To the
Citizens of the State of New-York.
When the public is called to investigate and decide upon a question in which not only the
present members of the community are deeply interested, but upon which the happiness and
misery of generations yet unborn is in great measure suspended, the benevolent mind cannot
help feeling itself peculiarly interested in the result.
In this situation, I trust the feeble efforts of an individual, to lead the minds of the
people to a wise and prudent determination, cannot fail of being acceptable to the candid
and dispassionate part of the community.
Encouraged by this consideration, I have been induced to offer my thoughts upon the present
important crisis of our public affairs.
Perhaps this country never saw so critical a period in their political concerns.
We have felt the feebleness of the ties by which these United-States are held together,
and the want of sufficient energy in our present confederation, to manage, in some instances,
our general concerns.
Various expedients have been proposed to remedy these evils, but none have succeeded.
At length a Convention of the states has been assembled, they have formed a constitution
which will now, probably, be submitted to the people to ratify or reject, who are the
fountain of all power, to whom alone it of right belongs to make or unmake constitutions,
or forms of government, at their pleasure.
The most important question that was ever proposed to your decision, or to the decision
of any people under heaven, is before you, and you are to decide upon it by men of your
own election, chosen specially for this purpose.
If the constitution, offered to [your acceptance], be a wise one, calculated to preserve the
invaluable blessings of liberty, to secure the inestimable rights of mankind, and promote
human happiness, then, if you accept it, you will lay a lasting foundation of happiness
for millions yet unborn; generations to come will rise up and call you blessed.
You may rejoice in the prospects of this vast extended continent becoming filled with freemen,
who will assert the dignity of human nature.
You may solace yourselves with the idea, that society, in this favoured land, will fast
advance to the highest point of perfection; the human mind will expand in knowledge and
virtue, and the golden age be, in some measure, realised.
But if, on the other hand, this form of government contains principles that will lead to the
subversion of liberty — if it tends to establish a despotism, or, what is worse, a tyrannic
aristocracy; then, if you adopt it, this only remaining assylum for liberty will be [shut]
up, and posterity will execrate your memory.
Momentous then is the question you have to determine, and you are called upon by every
motive which should influence a noble and virtuous mind, to examine it well, and to
make up a wise judgment.
It is insisted, indeed, that this constitution must be received, be it ever so imperfect.
If it has its defects, it is said, they can be best amended when they are experienced.
But remember, when the people once part with power, they can seldom or never resume it
again but by force.
Many instances can be produced in which the people have voluntarily increased the powers
of their rulers; but few, if any, in which rulers have willingly abridged their authority.
This is a sufficient reason to induce you to be careful, in the first instance, how
you deposit the powers of government.
With these few introductory remarks I shall proceed to a consideration of this constitution:
The first question that presents itself on the subject is, whether a confederated government
be the best for the United States or not?
Or in other words, whether the thirteen United States should be reduced to one great republic,
governed by one legislature, and under the direction of one executive and judicial; or
whether they should continue thirteen confederated republics, under the direction and controul
of a supreme federal head for certain defined national purposes only?
This enquiry is important, because, although the government reported by the convention
does not go to a perfect and entire consolidation, yet it approaches so near to it, that it must,
if executed, certainly and infallibly terminate in it.
This government is to possess absolute and uncontroulable power, legislative, executive
and judicial, with respect to every object to which it extends, for by the last clause
of section 8th, article Ist, it is declared "that the Congress shall have power to make
all laws which shall be necessary and proper for carrying into execution the foregoing
powers, and all other powers vested by this constitution, in the government of the United
States; or in any department or office thereof."
And by the 6th article, it is declared "that this constitution, and the laws of the United
States, which shall be made in pursuance thereof, and the treaties made, or which shall be made,
under the authority of the United States, shall be the supreme law of the land; and
the judges in every state shall be bound thereby, any thing in the constitution, or law of any
state to the contrary notwithstanding."
It appears from these articles that there is no need of any intervention of the state
governments, between the Congress and the people, to execute any one power vested in
the general government, and that the constitution and laws of every state are nullified and
declared void, so far as they are or shall be inconsistent with this constitution, or
the laws made in pursuance of it, or with treaties made under the authority of the United
States.
— The government then, so far as it extends, is a complete one, and not a confederation.
It is as much one complete government as that of New-York or Massachusetts, has as absolute
and perfect powers to make and execute all laws, to appoint officers, institute courts,
declare offences, and annex penalties, with respect to every object to which it extends,
as any other in the world.
So far therefore as its powers reach, all ideas of confederation are given up and lost.
It is true this government is limited to certain objects, or to speak more properly, some small
degree of power is still left to the states, but a little attention to the powers vested
in the general government, will convince every candid man, that if it is capable of being
executed, all that is reserved for the individual states must very soon be annihilated, except
so far as they are barely necessary to the organization of the general government.
The powers of the general legislature extend to every case that is of the least importance
— there is nothing valuable to human nature, nothing dear to freemen, but what is within
its power.
It has authority to make laws which will affect the lives, the liberty, and property of every
man in the United States; nor can the constitution or laws of any state, in any way prevent or
impede the full and complete execution of every power given.
The legislative power is competent to lay taxes, duties, imposts, and excises; — there
is no limitation to this power, unless it be said that the clause which directs the
use to which those taxes, and duties shall be applied, may be said to be a limitation;
but this is no restriction of the power at all, for by this clause they are to be applied
to pay the debts and provide for the common defence and general welfare of the United
States; but the legislature have authority to contract debts at their discretion; they
are the sole judges of what is necessary to provide for the common defence, and they only
are to determine what is for the general welfare: this power therefore is neither more nor less,
than a power to lay and collect taxes, imposts, and excises, at their pleasure; not only the
power to lay taxes unlimited, as to the amount they may require, but it is perfect and absolute
to raise them in any mode they please.
No state legislature, or any power in the state governments, have any more to do in
carrying this into effect, than the authority of one state has to do with that of another.
In the business therefore of laying and collecting taxes, the idea of confederation is totally
lost, and that of one entire republic is embraced.
It is proper here to remark, that the authority to lay and collect taxes is the most important
of any power that can be granted; it connects with it almost all other powers, or at least
will in process of time draw all other after it; it is the great mean of protection, security,
and defence, in a good government, and the great engine of oppression and tyranny in
a bad one.
This cannot fail of being the case, if we consider the contracted limits which are set
by this constitution, to the late governments, on this article of raising money.
No state can emit paper money — lay any duties, or imposts, on imports, or exports,
but by consent of the Congress; and then the net produce shall be for the benefit of the
United States.
The only mean therefore left, for any state to support its government and discharge its
debts, is by direct taxation; and the United States have also power to lay and collect
taxes, in any way they please.
Every one who has thought on the subject, must be convinced that but small sums of money
can be collected in any country, by direct taxe[s], when the foederal government begins
to exercise the right of taxation in all its parts, the legislatures of the several states
will find it impossible to raise monies to support their governments.
Without money they cannot be supported, and they must dwindle away, and, as before observed,
their powers absorbed in that of the general government.
It might be here shewn, that the power in the federal legislative, to raise and support
armies at pleasure, as well in peace as in war, and their controul over the militia,
tend, not only to a consolidation of the government, but the destruction of liberty.
— I shall not, however, dwell upon these, as a few observations upon the judicial power
of this government, in addition to the preceding, will fully evince the truth of the position.
The judicial power of the United States is to be vested in a supreme court, and in such
inferior courts as Congress may from time to time ordain and establish.
The powers of these courts are very extensive; their jurisdiction comprehends all civil causes,
except such as arise between citizens of the same state; and it extends to all cases in
law and equity arising under the constitution.
One inferior court must be established, I presume, in each state at least, with the
necessary executive officers appendant thereto.
It is easy to see, that in the common course of things, these courts will eclipse the dignity,
and take away from the respectability, of the state courts.
These courts will be, in themselves, totally independent of the states, deriving their
authority from the United States, and receiving from them fixed salaries; and in the course
of human events it is to be expected, that they will swallow up all the powers of the
courts in the respective states.
How far the clause in the 8th section of the Ist article may operate to do away all idea
of confederated states, and to effect an entire consolidation of the whole into one general
government, it is impossible to say.
The powers given by this article are very general and comprehensive, and it may receive
a construction to justify the passing almost any law.
A power to make all laws, which shall be necessary and proper, for carrying into execution, all
powers vested by the constitution in the government of the United States, or any department or
officer thereof, is a power very comprehensive and definite, and may, for ought I know, be
exercised in a such manner as entirely to abolish the state legislatures.
Suppose the legislature of a state should pass a law to raise money to support their
government and pay the state debt, may the Congress repeal this law, because it may prevent
the collection of a tax which they may think proper and necessary to lay, to provide for
the general welfare of the United States?
For all laws made, in pursuance of this constitution, are the supreme lay of the land, and the judges
in every state shall be bound thereby, any thing in the constitution or laws of the different
states to the contrary notwithstanding.
— By such a law, the government of a particular state might be overturned at one stroke, and
thereby be deprived of every means of its support.
It is not meant, by stating this case, to insinuate that the constitution would warrant
a law of this kind; or unnecessarily to alarm the fears of the people, by suggesting, that
the federal legislature would be more likely to pass the limits assigned them by the constitution,
than that of an individual state, further than they are less responsible to the people.
But what is meant is, that the legislature of the United States are vested with the great
and uncontroulable powers, of laying and collecting taxes, duties, imposts, and excises; of regulating
trade, raising and supporting armies, organizing, arming, and disciplining the militia, instituting
courts, and other general powers.
And are by this clause invested with the power of making all laws, proper and necessary,
for carrying all these into execution; and they may so exercise this power as entirely
to annihilate all the state governments, and reduce this country to one single government.
And if they may do it, it is pretty certain they will; for it will be found that the power
retained by individual states, small as it is, will be a clog upon the wheels of the
government of the United States; the latter therefore will be naturally inclined to remove
it out of the way.
Besides, it is a truth confirmed by the unerring experience of ages, that every man, and every
body of men, invested with power, are ever disposed to increase it, and to acquire a
superiority over every thing that stands in their way.
This disposition, which is implanted in human nature, will operate in the federal legislature
to lessen and ultimately to subvert the state authority, and having such advantages, will
most certainly succeed, if the federal government succeeds at all.
It must be very evident then, that what this constitution wants of being a complete consolidation
of the several parts of the union into one complete government, possessed of perfect
legislative, judicial, and executive powers, to all intents and purposes, it will necessarily
acquire in its exercise and operation.
Let us now proceed to enquire, as I at first proposed, whether it be best the thirteen
United States should be reduced to one great republic, or not?
It is here taken for granted, that all agree in this, that whatever government we adopt,
it ought to be a free one; that it should be so framed as to secure the liberty of the
citizens of America, and such an one as to admit of a full, fair, and equal representation
of the people.
The question then will be, whether a government thus constituted, and founded on such principles,
is practicable, and can be exercised over the whole United States, reduced into one
state?
If respect is to be paid to the opinion of the greatest and wisest men who have ever
thought or wrote on the science of government, we shall be constrained to conclude, that
a free republic cannot succeed over a country of such immense extent, containing such a
number of inhabitants, and these encreasing in such rapid progression as that of the whole
United States.
Among the many illustrious authorities which might be produced to this point, I shall content
myself with quoting only two.
The one is the baron de Montesquieu, spirit of laws, chap. xvi. vol.
I [book VIII].
"It is natural to a republic to have only a small territory, otherwise it cannot long
subsist.
In a large republic there are men of large fortunes, and consequently of less moderation;
there are trusts too great to be placed in any single subject; he has interest of his
own; he soon begins to think that he may be happy, great and glorious, by oppressing his
fellow citizens; and that he may raise himself to grandeur on the ruins of his country.
In a large republic, the public good is sacrificed to a thousand views; it is subordinate to
exceptions, and depends on accidents.
In a small one, the interest of the public is easier perceived, better understood, and
more within the reach of every citizen; abuses are of less extent, and of course are less
protected."
Of the same opinion is the marquis Beccarari.
History furnishes no example of a free republic, any thing like the extent of the United States.
The Grecian republics were of small extent; so also was that of the Romans.
Both of these, it is true, in process of time, extended their conquests over large territories
of country; and the consequence was, that their governments were changed from that of
free governments to those of the most tyrannical that ever existed in the world.
Not only the opinion of the greatest men, and the experience of mankind, are against
the idea of an extensive republic, but a variety of reasons may be drawn from the reason and
nature of things, against it.
In every government, the will of the sovereign is the law.
In despotic governments, the supreme authority being lodged in one, his will is law, and
can be as easily expressed to a large extensive territory as to a small one.
In a pure democracy the people are the sovereign, and their will is declared by themselves;
for this purpose they must all come together to deliberate, and decide.
This kind of government cannot be exercised, therefore, over a country of any considerable
extent; it must be confined to a single city, or at least limited to such bounds as that
the people can conveniently assemble, be able to debate, understand the subject submitted
to them, and declare their opinion concerning it.
In a free republic, although all laws are derived from the consent of the people, yet
the people do not declare their consent by themselves in person, but by representatives,
chosen by them, who are supposed to know the minds of their constituents, and to be possessed
of integrity to declare this mind.
In every free government, the people must give their assent to the laws by which they
are governed.
This is the true criterion between a free government and an arbitrary one.
The former are ruled by the will of the whole, expressed in any manner they may agree upon;
the latter by the will of one, or a few.
If the people are to give their assent to the laws, by persons chosen and appointed
by them, the manner of the choice and the number chosen, must be such, as to possess,
be disposed, and consequently qualified to declare the sentiments of the people; for
if they do not know, or are not disposed to speak the sentiments of the people, the people
do not govern, but the sovereignty is in a few.
Now, in a large extended country, it is impossible to have a representation, possessing the sentiments,
and of integrity, to declare the minds of the people, without having it so numerous
and unwieldly, as to be subject in great measure to the inconveniency of a democratic government.
The territory of the United States is of vast extent; it now contains near three millions
of souls, and is capable of containing much more than ten times that number.
Is it practicable for a country, so large and so numerous as they will soon become,
to elect a representation, that will speak their sentiments, without their becoming so
numerous as to be incapable of transacting public business?
It certainly is not.
In a republic, the manners, sentiments, and interests of the people should be similar.
If this be not the case, there will be a constant clashing of opinions; and the representatives
of one part will be continually striving against those of the other.
This will retard the operations of government, and prevent such conclusions as will promote
the public good.
If we apply this remark to the condition of the United States, we shall be convinced that
it forbids that we should be one government.
The United States includes a variety of climates.
The productions of the different parts of the union are very variant, and their interests,
of consequence, diverse.
Their manners and habits differ as much as their climates and productions; and their
sentiments are by no means coincident.
The laws and customs of the several states are, in many respects, very diverse, and in
some opposite; each would be in favor of its own interests and customs, and, of consequence,
a legislature, formed of representatives from the respective parts, would not only be too
numerous to act with any care or decision, but would be composed of such heterogenous
and discordant principles, as would constantly be contending with each other.
The laws cannot be executed in a republic, of an extent equal to that of the United States,
with promptitude.
The magistrates in every government must be supported in the execution of the laws, either
by an armed force, maintained at the public expence for that purpose; or by the people
turning out to aid the magistrate upon his command, in case of resistance.
In despotic governments, as well as in all the monarchies of Europe, standing armies
are kept up to execute the commands of the prince or the magistrate, and are employed
for this purpose when occasion requires: But they have always proved the destruction of
liberty, and [are] abhorrent to the spirit of a free republic.
In England, where they depend upon the parliament for their annual support, they have always
been complained of as oppressive and unconstitutional, and are seldom employed in executing of the
laws; never except on extraordinary occasions, and then under the direction of a civil magistrate.
A free republic will never keep a standing army to execute its laws.
It must depend upon the support of its citizens.
But when a government is to receive its support from the aid of the citizens, it must be so
constructed as to have the confidence, respect, and affection of the people.
Men who, upon the call of the magistrate, offer themselves to execute the laws, are
influenced to do it either by affection to the government, or from fear; where a standing
army is at hand to punish offenders, every man is actuated by the latter principle, and
therefore, when the magistrate calls, will obey: but, where this is not the case, the
government must rest for its support upon the confidence and respect which the people
have for their government and laws.
The body of the people being attached, the government will always be sufficient to support
and execute its laws, and to operate upon the fears of any faction which may be opposed
to it, not only to prevent an opposition to the execution of the laws themselves, but
also to compel the most of them to aid the magistrate; but the people will not be likely
to have such confidence in their rulers, in a republic so extensive as the United States,
as necessary for these purposes.
The confidence which the people have in their rulers, in a free republic, arises from their
knowing them, from their being responsible to them for their conduct, and from the power
they have of displacing them when they misbehave: but in a republic of the extent of this continent,
the people in general would be acquainted with very few of their rulers: the people
at large would know little of their proceedings, and it would be extremely difficult to change
them.
The people in Georgia and New-Hampshire would not know one another's mind, and therefore
could not act in concert to enable them to effect a general change of representatives.
The different parts of so extensive a country could not possibly be made acquainted with
the conduct of their representatives, nor be informed of the reasons upon which measures
were founded.
The consequence will be, they will have no confidence in their legislature, suspect them
of ambitious views, be jealous of every measure they adopt, and will not support the laws
they pass.
Hence the government will be nerveless and inefficient, and no way will be left to render
it otherwise, but by establishing an armed force to execute the laws at the point of
the bayonet — a government of all others the most to be dreaded.
In a republic of such vast extent as the United-States, the legislature cannot attend to the various
concerns and wants of its different parts.
It cannot be sufficiently numerous to be acquainted with the local condition and wants of the
different districts, and if it could, it is impossible it should have sufficient time
to attend to and provide for all the variety of cases of this nature, that would be continually
arising.
In so extensive a republic, the great officers of government would soon become above the
controul of the people, and abuse their power to the purpose of aggrandizing themselves,
and oppressing them.
The trust committed to the executive offices, in a country of the extent of the United-States,
must be various and of magnitude.
The command of all the troops and navy of the republic, the appointment of officers,
the power of pardoning offences, the collecting of all the public revenues, and the power
of expending them, with a number of other powers, must be lodged and exercised in every
state, in the hands of a few.
When these are attended with great honor and emolument, as they always will be in large
states, so as greatly to interest men to pursue them, and to be proper objects for ambitious
and designing men, such men will be ever restless in their pursuit after them.
They will use the power, when they have acquired it, to the purposes of gratifying their own
interest and ambition, and it is scarcely possible, in a very large republic, to call
them to account for their misconduct, or to prevent their abuse of power.
These are some of the reasons by which it appears, that a free republic cannot long
subsist over a country of the great extent of these states.
If then this new constitution is calculated to consolidate the thirteen states into one,
as it evidently is, it ought not to be adopted.
Though I am of opinion, that it is a sufficient objection to this government, to reject it,
that it creates the whole union into one government, under the form of a republic, yet if this
objection was obviated, there are exceptions to it, which are so material and fundamental,
that they ought to determine every man, who is a friend to the liberty and happiness of
mankind, not to adopt it.
I beg the candid and dispassionate attention of my countrymen while I state these objections
— they are such as have obtruded themselves upon my mind upon a careful attention to the
matter, and such as I sincerely believe are well founded.
There are many objections, of small moment, of which I shall take no notice — perfection
is not to be expected in any thing that is the production of man — and if I did not
in my conscience believe that this scheme was defective in the fundamental principles
— in the foundation upon which a free and equal government must rest — I would hold
my peace.
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