Chapter V: Preface (5)

The present is the most important crisis at which you ever have arrived. You have before you a question big with consequences, unutterably important to yourselves, to your children, to generations yet unborn, to the cause of liberty and of mankind; every motive of religion and virtue, of private happiness and public good, of honour and dignity, should urge you to consider cooly and determine wisely.

Almost all the governments that have arisen among mankind, have sprung from force and violence. The records of history inform us of none that have been the result of cool and dispassionate reason and reflection: It is reserved for this favoured country to exhibit to mankind the first example.——This opportunity is now given us, and we are to exercise our rights in the choice of persons to represent us in convention, to deliberate and determine upon the constitution proposed: It will be to our everlasting disgrace to be indifferent on such a subject; for it is impossible, we can contemplate anything that relates to the affairs of this life of half the importance.

You have heard that both sides on this great question, agree, that there are in it great defects; yet the one side tell you, choose such men as will adopt it, and then amend it——while the other say, amend previous to its adoption.——I have stated to you my reasons for the latter, and I think they are unanswerable.—Consider you the common people the yeomanry of the country, for to such I principally address myself, you are to be the principal losers, if the constitution should prove oppressive; When a tyranny is established, there are always masters as well as slaves; the great and well-born are generally the former, and the middling class the latter—Attempts have been made, and will be repeated, to alarm you with the fear of consequences; but reflect there are consequences on both sides, and none can be apprehended more dreadful, than entailing on ourselves and posterity [21] a government which will raise a few to the height of human greatness and wealth, while it will depress the many to the extreme of poverty and wretchedness. Consequences are under the controul of that all-wise and all-powerful being, whose providence conducts the affairs of all men: Our part is to act right, and we may then have confidence that the consequences will be favourable. The path in which you should walk is plain and open before you; be united as one man, and direct your choice to such men as have been uniform in their opposition to the proposed system in its present form, or without proper alterations: In men of this description you have reason to place confidence, while on the other hand, you have just cause to distrust those who urge the adoption of a bad constitution, under the delusive expectation of making amendments after it is acceded to. Your jealousy of such characters should be the more excited, when you consider that the advocates for the constitution have shifted their ground. When men are uniform in their opinions, it affords evidence that they are sincere: When they are shifting, it gives reason to believe, they do not change from conviction. It must be recollected, that when this plan was first announced to the public, its supporters cried it up as the most perfect production of human wisdom; It was represented either as having no defects, or if it had, they were so trifling and inconsiderable, that they served only, as the shades in a fine picture, to set off the piece to the greater advantage. One gentleman in Philadelphia went so far in the ardour of his enthusiasm in its favour, as to pronounce, that the men who formed it were as really under the guidance of Divine Revelation, as was Moses, the Jewish lawgiver. Their language is now changed; the question has been discussed; the objections to the plan ably stated, and they are admitted to be unanswerable. The same men who held it almost perfect, now admit it is very imperfect; that it is necessary it should be amended. The only question between us, is simply this: Shall we accede to a bad constitution, under the uncertain prospect of getting it amended, after we have received it, or shall we amend it before we adopt it? Common sense will point out which is the most rational, which is the most secure line of conduct. May heaven inspire you with wisdom, union, moderation and firmness [22], and give you hearts to make a proper estimate of your invaluable privileges, and preserve them to you, to be transmitted to your posterity unimpaired, and may they be maintained in this our country, while Sun and Moon endure.

A PLEBEIAN.

POSTSCRIPT.

Since the foregoing pages have been put to the press, a pamphlet has appeared, entitled, “An address to the people of the state of New York, on the subject of the new constitution, &c.” Upon a cursory examination of this performance (for I have not had time to give it more than a cursory examination) it appears to contain little more than declamation and observations that have been often repeated by the advocates of the new constitution.

An attentive reader will readily perceive, that almost everything deserving the name of an argument in this publication, has received consideration, and, I trust, a satisfactory answer in the preceding remarks, so far as they apply to prove the necessity of an immediate adoption of the plan, without amendments.

I shall therefore only beg the patience of my readers, while I make a few very brief remarks on this piece.

The author introduces his observations with a short history of the revolution, and of the establishment of the present existing federal government. He draws a frightful picture of our condition under the present confederation. The whole of what he says on that head, stripped of its artificial colouring, amounts to this, that the existing system is rather commendatory than coercive, or that Congress have not in most cases, the power of enforcing their own resolves. This he calls “a new and wonderful system.” However “wonderful” it may seem, it certainly is not “new.” For most of the _federal governments_ that have been in the world, have been of the same nature.——The united Netherlands are governed on the same plan. There are other governments also now existing, which are in a similar condition with our’s, with regard to several particulars, on account of which this author denominates it “new and wonderful.”——The king of Great Britain “may make war, but has not power to raise money to carry it on.” He may borrow money, but it is without the means of repayment, &c. For these he is dependent on his parliament. But it is needless to add on [24] this head, because it is admitted that the powers of the general government ought to be increased in several of the particulars this author instances. But these things are mentioned to shew, that the outcry made against the confederation, as being a system new, unheard of, and absurd, is really without foundation.

The author proceeds to depicture our present condition in the high-wrought strains common to his party.——I shall add nothing to what I have said on this subject in the former part of this pamphlet, but will only observe, that his imputing our being kept out of the possession of the western posts, and our want of peace with the Algerines, to the defects in our present government, is much easier said than proved. The British keep possession of these posts, because it subserves their interest, and probably will do so, until they perceive that we have gathered strength and resources sufficient to assert our rights with the sword. Let our government be what it will, this cannot be done without time and patience. In the present exhausted situation of the country, it would be madness in us, had we ever so perfect a government, to commence a war for the recovery of these posts.——With regard to the Algerines, there are but two ways in which their ravages can be prevented. The one is, by a successful war against them, and the other is by treaty. The powers of Congress under the confederation are completely competent either to declare war against them, or to form treaties. Money, it is true, is necessary to do both these. This only brings us to this conclusion, that the great defect in our present government, is the want of powers to provide money for the public exigencies. I am willing to grant _reasonable_ powers, on this score, but not unlimited ones; commercial treaties may be made under the present powers of Congress. I am persuaded we flatter ourselves with advantages which will result from them, that will never be realized. I know of no benefits that we receive from any that have yet been formed.

This author tells us, “it is not his design to investigate merits of the plan, nor of the objections made to it.” It is well he did not undertake it, for if he had, from the specimen he has given, the cause he assumes would not have probably gained much strength by it.

He however takes notice of two or three of the many objections brought against the plan.

“We are told, (says he) among other strange things, that the liberty of the press is left insecure by the proposed constitution, and yet that constitution says neither more nor less [25] about it, than the constitution of the state of New York does. We are told it deprives us of trial by jury, whereas the fact is, that it expressly secures it in certain cases, and takes it away in none, &c. it is absurd to construe the silence of this, or of our own constitution relative to a great number of our rights into a total extinction of them; silence and a blank paper neither grant nor take away anything.”

It may be a strange thing to this author to hear the people of America anxious for the preservation of their rights, but those who understand the true principles of liberty, are no strangers to their importance. The man who supposes the constitution, in any part of it, is like a blank piece of paper, has very erroneous ideas of it. He may be assured every clause has a meaning, and many of them such extensive meaning, as would take a volume to unfold. The suggestion, that the liberty of the press is secure, because it is not in express words spoken of in the constitution, and that the trial by jury is not taken away, because it is not said in so many words and letters it is so, is puerile and unworthy of a man who pretends to reason. We contend, that by the indefinite powers granted to the general government, the liberty of the press may be restricted by duties, &c. and therefore the constitution ought to have stipulated for its freedom. The trial by jury, in all civil cases is left at the discretion of the general government, except in the supreme court on the appelate jurisdiction, and in this I affirm it is taken away, not by express words, but by fair and legitimate construction and inference; for the supreme court have expressly given them an appelate jurisdiction, in every case to which their powers extend (with two or three exceptions) both as to _law and fact_. The court are the judges; every man in the country, who has served as a juror, knows, that there is a difference between the court and the jury, and that the lawyers in their pleading, make the distinction. If the court, upon appeals, are to determine both the law and the fact, there is no room for a jury, and the right of trial in this mode is taken away.

The author manifests levity in referring to the constitution of this state, to shew that it was useless to stipulate for the liberty of the press, or to insert a bill of rights in the constitution. With regard to the first, it is perhaps an imperfection in our constitution that the liberty of the press is not expressly reserved; but still there was not equal necessity of making this reservation in our State as in the general Constitution, for the common and statute law of England, and the laws of the [26] colony are established, in which this privilege is fully defined and secured. It is true, a bill of rights is not prefixed to our constitution, as it is in that of some of the states; but still this author knows, that many essential rights are reserved in the body of it; and I will promise, that every opposer of this system will be satisfied, if the stipulations that they contend for are agreed to, whether they are prefixed, affixed, or inserted in the body of the constitution, and that they will not contend which way this is done, if it be but done. I shall add but one remark, and that is upon the hackneyed argument introduced by the author, drawn from the character and ability of the framers of the new constitution. The favourers of this system are not very prudent in bringing this forward. It provokes to an investigation of characters, which is an inviduous task. I do not wish to detract from their merits, but I will venture to affirm, that twenty assemblies of equal number might be collected, equally respectable both in point of ability, integrity, and patriotism. Some of the characters which compose it I revere; others I consider as of small consequence, and a number are suspected of being great public defaulters, and to have been guilty of notorious peculation and fraud, with regard to public property in the hour of our distress. I will not descend to personalities, nor would I have said so much on the subject, had it not been in self defence. Let the constitution stand on its own merits. If it be good, it stands not in need of great men’s names to support it. If it be bad, their names ought not to sanction it.

FINIS.

The Weakness of Brutus exposed: / or, some / Remarks / in / Vindication of the Constitution / proposed by the late / Federal Convention, / against the / Objections and gloomy Fears of that Writer / Humbly offered to the Public, / By / a Citizen of Philadelphia. / Philadelphia, / Printed for, and to be had of John Sparhawk, in Market-Street, / near the Court House / M.DCC.LXXXVII.

12mo., pp. 23.

Written by Pelatiah Webster, a Philadelphia merchant, and author of
a number of pamphlets on the finances and government of the United
States, most of which he reprinted in his “Political Essays” in
Philadelphia in 1791.

Brutus was the signature (of Thomas Treadwell, of Suffolk County,
N.Y.?) to a series of sixteen newspaper essays in the _New York
Journal_, which were extensively copied throughout the country. This
is an answer to the first essay only, and was published November 4th,
1787.

P. L. F.

The long piece signed BRUTUS, (which was first published in a New-York paper, and was afterwards copied into the Pennsylvania Packet of the 26th instant) is wrote in a very good stile; the language is easy, and the address is polite and insinuating: but the sentiments, I conceive, are not only unsound, but wild and chimerical; the dreary fears and apprehensions, altogether groundless; and the whole tendency of the piece, in this important crisis of our politics, very hurtful. I have therefore thought it my duty to make some animadversions on it; which I here offer, with all due deference, to the Author and to the Public.

His first question is, _Whether a confederated government is best for the United States?_

I answer, If Brutus, or any body else, cannot find any benefit resulting from the union of the Thirteen States; if they can do _without_ as well as _with_ the respectability, the protection, and the security, which the States might derive from that union, I have nothing further to say: but if that union is to be supported in any such manner as to afford [4] respectability, protection, or security to the States, I say it must be done by an adequate government, and cannot be otherwise done.

This government must have a supreme power, _superior to and able to controul_ each and all of its parts. ’Tis essential to all governments, that such a power be somewhere existing in it; and if _the place_ where the proposed Constitution has fixed it, does not suit Brutus and his friends, I will give him leave to stow it away in any _other place that is better_: but I will not consent to have it _annihilated_; neither will I agree to have it _cramped and pinched_ for room, so as to lessen its energy; for that will _destroy_ both its nature and use.

The supreme power of government ought to be _full_, _definite_, _established_, and _acknowledged_. Powers of government too limited, or uncertain and disputed, have ever proved, like _Pandora’s_ box, a most fruitful source of quarrels, animosities, wars, devastation, and ruin, in all shapes and degrees, in all communities, states and kingdoms on earth.

Nothing tends more to the honour, establishment, and peace of society, than public decisions, grounded on principles of right, natural fitness and prudence; but when the powers of government are _too limited_, such decisions can’t be made and enforced; so the mischief goes without a remedy: dreadful examples of which we have felt, in instances more than enough, for seven years past.

[5] Further, where the powers of government are not _definite_ but _disputed_, the administration dare not make decisions on the footing of impartial justice and right; but must temporize with the parties, lest they lose friends or make enemies: and of course the _righteous_ go off injured and disgusted, and the _wicked_ go grumbling to; for ’tis rare that any sacrifices of a court can satisfy a prevailing party in the state.

’Tis necessary in States, as well as in private families, that controversies should have a just, _speedy_,and effectual decision, that right may be done before the contention has _time_ to grow up into habits of malignity, resentment, ill nature, and ill offices. If a controversy happens between two states, must it continue undecided, and daily increase, and be more and more aggravated, by the repeated insults and injuries of the contending parties, ’till they are ripe for the decision of the sword? or must the weaker states suffer, without remedy, the groundless demands and oppressions of their stronger neighbours, because they have no avenger, or umpire of their disputes?

Or shall we institute a supreme power with full and effectual authority to controul the animosities, and decide the disputes of these strong contending bodies? In the one proposed to us, we have perhaps every chance of a _righteous judgment_, that we have any reason [6] to hope for; but I am clearly of opinion, that even a _wrongful decision_, would, in most cases, be preferable to the continuance of such destructive controversies.

I suppose that neither Brutus nor any of his friends would wish to see our government _embroiled abroad_; and therefore will admit it necessary to institute some federal authority, sufficient to punish _any individual or State_, who shall violate our treaties with foreign nations, insult their dignity, or abuse their citizens, and compel due reparation in all such cases.

I further apprehend, that Brutus is willing to have the _general_ interest and _welfare_ of the States well provided for and supported, and therefore will consent that there shall exist in the states, an authority to _do_ all this _effectually_; but he seems grieved that Congress should be the _judges of this general welfare_ of the states. If he will be kind enough to point out any other more suitable and proper judges, I will consent to have them admitted.

Indeed I begin to have hopes of Brutus, and think he may come right at last; for I observe (after all his fear and tremblings about the new government) the constitution he _defines and adopts_, is the very same as that which the federal convention have proposed to us, _viz._ “that the Thirteen States should continue thirteen confederated republics under the _direction and controul_ of a supreme [7] federal head, for certain defined national purposes, only.” Where we may observe,

1. That the new Constitution leaves all the Thirteen States, complete republics, as it found them, but all confederated under the direction and controul of a federal head, for certain defined national purposes only, _i. e._ it leaves all the dignities, authorities, and internal police of each State in free, full, and perfect condition; unless when national purposes make the controul of them by the federal head, or authority, necessary to the general benefit.

2. These powers of controul by the federal head or authority, are _defined_ in the new constitution, as minutely as may be, in their principle; and any detail of them which may become necessary, is committed to the wisdom of Congress.

3. It extends the controuling power of the federal head to no one case, to which the jurisdiction or power of definitive decision of any one state, can be competent. And,

4. In every such case, the controuling power of the federal head, is absolutely necessary to the support, dignity, and benefit of the national government, and the safety of individuals; neither of which can, by any possibility, be secured without it.

All this falls in pretty well with Brutus’s sentiments; for he does not think that the new Constitution in _its present state_ so very bad, [8] but fears that it will not preserve its purity of institution; but if adopted, will immediately verge to, and terminate in _a consolidation_, _i. e._ a destruction of the state governments. For argument, he suggests the avidity of power natural to rulers; and the eager grasp with which they hold it when obtained; and their strong propensity to abuse their power, and encroach on the liberties of the people.

He dwells on the vast powers vested in Congress by the new Constitution, _i. e._ of levying taxes, raising armies, appointing federal courts, &c.; takes it for granted, that all these powers will be abused, and carried to an oppressive excess; and then harangues on the dreadful case we shall be in, when our _wealth_ is all devoured by taxes, our _liberty_ destroyed by the power of the army, and our _civil rights_ all sacrificed by the unbounded power of the federal courts, &c.

And when he has run himself out of breath with this dreary declamation, he comes to the conclusion he set out with, _viz._ That the Thirteen States are too big for a republican government, which requires _small territory_, and can’t be supported in _more extensive nations_; that in large states liberty will soon be swallowed up, and lost in the magnitude of power requisite in the government, &c.

[9] If any conclusion at all can be drawn from this baseless assemblage of gloomy thoughts, I think it must be _against any union at all_; against _any kind of federal government_. For nothing can be plainer than this, _viz._ that _the union can’t by any possibility be supported with success, without adequate and effectual powers of government?_

We must have _money_ to support the union, and therefore the power of raising it must be lodged somewhere; we must have _a military force_, and of consequence the power of raising and directing it must exist; civil and criminal causes of national concern will arise, therefore there must be somewhere a power of appointing _courts_ to hear and determine them.

These powers must be vested in Congress; for nobody pretends to wish to have them vested in any other body of men.

The Thirteen States have a territory very extensive, and inhabitants very numerous, and every day rapidly increasing; therefore the powers of government necessary to support their union must be great in proportion. If the ship is large the mast must be proportionately great, or it will be impossible to make her sail well. The federal powers must extend to every part of the federal territory, _i.e._ to the utmost limits of the Thirteen States, and to every part of them; and must carry with them, sufficient [10] authority to secure the execution of them; and these powers must be vested in Congress, and the execution of them must be under their direction and controul.

These powers are _vast_, I know, and the trust is of the most _weighty kind_ that can be committed to human direction; and the execution and administration of it will require the greatest _wisdom_, _knowledge_, _firmness_, and _integrity_ in that august body; and I hope they will have all the _abilities and virtues_ necessary to that important station, and will _perform their duty well_; but if they fail, the fault is in them, not in the constitution. The best constitution possible, even a divine one, badly administered, will make a bad government.

The members of Congress will be the best we can get; they will all of them derive their appointment from the States, and if the States are not wise enough to send _good and suitable_ men, great _blame_, great _sin_ will lie at their door. Put I suppose nobody would wish to mend this fault by taking away the election of the people, and directing the appointment of Congress to be made in any other way.

When we have got the best that can be obtained, we ought to be quiet and cease complaining. ’Tis not in the power of human wisdom to do more; ’tis the fate of human nature to _be imperfect and to err_; and [11] no doubt but Congress, with all their _dignity of station and character_, with all their _opportunities_ to gain _wisdom and information_, with all their _inducements to virtue and integrity_, will err, and abuse or misapply their powers in more or less instances. I have no expectation that they will make _a court of angels_, or be anything more than _men_: ’tis probable many of them will be _insufficient_ men, and some of them may be _bad men_.

The greatest wisdom, care, and caution, has been used in the _mode_ of their appointment; in the _restraints and checks_ under which they must act; in the numerous _discussions and deliberations_ which all their acts must pass through, before they can receive the stamp of authority; in the terrors of _punishment_ if they misbehave. I say, in all _these ways_ the greatest care has been used to procure and form a good Congress.

The _dignity and importance_ of their station and character will afford all the inducements to virtue and effort, which can influence a mind _capable_ of their force.

Their own _personal reputation_, with the eyes of all the world on them,—the _approbation of their fellow citizens_, which every man in public station naturally wishes to enjoy,—and the _dread of censure and shame_, all contribute very forceable and strong inducements to noble, upright and worthy behavior.

[12] The _particular interest_ which every member of Congress has in every public order and resolution, is _another strong motive_ to right action. For every act to which any member gives his sanction, if it be raising an _army_, levying a _tax_, instituting a _court_, or any other act to bind the _States_,—such act will equally bind _himself, his nearest connections, and his posterity_.

Another mighty influence to the noblest principle of action will be _the fear of God before their eyes_; for while they sit in the place of God, to give law, justice, and right to the States, they must be _monsters indeed_ if they do not regard _his law_, and imitate _his character_.

If all this will not produce a Congress fit to be trusted, and worthy of the public confidence, I think we may give the matter up as impracticable. But still we must make ourselves as easy as we can, under a _mischief_ which admits _no remedy_, and bear with patience an _evil_ which can’t be _cured_: for a government we must have; there is no safety without it; though we know it will be imperfect, we still must prefer it to anarchy or no government at all. ’Tis the height of folly and madness to reject a necessary convenience, because it is not a perfect good.

Upon this statement of facts and principles, (for the truth and reality of which, I appeal [13] to every candid man,) I beg leave to remark,

1. That the federal Convention, in the constitution proposed to us, have exerted their utmost to produce _a Congress worthy of the public confidence_, who shall have _abilities_ adequate to their important duty, and shall act under every possible inducement to execute it _faithfully_.

2. That this affords every chance which the nature of the thing will admit, of a wise and upright administration.

3. Yet all this notwithstanding, ’tis very possible that Congress _may err, may abuse, or misapply_ their powers, which no precaution of human wisdom can prevent.

4. ’Tis _vain_, ’tis _childish_, ’tis _contentious_ to object to a constitution thus framed and guarded, on pretence that the commonwealth may suffer by a bad administration of it; or to _withhold_ the _necessary powers_ of government, from the supreme rulers of it, least they should _abuse_ or _misapply_ those powers. This is an objection which will operate with equal force against every institution that can be made in this world, whether of policy, religion, commerce, or any other human concern, which can require regulations: for ’tis not possible to form any institution however necessary, wise and good, whose uses may not be lessened or destroyed by bad management.

If Brutus, or any body else, can point out [14] any _checks_, _cautions_, or _regulations_, which have been hitherto omitted, which will make Congress more _wise_, more _capable_, more _diligent_, or more _faithful_, I am willing to attend to them. But to set Congress at the head of the government, and object to their being vested with full and sufficient power to manage all the great departments of it, appears to me _absurd_, quite _wild_, and _chimerical_: it would produce a plan which would destroy itself as it went along, would be a sort of counter position of contrary parts, and render it impossible for rulers to render those services, and secure those benefits to the States, which are the only great ends of their appointment.

The constitution under Brutus’s corrections would stand thus, _viz._ Congress would have power to _raise money_, but must not direct the _quantity_, or _mode of levying_ it; they might raise _armies_, but must not judge to the _number_ of soldiers necessary, or direct their destination; they ought to provide for the _general welfare_, but must not be judges of what that welfare _consists in_, or in _what manner_ ’tis to be provided for; they might controul the several States, for _defined national purposes_, but must not be judges of _what purposes_ would come within that _definition_, &c.

Any body with half an eye, may see what sort of administration the constitution, thus corrected, would produce, _e. g._ it would [15] require much greater trouble to leave the work _undone_, than would be necessary to get it _well done_, under a constitution of sufficient powers. If any one wishes to view more minutely this blessed operation, he may see a lively sample of it, in the last seven years practice of our federal government.

5. Brutus all along sounds his objections, and fears on _extreme cases_ of abuse or misapplication of supreme powers, which may _possibly_ happen, under the administration of a wild, weak, or wicked Congress; but ’tis easy to observe that all institutions are liable to _extremes_, but ought not _to be judged by them_; they do not often appear, and perhaps never may; but if they should happen in the cases supposed, (which God forbid) there is a remedy pointed out, in the Constitution itself.

’Tis not supposeable that such abuses could arise to any ruinous height, before they would affect the States so much, that at least two-thirds of them would unite in pursuing a remedy in the mode prescribed by the Constitution, which will always be liable to amendment, whenever any mischiefs or abuses appear in the government, which the Constitution in its present state, can’t reach and correct.

6. Brutus thinks we can never be too much afraid of the encroaching avidity of rulers; but ’tis pretty plain, that however great the natural lust of power in rulers may be, the jealousy of the people in giving it, is about [16] equal; these two opposite passions, will always operate in opposite directions to each other, and like _action_ and _reaction_ in natural bodies, will ever tend to a good ballance.

At any rate, the Congress can never get more power than the people will give, nor hold it any longer than they will permit; for should they assume tyrannical powers, and make incroachments on liberty without the consent of the people, they would soon attone for their temerity, with shame and disgrace, and probably with their heads.

But ’tis here to be noted, that all the danger does not arise from the extreme of power in the rulers; for when the ballance verges to the contrary extreme, and the power of the rulers becomes too much limited and cramped, all the nerves of government are weakened, and the administration must unavoidably sicken, and lose that energy which is absolutely necessary for the support of the State, and the security of the people. For ’tis a truth worthy of great attention, that laws are not made so much for the righteous as for the wicked; who never fail to shelter themselves from punishment, whenever they can, under the defects of the law, and the weakness of government.

I now come to consider the grand proposition which Brutus sets out with, concludes with, and interlards all along, and which [17] seems to be the great gift of his performance, viz. That a confederation of the Thirteen States into one great republic is not best for them: and goes on to prove by a variety of arguments, that a republican form of government is not compatible, and cannot be convenient to so extensive a territory as the said States possess. He begins by taking one assumption for granted (for I can’t see that his arguments prove it at all) _viz._ That the Constitution proposed will melt down and destroy the jurisdiction of the particular States, and consolidate them all into one great republic.

I can’t see the least reason for this sentiment; nor the least tendency in the new Constitution to produce this effect. For the Constitution does not suffer the federal powers to controul in the least, or so much as to interfere in the internal policy, jurisdiction, or municipal rights of any particular State: except where great and manifest national purposes and interests make that controul necessary. It appears very evident to me, that the Constitution gives an establishment, support, and protection to the internal and separate police of each State, under the superintendency of the federal powers, which it could not possibly enjoy in an independent state. Under the confederation each State derives strength, firmness and permanency from its compact with the other States. Like a stave in a cask well bound with hoops, it [18] stands firmer, is not so easily shaken, bent, or broken, as it would be were it set up by itself alone, without any connection with its neighbours.

There can be no doubt that each State will receive from the union great support and protection against the invasions and inroads of foreign enemies, as well as against riots and insurrections of their own citizens; and of consequence, the course of their internal administration will be secured by this means against any interruption or embarrassment from either of these causes.

They will also derive their share of benefit from the respectability of the union abroad, from the treaties and alliances which may be made with foreign nations, &c.

Another benefit they will receive from the controul of the supreme power of the union is this, viz. they will be restrained from making angry, oppressive, and destructive laws, from declaring ruinous wars with their neighbours, from fomenting quarrels and controversies, &c. all which ever weaken a state, tend to its fatal disorder, and often end in its dissolution. Righteousness exalts and strengthens a nation; but sin is a reproach and weakening of any people.

They will indeed have the privilege of oppressing their own citizens by bad laws or bad administration; but the moment the mischief extends beyond their own State, and [19] begins to affect the citizens of other States, strangers, or the national welfare,—the salutary controul of the supreme power will check the evil, and restore strength and security, as well as honesty and right, to the offending state.

It appears then very plain, that the natural effect and tendency of the supreme powers of the union is to give strength, establishment, and permanency to the internal police and jurisdiction of each of the particular States; not to melt down and destroy, but to support and confirm them all.

By what sort of assurance, then, can Brutus tell us that the new Constitution, if executed, must certainly and infallibly terminate in a consolidation of the whole, into one great republic, subverting all the State authorities. His only argument is, that the federal powers may be corrupted, abused, and misapplied, ’till this effect shall be produced. ’Tis true that the constitution, like every other on earth, committed to human management, may be corrupted by a bad administration, and be made to operate to the destruction of the very capital benefits and uses, which were the great end of its institution. The same argument will prove with equal cogency, that the constitution of each particular State, may be corrupted in practice, become tyranical and inimical to liberty. In short the argument proves too much, and therefore proves nothing: [20] ’tis empty, childish, and futile, and a serious proposal of it, is, I conceive, an affront to the human understanding.

But after all, supposing this event should take place, and by some strange fatality, the several states should be melted down, and merged in the great commonwealth, in the form of counties, or districts; I don’t see why a commonwealth mode of government, would not be as suitable and convenient for the great State, as any other form whatever; I cannot see any sufficient ground or reason, for the position pretty often and boldly advanced, that a republican form of government can never be suitable for any nation of extensive territory, and numerous population: for if Congress can be chosen by the several States, though under the form and name of counties, or election districts, and be in every respect, instituted as directed by the new constitution, I don’t see but we shall have as suitable a national council, as wise a legislative, and as strong and safe an executive power, as can be obtained under any form of government whatever; let our territory be ever so extensive or populous.

The most despotic monarch that can exist, must have his councils, and officers of state; and I can’t see any one circumstance of their being appointed under a monarchy, that can afford any chance of their being any wiser or better, than ours may be. ’Tis true indeed, [21] the despot may, if he pleases, act without any advice at all; but when he does so, I conceive it will be very rare that the nation will receive greater advantages from his unadvised edicts, than may be drawed from the deliberate acts and orders of our supreme powers. All that can be said in favour of those, is, that they will have less chance of delay, and more of secrecy, than these; but I think it probable, that the latter will be grounded on better information, and greater wisdom; will carry more weights and be better supported.

The Romans rose, from small beginnings, to a very great extent of territory, population, and wisdom; I don’t think their constitution of government, was near so good as the one proposed to us, yet we find their power, strength, and establishment, were raised to their utmost height, under a republican form of government. Their State received very little acquisition of territory, strength, or wealth, after their government became imperial; but soon began to weaken and decay.

The Carthagenians acquired an amazing degree of strength, wealth, and extent of dominion, under a republican form of government. Neither they or the Romans, owed their dissolution to any causes arising from that kind of government: ’twas the party rage, animosity, and violence of their citizens, which destroyed them both; it weakened them, ’till the [22] one fell under the power of their enemy, and was thereby reduced to ruin; the other changed their form of government, to a monarchy, which proved in the end, equally fatal to them.

The same causes, if they can’t be restrained, will weaken or destroy any nation on earth, let their form of government be what it will; witness the division and dissolution of the Roman empire; the late dismemberment of Poland; the intestine divisions, rage, and wars of Italy, of France, of Spain, and of England.

No form of government can preserve a nation which can’t controul the party rage of its own citizens; when any one citizen can rise above the controul of the laws, ruin draws near. ’Tis not possible for any nation on earth, to hold their strength and establishment, when the dignity of their government is lost, and this dignity will forever depend on the wisdom and firmness of the officers of government, aided and supported by the virtue and patriotism of their citizens.

On the whole, I don’t see but that any form of government may be safe and practicable, where the controuling authority of the supreme powers, is strong enough to effect the ends of its appointment, and at the same time, sufficiently checked to keep it within due bounds, and limit it to the objects of its duty; and I think it appears, that the constitution proposed to us, has all these qualities [23] in as great perfection, as any form we can devise.

But after all, the grand secret of forming a good government, is, to put good men into the administration: for wild, vicious, or idle men, will ever make a bad government, let its principles be ever so good; but grave, wise, and faithful men, acting under a good constitution, will afford the best chances of security, peace, and prosperity, to the the citizens, which can be derived from civil police, under the present disorders, and uncertainty of all earthly things.

PHILADELPHIA, Nov. 4, 1787.

FINIS.

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 / Honorable James Wilson, Esquire, / on the same subject. / Philadelphia: / Printed by Zachariah Poulson, Junr. in Fourth-/ Street, between Market and Arch-Street. / M.DCC.LXXXVIII.

8vo., pp. 33.

“An American Citizen” was the pseudonym of Tench Coxe, of
Pennsylvania, a member of the Annapolis Convention and the
Continental Congress, and author of a number of pamphlets on the
finances and commerce of the United States. The four letters written
over that signature were among the first to appear in favor of the
Constitution, and were reprinted in many of the newspapers of the day.

I have seen three copies with “Tench Coxe, Esq.,” interlined on the
title page in his own handwriting below “By an American Citizen.”

P. L. F.

TO THE

CANDID READER.

Every person, who desires to know _the true situation_ of the United States of America, in regard to _the freedom and powers_ of their governments, must carefully consider together the _constitution of the state_ in which he lives and _the new constitution of fœderal or general government_. The _latter alone_ is treated of in the following pages. The former, it is presumed, are sufficiently understood by the citizens who live under them.

NUMBER I.

_On the Federal Government, and first on the safety of the people,
from the restraints imposed on the President._

It is impossible for an honest and feeling mind, of any nation or country whatever, to be insensible to the present circumstances of America. Were I an East Indian, or a Turk, I should consider this singular situation of a part of my fellow creatures as the most curious and interesting. Intimately connected with the country, as a citizen of the union, I confess it entirely engrosses my mind and feelings.

To take a proper view of the ground on which we stand, it may be necessary to recollect the manner in which the United States were originally settled and [4] established. Want of charity in the religious systems of Europe, and of justice in their political governments, were the principal moving causes, which drove the emigrants of various countries to the American continent. The Congregationalists, Quakers, Presbyterians and other British dissenters, the Catholics of England and Ireland, the Hugonots of France, the German Lutherans, Calvinists and Moravians, with several other societies, established themselves in the different colonies, thereby laying the ground of that liberality in ecclesiastical affairs, which has been observable since the late revolution. Religious liberty naturally promotes corresponding dispositions in matters of government. The constitution of England as it stood on paper, was one of the freest, at that time, in the world, and the American colonies considered themselves as entitled to the fullest enjoyment of it. Thus, when the ill-judged discussions of late times in England brought into question the rights of this country, as it stood connected with the British crown, we were found more strongly impressed with their importance, and accurately acquainted with their extent, than the wisest and most learned of our brethren beyond the Atlantic. When the greatest names in parliament insisted on the power of that body over the commerce of the colonies, and even the right to bind us in all cases whatsoever, America, seeing that it was only another form of tyranny, insisted upon the immutable truth, that taxation and representation are inseparable; and, while a desire of harmony and other considerations induced her into an acquiescence in the commercial relations of Great Britain, it was done from the declared necessity of the case, and with a cautious, full, and absolute saving of our voluntarily-suspended rights. The parliament was persevering, and America continued firm, till hostilities and open war commenced, and finally the late revolution closed the contest forever.

[5] It is evident, from this short detail, and the reflections which arise from it, that the quarrel between the United States and the parliament of Great Britain did not arise so much from objections to the form of government, though undoubtedly a better one by far is now within our reach, as from a difference concerning certain important rights, resulting from the essential principles of liberty, which their constitution actually preserved to all the subjects residing within the realm. It was not asserted by America, that the people of the island of Great Britain were slaves, but that we, though possessed absolutely of the same rights, were not admitted to enjoy an equal degree of freedom.

When the declaration of independence compleated the separation between the two countries, new governments were necessarily established. Many circumstances led to the adoption of the republican form, among which was the predilection of the people. In devising the frames of government, it may have been difficult to avoid extremes opposite to the vices of that we had just rejected; nevertheless, many of the state constitutions we have chosen are truly excellent. Our misfortunes have been, that in the first instance we adopted no national government at all; but were kept together by common danger only; and that in the confusions of a civil war, we framed a fœderal constitution, now universally admitted to be inadequate to the preservation of liberty, property, and the union. The question is not, then, how far our state constitutions are good, or otherwise—the object of our wishes is, to amend and supply the evident and allowed errors and defects of the fœderal government. Let us consider awhile, that which is now proposed to us—let us compare it with the so much boasted British form of government, and see how much more it favours the people, and how completely it secures their rights, remembering, at the same time, that we did not dissolve our connection [6] with that country so much on account of its constitution, as the perversion and mal-administration of it.

In the first place, let us look at the nature and powers of the head of that country, and those of the ostensible head of ours.

The British king is the great bishop or supreme head of an established church, with an immense patronage annexed. In this capacity he commands a number of votes in the house of lords, by creating bishops, who, besides their great incomes, have votes in that assembly, and are judges in the last resort. These prelates have also many honorable and lucrative places to bestow, and thus from their wealth, learning, dignities, powers, and patronage, give a great lustre and an enormous influence to the crown.

In America, our president will not only be without these influencing advantages, but they will be in the possession of the people at large, to strengthen their hands in the event of a contest with him. All religious funds, honors and powers, are in the gift of numberless unconnected, disunited and contending corporations, wherein the principle of perfect equality universally prevails. In short, danger from ecclesiastical tyranny, that long standing and still remaining curse of the people—that sacreligious engine of royal power in some countries—can be feared by no man in the United States. In Britain their king is for life—in America, our President will always be one of the people at the end of four years. In that country, the king is hereditary, and may be an idiot, a knave, or a tyrant by nature, or ignorant from neglect of his education, yet cannot be removed, for “he can do no wrong.” This is a favorite maxim of their constitution. In America, as the President is to be one of the people at the end of his short term, so will he and his fellow citizens remember, that he was originally one of the people; and he is created by their breath. Further, he cannot be [7] an idiot, probably not a knave or tyrant, for those whom nature makes so discover it before the age of thirty-five, until which period he cannot be elected. It appears, we have not admitted that he can do no wrong, but have rather pre-supposed he may, and sometimes will do wrong, by providing for his impeachment, his trial, and his peaceable and complete removal.

In England the king has a power to create members of the upper house, who are judges in the highest court, as well as legislators. Our President not only cannot make members of the Senate, but their creation, like his own, is by the people, through their representatives: and a member of Assembly may and will be as certainly dismissed at the end of his year, for electing a weak or wicked Senator, as for any other blunder or misconduct.

The king of England has complete legislative power, while our President can only use it when the other servants of the people are divided. But in all great cases affecting the national interests or safety, his modified and restrained power must give way to the sense of two-thirds of the legislature. In fact it amounts to no more, than a serious duty imposed upon him to request both houses to reconsider any matter on which he entertains doubts or feels apprehensions; and here the people have a strong hold upon him from his sole and personal responsibility.

The President of the upper-house (or the chancellor) in England, is appointed by their king, while our Vice-President, who is chosen by the people, through the electors and the Senate, is not at all dependant on the President, but may exercise equal powers on some occasions. In all royal governments, an helpless infant or an inexperienced youth may wear the crown. Our President must be matured by the experience of years, and being born among us, his character at thirty-five must be fully understood. Wisdom, virtue and [8]active qualities of mind and body can alone make him the first servant of a free and enlightened people.