Essays on the Constitution of the United States Part 1

Essays on the Const.i.tution of the United States.

by Paul Leicester Ford.

INTRODUCTION.

In 1888 the editor selected from the pamphlet arguments published during the discussion of the Const.i.tution of the United States, prior to its ratification by the States, a collection of fourteen tracts, and printed them in a volume under the t.i.tle of _Pamphlets on the Const.i.tution of the United States_. The reception given that collection clearly proved that these writings were only neglected because of their rarity and inaccessibility, and has induced the editor to collect another, though largely similar cla.s.s of writings, which he believes of equal value and equally unknown.

In the great discussion which took place in the years 1787 and 1788 of the adoption or rejection of the Const.i.tution of the United States, one of the important methods of influencing public opinion, resorted to by the partisans and enemies of the proposed frame of government, was the contribution of essays to the press of the period. The newspapers were filled with anonymous articles on this question, usually the product of the great statesmen and writers of that period. Often of marked ability, and valuable as the personal views of the writers, the dispersion and destruction of the papers that contained them have resulted in their almost entire neglect as historical or legal writings, and the difficulty of their proper use has been further increased by their anonymous character, which largely destroyed the authority and weight they would have carried, had their true writers been known.

From an examination of over forty files of newspapers and many thousand separate issues, scattered in various public and private libraries, from Boston to Charleston, the editor has selected a series of these essays, and reprinted them in this volume. From various sources he has obtained the name of the writer of each. All here reprinted are the work of well-known men. Five of the writers were Signers of the Declaration of Independence; seven were members of the Federal Convention; many were members of the State Conventions, and there discussed the Const.i.tution.

All had had a wide experience in law and government. Their arguments are valuable, not merely for their reasoning, but from their statement of facts. New light is thrown upon the proceedings in the Federal Convention, so large a part of which is yet veiled in mystery; and personal motives, and state interests, are mercilessly laid bare, furnishing clues of both the support of and opposition to the Const.i.tution. Subsequently most of the writers were prominent in administering this Const.i.tution or opposing its development, and were largely responsible for the resulting tendencies of our government.

PAUL LEICESTER FORD.

_Brooklyn, N. Y., April, 1892._

THE LETTERS OF Ca.s.sIUS, WRITTEN BY JAMES SULLIVAN.

Note.

The letters signed Ca.s.sius were, at the time of publication, generally accredited to the pen of James Sullivan, and this opinion is adopted in Amory's _Life of James Sullivan_. The letters themselves bear out this opinion, being clearly written by a partisan of the Hanc.o.c.k faction, of whom Sullivan was a warm adherent, and constant newspaper essayist.

The first two letters were printed before the promulgation of the proposed Const.i.tution in Ma.s.sachusetts, and chiefly relate to the differences between the two parties headed by John Hanc.o.c.k and James Bowdoin; but are included here to complete the series. The letters are of particular value as giving the position of Hanc.o.c.k, of whom Sullivan was the particular mouthpiece, proving him to be a supporter of the adoption of the Const.i.tution, though the contrary has often been a.s.serted. The early letters were commented upon by "Old Fog," in the _Ma.s.sachusetts Centinel_ of Sept. 22 and Oct. 6, 1787.

Ca.s.sius, I.

The Ma.s.sachusetts Gazette, (Number 367).

TUESDAY, SEPTEMBER 18, 1787.

For the Ma.s.sachusetts Gazette.

It is a great pity that such an able writer as Numa(1) should take up the pen to distribute sentiments, which have a tendency to create uneasiness in the minds of the misinformed and weak, (for none other will be influenced by them) especially at this time when the state is hardly recovered from those convulsions,(2) it has so recently experienced.

The real well-wisher to peace and good government cannot but execrate many of the ideas which that would be disturber of tranquillity has lately proclaimed to the publick, through the channels of the Hampshire Gazette, and Independent Chronicle.(3) The man of sense, the true lover of his country, would, if a change of officers was to take place in the government to which he was subject, and men be placed in power, whom he thought not so capable of the task as those who preceded them, endeavour, all in his power, to extenuate the evil, and none but the ruthless incendiary, or the disappointed tool, would, at such a period, conduct in a manner the reverse.

It is well known, that there is a party in this state whose sentiments are in favour of aristocracy; who wish to see the const.i.tution dissolved, and another, which shall be more arbitrary and tyrannical, established on its ruins. Perhaps a few of this description were members of the last administration.(4) If so, most happy for the commonwealth, they are now hurled from seats of power, and unable to carry into effect plans laid for subverting the liberties of the people.-Checked at once in their horrid career-all those hopes blasted which they entertained of concerting measures which would "afford them matter for derision at a future day,"-they now put on the garb of hypocrisy, and seem to weep for the terrible misfortunes which they pretend are hovering around us. Such characters are, it is hoped, forever banished from places of trust. Some of them pretend to be mighty politicians,-they display a vast knowledge of ancient times-and by their harangues about the conduct of Greece, Rome and Athens, show their acquaintance with the pages of antiquity. In some few instances, however, perhaps they are a little mistaken. The learned Numa says, "the degenerate Romans banished Cicero for saving the commonwealth."

Rome did not banish Cicero-a faction, who wished to triumph over the liberties of Rome, exiled that immortal orator; and to that, or a similar one, he at last fell a sacrifice. If a faction can be styled the people, with great propriety do the disappointed aristocraticks, and their tools, in our day, style themselves, the great majority of the people.

If Numa, and others of the like stamp, are politicians, they are very short-sighted ones. If our government is weak, is it policy to weaken it still more by false suggestions, and by a scandalous abuse of our rulers?

by endeavouring to spread a spirit of discontent among the people, and prejudicing their minds against those whom, by their suffrages, they have chosen to take the helm of affairs? If this is policy, Numa is, indeed, an accomplished politician.

But the time of triumph for the aristocratick clan is now over. The people have seen their folly in listening too much to them already. Their conduct has involved the state in confusion; but it is hoped, a conduct the reverse will place matters again upon a right footing. The secret machinations, which were harboured in the b.r.e.a.s.t.s of those aristocratick dupes, have been laid open to publick inspection-their plans thoroughly investigated-and the horrid tendency of them, had they taken effect, been fully manifested.

They may weep, crocodile-like, till the source of their tears is dried up, they never will get the prey into their jaws, which they hoped to devour.

The sting of remorse, it may be hoped, will bring them to a sense of their guilt, and an upright conduct make some amends for their high-handed offences. Should this take place, an injured people may forgive, though they never can forget them.

Let Numa reflect, that we now have, at the head of government, those men who were the first to step forth in the great cause of liberty-who risked their all to acquire the blessings of freedom; though that freedom, through the influence of such characters as himself, has been often abused.

The people know their rulers, and have confidence in them: and can it be supposed, that they would have confidence in those, whose dastardly souls, in time of danger, shrunk back from the scene of action, and kept secure in their strong holds? and when peace and independence had crowned the exertions of far more n.o.ble souls, they groped out of darkness and obscurity, and intruded themselves into places of power and trust?

Can it be expected, that the people should have confidence in such men, or feel themselves secure under their government? By no means. The bandage is taken from their eyes-they see and detest them. They have displaced them, that they may return to their former obscurity, and pa.s.s the remainder of their days in philosophizing upon their conduct. Numa and his coadjutors may exert themselves all in their power; but they cannot again stir up sedition and rebellion.

The people now have too much penetration to be led away by their falsehoods and scandal: they will, it is hoped, ere long, reap the blessings of good government, under the direction of a wise administration, and treat in a manner they deserve, every incendiary attempt against their peace and happiness.

Ca.s.sIUS.

Ca.s.sius, II.

The Ma.s.sachusetts Gazette, (Number 371)

TUESDAY, OCTOBER 2, 1787.

For the Ma.s.sachusetts Gazette.

To Numa's long list of evils, which he says, in some of his productions, are prevalent in the commonwealth, he might have added, that when priests became Jesuits, the liberties of the people were in danger-in almost all countries, we shall find, that when sedition and discontent were brewing, Political Jesuits were often at the bottom of the affair.

Unhappily for Numa, the citizens of Ma.s.sachusetts are not so blinded by ignorance, nor so devoted to prejudice and superst.i.tion, as the common people in those arbitrary and despotick governments, where clerical imposition reigns paramount almost to everything else; where the freedom of speech is suppressed, and the liberty of the people, with regard to examining for themselves, totally restrained.

It is, however, the case that, even in this country, the weak and ignorant are often led too implicitly to put their faith wholly upon what their spiritual teachers think proper to inform them, and precipitately imbibe sentiments from them, which, if their teacher is a designing knave, may prove detrimental to society. The Jesuit will, however, find it very difficult, notwithstanding many circ.u.mstances may seem to favor his views, to carry the point of altering a free government to one more arbitrary, in such a country as this.

The cloak of religion too often answers to promote plans detrimental to the peace and happiness of mankind. The priests, who accompanied the Spaniards when they first invaded the kingdoms of Mexico and Peru, urged on those blood-hounds to perpetrate scenes of cruelty and horror (at the bare recital of which human nature shudders), with a.s.surances that it would tend to promote the cause of the Christian religion, if they effected the conquest of those unhappy people, and that any conduct was justifiable to bring infidels to a sense of their duty.

The teacher of the benign and peaceable doctrine of the Saviour of mankind, often thinks he can, with greater security, on account of his profession, disseminate the seeds of sedition and discontent, without being suspected. This thought no doubt occurred to Numa before he exhibited his designing productions to the publick. Sheltered under the sacred wing of religion, how many an impious wretch stalks secure from publick justice,

"Whose mem'ries ought, and will perhaps yet live, In all the glare which infamy can give."

Numa indicates that he means to prepare the minds of the people for the reception of that government which the Federal Convention shall think most proper for them to adopt. In the name of common sense, what can that scribbler mean by this a.s.sertion? Is a scandalous abuse of our rulers-the propagation of sentiments which are calculated to set the publick mind in a ferment-if they are so far attended to as to have any influence among the people-a fit preparation for such a measure? Surely, by no means, and every thinking mind will discover that the productions of Numa are either intended to effect secret purposes, or that they are merely effusions of the fanatick brain of that Quixote of the day.

Instead of vile insinuations and falsehoods being spread among the people, in regard to their rulers, in order to prepare their minds for the reception of that form of government which the Federal Convention may propose, sentiments the very reverse ought to be propagated. The people ought to be inspired with the highest confidence in those who preside over the affairs of the state. It ought to be implanted in their minds, that their rulers are men fit to conduct every plan which might be proposed, to promote the general welfare of the people; and this with truth may be a.s.serted. But Numa has no more intention of preparing the minds of the people for the government which the Federal Convention may propose, than Queen Catharine has of abdicating the throne of Russia.

The people of Ma.s.sachusetts ought to be cautioned, above everything, to be on their guard with respect to the conduct of Political Jesuits. They have generally been the curse of almost every country that has cherished; they have often been the promoters of revolution and bloodshed. A set of infernal fiends, let loose from the dreary mansions of Beelzebub, cannot be more detrimental to the place and happiness of society, than a band of Political Jesuits.