The Debate on the Constitution: Part Two

Contents

DEBATES IN THE PRESS AND IN PRIVATE CORRESPONDENCE

January r4-August 9) r788

Robert Yates and John Lansing, Jr., to Governor George Clinton, January 14, 1788

On the Likely Failure of Liberty: The Dissent of Two New York Delegates to the Philadelphia Convention

Hugh Ledlie to John Lamb, January 15, 1788 "Beware, Beware) Beware, For I Apprehend a

Dreadful Snare)) . . . . . . . . . . . .

Nathaniel Barrell to George Thatcher, January 15, 1788 Will Congress Remain a Faithful Guardian? .....

Rawlins Lowndes and Edward Rutledge Debate in the South Carolina Legislature, January 16, 1788

Should One Experiment with Liberty, or Tamper with Slavery? . . . . . . . . . . . . . . .

"Publius," The Federalist XXXIX [James Madison], January 16, 1788

What Is a Republic? Can It Be Part National, Part Federal? .......... .

"An Old State Soldier" I, January 16, 1788

"To Complete the Designs of a War That Ended Many Years Before)) . . . . . . . . . . . . . . . . . .

"Brutus" IX, January 17, 1788 The Dangers of a Standing Anny .

"Publius," The Federalist XLI [James Madison], January 19, 1788

On the Powers of the National Government: An Analysis

7

16

19

26

33

40

of Annies, Taxation, and the General Welfare Clause. 47

Henry Knox to John Sullivan, January 19, 1788 "Something Must Be Done Speedily)).

ix

57

X THE DEBATE ON THE CONSTITUTION

"Americanus" [John Stevens, Jr.] VII, January 21, 1788 A Refutation of Governor Edmund Randolph)s Objections . 58

"Publius," The Federalist XLII [James Madison], January 22, 1788

On the Powers of the Federal Government: Relations with Forei._qn Nations, and Other Provisions of Article I, Section 8. . . . . . . . . . . . . . . . . . 63

"Publius," The Federalist XLIII [James Madison], January 23, 1788

Are Force and Right Necessarily on the Same Side?.

"Centinel" [Samuel Bryan J XII, January 23, 1788 The Federalists' Conspiracy Detected: "The Most Odious

System of Tyranny That Was Ever Projected. . A Crime

71

of the Blackest Dye" . . . . . . . . . . . . . . . . . Sr

"Brutus" X, January 24, 1788 "That Dangerous Engine of Despotism a Standing Army'' 86

"Publius," The Federalist XLIV [James Madison], January 25, 1788

Restraints on the States and a Defense of the ''Necessary and Proper" and "Supreme Law" Clauses . . 93

"Publius," The Federalist XL V [James Madison], January 26, !788

On the Preponderant Power of the States .

On the New Constinition, January 28, 1788 "A Mere Disguise far Parliament and King"

"Publius," The Federalist XLVI [James Madison], January 29, 1788

Federal Tyranny: "The Incoherent Dreams of

IOI

107

a Delirious Jealousy'' . . . . . . . . . . 109

David Ramsay to Benjamin Lincoln, January 29, 1788

"Federalism ... Has Gained Great Ground". . . . II7

John Williams to His Constituents, written January 29, 1788,

published February 25, 1788 New York's Advantage in the Present System: Low Ta.>:es . . n9

CONTENTS D

"Publius," The Federalist XL VII [James Madison J, January 30, 1788

On the Separation of Powers: A Subject Misconceived and Misapplied . . . . . . . . . . . . . . . . 121

"Brntus" XI, January 31, 1788 The Supreme Court: They Will Mould the Government Into

Almost Any Shape They Please . . . . . . . . . 129

"Publius," The Federalist XL VIII [James Madison], Febrnary l, 1788

The Separation of Powers: On the Dangers of Legislative Usurpation. . . . . . . . . . . . . . . . . 136

"Publius," The Federalist XLIX [James Madison], Febrnary 2, 1788

On the Dangers of Too Frequent Conventions: Stirring the Public Passions and Attacking the Timidity of Reason . 142

"Civis" [David Ramsay] to the Citizens of South Carolina, Febrnary 4, 1788

Advantages for the South. . . . . . . . . . . . . 14 7

"Agrippa" [James Winthrop J XVIII, febrnary 5, 1788

Amend the Articles of Con.federation or Amend the Constitution? Fourteen Conditions for Accepting the Constitution . . . . . . . . . . . . . . 155

"Publius," The federalist LI [James Madison], Febrnary 6, 1788

On the Safety of Multiple Interests: Ambition Will Counteract Ambition ........... .

"A. B." [Francis Hopkinson], The Raising: A New Song for Federal Mechanics, Februarv 6, 1788 . . . . . . . . . . 169

"Brutus" XII, February 7 and 14, 1788

On the Power of the Supreme Court: Nothing Can Stand Before It. . . . . . . . . . . . . .

George Washington to the Marquis de Lafayette, February 7, 1788

Two Basic Reasons to Support the Constitution. .

171

XU THE DEBATE ON THE CONSTITUTION

"Publius," The Federalist Lii [James Madison], February 8, 1788

On the House of Representatives: Electoral Qualifications and Biennial Elections . . . . . . . . . . . 182

"Publius," The Federalist LIII [James Madison], February 9, 1788

On the Frequency of Elections. . . . . . . . .

William Williams to the Printer, February n, 1788 To Obtain Blessings from the Most High . . . .

"Publius, "The Federalist LIV [James Madison], February 12, 1788

Are Slaves Property or Persons? . . . . . . . .

"Publius," The Federalist L V [James Madison], February 13, 1788

How Large Should the House of Representatives Be?

"Publius," The Federalist LVI [James Madison], February 16, 1788

"The Sufficiency of a Moderate Number of Representatives)) . . . . . . . . . . .

"Publius," The Federalist LVII [James Madison], February 19, 1788

Representatives and Their Constituencies: The Chords

193

196

202

208

Which Bind . . . . . . . . . . . . . . 213

Harry Innes to John Brown, February 20, 1788

The Trans-Appalachian West: "We Shall Be the Mere Vassals of the Congress)) . . . . . . . . . . . . 219

"Brutus" XIII, February 21, 1788 The Judicial Power: Can an Individual Sue a State? . 222

Hugh Williamson's Speech at Edenton, North Carolina, delivered November 8, r787, printed February 25, 26, 27, 1788

"General Bankruptcy and Loss of Honor . . . Rejoice in the Prospect of Better Times)). . . . . . . . . . . 227

"Centinel" [Samuel Bryan] XVI, February 26, 1788

A Conspiracy Detected To Obliterate Debts Owed to the Public ................ . 237

CONTENTS nu

Jeremiah Hill to George Thatcher, c. February 26, 1788 "Future Grandeur)). . . . . . . . . . . . . . . 241

"A Deep Laid Scheme to Enslave Us . . Invented in the Society of the Cincinnati," February 27, 1788 . . . . . 243

"Publius," The Federalist LXII [James Madison], February 27, 1788

The Senate Examined . . . . . . . . . . . . 244

"The Impartial Examiner" I, part 2, February 27, 1788 On the Diversity of Interests and the Dangers of Standing

Armies and a Supreme Court. . . . . . . . . . 251

Benjamin Rush to Jeremy Belknap, February 28, 1788

A Hopeful Future. . . . . . . . . . . . . . . . 256

"Brutus" XIV, February 28 and March 6, 1788

The Supreme Court: The Danger of Appellate Jurisdiction. 258

Joseph Spencer to James Madison, Enclosing John Leland's Objections, February 28, 1788

Ten Objections by a Leading Vit;_qinia Baptist . . . . . 267

Rhode Island's Assembly Refuses to Call a Convention and Submits the Constitution Directly to the People, February 29 and March l, 1788. . . . . . . . . . . 270

The Freemen of Providence Submit Eight Reasons for Calling a Convention, March 26, 1788 . . . 276

"A Columbian Patriot" [Mercy Otis Warren], Observations on the Constitution, February 1788

"The Gulph of Despotism Set Open)) . . . . . . . 284

"Giles Hickory" [Noah Webster] III, February 1788

Liberty Is Never Secured by Paper Declarations ..

"Publius," The Federalist LXIII [Jan1es Madison], March r, 1788

304

"The Necessity of a Well Constructed Senate,, . . . 316

"Publius," The Federalist LXV [Alexander Hamilton], March 7, 1788

The Senate as the Court for Impeachments . . . . . . 325

XIV THE DEBATE ON THE CONSTITUTION

John Page to Thomas Jefferson, March 7, 1788

Convincing the Voters . . . . . . . . . . .

"Publius," The Federalist LXVIII [Alexander Hamilton], March 12, 1788

The Electoral College Will Prevent "Cabal, Intrigue and

331

Corruption)) in Presidential Elections. . . . . . . . 333

"Publius," The Federalist LXIX [Alexander Hamilton], March 1+, 1788

The Limits of Executive Power. . . . . . . . . . . . 338

"Publius," The Federalist LXX [Alexander Hamilton], March 15, 1788

Executive Ene1'._lf.V.' Is It Necessary? Safe? . . . 3+6

Comte de Moustier to Comte de Montmorin, March 16, 1788

On the Difficulty of Judging What the Outcome Will Be 355

"Publius," The Federalist LXXI [Alexander Hamilton], March 18, 1788

On the Length of the President,s Term . . . . . . . . 357

"Publius," The Federalist LXXII [Alexander Hamilton], March 19, 1788

Should the President Be Eligible far Reelection? . 362

"A Freeman" to the Freeholders and Freemen of Rhode Island, March 20, 1788

The British and American Constitutions Contrasted

"Brutus" XV, March 20, 1788

The Supreme Court: "No Power Above Them That Can

368

Controul Their Decisions, or Correct Their Errors)). . 372

"Publius,'' The Federalist LXXIV [Alexander Hamilton], March 25, 1788

The President,s Pardoning Power: To "Restore the Tranquility of the Commonwealth)). . . . . . . . . . . . . 379

James Madison to Eliza House Trist, March 25, 1788

Madison,s First "Harangue . .. In the Open Air)) . 382

CONTENTS XV

"Publius," The Federalist LXXV [Alexander Hamilton], March 26, 1788

Why Both the President and the Senate Have Treaty-Making Power . . . . . . . . . . . . . . . 383

"Publius," The Federalist LXXVI [Alexander Hamilton], April l, 1788

On Executive Appointments: Why the President and the Senate Together? . . . . . . . . . . . . . . . . 389

"Publius," The Federalist LXXVII [Alexander Hamilton], April 2, 1788

Executive Powers: Energy and Safety Combined . . . 395

"K." [Benjamin Franklin] to the Editor, April 8, 1788

The Antifederalists Compared with the Ancient Jews as Rejectors of Divine Constitutions . . . . . . . . . 401

"To Be or Not To Be? Is the Question,'' April 16, 1788 . 406

"Fabius" [John Dickinson], "Observations on the Constitution Proposed by the Federal Convention" III, April 17, 1788

Freedom and Society: On the Necessity of Sacrificing Separate Rights for the Good of All . . . . . . . . . . . . . . 408

"Plough Jogger,'' April 17, 1788 Too Little Virtue for a Mild Government .

Benjamin Rush to David Ramsay, April 19, 1788 Against Simple Democracies and Bills of Rights: Only

Representation and Checks Can Guarantee Liberty 417

George Washington to John Armstrong, April 25, 1788 On Amendments and the Value of a Formidable Opposition . 420

"Fabius" [John Dickinson], "Observations on the Constitution Proposed by the Federal Convention" VIII, April 29, 1788

On the Safety of an Extensive Republican Empire . . . . . 424

A Grand Procession in Honor of Ratification, May 6, 1788

"The Most Interesting Scene Ever Exhibited in this Part of the World)) . . . . . . . . . . . . . . . . . 430

XVI THE DEBATE ON THE CONSTITUTION

J. Hector St. John Crevecoeur to Comte de la Luzerne, May 16, 1788

Dismal Prospects for the Neiv Union . . . . . . 439

James Madison to George Nicholas, May 17, 1788

The Constitution and the Development of the American West . . . . . . . . . . . .

"An American" [Tench Coxe J, May 21, 1788 Vit;ginia's Poiver Under the Constitution and the Dangers of

443

Failing to RatifY: Advice from a Respectful Countryman . 451

Richard Henry Lee to Edmund Pendleton, May 26, 1788

To Guarantee Essential Rights: A Scheme for Amending the Constitution . . . . . . . . . . . . . . . . . . . . +62

"Publius," The Federalist LXXVIII [Alexander Hamilton], May 28, 1788

On the Independence of Judges and Judicial Revieiv. . . 4-67

"Publius," The Federalist LXXX [Alexander Hamilton], May 28, 1788

On the Bounds and Jurisdiction of the Federal Courts . 476

"Publius," The Federalist LXXXI [Alexander Hamilton], May 28, 1788

On the Supposed Danger of the Supreme Court Legislating and Becoming «Uncontrolable and Remediless'' . . . . +83

"Publius," The Federalist LXXXII [Alexander Hamilton J, May 28, 1788

State and Federal Courts: Concurrent Jurisdictions? . . . 4-93

"Publius," The Federalist L:XXXV [Alexander Hamilton], May 28, 1788

Some Final Thoughts . . . . . . . . . . . . . . . . 4-98

David Ramsay's Oration at Charleston, South Carolina, delivered May 27, 1788, printed June 5, 1788

«Heaven Smiled on Their Deliberations, and Inspired Their Councils ivith a Spirit of Conciliation)) . . . . . . . 506

Simeon Baldwin's Oration at New Haven, July 4-, 1788 «This Monument of Wisdom . .. the Foundation of a

Glorious Empire)) . . . . . . . . . . . . . . . . 514-

CONTENTS XVU

"Phocion," July 17, 1788 On the Economic Advantages of Union: Providence Will Be

Another Antwerp, Newport Another Brest . . . . . . . 526

"Solon, Junior" [David Howell], August 9, 1788 The Spirit of the Times: Greater Than Laws and

Constitutions . . . . . . . . . . . . . . .

The Ratifications and Resolutions of Seven State Conventions, February 6-August 2, 1788

Principles Affirmed and Amendments Proposed .

DEBATES IN THE STATE RATIFYING CONVENTIONS

South Carolina Ratifying Convention, May 12-24, 1788

Charles Cotesworth Pinckney Explains America's Unique

533

Structure of Freedom, May 14, 1788 . . . . . . . 577

Patrick Dollard Fears a Corrupt, Despotic Aristocracy . . 592

Virginia Ratifying Convention, June 2-27, 1788

Patrick Henry's Opening Speech: A Wrong Step Now and the Republic Will Be Lost Forever, June 4, 1788. . . 595

Governor Edmund Randolph Explains Why He Now Supports the Constitution with Amendments, June 4, 1788 . . . . . . . . . . . . . . . . 598

George Mason Fears for the Rights of the People, June 4, 1788 . . . . . . . . . . . . . . . . 605

James Madison Replies to Patrick Henry, Defending the Taxing Power and Explaining Federalism, June 6, 1788 . 6n

Patrick Henry Replies to Governor Randolph, June 7, 1788 . 623

Henry Lee's Sharp Reply to Patrick Henry's Attacks on the Constitution, June 9, 1788 . . . . . . 637

James Madison on Direct Taxation by the Federal Government, June n, 1788 . . . . . . . . . . 649

XVlll THE DEBATE ON THE CONSTITUTION

James Madison on Concurrent Taxation and the future of the American West, June r2, 1788. . . . . . . . . . 664

Patrick Henry Elaborates His Main Objections, and James Madison Responds, June 12, 1788 . . . . . . . . . 673

James Monroe Questions James Madison on Congressional Control of Elections to the House and Senate, June 14, 1788 . . . . . . . . . . . . . . . . . . . 693

Patrick Henry's Objections to a National Army and James Madison's Reply, June 16, 1788. . . . . . . . . . 695

Patrick Henry and James Madison Debate Constructive Rights and the Uses of the Militia, June 16, 1788 . 701

George Mason and James Madison Debate the Slave-Trade Clause, June 17, 1788 . . . . . . . . . . . . . 706

Governor Edmund Randolph on the "Necessary and Proper" Clause, Implied Powers, and Bills of Rights, June 17, 1788 . . . . . . . . . . . . . . . . . . . 709

George Mason on the President: He Will Serve for Life and Be Corrupted by Foreign Powers, June 17, 1788 . . . . . 718

George Mason Fears the Power of the Federal Courts: What Will Be Left to the States~ June 19, 1788 . . . . 720

John Marshall on the fairness and Jurisdiction of the Federal Courts, June 20, 1788 . . . . . . . . 730

John Dawson's Fears for the Future, June 24, 1788 . 742

Zachariah Johnston, "of the Middle Rank," Favors Ratification Without Previous Amendments, June 25, 1788 . . . . . . . . . . . . . . . . 751

New York RatiJYing Convention, June 17-July 26, r788

Melancton Smith and Alexander Hamilton Debate Representation, Aristocracy, and Interests, June 21, 1788 . . . . . . . . . . . . . . . . 757

Robert R. Livingston, Melancton Smith, and John Jay Debate Aristocracy, Representation, and Corruption, June 23, 1788 . . . . . . . . . . . . . . . . . . . 776

CONTENTS XlX

Gilbert Livingston Warns Against Giving the Senate Power Too Profusely, June 24, 1788. . . . . . . . . . . . 789

Robert R. Livingston Replies to Gilbert Livingston's "Dreamings of a Distempered Fancy," June 24, 1788 . 792

Alexander Hamilton Defends the Senate: A Small, Independent, Discerning Body to Check the Passions of the People, June 24, 1788 . . . . . . . . . . . . 795

Melancton Smith and Alexander Hamilton Debate Rotation in the Senate, June 25, 1788 . . . . . . . . . . . . 803

Melancton Smith Fears the Federal Taxing Power and the Capacity of Any Free Government to Rule So Vast a Nation, June 27, 1788 . . . . . . . . . . . . . . . 816

Melancton Smith Writes to Nathan Dane, Reconsidering His Position on Ratification and Amendments, June 28, 1788 822

Alexander Hamilton Discusses Federal Taxation and Denies That His Views Arc Influenced by Personal Ambition, June 28, 1788 . . . . . . . . . . . . . . . . . . . . 824

Robert R. Livingston Compares Antifedcralists to "Children Making Bubbles with a Pipe," July l, 1788 . . . . . 836

Melancton Smith Mocks Robert R. Livingston's "Comic Talents" and Replies to His "Misrepresentation," July 2, 1788 . . . . . . . . . . . . . . . . . . . 841

Nathan Dane Writes to Melancton Smith, Recommending That New York Unconditionally Ratif)', July 3, 1788 . 844

Melancton Smith Replies to Nathan Dane, Agreeing with His Arguments, c. July 15, 1788 . . . . . . . . . . 851

Melancton Smith Speaks in Support of Ratification Without Condition, July 23, 1788 . . . . . . . . . . . . . . . . 852

North Carolina RatifYing Convention, July 21-August 4, 1788

Five Speakers Debate Congressional Control of Congressional Elections, July 25, 1788. . . . . . . . . 854

The Debate on Congressional Elections Continued: Britain and America Contrasted, July 25, 1788 . . . . . . . . 861

XX THE DEBATE ON THE CONSTITUTION

James Iredell on the Necessity for a Peacetime Army, July 26, 1788 . . . . . . . . . . . . . . . . . 864

James Iredell on the Presidency, Spies, the Pardoning Power, and Impeachment, July 28, 1788 . . . . . . . . . . 870

Samuel Spencer Objects to the Powers of the Senate and Fears It Will Control the President, July 28, 1788 . . 879

James Iredell on Impeaclunent: "It Must Be for an Error of the Heart, and Not of the Head," July 28, 1788 . . . . 882

Samuel Spencer and William R. Davie Debate the Need for a Bill of Rights and the Jurisdiction of the Federal Courts, July 29, 1788 . . . . . . . . . . . . . . . . . . . 888

Andrew Bass Thinks the Constitution Is "Uncommonly Difficult, or Absolutely Unintelligible"; Maclaine and Iredell Respond, July 29, 1788 . . . . . . . . . . . 897

James Iredell and Timothy Bloodworth Debate the Supremacy of the Constitution and of Federal Law, July 29, 1788 . . . . . . . . . . . . . . . . . . . 899

Henrv Abbot and James Iredell Debate the Ban on Religious Tests: Could Not the Pope Be President? July 30, 1788 . 902

Rev. David Caldwell and Samuel Spencer Continue the Debate on Religious Toleration, July 30, 1788 . . 908

James Iredell Urges Ratification, and a Vote Is Taken, July 30, 1788 . . . . . . . . . . . . . . . . . 910

APPENDIX

The Declaration of Independence

The Articles of Confederation . .

Letter from the Constiu1tional Convention to the President of Congress . . . . .

Resolutions of the Convention Concerning the Ratification

921

926

937

and Implementation of the Constitution 939

The Constitution. . . . . . . . . . . . . . . 940

CONTENTS

Biographical Notes. . . .

Chronology of Events 1714-1804

Notes on State Constitutions, 1776--90 .

Note on the Texts

Notes

Index

XX!

967

1025

ro87

ro93

nos

n59