danger of a premeditated attack on the liberties of the people from such a government as this, could with ease assign reasons equally plausible for mistrusting the integrity of any government formed in any manner whatever; and really it does seem to me, that all their reasons may be fairly carried to this position, that inasmuch as any confidence in any men would be unwise, as we can give no power but what may be grossly abused, we had better give none at all, but continue as we are, or resolve into total anarchy at once, of which indeed our present condition falls very little short. What sort of a government would that be which, upon the most certain intelligence that hostilities were meditated against it, could take no method for its defence till after a formal declaration of war, or the enemy’s standard was actually fixed upon the shore? The first has for some time been out of fashion, but if it had not, the restraint these gentlemen recommend, would certainly have brought it into disuse with every power who meant to make war upon America. They would be such fools as to give us the only warning we had informed them we would accept of, before we would take any steps to counteract their designs. The absurdity of our being prohibited from preparing to resist an invasion till after it had actually taken place(78) is so glaring, that no man can consider it for a moment without being struck with astonishment to see how rashly, and with how little consideration gentlemen, whose characters are certainly respectable, have suffered themselves to be led away by so delusive an idea. The example of other countries, so far from warranting any such limitation of power, is directly against it. That of England has already been particularly noticed. In our present articles of confederation there is no such restriction. It has been observed by the Federalist, that Pennsylvania and North Carolina appear to be the only States in the Union which have attempted any restraint of the Legislative authority in this particular, and that their restraint appears rather in the light of a caution than a prohibition; but notwithstanding that, Pennsylvania had been obliged to raise forces in the very face of that article of her bill of rights. That great writer from the remoteness of his situation, did not know that North Carolina had equally violated her bill of rights in a similar manner. The Legislature of that State in November, 1785, passed an act for raising 200 men for the protection of a county called Davidson county against hostilities from the Indians; they were to continue for _two years_ from the time of their first rendezvous, unless sooner disbanded by the Assembly, and were to be subject to the same “rules with respect to their government as were established in the time of the late war by the Congress of the United States for the government of the Continental army.” These are the very words of the act. Thus, from the examples of the only two countries in the world that I believe ever attempted such a restriction, it appears to be a thing incompatible with the safety of government. Whether their restriction is to be considered as a caution or a prohibition, in less than five years after peace the caution has been disregarded, or the prohibition disobeyed.(79) Can the most credulous or suspicious men require stronger proof of the weakness and impolicy of such restraints?

IX. OBJECTION.

“The State Legislatures are restrained from laying export duties on their own produce.”

ANSWER.

Duties upon exports, though they may answer in some particulars a convenience to the country which imposes them, are certainly not things to be contended for, as if the very being of a State was interested in preserving them. Where there is a kind of monopoly they may sometimes be ventured upon, but even there perhaps more is lost by imposing such duties, than is compensated for by any advantage. Where there is not a species of monopoly, no policy can be more absurd. The American States, are so circumstanced that some of the States necessarily export part of the produce of neighboring ones. Every duty laid upon such exported produce operates in fact as a tax by the exporting State upon the non-exporting State. In a system expressly formed to produce concord among all, it would have been very unwise to have left such a source of discord open; and upon the same principle, and to remove as much as possible every ground of discontent, Congress itself are prohibited from laying duties on exports, because by that means those States which have a great deal of produce to export would be taxed much more heavily than those which had little or none for exportation.

X. OBJECTION.

“The general Legislature is restrained from prohibiting the further importation of slaves for twenty odd years, though such importation renders the United States weaker, more vulnerable; and less capable of defence.”

ANSWER.

If all the States had been willing to adopt this regulation, I should as an individual most heartily have approved of it, because even if the importation of slaves in fact rendered us stronger, less vulnerable and more capable of defence, I should rejoice in the prohibition of it, as putting an end to a trade which has already continued too long for the honor and humanity of those concerned in it. But as it was well known that South Carolina and Georgia thought a further continuance of such importations useful to them, and would not perhaps otherwise have agreed to the new constitution, those States which had been importing till they were satisfied, could not with decency have insisted upon their relinquishing advantages themselves had already enjoyed. Our situation makes it necessary to bear the evil as it is. It will be left to the future legislatures to allow such importations or not. If any, in violation of their clear conviction of the injustice of this trade, persist in pursuing it, this is a matter between God and their own consciences. The interests of humanity will, however, have gained something by the prohibition of this inhuman trade, though at a distance of twenty odd years.

XI. OBJECTION.

“Both the general Legislature and the State Legislatures, have expressly prohibited making _ex post facto_ laws, though there never was, nor can be, a legislature but must and will make such laws, when necessity and the public safety require them; which will hereafter be a breach of all the constitutions in the Union, and offer precedents for other innovations.”

ANSWER.

My ideas of liberty are so different from those of Mr. Mason, that in my opinion this very prohibition is one of the most valuable parts of the new constitution. _Ex post facto_ laws may sometimes be convenient, but that they are ever absolutely necessary I shall take the liberty to doubt, till that necessity can be made apparent. Sure I am, they have been the instrument of some of the grossest acts of tyranny that were ever exercised, and have this never failing consequence, to put the minority in the power of a passionate and unprincipled majority, as to the most sacred things, and the plea of necessity is never wanting where it can be of any avail. This very clause, I think, is worth ten thousand declarations of rights, if this, the most essential right of all, was omitted in them. A man may feel some pride in his security, when he knows that what he does innocently and safely to-day in accordance with the laws of his country, cannot be tortured into guilt and danger to-morrow. But if it should happen, that a great and overruling necessity, acknowledged and felt by all, should make a deviation from this prohibition excusable, shall we not be more safe in leaving the excuse for an extraordinary exercise of power to rest upon the apparent equity of it alone, than to leave the door open to a tyranny it would be intolerable to bear? In the one case, every one must be sensible of its justice, and therefore excuse it; in the other, whether its exercise was just or unjust, its being lawful would be sufficient to command obedience. Nor would a case like that, resting entirely on its own bottom, from a conviction of invincible necessity, warrant an avowed abuse of another authority, where no such necessity existed or could be pretended.

I have now gone through Mr. Mason’s objections; one thing still remains to be taken notice of, his prediction, which he is pleased to express in these words: “This government will commence in a moderate aristocracy; it is at present impossible to foresee, whether it will in its operation produce a monarchy, or a corrupt, oppressive aristocracy; it will most probably vibrate some years between the two, and then terminate in the one or the other.” From the uncertainty of this prediction, we may hope that Mr. Mason was not divinely inspired when he made it, and of course that it may as fairly be questioned as any of his particular objections. If my answers to his objections are, in general, solid, a very different government will arise from the new constitution, if the several States should adopt it, as I hope they will. It will not probably be too much to flatter ourselves with, that it may present a spectacle of combined strength in government, and genuine liberty in the people, the world has never yet beheld. In the meantime, our situation is critical to the greatest degree. Those gentlemen who think we may at our ease go on from one convention to another, to try if all objections cannot be conquered by perseverance, have much more sanguine expectations than I can presume to form. There are critical periods in the fate of nations, as well as in the life of man, which are not to be neglected with impunity. I am much mistaken if this is not such a one with us. When we were at the very brink of despair, the late excellent Convention with a unanimity that none could have hoped for, generously discarding all little considerations formed a system of government which I am convinced can stand the nicest examination, if reason and not prejudice is employed in viewing it. With a happiness of thought, which in our present awful situation ought to silence much more powerful objections than any I have heard, they have provided in the very frame of government a safe, easy and unexceptionable method of correcting any errors it may be thought to contain. Those errors may be corrected at leisure; in the mean time the acknowledged advantages likely to flow from this constitution may be enjoyed. We may venture to hold up our head among the other powers of the world. We may talk to them with the confidence of an independent people, having strength to resent insults; and avail ourselves of our natural advantages. We may be assured of once more beholding justice, order and dignity taking place of the present anarchical confusion prevailing almost every where, and drawing upon us universal disgrace. We may hope, by proper exertions of industry, to recover thoroughly from the shock of the late war, and truly to become an independent, great and prosperous people. But if we continue as we now are, wrangling about every trifle, listening to the opinion of a small minority, in preference to a large and most respectable majority of the first men in our country, and among them some of the first in the world, if our minds in short are bent rather on indulging a captious discontent, than bestowing a generous and well-placed confidence in those who we have every reason to believe are entirely worthy of it, we shall too probably present a spectacle for malicious exultation to our enemies, and melancholy dejection to our friends; and the honor, glory and prosperity which were just within our reach, will perhaps be snatched from us for ever.

MARCUS.

_January, 1788._

An / Address / to the / Freemen / of / South Carolina, / on the subject of the / Federal Constitution, / Proposed by the Convention, which met in / Philadelphia, May, 1787. / Charleston, / Printed by Bowen and Co., No. 31, Bay.

16 mo., pp. 12.

Written by Dr. David Ramsay, member of the Continental Congress
and of the South Carolina State Convention which ratified the
Constitution.

_Friends, Countrymen, and Fellow Citizens_:

You have, at this time a new federal constitution proposed for your consideration. The great importance of the subject demands your most serious attention. To assist you in forming a right judgment on this matter, it will be proper to consider,

1st. It is the manifest interest of these states to be united. Internal wars among ourselves, would most probably be the consequence of disunion. Our local weakness particularly proves it to be for the advantage of South Carolina to strengthen the federal government; for we are inadequate to secure ourselves from more powerful neighbours. [4]

2d. If the thirteen states are to be united in reality, as well as in name, the obvious principle of the union will be, that the congress, or general government, should have power to regulate all general concerns. In a state of nature, each man is free, and may do what he pleases: but in society, every individual must sacrifice a part of his natural rights; the minority must yield to the majority, and the collective interest must control particular interests. When thirteen persons constitute a family, each should forego everything that is injurious to the other twelve. When several families constitute a parish, or county, each may adopt what regulations it pleases with regard to its domestic affairs, but must be abridged of that liberty in other cases, where the good of the whole is concerned.

When several parishes, counties, or districts, form a state, the separate interests of each must yield to the collective interest of the whole. When several states combine in one government, the same principles must be observed. These relinquishments of natural rights, are not real sacrifices: each person, county, or state, gains more than it loses, for it only gives up a right of injuring others, and obtains in return aid and strength to secure itself in the peaceable enjoyment of all remaining rights. If then we are to be an united people, and the obvious ground of union must be, that all continental concerns should be managed by Congress—let us by those principles examine the new constitution. Look over the 8th section, which enumerates the powers of Congress, and point out one that is not essential on the before recited principles of union. The first is a power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the [5] common defence and general welfare of the United States.

When you authorised Congress to borrow money, and to contract debts, for carrying on the late war, you could not intend to abridge them of the means of paying their engagements, made on your account. You may observe that their future power is confined to provide _common defence and general welfare_ of the United States. If they apply money to any other purposes, they exceed their powers. The people of the United States who pay, are to be judges how far their money is properly applied. It would be tedious to go over all the powers of Congress, but it would be easy to show that they all may be referred to this single principle, “that the general concerns of the union ought to be managed by the general government.” The opposers of the constitution cannot show a single power delegated to Congress, that could be spared consistently with the welfare of the whole, nor a single one taken from the states, but such as can be more advantageously lodged in the general government, than in that of the separate states.

For instance, the states cannot emit money: This is not intended to prevent the emission of paper money, but only of state paper money. Is not this an advantage? To have thirteen paper currencies in thirteen states is embarrassing to commerce, and eminently so to travellers. It is _therefore_, obviously our interest, either to have no paper, or such as will circulate from Georgia to New Hampshire. Take another instance—the Congress are authorized to provide and maintain a navy.—Our sea-coast, in its whole extent needs the protection thereof; but if this was to be done [6] by the states, they who build ships, would be more secure than they who do not. Again, if the local legislatures might build ships of war at pleasure, the Eastern would have a manifest superiority over the Southern states. Observe, how much better this business is referred to the regulations of Congress. A common navy, paid out of the common treasury, and to be disposed of by the united voice of a majority for the common defence of the weaker as well as of the stronger states, is promised, and will result from the federal constitution. Suffer not yourselves to be imposed on by declamation. Ask the man who objects to the powers of Congress two questions, _is_ it not necessary that the supposed dangerous power should be lodged somewhere? And secondly, where can it be lodged, consistently with the general good, so well as in the general government? Decide for yourselves on these obvious principles of union.

It has been objected, that the eastern states have an advantage in their representation in Congress. Let us examine this objection—the four eastern states send seventeen members to the house of representatives, but Georgia, South-Carolina, North-Carolina and Virginia, send twenty-three. The six northern states send twenty-seven, the six southern thirty. In both cases, we have a superiority;—but, say the objectors, add Pennsylvania to the northern states, and there is a majority against us. It is obvious to reply, add Pennsylvania to the southern states, and they have a majority. The objection amounts to no more than that seven are more than six. It must be known to many of you, that the Southern states, from their vast extent of uncultivated country, are daily receiving new settlers; but in New England their country is [7] so small, and their land so poor, that their inhabitants are constantly emigrating. As the rule of representation in Congress is to vary with the number of inhabitants, our influence in the general government will be constantly increasing. In fifty years, it is probable that the Southern states will have a great ascendancy over the Eastern. It has been said that thirty-five men, not elected by yourselves, may make laws to bind you. This objection, if it has any force, tends to the destruction of your state government. By our constitution, sixty-nine make a quorum; of course, thirty-five members may make a law to bind all the people of South-Carolina.—Charleston, and any one of the neighboring parishes send collectively thirty-six members; it is therefore possible, in the absence of all others, that three of the lower parishes might legislate for the whole country. Would this be a valid objection against your own constitution? It certainly would not—neither is it against the proposed federal plan. Learn from it this useful lesson—insist on the constant attendance of your members, both in the state assembly, and Continental Congress; your representation in the latter, is as numerous in a relative proportion with the other states as it ought to be. You have a thirteenth part in both houses; and you are not, on principles of equality, entitled to more.

It has been objected, that the president, and two-thirds of the senate, though not of your election, may make treaties binding on the state. Ask these objectors—do you wish to have any treaties? They will say yes. Ask then who can be more properly trusted with the power of making them, than they to whom the convention have referred it? Can the state legislature? They would con- [8] sult their local interests.—Can the Continental House of Representatives? When sixty-five men can keep a secret, they may.—Observe the cautious guards which are placed round your interests. Neither the senate nor president can make treaties by their separate authority.—They must both concur.—This is more in your favour than the footing on which you now stand. The delegates in Congress of nine states, without your consent, can now bind you; by the new constitution there must be two-thirds of the members present, and also the president, in whose election you have a vote. Two-thirds are to the whole, nearly as nine to thirteen. If you are not wanting to yourselves by neglecting to keep up the state’s compliment of senators, your situation with regard to preventing the controul of your local interests by the Northern states, will be better under the proposed constitution than it is now under the existing confederation.

It has been said, we will have a navigation act, and be restricted to American bottoms, and that high freight will be the consequence. We certainly ought to have a navigation act, and we assuredly ought to give a preference, though not a monopoly, to our own shipping.

If this state is invaded by a maritime force, to whom can we apply for immediate aid?—To Virginia and North-Carolina? Before they can march by land to our assistance, the country may be overrun. The Eastern states, abounding in men and in ships, can sooner relieve us, than our next door neighbours. It is therefore not only our duty, but our interest to encourage their shipping. They have sufficient resources on a few months notice, to furnish tonnage enough to carry off all your exports; and they can afford, and doubtless will undertake [9] to be your carriers on as easy terms as you now pay for freight in foreign bottoms.

On this subject, let us consider what we have gained, also what they have lost, by the revolution. We have gained a free trade with all the world, and consequently a higher price for our commodities; it may be said, and so have they. But they who reply in this manner, ought to know, that there is an amazing difference in our favour; their country affords no valuable exports, and of course the privilege of a free trade is to them of little value, while our staple commodity commands a higher price than was usual before the war. We have also gained an exemption from quit-rents, to which the eastern states were not subjected. Connecticut and Rhode Island were nearly as free before the revolution as since. They had no royal governor or councils to controul them, or to legislate for them. Massachusetts and New Hampshire were much nearer independence in their late constitution than we were. The eastern states, by the revolution, have been deprived of a market for their fish, of their carrying trade, their ship-building, and almost of every thing but their liberties.

As the war has turned out so much in our favour, and so much against them, ought we to grudge them the carrying of our produce, especially when it is considered, that by encouraging their shipping, we increase the means of our own defence? Let us examine also the federal constitution, by the principles of reciprocal concession. We have laid a foundation for a navigation act. This will be a general good; but particularly so to our northern brethren. On the other hand, they have agreed to change the federal rule of paying the continental debt, according to the value of land, as laid down in the confede- [10] ration, for a new principle of apportionment, to be founded on the numbers of inhabitants in the several states respectively. This is an immense concession in our favour. Their land is poor; our’s rich; their numbers great; our’s small; labour with them is done by white men, for whom they pay an equal share; while five of our negroes only count as equal to three of their whites. This will make a difference of many thousands of pounds in settling our continental accounts. It is farther objected, that they have stipulated for a right to prohibit the importation of negroes after 21 years. On this subject observe, as they are bound to protect us from domestic violence, they think we ought not to increase our exposure to that evil, by an unlimited importation of slaves. Though Congress may forbid the importation of negroes after 21 years, it does not follow that they will. On the other hand, it is probable that they will not. The more rice we make, the more business will be for their shipping; their interest will therefore coincide with our’s. Besides, we have other sources of supply—the importation of the ensuing 20 years, added to the natural increase of those we already have, and the influx from our northern neighbours, who are desirous of getting rid of their slaves, will afford a sufficient number for cultivating all the lands in this state.

Let us suppose the union to be dissolved by the rejection of the new constitution, what would be our case? The united states owe several millions of dollars to France, Spain, and Holland. If an efficient government is not adopted, which will provide for the payment of our debt, especially of that which is due to foreigners—who will be the losers? Most certainly the southern states. Our ex- [11] ports, as being the most valuable, would be the first objects of capture on the high seas, or descents would be made on our defenceless coasts, till the creditors of the United States had paid themselves at the expense of this weaker part of the union. Let us also compare the present confederation with the proposed constitution. The former can neither protect us at home, nor gain us respect abroad; it cannot secure the payment of our debts, nor command the resources of our country, in case of danger. Without money, without a navy, or the means of even supporting an army of our own citizens in the field, we lie at the mercy of every invader; our seaport towns may be laid under contribution, and our country ravaged.

By the new constitution, you will be protected with the force of the union, against domestic violence and foreign invasion. You will have a navy to defend your coast.—The respectable figure you will make among the nations, will so far command the attention of foreign powers, that it is probable you will soon obtain such commercial treaties, as will open to your vessels the West-India islands, and give life to your expiring commerce.

In a country like our’s, abounding with free men all of one rank, where property is equally diffused, where estates are held in fee simple, the press free, and the means of information common, tyranny cannot reasonably find admission under any form of government; but its admission is next to impossible under one where the people are the source of all power, and elect either mediately by their representatives, or immediately by themselves the whole of their rulers.

Examine the new constitution with candor and liberality. Indulge no narrow prejudices to the disadvantage of your brethren of the [12] other states; consider the people of all the thirteen states, as a band of brethren, speaking the same language, professing the same religion, inhabiting one undivided country, and designed by heaven to be one people. Content that what regards all the states should be managed by that body which represents all of them; be on your guard against the misrepresentations of men who are involved in debt; such may wish to see the constitution rejected, because of the following clause, “no state shall emit bills of credit, make any thing but gold and silver coin, a tender in payment of debts, pass any _expost facto_ law, or law impairing the obligation of contracts.” This will doubtless bear hard on debtors who wish to defraud their creditors, but it will be real service to the honest part of the community. Examine well the characters and circumstances of men who are averse to the new constitution. Perhaps you will find that the above recited clause is the real ground of the opposition of some of them, though they may artfully cover it with a splendid profession of zeal for state privileges and general liberty.

On the whole, if the proposed constitution be not calculated to better your country, and to secure to you the blessings for which you have so successfully contended, reject it: but if it be an improvement on the present confederation, and contains within itself the principles of farther improvement suited to future circumstances, join the mighty current of federalism, and give it your hearty support. You were among the first states that formed an independent constitution; be not among the last in accepting and ratifying the proposed plan of federal government; it is your sheet anchor; and without it independence may prove a curse.

CIVIS.

BIBLIOGRAPHY
AND
REFERENCE LIST
OF THE
HISTORY AND LITERATURE
OF THE
UNITED STATES CONSTITUTION
1787-1788.

NOTE.

The titles in the following list are arranged alphabetically, by the authors or editors names if known, or by the first word of the title, omitting participles, with the exception of the editions of the Constitution, which are brought together under that head, and the debates and journals of the State Conventions, which are placed under each State.

The initials which precede the numbers at the end of the description, indicate certain public libraries in which the work may be consulted.

A. signifies Astor Library.
A. A. S. “ Am. Antiquarian Society Library.
B. “ Boston Public Library.
B. A. “ Boston Athenæum Library.
B. M. “ British Museum Library.
C. “ Library of Congress.
H. “ Library of Harvard University.
M. “ Mass. Historical Society Library.
N. “ N. Y. Historical Society Library.
P. “ Library Company of Philadelphia.
P. H. S. “ Penn. Historical Society Library.
S. “ New York State Library.
S. D. “ Department of State Library.
... “ A line omitted in the title.
..... “ Two or more lines omitted in the title.
+ “ That what is omitted is already sufficiently given
in title of previous edition.

The numbers attached to certain titles in the reference list are cross references to the same title in the bibliography.

I am under obligation to Mr. C. A. Cutter, Mr. W. Eames, Mr. William Kelby, Mr. E. M. Barton and Mr. Bumford Samuels, for aid in compiling this list.

BIBLIOGRAPHY.

_Account of the Grand Federal Procession. See Nos. 77-8. Additional number of Letters. See No. 90._

The / Address and Reasons of Dissent / of the / Minority of the Convention, / Of the State of Pennsylvania, to their Constituents. [Colophon] Philadelphia: Printed by E. Oswald, at the Coffee House.

Folio, pp. (3)A. A. S. 1

Reprinted in Carey’s _American Museum_, ii, 536, and answered by
Noah Webster’s “To the Dissenting members of the late Convention of
Pennsylvania,” in his “_Collection of Essays.... Boston_: 1790,” page
142.

Address and Reasons of Dissent of the Minority of the Convention of the State of Pennsylvania, to their Constituents. [Philadelphia: 1787.]

8vo. pp. 22. B. A. 2

Title from Sabin’s _Dictionary of Books relating to America_. See No.
108.

Address / to the / Citizens of Pennsylvania./ Calculated to shew the Safety,—Advantages—and Necessity of adopting the proposed Constitution of the / United States./ In which are included answers to the objections that have been made to it./ [Colophon] Philadelphia: Printed by Hall and Sellers.

Folio. pp. (4)N. 3 A Federalist compilation, containing

Reply to the Address of the seceding members of the Pennsylvania
Legislature.

To the Freemen of Pennsylvania [in reply to the Address of the
seceding members], by Federal Constitution.

Speech of James Wilson, October 6th, 1787.

Examination of the Federal Constitution, by An American [Tench Coxe.]

Circular Letter from the Federal Convention. _Address to the Freemen
of S. C. See Nos_. 114-15.

_Address to the People of N. Y. See Nos_. 83-4 _and_ 120-21.

_American Citizen. See Nos_. 3, 21-2.

_Aristides. See Nos_. 74-5.

_Articles. See No. 6.

Baldwin (Simeon)._

An / Oration / pronounced before the / Citizens of New Haven,/ July 4th, 1788;/ in commemoration of the / Declaration / of / Independence / and establishment of the Constitution / of the / United States of America./ By Simeon Baldwin, Esquire,/ New Haven./ Printed by J. Meigs, / M,DCC,LXXXVIII.

8vo. pp. 16. 4

_Bancroft_ (_George_).

History / of the / Formation of the Constitution / of the / United States of America./ By George Bancroft./ In two volumes,/ Vol. 1./ New York:/ D. Appleton and Company,/ 1, 3, and 5 Bond Street,/ 1882.

2 Vols., 8vo. pp. xxiv, 520—xiv, 501(2).5

Each volume contains not only Mr. Bancroft’s History, but a series
of hitherto unpublished “Letters and Papers,” adding greatly to the
value of the work. In 1885 a one volume edition was published, from
the same plates, but omitting these documents—pp. xxii., 495.

Reviewed by B. F. De Costa, in the _Mag. of Am. Hist_., viii, 669;
and in _The Nation_, xxxiv, 524 and xxxvi, 127. _Bryan, Samuel. See
No_. 108.

_Centinel_. _See No_. 108.

_Childs, Francis. See No_. 103.

_Citizen of America. See Nos_. 130-31.

_Citizen of New York. See No. 83_.

_Citizen of Philadelphia. See Nos_. 132-4.

_Civis. See Nos_. 82, 114-15.

_Columbian Patriot. See Nos_. 69-71.

_Constitution_.

In the following list of editions, I have only attempted to
include such as were published during the discussion of the
Constitution, prior to its ratification, and so conscious am I of its
imperfections, that I should omit it altogether, were it not that
no such list has ever been attempted, and this may make the task
an easier one to some future bibliographer. It is almost certain
that the Federal Convention, the Continental Congress, and each of
the states printed public official editions, (of which, excepting
Massachusetts, New York, and possibly Pennsylvania, I have been
unable to trace copies) while the editions printed for the use of the
people were undoubtedly numerous. The list includes every edition
that I could find, in any bibliographies or library catalogues that
I have examined, except the “Portsmouth, N. H. 1787” given in the
Library of Congress catalogue, which cannot now be found. I have also
included the two drafts (Nos. 19 and 20) used by the Convention,
which, though not properly editions of the Constitution, nevertheless
seemed best classed among them. The arrangement is alphabetical, by
the first word of the title or caption participles excepted.

See also—View of the Proposed Constitution. No. 125.

_Constitution. New York_. 1787.

Articles agreed upon by the Federal Convention of the United States of / America, his Excellency, General Washington, Esq., President, / ... / New York: Printed by J. M’Lean, No. 41, Hanover Square [1787].

Folio, pp. 4.N. 6

_Constitution. Albany_. 1788.

De / Constitutie, / eenpariglyk gea ecordeerd by de / Algemeene Conventie, / gehonden in de / Stad von Philadelphia, / in ’t Jaar 1787: / en gesubmitteer aan hit / Volk de Vereenigde Staaten / van Noord-Amerika: / Zynde van ses derzelvir Staaten alreede / geadopteerd, namentlyk, / Massachusetts, Connecticut, Nieuw-Jersey, Pennsylvania, Delaware en Georgia / Vertaald door Lambertus de Ronde, V. D. M. / Gedrukt by Ordervan de Federal Committee, in de Stad van Albany, / Door Charles R. Webster, in zyne Vrye Boek-/ Druking, No. 36, Staat-Straat, na by de / Engelsche Kirke in dezelvde Stad, 1788.

Sq. 12mo. pp. 32. B. 7

_Constitution. Boston_. 1787.

The / Constitution / or Frame of / Government, / For the United States of / America, / as reported by the Convention of Delegates, from the / United States, begun and held at Philadelphia on the / first Monday of May, 1787, and continued by Adjournments to / the seventeenth Day of September following—[Colophon at p. 16] Printed by Thomas and John Fleet, in Boston.

8vo. pp. 20 M. 8

Includes the resolves of the Continental Congress and the
Massachusetts General Court. Sabin gives a copy “12mo, pp. 16,” but
it is this edition, lacking the last four leaves, or the “resolves.”

_Constitution. Boston_. 1787.

The / Constitution / or Frame of / Government, / for the / United States / of / America. / As reported by the Convention of Delegates, from / the United States, begun and held at Philadel-/ phia, on the first Monday of May, 1787, and continued / by adjournments to the seventeenth Day of September fol-/ lowing.—Which they resolved should be laid before the / United States in Congress assembled; and afterwards be / submittted to a Convention of Delegates, chosen in each State,/ by the People thereof, under the recommendation of its Le-/ gislature, for their Assent and Ratification / Together with the Resolutions of the General Court of the / Commonwealth of Massachusetts, for calling said Convention, agreea-/ ble to the recommendation of Congress. / Published by order of Government. / Printed at Boston, Massachusetts, By Adams & Nourse, / Printers to the Honourable the General Court. / M,DCC,LXXXVII.

8vo. pp. 32. C. M., A. A. S. 9

_Constitution. Philadelphia_. 1787.

The / Constitution / proposed for / The Government of the United States of / America, by the Foederal Conven-/ tion, held at Philadelphia, in the / Year One Thousand Seven Hundred / and Eighty-seven. / To which is Annexed, / The Ratifications thereof by the Dele-/ gates of Pennsylvania in the / State Convention. / Philadelphia: Printed by Hall & Sellers. / M,DCC,LXXXVII.

8vo. pp. 24. C. 10

_Constitution. Philadelphia_. 1787.

The / Constitution / as formed for the / United States / by the / Foederal Convention, / Held at Philadelphia, / In the year 1787, / With the Resolves of / Congress, / and of the / Assembly of Pennsylvania / thereon. / Philadelphia: / Printed by T. Bradford, / in Front-Street, four doors below the Coffee House / M,DCC,LXXXVII.

12mo. pp. 16. C. H. S. 11

_Constitution. Richmond_. 1787 or 8.

The / Federal Constitution / for the United States of America, &c. [Colophon] Richmond: Printed by Augustin Davis.

4to. pp. 11. 12

_Constitution. London_. 1787.

Plan / of the / New Constitution / for the / United States of America, / Agreed upon in a / Convention of the States / with / a Preface by the Editor. / London: / Printed for J. Debrett, Piccadilly. / M.DCCLXXXVII.

8vo. pp. (2) 30,8. 13

_Constitution. Boston_. 1787.

(1) Proceedings / of the / Federal Convention. / [Colophon at p. 16] Printed by Thomas and John Fleet, in Boston.

8vo. pp. 20. P. 14

The Constitution, with the resolutions, etc., of the Massachusetts
General Court. See No. 8.

_Constitution. Philadelphia_. 1787.

Proceedings / of the / Federal Convention. / Held at / Philadelphia / in the Year 1787. / And the Twelfth Year / of / American Independence. / Philadelphia: / Printed by T. Bradford, / in Front-street, four doors below the Coffee-House / M,DCC,LXXXVII

8vo. pp. 15. C. 15

_Constitution. Philadelphia_. 1787.

Results / of the Deliberations / of the / Federal Convention. / In Convention, Sept. 17, 1787 [Philadelphia:? 1787].

8vo. pp. 16. P. H. S. 16

_Constitution. New York_. 1787.

Supplement to the Independent Journal, / Saturday, September 22, 1787. / Copy of the Result of the Deliberations of the / Federal Convention / In Convention, September 17, 1787, / [New York: J. M’Lean. 1787].

Folio, pp. 4. S. L. 16*

_Constitution. Hartford_. 1787.

We the People / of the United /States, /...../ ... do ordain and esta-/ blish this Constitution for the United States of / America. / Hartford: / Printed and sold by Nathaniel Patten. / M,DCC,LXXXVII.

Sq. 16mo. pp. 16. P. H. S. 17

_Constitution. Poughkeepsie_. 1788.

We the People of the United States, in order to form a / more perfect Union, establish Justice, insure domestic Tran-/ quility, provide for the common Defense, promote the ge-/ neral Welfare, and secure the Blessings of Liberty to ourselves / and our Posterity, do ordain and establish this Constitu-/ tion for the United States of America. [Poughkeepsie: Nicholas Power, 1788.]

4to. pp. 20, S. 18

The official edition printed for the use of the New York Convention.
The text is only printed on one side of page, to page 17—after that
on both sides.

_Constitution. Philadelphia. 1787._

We, the People of the United States in order to form / a more perfect union, to establish justice, insure domestic tranquility, provide / for the common defense, promote the general welfare, and secure the blessings / of liberty to ourselves and our posterity, do ordain and establish this Constitution for the / United States of America....

Folio, 4 11. S. D., C., M. 19

The “Report” of the “Committee on style and arrangement” of the
Federal Convention, brought in September 13th, 1787. It was printed
for the use of the members only and with the utmost secrecy.

_Constitution. Philadelphia. 1787._

We the People of the States / of New-Hampshire, Massachusetts, / Rhode Island and Providence Plan-/ tations, Connecticut, New York, New Jersey, Penn-/ sylvania, Delaware, Maryland, Virginia, North-Caro-/ lina, South-Carolina, and Georgia, do ordain, declare / and establish the following Constitution for the Government of Ourselves and our Posterity.

Folio, 7 11. S. D., C., M. 20

The “Report” of the “Committee of five,” of the Federal Convention,
brought in August 6th, 1787. Printed only for the use of the
members, as a basis for a continuation of the discussion. Both
these last two editions, it is needless to say, are of the greatest
rarity, the number printed being probably not over sixty copies,
and as confidential documents, were saved by few of the members.
The Department of State possesses Washington’s copy of No. 19, and
David Brearly’s and James Madison’s copies of both drafts. The
Library of Congress possesses William Samuel Johnson’s copies, and
the Massachusetts Historical Society has those of Elbridge Gerry.
All of these contain Mss. alterations by their respective owners,
and George Mason’s copy of No. 19 in the possession of Miss Kate
Mason Rowland of Virginia, contains not only alterations, but the
objections of Mason to the Constitution, in his own handwriting.
What are apparently the original Mss. compilations from which these
drafts were printed are in the Wilson Papers, now in the Pennsylvania
Historical Society.

[_Coxe_ (_Tench_)].

An / Examination / of the / Constitution / for the / United States / of / America, / Submitted to the People / by the / General Convention, / at Philadelphia, the 17th Day of September, 1787, / and since adopted and ratified / by the / Conventions of Eleven States, / chosen for the purpose of considering it, being all / that have yet decided on the subject. / By an American Citizen. /To which is added, / a Speech / of the / Hon. James Wilson, Esquire. / on the same subject. / Philadelphia: / Printed by Zachariah Poulson, Junr. in Fourth / Street, between Market and Arch-Streets. / M.DCC.LXXXVIII.

8vo. pp. 33. P. 21

Reprinted in Ford’s _Pamphlets on the Constitution_ and in No. 3. and
the Letters by “An American Citizen” are printed in No. 99, and in
Carey’s _American Museum_, ii, pp. 301 and 387.

_Coxe_ (_Tench_).

[An Examination of the Constitution. Reprinted, Brooklyn, N.Y.: 1887.]

8vo.pp. 22. 22

A few copies separately printed from No. 68.

_Curtis_ (_George Ticknor_).

History / of the / Origin, Formation, and Adoption / of the / Constitution of the United States; / with / notices of its principal framers. / By /George Ticknor Curtis. / In two volumes. / Volume I. / New York: / Harper and Brothers, / Franklin Square. / 1854 [-8].

2 vols., 8vo. pp. xxxvi, 518—xvi, 663. 23

This work, which is by far the best history of our Constitution, has
been for several years out of print, and is difficult to procure in
second hand condition. There are issues with different dates. It
was reviewed, by C. C. Smith, in _The Christian Examiner_, lviii,
75, lxv, 67; in _The Methodist Review_, xv, 187; in _The American
Quarterly Church Review_, xv, 541; and in _The North American
Review_, lxxx, 259, by A. P. Peabody.

[_Davie_ (_William Richardson and others_)].

[An Address to the People of North Carolina, by Publicola. Answer to George Mason’s Objections to the new Constitution recommended by the late Convention, by Marcus, etc. Newbern: Printed by Hodge and Wills. 1788.] pp. 24

A hypothetical title of a tract frequently alluded to in McRee’s
_Life of James Iredell_, but which I have been able to find no other
trace. William R. Davie wrote Publicola, James Iredell wrote Marcus,
and Archibald Maclaine apparently contributed as well. See No. 81.

_Debates of the State Conventions_ (_Elliot_). _See Nos. 27-30._

_Decius’s Letters. See Nos. 100 and 105._

[_Dickinson_ (_John_)].

The / Letters / of / Fabius, / in 1788, / on the Federal Constitution, / and / in 1797, / on the present situation / of / public affairs. / Copy-Right Secured. / From the office of the Delaware / Gazette, Wilmington, / by W. C. Smyth. / 1797.

8vo. pp. iv, 202 (1).H. 25

Reprinted in _Political Writings of John Dickinson_, and the first
series is in Ford’s _Pamphlets on the Constitution_.

See Washington’s _Writings_, xi, 354.

The first series of _Fabius_ were also printed in _The New Hampshire
Gazette_, from which Mr. Dawson reprinted a single number in the _The
Historical Magazine_, xviii, 359; apparently under the impression
that it was an original New Hampshire essay.

_Dickinson_ (_John_).

[The Letters of Fabius, Brooklyn, N. Y.; 1888].

8vo. pp. 54. 26

A few copies separately printed from No. 68.

_Examination into the leading principles. See Nos. 130-1._

_Examination of the Constitution. See Nos. 21-2._

_Fabius. See Nos. 25-6._

_Federal Constitution. See No. 12._

_Federal Farmer. See Nos. 86-90._

_Elliot_ (_Jonathan_). _First edition._

The / Debates, / Resolutions, and other Proceedings, / in / Convention, / on the adoption of the / Federal Constitution, / as recommended by the / General Convention at Philadelphia, / on the 17th of September, 1787: / With the yeas and nays on the decision of the / main question. / Collected and revised, from contemporary publications, / by Jonathan Elliot. /.... / .... / Washington, / Printed by and for the Editor, / on the Pennsylvania Avenue. / 1827 [-30].

3 vols., 8vo. 27

“Volume I. / Containing the Debates in Massachusetts and New York.”
pp. viii, 358, *8.

“Volume II. / Containing the Debates in the Commonwealth of
Virginia.” pp. viii, 33-487.

“Volume III. / Containing the Debates in the States of North Carolina
and Pennsylvania.” pp. (8), 17-322.

The star leaves in Volume I. were originally issued in Volume III.,
and are sometimes found bound in that volume. They are a fragment of
the debates in the New York Convention.

An additional volume was issued in 1830, with the following title:

Journal / and / Debates of the Federal Convention, / Held at
Philadelphia, from May 14, to September 17, 1787 / with the /
Constitution / of the / United States, / illustrated by the
opinions of twenty / successive Congresses, / and a / Digest of
Decisions in the Courts of the Union, / involving constitutional
principles: / thus shewing / the rise, progress, present condition,
and practice / of the Constitution, / In the / National Legislature
and Legal Tribunals of the Republic. / With / full indexes on all
subjects embraced in the Work. / By Jonathan Elliot. / Volume IV. /
(Supplementary to the State Constitutions, in 3 Vols. on adopting the
Federal Constitution) / Washington, / Printed and sold by the Editor,
/ on the Pennsylvania Avenue. / 1830. /

8vo. pp. (8), 272, 404, (4). 28

Reviewed by Jared Sparks in the _North American Review_, xxv. 249.

_Elliot_ (_Jonathan_). _Second Edition._

The / Debates / in the several / State Conventions, / on the adoption of the / Federal Constitution, / as recommended by the / General Convention at Philadelphia, / in / 1787. / Together with / the Journal of the Federal Convention, Luther / Martin’s Letter, Yates’ Minutes, Congressional / Opinions, Virgina & Kentucky Resolutions of ’96-’99, / and other illustrations of the Constitution. / In four volumes—Volume I. / Second Edition, / with considerable additions, / collected and revised from contemporary publications, / by Jonathan Elliot. / Published under the Sanction of Congress. Washington: / Printed by and for the Editor, / on the Pennsylvania Avenue. / 1836.

4 vols. 8vo. 29

I. pp. vii, (3), xix-xxxii, 33-*79, 73-551.
II. pp.
III. pp.
IV. pp. (4), vii-xvi, 33-662, xvi.

_Elliot_ (_Jonathan_). [_Third_] _Edition._

The / Debates / in the several / State Conventions, / on the adoption of the / Federal Constitution, / as recommended by the / General Convention at Philadelphia, in 1787. / together with the / Journal of the Federal Convention, / Luther Martin’s Letter, / Yates’ Minutes, / Congressional Opinions, / Virginia and Kentucky Resolutions of ’98-’99, / and / other illustrations of the Constitution. / In Four Volumes. / Vol. I. / Second Edition, with considerable additions. / Collected and Revised from contemporary publications, / by Jonathan Elliot. / Published under the sanction of Congress. / Washington: Printed for the Editor. / 1836.

4 vols. 8vols. 30