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 http://www.archive.org/details/cu31924030454387 
 
PENNSYLVANIA 
 
 AND THE 
 
 jFetrecal OTonstitution 
 
 1787-1788 
 
JAMES WILSON. LL.D. 
 Ifat.n42-0b 1798. 
 
 Jh>m c^^ita in' the-possessurru e/^^ie-I^isiaritMZ Soaetif gfJ'enM''^ 
 
PENNSYLVANIA 
 
 AND THE 
 
 dFetieral (jTonstitution 
 
 1787-1788 
 
 EDITED BY 
 
 JOHN BACH McMASTER 
 
 AND 
 
 FREDERICK D. STONE 
 
 PUBLISHED FOR THE SUBSCRIBERS BY 
 THE HISTORICAI, SOCIETY OF PENNSYI^VANIA 
 
 1888 
 
erif 
 
 
 UNIVERSflY 
 
 INQUIRER PRINTING AND PUBLISHING CO., 
 
 Printers and Stereotvpers, 
 
 Lancaster, Pa. 
 
 '-' (1 
 
 V^- (.( r n 
 
 c 
 
 
 1 
 
PREFACE. 
 
 The object of this book is to show the circumstances under 
 which the Federal Constitution was ratified by Pennsylvania. 
 She was the^ first of the large states to accept the plan that 
 gave the states having a small population an equal repre:sen- 
 tation in the Senate with the others, and her prompt action 
 influenced the result. Had this action been less prompt or 
 less decided, it would have opened the way to dissensions 
 and amendments that would in all probability have caused 
 the rejection of the Constitution, or have sunk it to the level 
 of the Articles of Confederation. Preceded only by Delaware 
 in taking final action on the Constitution, she was the first 
 to undertake its consideration. 
 
 Twenty hours after the Continental Congress submitted 
 the Constitution to the States, the Assembly of Pennsylvania 
 called a convention to ratify or reject it. When formally sent 
 out to the people of the State, the "New Plan" at once be- 
 came the subject of a violent contest, which continued almost 
 to the day when Washington was sworn into ofiice. 
 
 The history of this contest has never been written. In 
 1830 Jonathan Elliot published a collection of the debates 
 that took place in some of the state conventions, and in this 
 collection Pennsylvania was given a place. But what is 
 there set forth as a record of the debate is false to history and. 
 discreditable to the industry of Mr. Elliot. The Conven- 
 tion sat from November 21 to December 15, the debate was 
 exhaustive, the adverse views were strongly and ably urged. 
 Yet Mr. Elliot gives only the preliminary proceedings, the 
 speeches of James Wilson and a single speech of Thomas 
 McKean, each in defence of the Constitution. He simply 
 reprinted the small volume published by Thomas Lloyd in 
 1788, in which all the arguments of the opposition were 
 suppressed. 
 
 It is true, the majority of the Convention refused to have 
 their verdict weakened by allowing the minority to enter 
 
 (v) 
 
vi Preface. 
 
 their reasons of dissent on the Journal; but these reasons 
 with proposed amendments were issued as a broadside, and 
 ■spread all over the country. They show that the battle was 
 fought out here and conclusions reached that in many cases 
 commended themselves to the majority of the people. The 
 amendments thus unofficially offered were the forerunners 
 of those of Massachusetts and Virginia, and undoubtedly 
 formed the basis of what Mr. Madison laid before the House 
 of Representatives in 1789. 
 
 The material for a proper showing of the conduct of the 
 people of Pennsylvania during the struggle over the Federal 
 Constitution in 1787, is plentiful and of two sorts— the official 
 proceedings and debates of the Assembly and the Convention, 
 and the essays, squibs, letters, speeches, etc. , that were pub- 
 lished from day to day in the Journals and Gazettes. 
 
 Of the debates, unhappily, no complete report is in ex- 
 istence. The Convention employed no short-hand reporter 
 to take down what was said, the report begun by Alexander 
 J. Dallas for the Pennsylvania "Herald" was soon sup- 
 pressed, and from November 30, 1787, the sources of inform- 
 ation are some notes by James Wilson, some speeches reported 
 by Thomas Lloyd, and the summaries that appeared in the 
 newspapers. From such material has been constructed the 
 account of the debates in the Convention given in Chapter 
 Fourth, which is probably all that can ever be known. The 
 Journal of the Convention — a bare record of meetings, mo- 
 tions, adjournments, and votes — has not been reprinted for 
 lack of room. 
 
 From the squibs and essays, many exceedingly unwise and 
 dry, but all showing forth the popular views of the Constitu- 
 tion, such a selection has been made as seems to fairly 
 represent both the Federal and Antifederal side. Much has 
 been omitted, but whatever has been omitted has generally 
 been said somewhere else in better form. 
 
 To preserve the memoirs of the men who were thought fit 
 to represent the people on this occasion, a series of biograph- 
 ical sketches have been added. 
 
 Philadelphia.^ June gth., 1888. 
 
CONTENTS. 
 
 PAGE 
 
 CHAPTER I. 
 The Struggle over, the Constitution i 
 
 CHAPTER II. 
 The Convention Cai<i,ed 27 
 
 CHAPTER III. 
 Before the Convention Met 120 
 
 CHAPTER IV. 
 The Debate in the Convention 204 
 
 CHAPTER V. 
 Whue the Convention was Sitting 432 
 
 CHAPTER VI. 
 Aeter the Convention Rose 454 
 
 CHAPTER VII. 
 Letters of Centinei, •- 565 
 
 CHAPTER VIII. 
 Sketches oe the Pennsyi,vania Members of the Federai, 
 Convention 701 
 
 CHAPTER IX. 
 Sketches of the Members op the Pennsyi,vania Convention . 712 
 
 CHAPTER X. 
 Appendix— Wilson's Notes— Replies of Mifflin and Morris to 
 Centinel 763 
 
 (vii) 
 
LIST OF PORTRAITS. 
 
 PAGE 
 
 James Wrtsorr Frontispiece. 
 
 Robert Morris ^^ 
 
 George Ci,ymer 27 
 
 Jared Ingersoi,!, no 
 
 Alexander James Dai<i,as 213 
 
 Anthony Wayne 247 
 
 Jasper Yeates 295 
 
 Thomas McKean 365 
 
 Wii,i,iAM FiNDi,EY 454 
 
 Bi,EAzER Oswald 566 
 
 Thomas Mifflin 662 
 
 Benjamin Franklin gqg 
 
 GoirvERNETJR Morris 709 
 
 Frederick Augustus Muhlenberg 7^, 
 
 BENJAMIN Rush ^^q 
 
 (viii) 
 
CHAPTER I. 
 
 THE STRUGGI^E OVER THE CONSTITUTION. 
 
 The constitution of the United States, as is well known, 
 was framed during the summer of 1787, by a convention of 
 delegates from twelve States. The convention sat in the old 
 State House at Philadelphia, and after a stormy session of 
 four months, ended its labors on September 17th, 1787. On 
 the afternoon of that day, the constitution duly signed by 
 thirty-nine of the members, some resolutions, and a letter 
 from Washington, were ordered to be sent to Congress, to be 
 by it transmitted to the States. 
 
 While these things were taking place in a lower room of 
 the State House, the lyCgislature of Pennsylvania was in ses- 
 sion in a room above, and to it, on the morning of September 
 18th, the constitution was read. Copies were then given to 
 the press, and the next day the people of Philadelphia were 
 reading the new plan in the "Packet," the "Journal," and 
 the "Gazetteer." For a few days nothing but praise was 
 heard. But, before a week was gone, a writer made bold 
 to attack it in the "Freeman's Journal;" answers were 
 made to him in the "Gazetteer;" more attacks followed, the 
 community was split into two great parties, the names 
 Federal and Antifederal were formally assumed, and a strug- 
 gle, the most interesting in the early history of the constitu- 
 tion, was commenced. 
 
 The new frame of government meanwhile had been pre- 
 sented to Congress, and there, too, had been strongly opposed. 
 Led on by Melanchthon Smith, the New York delegates op- 
 posed it to a man. William Grayson, of Virginia, denounced 
 it as too weak. Richard Henry L,ee hated it for being too 
 strong, and with him went Nathan Dane, of Massachusetts. 
 To submit such a document to Congress, they held, was 
 absurd. Congress could give it no countenance whatever. 
 
 (I) 
 
2 The Struggle Over the Constitution. 
 
 The proposed constitution was a plan for a new government; 
 a new .government could not be set up till the old had been 
 pulled down, and to pull down the old was out of the power 
 of Congress. They were reminded that Congress had sanc- 
 tioned the meeting of the convention, and told that, if Con- 
 gress could approve the convention, it could approve the 
 work the convention did. But they would not be convinced, 
 and on September 26th, Lee moved a bill of rights and a long 
 list of amendments. He would have no Vice-President, a 
 council of state to be joined with the President in making 
 appointments, more representatives, and more than a majority 
 to pass an act for the regulation of commerce. His bill and 
 his amendments were not considered, and the next day Ivce 
 came forward with a new resolution. This was, that the acts 
 of the convention should be sent to the executives of the 
 States, to be by them laid before their legislatures. Instantly 
 a member from Delaware moved to add the words: " In order 
 to be by them submitted to conventions of delegates to be 
 chosen agreeably to the said resolutions of the convention." 
 The question was taken, and of the twelve States on the 
 floor, all were for the motion save New York, and all save 
 New York and Virginia were so unanimously. It was then 
 moved to urge the legislatures to call state conventions with 
 all the speed they could ; but Congress rose, and the matter 
 went over to the next day. 
 
 It was now quite clear that neither party could have its 
 own way. The Federalists wished to send the new plan to 
 the States by the undivided vote of Congress. But this they 
 could not do while the New York delegates held out. I^ee 
 and his followers wished to send it, if sent at all, without one 
 word of approval. But this they could not do unless the 
 Federalists were willing. When, therefore. Congress again 
 assembled at noon on the 28th, each party gave up something. 
 The Federalists agreed to withhold all words of approval. 
 The Antifederalists agree to unanimity. The amendments 
 offered by lyce on the 26th, and the vote on the 27th, were then 
 expunged from the journal, and the constitution, the resolu- 
 tions of the convention, and the letter of Washington, were 
 formally sent to the States. 
 
Action of the Pennsylvania Assembly. 3 
 
 William Bingham of Pennsylvania at once sent off an ex- 
 press to Philadelphia with the news. But the rider had not 
 crossed the ferry to Paulus Hook when the I^egislature of 
 Pennsylvania began to act. The Assembly had resolved to 
 adjourn sine die on Saturday, September 29th. But the Fed- 
 eralists had determined that before adjournment a state con- 
 vention to consider the constitution should be called. When, 
 therefore, the day drew near, and no word of approval came 
 from Congress, they took the matter into their own hands, 
 and on Friday morning George Clymer rose in his place, and 
 moved that a state convention of deputies be called, that they 
 meet at Philadelphia, and that they be chosen in the same 
 manner and on the same day as the members of the next 
 General Assembly. Mr. Whitehill, who sat for Cumberland, 
 objected, moved to put off consideration of the matter till 
 afternoon, and provoked a long and bitter debate. The people, 
 it was said, in the State at large knew nothing about the new 
 plan. To inform them before election would be impossible. 
 The matter should be left to the next Assembly. Congress 
 besides had taken no action, and till Congress did, no State 
 could act: the articles of confederation forbade them; they 
 must keep on federal ground. The motion again was un- 
 parliamentary. The custom of the Assembly had always 
 been, when important business was to be brought on, to give 
 notice beforehand, have the matter made the order of the 
 day, and have the bill read three times. To now bring on 
 business so important by surprise, and hurry it through with- 
 out debate, was clearly to serve some bad end. 
 
 Such argument, however, could not bring over a single 
 Federalist, and the first of the resolutions,* that calling the 
 convention to meet at Philadelphia, was carried by a vote of 
 forty-three to nineteen. The Assembly then adjourned till 
 four in the afternoon. 
 
 Not a few of the minority lodged in the house of Major 
 Boyd, on Sixth street, and there it is likely a plan was laid 
 that came very near being successful. The Assembly consisted 
 of sixty-nine members. Forty-six made a quorum. If, there- 
 
 *Chap. II., p. 28. 
 
4 The Struggle Over the Constitution. 
 
 fore, n:.neteen kept away there would be no quorum, and n 
 there was no quorum the house would be forced to adjourn 
 with the day for the election of delegates unfixed, and the 
 manner of choosing the members unsettled. It was accord- 
 ingly arranged that not one of the nineteen should go to the 
 afternoon session, and not one did. 
 
 At four o'clock the Assembly met, with the Speaker and 
 every federal member in his place. But all told, they counted 
 only forty-four, and the business could not go on. After 
 waiting a while and no more coming in, the Speaker sent out 
 the sergeant-at-arms to summon the absentees. None would 
 obey, and the house was forced to adjourn to 9 o'clock on 
 Saturday morning. 
 
 Meanwhile, the rider sent on by Mr. Bingham came spur- 
 ring into town with the resolution of Congress submitting 
 the constitution to the States. This, when the Speaker had 
 taken the chair on Saturday, was read to the house. Hoping 
 that the opposition of the minority would now be removed, 
 the sergeant-at-arms and the assistant clerk were dispatched 
 to hunt up the malcontents, show them the resolution, 
 and summon them to attend. The two officers went first to 
 Major Boyd's, where were James M'Calmont, who sat for 
 Franklin, and Jacob Miley, from Dauphin. They were 
 shown the resolution, and stoutly said they would not go. 
 The people, however, decided that they should; broke into 
 their lodgings, seized them, dragged them through the streets 
 to the State House, and thrust them into the assembly room, 
 with clothes torn and faces white with rage. The quorum 
 was now complete. 
 
 When the roll had been called and a petition praying for a 
 convention presented and read, Mr. M'Calmont rose, com- 
 plained of his treatment, and asked to be excused. Some de- 
 bate followed, in the course of which the rules touching the 
 matter were read. It then appeared that every member who 
 did not answer at roll-call was to be fined 2s. 6d. But when 
 a quorum could not be formed without him, a fine of 5s. was 
 to be imposed. Thereupon Mr. M'Calmont rose, and, taking 
 some silver from his pocket, said, "Well, sir, here is your 5s. 
 
Pelatiah Webster. 5 
 
 to let me go." The gallery broke into a laugh, the Speaker 
 refused the money, and the debate went on till the vote was 
 about to be taken, when Mr. M'Calmont left his seat and 
 made for the door. Instantly the gallery* cried out, ' ' Stop 
 him." The crowd about the door did so; Mr. M'Calmont 
 returned to his seat; the house refused to excuse him, and 
 appointed the first Tuesday in November for the election of 
 delegates. 
 
 While these things were happening in the Assembly, the 
 minority were busy preparing an address to the people, which 
 sixteen of the nineteen signed. 
 
 The objections of these men were ten in number. The 
 new plan was offensive because it was too costly, because it 
 was to be a government of three branches, because it would 
 ruin state governments or reduce them to corporations, be- 
 cause power of taxation was vested in Congress, because lib- 
 erty of the press was not assured, because trial by jury was 
 abolished in civil cases, and because the federal judiciary 
 was so formed as to destroy the judiciary of the States. There 
 ought to have been rotation in ofSce, in place of which repre- 
 sentatives were to be chosen for two years and senators for 
 six. There ought to have been a declaration of rights, and 
 provision against a standing army. They were at once an- 
 swered in verse, in squibs, in mock protests, in serious and 
 carefully drawn replies. One such reply came from six of 
 the majority. Another, the longest and the most elaborate 
 of all, was written by Pelatiah Webster. Webster was born 
 at Lebanon, Connecticut, in 1725, and seems to have pos- 
 sessed the traditional versatility of the New England people. 
 At twenty-one he was graduated from Yale college, studied 
 theology, and for two years preached in the town of Green- 
 wich. Wearying of this he turned business man, and went 
 to Philadelphia in 1755. Either the profits were small or the 
 business not to his taste, for in 1763 he accepted the place of 
 
 *This word occurs in the newspapers of the day. But the Assembly 
 room contained no gallery. The term, therefore, must be understood in a 
 parliamentary sense, and as referring to the people who stood in a crowd 
 along the wall and aroutid the door. 
 
6 The Struggle Over the Constitution. 
 
 second English master iu the Germantown academy, on a 
 salary of one hundred pounds, proclamation money, a year. 
 This he gave up in 1766, after which time nothing is known 
 concerning him till, in 1776, he published an essay in favor 
 of taxation for the purpose of redeeming the continental bills 
 of credit. The British in 1778 threw him into jail, where he 
 staid six months. As soon as he was free he once more took 
 up the study of continental finance, and began a series of 
 seven essays on "Free Trade and Finance," of which the 
 first appeared in 1779 and the last in 1785. "A Dissertation 
 on the Political Union and Constitution of the Thirteen 
 United States of North America," one of the early efforts 
 towards a more perfect union, appeared in 1783. In 1795 
 Webster died. 
 
 But an answer more decisive than that of Mr. Webster 
 was made by the people at the polls, when the day came 
 for choosing the members of the new Assembly and Council. 
 Then Robert Whitehill, who signed the address as one of 
 the sixteen, and had, in return, been put up for a seat in 
 the Council, was thrown out by the voters of Cumberland 
 county. Samuel Dale, whose name likewise appeared at 
 the foot of the address, and Frederick Antis, who, having 
 voted for the convention in the memorable morning session, 
 went out with the nineteen in the afternoon, each met a like 
 fate in Northumberland. 
 
 The election, however, to which the factions looked for- 
 ward with most concern was that of delegates to the conven- 
 tion. Four weeks were to come and go before this took 
 place, and during these weeks the Antifederalists were all ac- 
 tivity. A friend was early found in Eleazer Oswald, who 
 then owned the "Independent Gazetteer, or Chronicle of 
 Freedom," and a champion in the unknown author of the 
 letters of "Centinel." 
 
 Who "Centinel" was cannot be known. His letters in 
 their day were ascribed to Oswald, to George Bryan, to 
 almost every Antifederalist of note. But it seems not unlikely 
 that the writer was Samuel Bryan. * Be this as it may, the 
 
 *'rhis statement is made on the authority of Mr. Paul Leicester Ford who 
 
Eleazer Oswald. 7 
 
 letters deserve "the same rank in the list of pieces opposing 
 the constitution, that has been given to the "Federalist" in 
 the list of pieces supporting the constitution. 
 
 Eleazer Oswald was a native of Great Britian, and came 
 to this country just at the outbreak of the Revolutionary 
 war. Young, romantic, deeply impressed with the rights of 
 man, he instantly took the part of the colonies, joined their 
 army and fought for them during half the war. He was with 
 Ethen Allen when Ticonderoga was taken, marched with 
 Benedict Arnold to the siege of Quebec, led the forlorn hope 
 on the day Montgomery fell, and took part under Washington 
 in the battle of Monmouth. Of war he now seems to have 
 had enough, for he resigned his commission in 1778, went to 
 Philadelphia, and there, after casting about for something to 
 do, turned tavern keeper and printer, re-opened the London 
 Coffee House, and began the publication of the "Independent 
 Gazetteer." Like most Whigs, he firmly believed the arti- 
 cles of confederation needed to be -improved; but the con- 
 stitution he considered no improvement at all, pronounced it 
 monarchical, and made his paper the receptacle of the fiercest 
 attacks on the new plan and its supporters. It was to the 
 "Gazetteer" that Columbus and Gouvero, Tom Peep and 
 Bye-Stander contributed their squibs, that " Philadelphien- 
 sis" sent his observations, and that "Centinel" contributed 
 his twenty-four letters. 
 
 Stripped of all bitterness, the arguments of the two parties 
 maybe briefly stated. The new plan, said the Antifederalists, 
 is not only a confederation of States, which it ought to be; but 
 a government over individuals, which it ought not to be. 
 Not only may Congress overawe the States, but it can go 
 
 has kindly furnished the folio-wing piece of information: "At the time of 
 their publication, George Bryan, of Pennsylvania, -was charged -with the 
 authorship of the letters of Centinel, and as such -was the subject of many 
 attacks from the Federalist ne-wspapers ; but his son, Samuel Bryan, -writing 
 to George Clinton, says: 'I have not the honor of being personally kno-wn 
 to your Excellency, but * * * I flatter myself that in the character of 
 Centinel I have been honored -with your approbation and esteem.' It ap- 
 pears, ho-wever, from the Belknap Papers (II. 24, 35), that Eleazer Oswald, 
 printer of the ' Independent Gazetteer, ' -was the author of some of the shorter 
 squibs over that pseudonym." 
 
8 The Struggle Over the Constitution. 
 
 down and lay hold on the life, liberty and property of the 
 meanest citizen in the land. Where powers so extensive are 
 bestowed on a government, the limits of the powers and the 
 rights of the people ought to be clearly defined. Does the 
 constitution do this? Far from it. No safeguards whatever 
 are provided. There is no bill of rights, while trial by jury, 
 that great bulwark of liberty, is carefully done away with in 
 civil cases. Liberty of the press is not secured. Religious 
 toleration is not provided for. There are to be general search 
 warrants, excise laws, a standing army which the constitu- 
 tion does not forbid being quartered on the people. This is 
 serious. For, by one article the "constitution and the laws 
 made in pursuance thereof," are to be "the supreme law of 
 the land." They are, moreover, to be binding on the judges 
 of each State, anything in the constitution or laws of that State 
 to the contrary notwithstanding. Now, the state constitu- 
 tions provide for liberty of the press, of speech, and of wor- 
 ship. The constitution of the United States does not. A 
 law by Congress abolishing any of these would therefore be 
 in pursuance of the constitution, would be "the supreme law 
 of the land," and would be binding on every state judge in 
 the union. 
 
 By another article Congress is to have power to lay taxes, 
 imposts and duties. But so have the States power to lay 
 taxes. How long will it be before all taxation is in the hands 
 of Congress? For, is it not clear that when two powers are 
 given equal command over the purses of the people, they will 
 fight for the spoils ? And is it not clear that the weaker will 
 be found to yield to the stronger? And will not Congress be 
 stronger? State sovereignty, so carefully preserved in the 
 articles, is well nigh destroyed in the constitution. The peo- 
 ple, not the States, are to be represented in the house, and 
 there every delegate is to vote as a man. L,est the people 
 should derive any benefit from this change, annual elections 
 and rotation in office are to be swept away. A republican 
 form of government is indeed guaranteed, but whoever will 
 take the pains to look will see that it is the form, and not 
 the substance. Innumerable acts of sovereignty are to be 
 
speech of James Wilson. 9 
 
 taken from the States. They can coin no money, nor regulate 
 their trade, nor derive one shilling from impost duty, 
 ^ Indeed, there was hardly a provision in the whole constitu- 
 tion of which the Antifederalists could approve. The num- 
 ber of representatives was too small. The Senate was too 
 aristocratic. The jurisdiction of the supreme court was too 
 extensive. The President had powers which, when joined 
 with those of the Senate, were utterly incompatible with 
 liberty. 
 
 To strictures such as these a number of replies were made 
 by the Federalists. Some were sarcastic or foolish, and in- 
 tended merely to provoke a laugh. Some were temperate, 
 and well considered, and of such the best were the speech of 
 James Wilson at the State House, and the essays of "A 
 Federalist," and "Plain Truth." 
 
 The occasion of Mr. Wilsorf's speech was a public meeting 
 in the State House yard, to nominate delegates to the next Gen- 
 eral Assembly. As it was well known that the business of 
 the meeting would bring a great crowd, the Federalists in- 
 duced Mr. Wilson to make an address by way of answer to 
 the many charges the Antifederalists had brought against the 
 constitution. 
 
 He began by calling on his hearers to recollect that the 
 constitutions of the States were very different instruments 
 from the constitution proposed for the United States. When 
 the people set up their state governments, they gave to their 
 legislatures every right and every power which they did not 
 expressly withhold. But in giving powers to the federal 
 government this principle had been reversed, and the au- 
 thority of Congress would be determined not by tacit impli- 
 cation, but by positive grant expressed in the constitution. 
 In the case of the state governments, every power not ex- 
 pressly reserved was given. In the case of the proposed 
 federal government, every power not expressly given was 
 reserved. 
 
 This distinction being recognized, the • objection of those 
 who wished for a bill of rights was answered. A bill of 
 rights was prefixed to the constitution of Pennsylvania, be- 
 
lo The Struggle Over the Constitution. 
 
 cause in such an instrument the reserved powers must be 
 specified, and this specification was done in the bill of 
 rights. No bill of rights had been added to the proposed 
 constitution of the United States, because it was not necessary 
 to sum up the reserved powers, because no power was given 
 unless expressly given, and the collection of express powers 
 was the constitution. 
 
 Another objection was that trial by jury in civil cases 
 would be abolished. This was a mistake. The business of 
 the convention that framed the constitution was not local, 
 but general. Its duty was not to meet the views and usages 
 of any one State, but the views and usages of thirteen States. 
 These usages were not common. When, therefore, the fed- 
 eral convention was considering the matter of jury trial, the 
 members found themselves beset with difficulties on every 
 hand. Cases open to a jury in-one State were not open to a 
 jury in another. Nowhere were admiralty cases, and such 
 as came up in courts of equity, sent to a panel of twelve. To 
 lay down a general rule was therefore impossible, and the 
 convention wisely gave up the task, and left the matter as it 
 stood, feeling sure no danger could arise. 
 
 The charge that the constitution would destroy the state 
 governments was, Mr. Wilson held, refuted by the constitu- 
 tion itself. Was not the President to be chosen by electors? 
 and was not the manner of choosing the electors to be deter- 
 mined by the legislatures of the States? Were not the sena- 
 tors to be elected by the state legislatures? Were not the 
 qualifications of an elector of representatives to be the same 
 as "the qualifications requisite for electors of the most 
 numerous branch of the state legislature? ' ' Did it not follow 
 then that if the legislatures were destroyed no President could 
 be chosen, no senators elected, no represenatives voted for? 
 
 Mr. Wilson then went on to refute the charges of " a stand- 
 ing army in time of peace," and of "the baleful aristocracy 
 in the United States Senate." He ended his speech with 
 the statement that the men who opposed the constitution did 
 so from personal, not patriotic motives. They were, he said 
 placemen, tax collectors and excisemen, who, should the 
 
'•'^ Great Nantes^ ii 
 
 new plan go into effect, would be turned out of office by the 
 abolition, or transfer to the federal government of the places 
 they held under the State. * 
 
 The speech was hailed by the Federalists as final, and pro- 
 voked the Antifederalists to make innumerable replies. ' ' Cen- 
 tinel" devoted a whole letter to answering it. From New 
 York came a series of long letters in reply. "A Democratic 
 Federalist" labored hard to refute him. 
 
 Others, who could not answer, began to call names. "An 
 officer of the late Continental army ' ' described the speech as 
 a "train of pitiful sophistries, unworthy of the man who 
 uttered them." One bitter lampooner nick-named him 
 "James de Caledonia." Another vilified him as "Jimmy." 
 A third summed up his objections to the constitution with 
 the remark that such a haughty aristocrat as Mr. Wilson 
 having approved the new plan, was the best reason in the 
 world why the people should reject it. 
 
 This, it was said, might possibly be so, if Mr. Wilson 
 were the only signer of the constitution. But he was not. 
 His was but one name in a long list of great names. Had it 
 not been signed by a Washington, and did there live a villain 
 so black-hearted as to assert that the American Fabius was 
 now seeking to destroy the liberties he had done so much to 
 secure? Had not Franklin signed it, and did any one sup- 
 pose that he would close a long and splendid career by re- 
 commending to his countrymen an infamous constitution? 
 Had it not been signed by a Morris and a Sherman? The 
 Antifederalists admitted that it had, but warned the people 
 not to be blinded by the glamour of great names. Were there 
 not names, as great as any at the foot of the constitution, to 
 be seen at the foot of the articles of confederation articles 
 
 *Gouvemeur Morris in a letter to Washington makes the same statement. 
 There had, he wrote, been reason to "dread the cold and sour temper of the 
 back counties, and still more the wicked industry of those who have long 
 habituated themselves to live on the public, and cannot bear the idea of being 
 removed from the power and profit of State government, which has been 
 and still is the means of supporting themselves, their families and depend- 
 ents, and (which perhaps is equally grateful) of depressing and humbling 
 their political adversaries." 
 
ra The Struggle Over the Constitution. 
 
 now declared to be thoroughly bad? Nay, had not some of 
 the very men who put their hands to the one, put their hands 
 to the other? Had not Roger Sherman, and Robert Morris^ 
 and Gouverneur Morris, recommended the confederation. 
 What, then, was the value of these boasted great names ? If 
 these patriots had erred once, what was to hinder them from 
 erring twice? "Centinel" went so far as to make some re- 
 marks on Washington and Franklin, which the Federalists 
 interpreted to mean that Washington was a fool from nature 
 and Franklin a fool from old age. The abuse of the "great 
 names ' ' once begun, no one was spared. The whole list of 
 signers was gone through with. Robert Morris was "Bobby 
 the Cofferer, ' ' and was said to be for the constitution because he 
 hoped the new government would wipe out the debts he owed 
 the old. Thomas Mifflin was "Tommy the Quartermaster 
 General," and gave his support because his accounts were 
 400,000 dollars short. Gouverneur Morris was "Gouvero 
 the cunning man." Few was sneered at as a bricklayer. 
 Telfair was accused of having been a Tory. Baldwin was 
 twitted with having once been steward of Princeton college, 
 which was false. To the convention was given the nickname 
 of the dark conclave. 
 
 The hatred was most bitter, however, toward the eight who 
 signed for Pennsylvania. Indeed, so loud was the outcry 
 against them, that when the time came to nominate delegates 
 to the state convention, it was thought best that James Wil- 
 son should be the only one put up. The precaution was 
 unnecessary, for in Philadelphia the Federalists carried 
 everything. 
 
 Election day was the sixth of November. Five delegates 
 were to be chosen from the city of Philadelphia, and when 
 the polls were closed at the State House, it appeared that the 
 Antifederalists had suffered a crushing defeat. The name 
 standing highest on the federal ticket received twelve hun- 
 dred and fifteen votes, and the name that stood lowest, eleven 
 hundred and fifty-seven votes. For Pettit, who headed the 
 antifederal ticket, one hundred and fifty votes were cast, while 
 Irvine, who stood at the bottom, was given one hundred and 
 
ROBERT MOFiRIS, 
 Nat.l'ZS^-OiJSOe, 
 
 /ref^ the ari^ifuf^ ^'i^^iHiin^ ^-t^uypo^sAssz^J^ pft/U' Faf--i:..^i/ 
 
The State Convention. 13 
 
 thirty-two. Franklin, it is true, ran far ahead of Pettit; but 
 he was in no sense an Antifederalist, and was well known to 
 have little sympathy for the party that used his name. He 
 had not been nominated by the Federalists, partly, as was 
 explained, because he was old and feeble, but chiefly because 
 he was still president of the commonwealth, and it was not 
 thought fit that any officer of the State should sit in the con- 
 vention. The Antifederalists accordingly used his great name 
 in the hope of drawing votes. But the ruse was detected, and 
 though some votes were drawn, they were for him and not 
 for the ticket. He received two hundred and thirty-five. 
 
 The Federalists were greatly elated over their victory, and 
 after midnight on election day a score or so of tipsy revellers 
 went to^ the house of Major Boyd, where lived John Smilie, 
 John Baird, Abraham Smith, James M'Calmont, James Mc- 
 Lean, John Piper and William Findley, members of the leg- 
 islature and noted Antifederalists, every one of them. Four 
 had signed the address of the sixteen dissenting assemblymen. 
 All had strongly opposed the calling of a- state convention; 
 all were detested by the mob which gathered before the house, 
 broke the door, flung stones through the windows, and went 
 off reviling the inmates by name. Enraged at the insult, they 
 complained to the legislature. The Assembly asked the ' ' Ex- 
 ecutive Coimcil ' ' to offer a reward. The council did so, and 
 Franklin promptly issued a proclamation offering three hun- 
 dred dollars for the capture and punishment of the offenders. 
 The proclamation was mere matter of form. No search was 
 made, no rioter was arrested, and the delegates chosen to the 
 convention met at the State House on Wednesday, the twenty- 
 first of November, when sixty of the sixty-nine members were 
 present. 
 
 The sixty who, on that day, answered to their names, made 
 up a body as characteristic of the State as has ever been 
 gathered. Scarcely a sect, or creed, or nationality in the 
 commonwealth, but had at least one representative on the 
 floor of the convention. Some were Moravians; some were 
 Lutherans; some Episcopalians; some Quakers; most were 
 Presbyterians. Some were of German descent. The ances- 
 
14 The Struggle Over the Constitution. 
 
 tors of others had but a generation or two before come over 
 from Scotland or England, or Ireland, or that part of Ireland 
 made famous by the Scotch. One had sat in the ' ' Council of 
 Censors." Three had been members of Assembly. Eleven 
 had been judges, or justices of the peace. As many more had 
 been Revolutionary officers. Scarce one but had taken some 
 part in the struggle for Independence. One had received sub- 
 scriptions to the continental loan. Others had served on com- 
 mittees of observation, or had been members of the "Flying 
 Camp." One had served with Washington and Braddock. 
 Another had been turned out of meeting for taking arms in 
 the good cause. Five in time acquired national fame. From 
 the city of Philadelphia came Benjamin Rush, and James 
 Wilson, and Thomas M' Kean. Chester sent Anthony Wayne. 
 From l/uzerne came Timothy Pickering, postmaster general, 
 secretary of war, and secretary of state under Washington, 
 secretary of state under Adams, senator from Massachusetts, 
 and to the day of his death the bitterest, the most implacable 
 of Federalists. 
 
 Of the proceedings of the convention no full and satisfac- 
 tory record is known to exist. For our knowledge of what 
 was said and done we are indebted to the journal kept by the 
 secretary of the convention, to the report of a few speeches 
 taken down in shorthand by Thomas Lloyd, to the reports 
 and summaries of the debates that appeared in the news- 
 papers, and to the notes jotted down by Wilson and intended 
 to be used by him as the subjects of replies and speeches. 
 The minutes are exceedingly meagre; but from them it appears 
 that Thomas I^loyd applied to the convention for the place of 
 assistant clerk. Lloyd was a shorthand writer of considerable 
 note, and, when the convention refused his request, determined 
 to report the debates and print them on his own account. His 
 advertisement promised that the debates should be accurateiy 
 taken in shorthand, and published in one volume octavo at 
 the rate of one dollar the hundred pages. These fine prom- 
 ises, however, were never fulfilled. Only one thin volume ever 
 came out, and that contains merely the speeches of Wilson 
 and a few of those of Thomas M'Kean. The reason is not 
 
Dallas Reports the Debates. 15 
 
 far to seek. He was bought up by the Federalists, and, in 
 .order to satisfy the public, was suffered to publish one volume 
 containing nothing but speeches made by the two federal 
 leaders. 
 
 That the debates were thus suppressed may be considered as 
 reasonably well-established. When the convention began its 
 work, the "Packet" and the "Gazetteer," the "Journal" and 
 the "Gazette" printed short summaries of each day's doings. 
 The "Herald," however, published long and full reports, now 
 known to have been the work of Alexander James Dallas, 
 Mr, Dallas was then a young man, and was employed by 
 William Spotswood to edit his two publications, the "Penn- 
 sylvania Herald ' ' and the ' ' Columbian Magazine, ' ' So good 
 were his reports that all the newspapers copied them, till 
 January 6, 1788, having reached the debate of November 
 30th, they suddenly stopped. No word of explanation was 
 offered by the "Herald;" but "Centinel" declares they were 
 stopped by the efforts of the Federalists, a charge which 
 gains much likelihood from the facts that in February, 1788, 
 the "Herald" ceased to be published and that the Federal- 
 ists withdrew their subscriptions from every publication that 
 warmly supported the Antifederal cause. * 
 
 * Benjamin Rush, himself a Federalist, asserts in a letter to Noah Web- 
 ster (Febeuary 13, 1788): "From the impudent conduct of Mr. Dallas in 
 misrepresenting the proceedings and speeches in the Pennsylvania conven- 
 tion, as well as from his deficiency of matter, the "Columbian Magazine," of 
 which he is editor, is in the decline." For this extract we are again in- 
 debted to Mr. Paul Leicester Ford. 
 
 Complaints of the same kind are made by Mr. Oswald day after day in the 
 "Gazetteer: " "The printer, having, most pressing calls for money, is again 
 impelled to request that the subscribers to his newspaper be so kind as to 
 discharge their respective balances. And those who have been so very lib- 
 eral as to withdraw their subscriptions and support (and having not settled) 
 because he chose, in the present great political controversy, to act with his 
 usual impartiality, by publishing freely on both sides the question, are par- 
 ticularly requested to call and pay off their arrearages. 
 
 "He, however, for the present, chooses to suppress the ideas that occur to 
 him on this occasion, and shall therefore only remind those high-flying tools, 
 pigmies, and tiffanies of power and the prevailing party, those boasted 
 friends of freedom and liberty of the press, that ' the tables ' may, in the 
 course of human events, be again turned, and that 'the race is not always to 
 the swift, nor the battle to the strong.' " 
 
i6 The Struggle Over the Constitution. 
 
 From the first it was plain that in the convention the bur- 
 den of debate would fall upon the Antifederalists, and by thein 
 the lead was gladly given to Whitehill, Findley and Smilie, 
 who came from the counties of Cumberland, Westmoreland 
 and Fayette. The Federalists looked up for leadership to Wil- 
 son and M' Kean. Indeed, it was M' Kean who, when a speaker 
 had been chosen, and the rules approved, opened the busi- 
 ness of the convention by moving that the constitution be 
 adopted as the federal convention had framed it. Wilson 
 supported him in a long and characteristic oration. Smilie 
 attacked him in a speech which made up in bitterness what 
 it lacked in length. Others followed, and a whole week was 
 spent in debating motions to take up the constitution article 
 by article in convention; to take it up by articles and sec- 
 tions in committee of the whole; to give each member the 
 right when the yeas and nays were called to enter the reasons 
 of his vote on the journals. The first alone prevailed. On 
 each the vote was twenty-four to forty-four; nor did it, on any 
 question that came before the convention at any time, mater- 
 ially change. Never did the majority have more than forty- 
 six. Never did the minority have less than twenty-three. 
 
 These questions settled, Mr. Wilson took up the preamble, 
 and opened a long debate on the kind of government pro- 
 posed to be set up. Findley and Smilie and Whitehill 
 declared that it would be a consolidation, and not a confedera- 
 tion of the States, and gave reasons for this belief. It would 
 be a consolidated government because in the preamble were 
 the words "We the People," and not "We the States," which 
 showed it to be a compact between individuals forming a 
 society, and not between sovereign States forming a govern- 
 ment; because in Congress the votes were cast by indivi- 
 duals, and not by States; because the taxing power of the 
 federal body would destroy state sovereignties, as two 
 independent and sovereign taxing .powers could not exist in 
 one community; because Congress could regulate elections; 
 because the judiciary was co-extensive with the legislative 
 power; because congressmen were to be paid out of the 
 national, and not out of the state treasury; because there was 
 
Wilson Supports the Constitution in the Convention. 17 
 
 no bill of rights, no annual elections, and power to make all 
 laws necessary to put the constitution into effect. Under 
 such a plan it was simply impossible for a confederation to 
 exist. The moment it went into operation, that moment state 
 sovereignty was ended. Stripped of every lucrative source 
 of taxation, deprived of innumerable rights and powers, the 
 States would sink to mere corporations doing such things as 
 the laws and treaties of Congress would permit. 
 
 To this one ardent Federalist made reply that he hoped they 
 would sink to mere corporations. Plurality of sovereignty was 
 in politics what plurality of gods was in religion. It was the 
 idolatry, the heathenism of government. But the duty of de- 
 fending the constitution fell chiefly to Mr. Wilson, and the 
 arguments of Mr.' Wilson were more forcible and direct. 
 Those, he said, who opposed the new plan did so on the 
 ground that the sovereign power was in the States as govern- 
 ments. Those who supported the constitution, on the other 
 hand, did so because they believed that sovereignty was in the 
 people ; that the people had not, meant not, and ought not to 
 p^rt with it to any government on earth; that, having it in 
 their own hands, the people could delegate it in such quantity, 
 to such bodies, and on such terms, and under such limitations, 
 as they saw fit. This doctrine was far from new. Indeed, the 
 people had boldly asserted it in that grand passage of the 
 Declaration of Independence which says: "We hold these 
 truths to be self evident, that all men are created equal; that 
 they are endowed of their creator with certain unalienable 
 rights; that among these, are life, liberty, and the pursuit of 
 happiness. That, to secure these rights, governments are in- 
 stituted among men, deriving their just powers from the con- 
 sent of the governed; that, whenever any form of government 
 becomes destructive of these ends, it is the right of the people 
 to alter or abolish it, and to institute a new government, laying 
 its foundation on such principles, and organising its powers 
 in such form as to them shall seem most likely to effect their 
 safety and happiness." On this broad basis independence 
 was asserted and on this basis the people had acted ever since. 
 Exercising the rights there affirmed, they had first set up 
 
i8 The Struggle Over the Constitutton. 
 
 state governments, and then a government of confederated 
 States, which, again using their old rights, they now proposed 
 to supplant by a new government " laying its foundation on 
 such principles^ organising ..its powers in such form as to 
 them" seemed fitting. That the world might know by 
 whose act this was done, a preamble had been added to the 
 new plan distinctly stating that " We, the People^' the people 
 in whose hands is all sovereignty, the people who, under God, 
 alone have the right to pull down and set up governments, 
 do ordain, and establish the constitution. To say then, that 
 the new plan is one for a consolidated, and not a confeder- 
 ated government, because it comes from "We, the People" 
 and not from "We, the States," was to talk nonsense. The 
 words were there to express two great truths, that all gov- 
 ernments are created by the people, and for the people, and 
 that this particular form of government had been so formed. 
 Again and again Mr. Wilson called on the opposition to 
 define what they meant by a consolidated government. Mr. 
 Findley answered that it was a government "which put the 
 thirteen States into one." Mr. Smilie defined it as one that 
 took the sovereignty from the state governments and gave it 
 to a general government. Mr. Whitehill would give no defi- 
 nition at all. Taking up such as were given, Mr. Wilson 
 declared that the States possessed no sovereignty, and that, 
 therefore, none could be taken from them. They were gov- 
 ernments of delegated powers, and nothing more. Some of 
 these powers were, indeed, to be taken away, or recalled, by 
 the sovereign people. But in every case a power so trans- 
 ferred was a power that had been long and shamefully abused. 
 They could issue no more paper money; make no more ten- 
 der laws; no longer treat the just requisitions of Congress with 
 contempt. Weary of seeing Congress enact laws which no 
 one obeyed, pass judgments the States refused to heed, the 
 people had given to the new government executive and judi- 
 cial as well as legislative power. Weary of seeing the States 
 taxing, and burdening, and ruining the commerce of each 
 other, the people had recalled the delegated right to lay im- 
 post duties, and in the new plan had given it to Cono-ress. 
 
Address of the Minority. 19 
 
 The clamor raised about a bill of rights was pronounced idle. 
 Were the States sovereign, doling out to the people such 
 rights as the people could exact, the need of such a bill would 
 indeed have been great. But they were not sovereign, they 
 possessed no power not given. What reason was there then 
 for the people to demand that they should be left secure in 
 the enjoyment of their sovereign, undelegated powers? 
 , From the character of the constitution as a whole the de- 
 bate drifted oflF to the particular articles, and objection after 
 objection was raised by the opposition. The Vice-President 
 was a needless and dangerous officer. The Senate ought not 
 to make treaties, nor try impeachments, nor have a share in 
 ;he appointing power ; nor its members be elected for so long 
 a term as six years. Representation in the house was too 
 small. The power of Congress was too great. It could bor- 
 row money, keep up a standing army, lay taxes, deprive 
 electors of a fair choice of their representatives, call out the 
 militia, and make all laws necessary to put these powers into 
 execution. The President ought not to have the pardoning 
 power. Trial by jury was not secure. It seemed, indeed, as 
 if the whole plan of government was, in the opinion of the 
 opposition, bad. This Mr. Findley protested was not the 
 case. The opposition had no wish to reject it. A few amend- 
 ments would remove every objection, and these Mr. Whitehill 
 presented to the convention on the morning of the twelfth of 
 December. They were fifteen in number, and are remark- 
 able as containing the substance of the ten amendments after- 
 wards added to the constitution. Similarity so marked can- 
 not be accidental. There is much reason, therefore, to believe 
 that when Madison, in 1789, drew up the amendments for 
 the House of Representatives, he made use of those offered 
 by the minority of the convention of Pennsylvania. 
 
 But the majority of the convention had no wish to use them, 
 and, when the motion was made to adjourn to some future 
 day, that the people might consider them, it was voted down 
 by forty-six to twenty-three. By precisely the same vote, the 
 constitution, just as it came from the body that framed it, 
 was ratified a few minutes later. Without waiting to sign, 
 
20 The Struggle Over the Consiztution. 
 
 the convention, joined by the President and Vice-President of 
 the State, the constables, the sub-sheriffs, the high-sheriff, 
 the judges, the members of council, and all the state dignita- 
 ries, both civil and military, went in procession the following 
 day to the State House, and there read the ratification to a 
 great gathering of the people. On Saturday the 15th of De- 
 cember the convention adjourned. 
 
 And now the minority published their address and reasons 
 of dissent. It was not, they said, till the close of the late 
 glorious contest that any fault was found with the articles of 
 confederation. Then the wants which, during the war, had 
 been supplied by the virtue and patriotism of the people, be- 
 gan to be apparent. Then it was felt on every hand that 
 it would be well for the union to enlarge the powers of Con- 
 gress, and suffer that body to regulate commerce, and lay and 
 collect duties throughout the United States. With this in 
 view, Virginia proposed and Congress urged a convention of 
 deputies to revise and amend the articles of confederation, 
 and make them suited to the needs of the union. So hastily 
 and eagerly did the States comply, that their legislatures, with- 
 out the slightest authority, without ever stopping to consult 
 the people, appointed delegates, and the conclave met at Phil- 
 adelphia. To it came a few men of character, some more 
 noted for cunning than patriotism, and some who had always 
 been enemies to the independence of America. 
 
 The doors were shut, secrecy was enjoined, and what then 
 took place no man could tell. But it was well known that the 
 sittings were far from harmonious. Some left the dark con- 
 clave before the instrument was framed. Some had the firm- 
 ness to withhold their hands when it was framed. But it 
 came forth in spite of them, and was not many hours old 
 when the meaner tools of despotism were carrying petitions 
 about for the people to sign, praying the legislature to call a 
 convention to consider it. The convention was called by 
 a legislature made up in part of members who had been 
 dragged to their seats and kept there against their wills, and 
 so early a day was set for the election of delegates that many 
 a voter did not know of it till it was passed. Others kept 
 
Antifederalism in Pennsylvania. 21 
 
 away from the polls because they were ignorant of the new 
 plan; some because they disliked it, and some because they 
 did not think the convention legally called. Of the sev- 
 enty thousand freemen entitled to vote but thirteen thousand 
 voted. 
 
 Having given a history of the two conventions, the ad- 
 dressers repeated the fifteen amendments they offered in con- 
 vention, and summed up their reasons of dissent under three 
 general heads. They dissented because so wide a domain 
 could never be governed save by a confederation of republics 
 having all the powers of internal government, but united in 
 the management of their general and foreign concerns. They 
 dissented because the powers vested in Congress would break 
 down the sovereignty of the States, and put up on their ruins 
 a consolidated government, "an iron-handed despotism." 
 They dissented because there was no bill of rights securing 
 trial by jury, habeas corpus., liberty of conscience, and freedom 
 of the press. Twenty-one of the twenty-three minority 
 signed the address. 
 
 An examination of this list reveals the fact that the little 
 band of malcontents was made up of all the delegates from 
 the counties of Cumberland, Berks, Westmoreland, Bedford, 
 Dauphin, Fayette, half of those from Washington, half from 
 Franklin, and John Whitehill, of I^ancaster. The reason 
 is plain. The constitution proposed for the United States 
 was in many ways the direct opposite of the constitution of 
 Pennsylvania. The legislature of Pennsylvania consisted of 
 a single house. The legislature of the United States was to 
 consist of two houses. The President of Pennsylvania was 
 chosen by the Assembly. The President of the United 
 States was chosen by special electors. The constitution of 
 Pennsylvania had a bill of rights, provided for a body of 
 censors to meet once each seven years to approve or disap- 
 prove the acts of the legislature; for a council to advise the 
 President; for annual elections; for rotation in office, all of 
 which were quite unknown to the proposed constitution for 
 the United States. But the Pennsylvania constitution of 
 1776 was the work of the patriot party; of this party a very 
 
22 The Struggle Over the Constitution. 
 
 considerable number were Presbyterians; and the great Pres- 
 byterian counties were Cumberland, Westmoreland, Bedford, 
 Daupbin and Fayette. In opposing the new plan these men 
 simply opposed a system of government which, if adopted, 
 would force them to undo a piece of work done with great 
 labor, and beheld with great pride and satisfaction. Every 
 man, therefore, who gave his vote for the ratification of the 
 national constitution, pronounced his state constitution to be 
 bad in form, and this its supporters were not prepared to do. 
 By these men, the refusal of the convention to accept the 
 amendments they offered was not regarded as ending the 
 matter. They went back to the counties that sent them more 
 determined than ever but failed to gain to their side the great 
 body of Presbyterians. 
 
 Elsewhere the action of the convention was heartily ap- 
 proved. • At Ivancaster the delegates were received with bell 
 ringing and discharge of cannon. At Easton the delegates 
 from Northampton county held a meeting, and issued an 
 address to their constituents giving nine reasons why they 
 voted for ratification. The state of the union required a con- 
 centration of the powers of government for general purposes. 
 The proposed constitution provided for such a concentration 
 in the best form that could be agreed on. Under it commerce 
 would be restored to its former prosperity, agriculture would 
 flourish, taxes be cut down, manufactures and the arts would 
 be recognized, and the public creditors duly paid. There 
 would be no more bloody contests between neighboring States 
 over boundaries and territories; no more paper money and 
 tender laws; no more partial laws of any kind. The dele- 
 gates from Northampton were sure their constituents could 
 not fail to approve so good a plan of government, and in this 
 belief they were not mistaken. 
 
 While these things were happening in Pennsylvania, the 
 convention of New Jersey met and ratified the constitution 
 without one dissenting voice. Delaware had already done so, 
 and these two with Pennsylvania made one-third of the num- 
 ber of States necessary to put the new plan into force. 
 This continued success the Federalists of Carlisle determined 
 
Riot at Carlisle. 23 
 
 should be duly celebrated, and chose the last Wednesday in 
 December as the day, secured a cannon, and made a great pile 
 of barrels for a bonfire on the public square; but no sooner 
 were they assembled than a mob of Antifederalists attacked 
 them, drove them from the ground, spiked the cannon, 
 burned a copy of the constitution, and went off shouting 
 *' Damnation to the forty -six; long live the virtuous twenty- 
 three." On the morrow the Federalists, fully armed, again 
 met and carried out their celebration. When they had fin- 
 ished, the Antifederalists in turn appeared and burned two 
 effigies, labelled, "Thomas M'Kean, Chief Justice," and 
 "James Wilson, the Caledonian." Twenty of the rioters 
 were in time arrested, but were speedily set at liberty by men 
 chosen for that purpose by the companies of militia. 
 
 Thus stirred up, the excitement spread over all the anti- 
 federal counties. The country beyond the mountains was 
 wholly in the hands of the Antifederalists. While the legisla- 
 ture was in session in September, a petition against the state 
 convention was passed round in the two counties of Franklin 
 and Cumberland, and soon bore four thousand signatures. 
 So overwhelming was the number of the Antifederalists that 
 the few Federalists did not think it worth while to make any 
 demonstration at all. In Fayette county, at a great county 
 meeting, but two supporters of the constitution appeared; in 
 Bedford county, in the mountains, the number was estimated 
 at twenty; in Huntingdon county not above thirty; in 
 Dauphin, in the middle country, less than one hundred; in 
 Berks, where the taxable inhabitants were nearly five thou- 
 sand, the number of active Federalists was put down at fifty*. 
 Through all these counties associations and societies were 
 formed for the purpose of opposing the constitution, and 
 committees of correspondence appointed to secure unity of 
 dction. Such action was greatly needed, for their chances of 
 success grew smaller and smaller every day. In January 
 came news that Georgia had ratified unanimously, and hard 
 upon this the news that Connecticut had accepted the consti- 
 tution by a vote of more than three to one. February 6th 
 
 *"Centinel," Letter 18. 
 
24 The Struggle Over the Constitution. 
 
 the convention of Massachusetts approved the constitution by 
 a majority of nineteen. This was most disheartening; for in 
 no State did the chances of the Antifederalists seem better 
 than in Massachusetts. There was the home of Shays, and 
 there the people had within a year risen up in armed resist- 
 ance to the authority of the State. 
 
 Amazed and angry at their defeat in New England, the 
 Antifederalists began to cast about them for the cause, and 
 soon found it in the management of the post-ofl&ce. As the 
 law then stood, newspapers were not mailable. The post- 
 masters could officially have nothing to do with them. 
 Neither could the post-riders be forced to carry newspapers 
 in their portmanteaux. For the convenience to the public, 
 however, the postmaster had suffered the riders to carry the 
 Gazetteer and Packet, bargain with the printers about the 
 postage, and put the money thus received in their own 
 pockets. For a like reason the postmasters in the great 
 towns undertook to distribute the newspapers, and were given^ 
 as the price of their labor, a paper by each printer. The 
 suppression of a batch of Gazetteers or Journals was therefore 
 an easy matter, and a question merely of money on the one 
 hand and honesty on the other. If the bribe were large 
 enough, and the rider or the postmaster dishonest enough, the 
 thing could be done. That it was done in this particular in- 
 stance is doubtful. The charge of the Antifederalists rested 
 on three counts. The first was that while the convention of 
 Pennsylvania was in session. New York newspapers full of 
 most important reading had been stopped, and held back for 
 weeks. To refute this the Federalists drew up a paper stat- 
 ing that while the convention was sitting the newspapers had 
 come as usual. Most of the Philadelphia printers signed it. 
 But the printer of the Freeman's Journal refused, and named 
 seven consecutive numbers of Greenleaf's New York Journal 
 which he stoutly maintained had not reached the city till the 
 convention had risen. Some of these were most important, 
 as they contained the essays of Brutus, Cato, and Cincinnatus. 
 That containing the fifth number of the address of Cincinna- 
 tus to James Wilson was, he claimed, especially hateful to 
 
Charges Against the Post Office. 25 
 
 the Federalists, as it was full 6f information about the way in 
 which " Bobby the Cofferer " had conducted the finances of 
 the union. This paper was printed in the New York Jour- 
 nal of November twenty-ninth; but not a copy reached 
 Philadelphia till December fifteenth, two days after the ratifi- 
 cation of the constitution had been proclaimed from the 
 State House. 
 
 The second count was, that information which would surely 
 have changed many votes in the conventions of Massachusetts 
 and Connecticut was purposely held back. Since the new 
 year came in, printers in the eastern States had not seen a 
 newspaper published south of New York. No one in Boston, 
 therefore, had read a line of the masterly address and reasons 
 of dissent of the minority of the convention of Pennsylvania, 
 or so much as knew that there had been a minority. 
 
 The third count was, that the address and reasons of 
 dissent of the minority of the convention of Pennsylvania 
 had been published in pamphlet form, and a copy sent through 
 the post-ofiice to the address of every printer in the United 
 States; yet not a copy, so far as could be learned, had ever 
 been received by the persons to whom it had been sent. The 
 post-office was clearly the cause of this. It was in the hands 
 of the " well born," and these sons of power were determined 
 that no newspaper should get out of the office in which it 
 was dropped unless it contained fulsome praise of the new 
 roof about to be put up to cover them and all the office-seekers 
 of the continent. So much was made of this charge that the 
 postmaster found it necessary to send out a circular in which 
 he reminded the people that the post-office had nothing to 
 do with the delivery of newspapers, and if they went astray 
 the printers must look to the riders for redress, and not to hira. 
 
 That the strictures of Cincinnattus could have changed a 
 vote in the Pennsylvania convention, or the reasons of dis- 
 sent have had any effect on the convention of Massachu- 
 setts, had both been promptly delivered, is not at all likely. 
 Yet neither party ceased to strive to win supporters in the 
 still doubtful States. The Federalists filled the columns of 
 their newspapers with squibs and essays, and collected money 
 
26 The Struggle Over the Constitution. 
 
 to send hundreds of copies to New York, to Virginia, to 
 Mar>-land, and even to South Carolina. Now it was the 
 New Roof by Francis Hopkinson; now the letters of "Con- 
 ciliator," and a "Freeman," a series of essays the Antifed- 
 eralists declared could have been the work of no one but 
 James Wilson. The Antifederalists seem to have made use 
 chiefly of committees of correspondence, a piece of political 
 machinery so effective in the early days of the Revolution. 
 
 Their efforts, however, were vain, and not a month went 
 by but another pillar, as the phrase went, was added to the 
 New Roof. Maryland ratified in April, and South Carolina 
 in May. In June came New Hampshire, and Virginia, and 
 the needed list of nine States was more than completed. 
 
 It was on the evening of the second of July that a post- 
 rider brought to Philadelphia the news that Virginia, the 
 tenth State, had accepted the new plan. The Federalists 
 had already determined that the coming fourth of July should 
 be a day of unusual rejoicing. But their zeal now burned 
 more fiercely than ever, and it was resolved that besides the 
 toasts and the speeches there should be a procession, and the 
 finest procession the city had ever beheld. 
 
 Though the " New Roof" was now up and Pennsylvania 
 under it, the Antifederalists were not disheartened. The so- 
 cieties, the committees and the associations in the western 
 counties were as active as ever, and a call for a state conven- 
 tion at Harrisburg was soon passing about among them. 
 September 3d was fixed as the day, and on that day thirty- 
 three delegates, representing every county of the State save 
 York and Montgomery, were present in the convention. Be- 
 fore they adjourned resolutions were adopted and an address 
 prepared, urging the legislature to apply to Congress for a 
 revision and amendment of the constitution by a new federal 
 convention. With this their active opposition ended. 
 
^^^Cg^-f^^^^*^>t^^'^V^ 
 
 A SrciJER OF THE DECLARATION OF INDEPENDENCE , 
 A FH-AMEROP THE CONSTITUTION OF THE UNITED STATES, 
 AN'D FIRST PRESIDENT OF TI-IE PENN'^ ACADt oP THE FINE ARTS. 
 
CHAPTER II. 
 
 THE CONVENTION CALLED. 
 
 On Friday, September 28th, after the House of Assembly 
 had attended to some minor business, Mr. George Clymer 
 rose and said:* The House cannot. Sir, have forgotten a busi- 
 ness of the highest magnitude, which was recommended to 
 their attention by the federal convention, and I am persuaded 
 they will readily concur in taking the necessary measures for 
 calling a convention of the citizens of Pennsylvania, to de- 
 liberate upon that plan of government which has been pre- 
 sented to this house; for which reason I shall submit the 
 following resolutions :t 
 
 WhbrEas the convention of deputies from the several States composing 
 the Union lately held in this city, have published a constitution for the 
 future government of the United States, to he submitted to conventions of 
 deputies chosen in each State by the people thereof, under recommendation 
 of its Legislature, for their assent and ratification. 
 
 And whereas it is the sense of great numbers of the good people of this 
 State, already signified in petitions and declarations to this House, that the 
 earliest step should be taken to assemble a convention within the State, for 
 the purpose of deliberating and determining on the said constitution. 
 
 Resolved, That it be recommended to such inhabitants of the State as are 
 entitled to vote for representatives to the General Assembly, that they 
 choose suitable persons to serve as Deputies in a State convention, for the 
 purpose herein before mentioned; that is, for the city of Philadelphia and 
 the counties respectively, the same number of Deputies that each is entitled 
 to of representatives in the General Assembly. That the election for Depu- 
 ties as aforesaid be held at the several places in the said city and counties, 
 as are fixed by law for holding the elections of representatives to the Gen- 
 eral Assembly, and that they be conducted under the same officers, and ac- 
 cording to the regulations prescribed by law for holding the elections for 
 
 *From Proceedings and Debates of the General Assembly of Pennsyl- 
 vania, taken in short-hand by Thomas Lloyd. Philadelphia, 1787. Vol. I., 
 p. 115. 
 
 t These Resolutions are copied from the Minutes of the Assembly. Those 
 in Lloyd's debates are given in the language in which the resolutions were 
 finally passed, with the exception of the time of holding the election. 
 
 (27) 
 
28 The Convention Called. 
 
 said Representatives, and at the times herein mentioned, viz. For the city 
 of Philadelphia, the counties of Philadelphia, Chester, Bucks, Lancaster, 
 Berks, Montgomery, Northampton, Northumberland, Dauphin, Luzerne, 
 York, Cumberland and Franklin on the day of the general election of Rep- 
 resentatives to the General Assembly. For the counties of Bedford, Hun- 
 tingdon, Westmoreland, Fayette and Washington, on the day of October. 
 
 That the persons so elected to serve in Convention shall assemble on the 
 last day of November, at the State House in the city of Philadelphia. That 
 the proposition submitted to this House by the Deputies of Pennsylvania in 
 the General Convention of the States, of ceding to the United States a dis- 
 trict of country within this State, for the seat of the General Government, 
 and for the exclusive legislation of Congress, be particularly recommended 
 to the consideration of the Convention. 
 
 That it be recommended to the succeeding House of Assembly, to pro- 
 vide for the payment of any extraordinary expenses which may be incurred 
 by holding the said election of Deputies. 
 
 These resolutions being seconded by Mr. Wynkoop, they 
 were by agreement stated as distinct propositions, and on the 
 question will the House agree to the following: 
 
 Resolved, That it be recommended to such of the inhabitants of the State 
 as are entitled to vote for representatives to the General Assembly, that they 
 choose suitable persons to serve as deputies in a State Convention, for the 
 purpose hereinbefore mentioned; that is, for the city of Philadelphia and 
 the counties respectively, the same number of deputies that each state is 
 entitled to of representatives in the General Assembly. 
 
 Resolved, That the elections for Deputies as aforesaid be held at the 
 several places in the said city and counties, as are fixed by law for holding 
 the elections of representatives to the General Assembly, and that the same 
 be conducted by the officers who conduct the said elections of representa- 
 tives, and agreeably to the rules and regulations thereof. 
 
 Mr. Whitehill answered No. He then rose and said: The 
 House, Sir, ought to have time to consider on this subject 
 before they determine; for which reason I move to postpone 
 the consideration until we meet again, and that may be this 
 afternoon, as the session is drawing so near to a close. 
 
 Mr. Fitzsimons. I will submit it to the House whether 
 it is proper to delay this business for the reason assigned by 
 the member from Cumberland. * If the gentlemen are not pre- 
 pared to say what time the election for delegates shall be 
 held, at least the general principle, or that such convention 
 is proper, must be well enough understood to warrant an im- 
 
 *Mr. Whitehill. 
 
Debate on Calling a Convention. 29 
 
 mediate determination. It will be observed that the ordinary 
 business of the state is pretty well gone through, and the 
 House likely to dissolve to-morrow. But the subject brought 
 forward by my worthy colleague is a business of the highest 
 consequence, and the House must see how eligible it will be 
 to give it the sanction of the Legislature. The only object 
 of consideration is, whether the election shall be held with 
 that propriety which may perhaps be best eflfected by the rep- 
 resentatives pointing out the mode for the conduct of the peo- 
 ple. We are not, I conceive, to consider whether calling a 
 convention is proper or improper, because that I look upon as 
 a measure inevitable, even should not the Assembly consent 
 — but it will be well for us to appoint the mode by which such 
 choice shall be conducted. These are distinct propositions, 
 and on the first every gentleman must have determined, but 
 on the other every member will have an opportunity of offer- 
 ing his reasons, when it comes before us in the next resolu- 
 tion. Perhaps, Sir, it may be necessary to alter the times, 
 from what is there mentioned, to more distant periods; of this 
 the gentlemen from the several counties will be better able to 
 judge than I can pretend to, and I am sure I shall give no 
 opposition to every reasonable extension of the time. I hope 
 it will not be thought necessary that anything should be said 
 in commendation of the new constitution prepared for the 
 government of the United States. This, Sir, is not the object 
 of our discussion or deliberation, and was it, I think. Sir, my 
 abilities could not enable me to do justice to the subject; but 
 the feelings of every member will more forcibly convince his 
 judgment than ^11 the argument which could be offered. 
 From the number of petitions on your table, it may be clearly 
 inferred that it is the wish and expectation of the people that 
 this House should adopt speedy measures for calling a con- 
 vention: I do not, therefore, see a necessity for saying much 
 on a subject so well felt and understood within and without, 
 but cheerfully submit it to the members to say whether they 
 will proceed now or in the afternoon. 
 
 Mr. D. Clymer. The worthy gentleman * from the city has 
 *Mr. Fitzsimons. 
 
30 The Convention Called. 
 
 submitted the subject to the feelings of the House, and I 
 agree with him argument will not more clearly show the ad- 
 vantage that must result from the adoption of the federal 
 constitution, than what suggests to the mind of every person 
 within these walls ; nor have I a doubt, Sir, but every mem- 
 ber will do justice to those feelings, and cheerfully assent to 
 calling a convention for their own as well as for the future 
 happiness and welfare of the citizens of Pennsylvania. The 
 gentleman observes it is the general wish of the people that 
 we should go forward in the measure. Here, Sir, I firmly 
 believe him, for I think it has but few opposers, very few in- 
 deed. I have heard. Sir, that only four or five leading party- 
 men in this city are against it, whose names I should be glad 
 to know, that their characters might be examined; for I am 
 confident they will Ije hereafter ashamed to show their faces 
 among the good people whose future prosperity they wish to 
 blast in the bud. The reason of their opposition, though not 
 positively known, can be well conjectured; and let them be 
 careful, lest they draw upon themselves the odium of that 
 people who have long indulged their rioting upon public 
 favor. But, Sir, the adoption of this measure is a matter of 
 so much consequence to America that I am satisfied it will 
 meet the hearty concurrence of this House. 
 
 Mr. Findley. Whatever gentlemen say with respect to the 
 importance of this subject, is argument to prove that we 
 should go into it with deliberation. And if it is of so much 
 importance, and so well understood out of doors, the House 
 then certainly ought not to be surprised into it. The gentle- 
 man from Berks has spoken warmly against opposing the 
 present measure in a manner as if intended to prevent men 
 from speaking their minds. He has charged some leading 
 characters in this city with giving opposition; if he means me 
 as one of them— (Mr. D. Clymer interrupted him, addressing 
 the Speaker with No, Sir, upon my honor, I did not mean 
 him.) Well then, I don't consider that part of his speech as 
 not addressed to the House, but merely to the gallery. But 
 Sir, I consider what has been said of the wishes of the people 
 as applying to the plan of government, and not to the present 
 
Delay Urged: 31 
 
 question. If I understand it right, we are not at present to 
 judge of the merits of the plan, but on the proper and ade- 
 quate measure of conducting the people into it. Of the plan I 
 believe there can be no doubt of its being wisely calculated 
 for the purposes intended; but nothing is perfect, and this 
 may be as well as could be expected, and I consider it as very 
 deserving the commendation it received. But this can be no 
 reason for hurrying on the measure with such precipitancy; 
 if it is of the importance it is said to be, surely the House will 
 not refuse to postpone for the present, in order that there may 
 be time to make it as agreeable as possible. 
 
 Mr. D. Clymer. I said. Sir, the matter was well under- 
 stood, if we might judge from the sentiments of the people, 
 and there was but little opposition, and that from a few men, 
 who will be ashamed hereafter to cotne forward and avow 
 their secret machinations; so, Sir, I say still — nor can any gen- 
 tleman aver to the contrary. With respect to the postpone- 
 ment of the business till the afternoon, I will ask where is 
 the necessity? Every member must be confident, that with 
 or without his consent, the measure will be adopted; for it is 
 too generally agreeable, and too highly recommended, to be 
 assassinated by the hand of intrigue and cabal. And if it 
 must be adopted, why can it not be done as well this morning 
 as in the afternoon ? Or do some gentlemen want an oppor- 
 tunity of consulting with their associates, how far it is agree- 
 able? If there are objections to the time of holding elections, 
 it may be altered. I think sufScient time is not allowed to 
 the county which I am honored by representing; many others 
 may be in the same predicament, but this can be accommo- 
 dated — ^yet the general principle is so clear that nothing is 
 left for consideration or discussion. 
 
 Mr. Wynkoop. I suppose. Sir, there is not a member in 
 this House but what has pretty fully considered the present 
 business. This I am led to believe from its importance, and 
 the length of time which has elapsed since it was communi- 
 cated to the House. Now if every member has made up his 
 mind, what reason can there be for further consideration? 
 And if the members do not declare they have not yet made 
 
32 The Convention Called. 
 
 up their minds on the propriety of calling a convention, I 
 shall vote for going on with the business. 
 
 Mr. Whitehill. It is very well known, that this business 
 is a matter of great importance, and deserves the serious at- 
 tention of the House— But however well the people may be 
 said to be acquainted with the design and intention, yet I 
 don't know how far that may be the case. This, Sir, is a 
 very large and extensive State, and I may venture to say, 
 that so far from being the general voice of the people, that 
 not one in twenty know any thing about it. I believe a 
 great many people in and about the city, have signed peti- 
 tions in favor of it — but that is but a small part of the whole 
 State. 
 
 But to waive the question on the propriety of the measure, 
 it will appear clear, Sir, when we come to consider whether 
 it should be held in so many distant counties on the day of 
 the general 'election, that it cannot be done; and the members 
 ought to have an opportunity of asking or consulting them- 
 selves on that, which would be more proper. 
 
 The gentlemen that have brought forward this motion, 
 must have some design, as they cannot digest the postpone- 
 ment, or why not leave the members at liberty to consult, or 
 acquire further information? If this is a concerted plan, and 
 it must go through as it stands, we cannot help it; but if it is 
 to be made agreeable to what may be right, on due considera- 
 tion, why not allow time to consider of it ? I believe if time 
 is allowed, we shall be able to show that this is not the 
 proper time for calling a convention; and I don't know any 
 reason there can be for driving it down our throats, without 
 an hour's preparation. It appears to me to be a plan not fit 
 for discussion, or why refuse to allow it to be postponed? I 
 hope, when the House comes to consider how it has been in- 
 troduced, they will allow us the time we desire. 
 
 Mr. D. Clymer. The gentleman has misunderstood me, 
 for I did not speak of the State at large, when I said the 
 people understood it, and were in favor of it; though I have 
 not the smallest doubt but it will receive their warmest ap- 
 probation, when they hear of it. 
 
The Need of Delay. -^3 
 
 :Mr. Fitzsinions. I did wish, and still hope, the House 
 will pretty imanimously agree to the resohitions which are 
 before us. When we took the business up, I flattered myself 
 the decision would not be delayed, because every member 
 had time enough to consider this subject, since it was first in- 
 troduced to our attention; but if it is the opinion of any con- 
 siderable number of gentlemen, that it should lay over till 
 the afternoon, I will not press it; I am sure the arguments 
 made use of by the member from Cumberland, * offer no suffi- 
 cient inducement for a delay. The plan of the new con- 
 federation has laid upon your table near a fortnight, and it 
 can be nothing more or less than a confession of inattention, 
 not to say neglect of duty, for gentlemen to plead they have 
 not considered it; for surely the subject was so important, 
 that they must have turned it in their minds, and know what 
 is proper to decide on this occasion. The House is also so 
 near its dissolution, that if the measure is to be effected, very 
 little time remains for it; though as I observed before, I do 
 not think it lies with the House to determine, whether a con- 
 vention shall be called or no. This I think. Sir, forms no 
 part of our deliberations. But it is my wish, that the legis- 
 lature should take the lead, and guide the people into a de- 
 cent exercise of their prerogative; and surely, Sir, it cannot 
 be a matter of such high consideration, as to require much 
 time in determining the day, on which elections should be 
 held for nominating persons to form a State convention — 
 And, I conceive, this is the single point which we have to 
 consider; for I repeat again, that I do not think it is in our 
 power, nay, I am sure it is not in our power, to prevent the 
 people from adopting what may be a lasting benefit to them- 
 selves, and a certain treasure to posterity. But I think that 
 taking the lead in this business, will be an honor not only to 
 this legislature, but to the State also. It is not only honor- 
 able but convenient and advantageous; and I submit it to the 
 majority of this House to conclude, whether we shall, by pro- 
 ceeding, obtain for ourselves and constituents these advan- 
 tages, which even our neglect cannot prevent. 
 
 *Mr. Whitehill. 
 3 
 
34 The Convention Called. 
 
 Mr. G. Clymer. The resolutions, Mr. Speaker, which I 
 presented to you, contain separate and distinct propositions. 
 Directing the elections to be held at a short day, goes upon 
 the supposition that there is time to communicate the neces- 
 sary information — if this is not well founded, of consequence 
 it must be altered; but I hope no kind of hesitation can be 
 made, as to the propriety of adopting the first, which goes on 
 the principle, that such a convention is necessary for the bet- 
 ter union and happiness of the several States of America. 
 To hesitate upon this proposition will give a very unfavor- 
 able aspect to a measure, on which our future happiness, nay, 
 I may almost say, our future existence, as a nation, depends. 
 If the time, Sir, is not agreeable for holding elections, as 
 mentioned in the second resolution, it cannot operate to pre- 
 vent our entering upon the first: I therefore hope, gentlemen 
 will withdraw their opposition, and let a degree of unanimity 
 prevail, which may be an inducement to others steadily to 
 co-operate in perfecting a work, that bids fair to relieve our 
 embarassments, and carry us to a height of prosperity we 
 have hitherto been strangers to. 
 
 Mr. Brackenridge. Before the division of the propositions, 
 I had made up my mind to be in favor of the postponement; 
 but it now appears clear to me, that we may decide upon the 
 general principle, to wit, shall a convention of the people be 
 called? With respect to this point, every member must have 
 made up his mind fully, because it is a measure, that from 
 the first was apparent, and must have occupied the attention 
 of every individual who had but seen the plan. This, as was 
 remarked before, has been on your table many days, and from 
 its magnitude and importance must have been a subject of 
 reflection to the members, who wished to perform the duty 
 they owed to their God, their conscience, and fellow-citizens 
 — so that voting now on a subject already understood, cannot 
 be difficult, and in my opinion, we are as well prepared to 
 determine upon the principle, as we shall be after dinner. 
 
 Mr. Whitehill. The gentleman from Westmoreland,* as 
 well as the others who have spoken in favor of the resolu- 
 
 *Mr. Brackenridge. 
 
Should Wait till Congress Recommends. 35 
 
 tions, seemed generally of opinion, that they ought to be 
 adopted without farther consideration, concluding that every 
 member is prepared to determine on the propriety thereof. 
 But this. Sir, is not the case; for I own, that I have not pre- 
 pared myself to take up this business, because I did not ex- 
 pect any notice would be taken of it; for Congress ought to 
 send forward the plan, before we do anything at all in this 
 matter. For of what use was sending it forward to them, 
 unless we meant to wait their determination — Now as these 
 measures are not recommended by Congress, why should we 
 take them up? Why should we take up a thing, which does 
 not exist? For this does not exist, that is before us — nor can 
 it until it is ratified by Congress. I have no doubt for my 
 part, but Congress will adopt it; but if they should make 
 alterations, and amendments in it, is there any one can say 
 then, what sort of a plan it will be? And as this may happen, 
 I hope the House, when they come to consider seriously, will 
 see the impropriety of going on at present. It will appear, 
 that it is necessary to give time for Congress to deliberate, be- 
 fore they recommend. It does appear that Congress have not 
 recommended it; and the recommendation of Congress ought 
 to be waited for in a matter that concerns the liberties and 
 rights of the people of the United States. I say this recom- 
 mendation is not come forward to the House, nor we don't 
 know when (if ever,) it will. We do not know that Congress 
 may be able to go thro' with it this long time yet, and why 
 are we to determine on it, before we know whether they will 
 allow of such change of the confederation? We do not know 
 that Congress are even sitting, or whether they will be in ses- 
 sion. And before we proceed to measures of this importance, 
 do let us know what we are going on, and let us not sport 
 away the rights and liberties of the people altogether. I say, 
 is it not better to go safely on the business, and let it lie over 
 till the next House; when we have adjourned, let our constit- 
 uents think of it, and instruct their representatives to con- 
 sider of the plan proper to be pursued. Will not the next 
 House be as able to determine as we are? And I would wish 
 the members to consider, that it never was supposed at our 
 
36 The Convention Called. 
 
 election, that we had the power to determine on such a meas- 
 ure. When we come to consider, it does appear to me bet- 
 ter to leave it over to the next House, and they will be bet- 
 ter able, and better instructed, what to do in this case. And 
 what is the consequence the gentlemen propose by this hurry? 
 That the State of Pennsylvania shall have the honor of taking 
 the lead. This may be preserved. Sir, as well by letting it 
 lie over; for, can the other states go into it before us ? Can 
 the State of Georgia receive it as soon, and send it forward 
 for ratification, as we can? No, to be sure they cannot — 
 therefore this hurry does appear too great in my opinion; be- 
 cause, if it is delayed, our determination can still be brought 
 forward sooner than that of any other state. If there are any 
 objections of moment against calling the convention at pres- 
 ent, let us be prepared to make them; we may do that bet- 
 ter, perhaps, by deferring only till the afternoon — for tho' 
 gentlemen say they have had time, and have made up their 
 minds, yet that has not been my case, and I don't see why 
 the business should be hurried upon us at this rate. I hope 
 when gentlemen consider, they will agree to postpone for the 
 present. 
 
 Mr. Brackenridge. I conceive. Sir, that the member has 
 wandered from the point, whenever he went into remarks up- 
 on the new constitution; but I did not interrupt, nor do I 
 mean now to reply to those observations, because I would not 
 follow him in a subject which is not before the House — but 
 if it should be necessary to speak on the general principles, 
 I trust that he would be fully answered. At present. Sir, I 
 understand the question to be, whether sufficient time has 
 not elapsed to give every member, who respects his duty, 
 sufficient opportunity to have made up his mind on the pro- 
 priety of calling a convention of the people; if this is the case, 
 the House will not surely postpone. 
 
 Mr. D. Clymer. The member from Cumberland* seems to 
 think it highly improper, that we should proceed in this 
 business until Congress shall recommend it to our attention 
 and have given it the stamp of their approbation, but this! 
 
 *Mr. Whitehill. 
 
No Need to Wait for Congress. 37 
 
 Sir, is extremely fallacious. For if Congress are to determine 
 the point, where was the necessity for the federal convention 
 to recommend calling state conventions? Or pray. Sir, were 
 the delegates to that important undertaking ordered even to 
 report to Congress? No, Sir, they were not— but I take it 
 that their reason for having done so, was, that as they meant 
 to report to the people of the United States at large, they 
 thought Congress would be a proper channel to convey it to 
 every part, from New Hampshire to Georgia, and I think the 
 mode of conveyance very proper; but I never entertained an 
 idea that it was submitted to their cognizance, as the gentle- 
 man says, for alteration or amendment. He supposes, too, 
 that the convention of the state may adopt some part of the 
 frame of government, and refuse the other. But not so, Sir: 
 they must adopt in toto, or refuse altogether: for it must be 
 a plan that is formed by the United States; which can be 
 agreeable to all, and not one formed upon the narrow policy 
 and convenience of any one particular state. Such, Sir, is 
 the constitution lately presented to you, framed by the collect- 
 ive wisdom of a continent, centered in a venerable band of 
 patriots, worthies, heroes, legislators and philosophers — the 
 admiration of a world. This, Sir, is a subject the member 
 from the city did well to submit to your feelings. Vain is 
 every attempt to do justice to its merits. No longer shall 
 thirty thousand people engage all our attention — all our 
 efforts to procure happiness. No! — the extended embrace of 
 fraternal love shall enclose three millions, and ere fifty years 
 are elapsed thirty millions, as a band of brothers! And will 
 the State of Pennsylvania — will a few of her inhabitants, I 
 should say — attempt to defeat this long-expected and wished - 
 for moment, by entering into a discussion of the minutise — 
 how her interest is preserved? Why, Sir, to form a happy 
 union, the weakest eye must perceive the necessity of mutual 
 concessions — mutual sacrifices. Had the late convention not 
 been composed of gentlemen of liberal sentiments, patriotism, 
 and integrity, it might never have been perfected. Had 
 each been studious of accommodating the constitution to the 
 circumstances and wishes of the state they represented, noth- 
 
38 The Conveiilion Called. 
 
 iiig could have been effected. Do we not hear, that disposed 
 as they were to make a sacrifice of the local interests to the 
 general welfare, that five weeks elapsed before they could 
 determine the proportion of representation? If these gentle- 
 men met with such difficulties, who possessed the informa- 
 tion and knowledge of the continent, can it be supposed the 
 United States would submit to the amendments and altera- 
 tions to be made by a few inhabitants of Pennsylvania? 
 Could it be expected that Virginia (the Dominion of Virginia, 
 as some people in derision call it — though I say it is a land 
 of liberty, a land of patriots, and the nurse of science) — I say 
 will you expect, Sir, that Virginia and the southern states 
 shall coincide with alterations made only for the benefit of 
 Pennsylvania? No! — away with such ideas, and let that una- 
 nimity prevail at its adoption that it did at its formation. 
 It is improper for gentlemen to say, we ought not to enter on 
 this business until it is ratified by Congress. This, Sir, is 
 not the case — and let me, as setting my argument on a foun- 
 dation of solidity, call your attention to the recommendation 
 made by the united sense and wisdom of our continent to 
 this legislature. Remember how strong the language of the 
 venerable Franklin, when he addressed you to enforce this 
 recommendation. Remember the advantage and prosperity 
 held out to Pennsylvania, for her early and cheerful concur- 
 rence in a measure, whose perfections are so clearly seen as to 
 make hesitation criminal. Will all the art of sophistry prove 
 an inferiority to the present confederation, which, upon trial, 
 is found to be loose and ineffectual? Shall we, by chicane 
 and artful procrastination, defeat the measure so loudly de- 
 manded by every circumstance of happiness or preservation ? 
 Better would it be, Mr. Speaker, to join in the glorious sen- 
 timent of that gallant officer, who having quitted his station, 
 and gained a signal victory over his enemy, and when called 
 to account for his breach of orders, answered, "That man 
 holds his life too dear, who would not sacrifice it for his coun- 
 try's safety." 
 
 If it is the interest of a few individuals to keep up the weak 
 and shattered government, which brings on us the contempt 
 
No Need to Wait for Congress, 39 
 
 of every surrounding tribe, and the reproach and obloquy of 
 every nation, let them exert their opposition; but it will be 
 all in vain, for should even this House refuse, I think it the 
 duty of the people, as they value their present and future wel- 
 fare, to come forward, and do that justice to themselves, 
 which others would deny them. 
 
 As this subject is now before us, let us not hesitate, but 
 eagerly embrace the glorious opportunity of being foremost 
 in its adoption. I,et us not hesitate, because it is damping 
 the ardor with which it should be pursued. Sir, it is throw- 
 ing cold water on the flame that warms the breast of every 
 friend of liberty, and every patriot who wishes this country 
 to acquire that respect to which she is justly entitled. 
 
 As we have taken up this matter, let us go throiigh; for our 
 determination may have weight with our sister states, and 
 they will follow, where we take the lead, the honor of agree- 
 ing first to a measure, that must entitle to posterity security 
 for their property — no longer subject to the fluctuation of 
 faithless paper money and party laws — security to their lib- 
 erty, and security to their personal safety. These are blessings 
 which will engage the gratitude of posterity to venerate your 
 ashes. Excuse me, Sir, for being warm ; it is a matter I have 
 much at heart, and a subject which I almost adore; and let 
 the consequences to me be what they may, I must give it my 
 support; for it has my most hearty concurrence, and to every 
 part and particle I do pronounce a willing and a grateful 
 Amen. 
 
 I am against the postponement of the question as to the 
 principle; but as to that part of the resolution relating to the 
 time, I shall move for an alteration, as my colleagues and 
 myself think the period too short. 
 
 Mr. Fitzsimons. I was inclined to delay the business 
 until the afternoon; but from all that has been said, I believe 
 it must be the opinion of the House that it will be proper to 
 decide upon the first resolution before we adjourn. As to the 
 constitution itself, I believe the proper place for discussing 
 that will be in the convention, so that nothing need be added 
 on that head. If the time mentioned for the elections is sup- 
 
40 The Convention Called. 
 
 posed improper, that may be accommodated to the gentle- 
 man's wishes by amendments. 
 
 The question, Will the House agree to the postponement? 
 was put, and only nine rose in favor of it. So it was deter- 
 mined in the negative. 
 
 Mr. Brackenridge. You will please to recollect. Sir, that 
 when I was up last I observed that one of the arguments of 
 the member from Cumberland might easily be obviated. As 
 that was an improper time to reply to him, I declined doing 
 it; but I mean now to enter on this subject, as I consider it 
 fully before us. 
 
 Mr. Whitehill interrupted him with saying he had said 
 nothing against the principles of the proposed plan, but that 
 we were not ready to take it up. 
 
 Mr. Brackenridge. The gentleman must suppose me a fool 
 to think I was going into a defence of the principles of the 
 new form of government. No, Sir, that I take to be seated 
 above either the reach of his arguments or information. 
 
 It is wholly upon another point I mean to remark. He has 
 said, if I could select what he said, that we ought not to take 
 up the present question nor adopt the resolution until we 
 heard from Congress ; and his argument was that this should 
 be left to a future House to complete. Now this I mean to 
 answer, and hope to show perfectly that neither premise or 
 conclusion is well founded. There is also another question . 
 which seems to lie at the bottom of his argument, namely, 
 that it is necessary at the same time for the state to wait 
 until an improvement of the congressional government is 
 recommended by Congress. This, Sir, I conceive would be a 
 question lying at the bottom of the subject, which occupies 
 our present consideration. But I have not been able to dis- 
 cover any principle on which an idea of this nature can be 
 founded. What particular right have Congress to recommend 
 an improvement of the federal government? They may rec- 
 ommend, but I should suppose it comes under no part of the 
 authority delegated to them; and therefore that it was going 
 wholly out of the province assigned to them. I should sup- 
 pose it indelicate for the superior tower to solicit more. We 
 
No Need to Wait for Congress. 41 
 
 know they are invested with the power of recommending by 
 the confederation; but who would recommend from that body, 
 that it should be gratified with more extensive power? I 
 should, I say, presume it must come from them, not with the 
 highest degree of delicacy. In the next place, taking it for 
 granted that it should come entirely from them, what is the 
 foundation or what must be the foundation of a recommenda- 
 tion of that nature? Is it because they have become sensible, 
 that the present powers are not sufficient to conduct the affairs 
 of the United States, and that a more vigorous a-nd energetic 
 government became necessary ? Who ought to be the best 
 judges of this necessity? — men in Congress reflecting abstract- 
 edly, or the body of the people on this continent, feeling and 
 knowing this necessity? I therefore think it would be advis- 
 able to be guided in an alteration rather by this maxim than 
 by the other. If a thing. Sir, ought to be done, it is little mat- 
 ter whether it be from the reflection of Congress or the feeling 
 and sensibility of the people; and I own that I always feel a 
 contempt for those languid and trammeled sentiments which 
 move but like a piece of mechanism. And what are the con- 
 sequences of taking up the subject without waiting the result 
 of Congressional deliberation? We lead the way, and do great 
 honor to ourselves in marking the road to obtain the sense of 
 the people on a subject that is of the greatest moment to them 
 and to their posterity. How did this business first originate? 
 Did Virginia wait the recommendation of Congress? Did 
 Pennsylvania, who followed her in the appointment of dele- 
 gates, wait the recommendation of Congress? The assembly 
 of New York, when they found they had not the honor of 
 being foremost in the measure, revived the idea of its being 
 necessary to have it recommended by Congress, as an excuse 
 for their tardiness (being the seat of the federal government) 
 — and Congress to humor them complied with their sugges- 
 tions. How it happened to take efiect in the other states I 
 do not positively say; but I am rather inclined to believe it 
 was adopted from the influence of example, rather than from 
 the recommendation of Congress which happened to take 
 place in the interval between the sittings of the legislatures. 
 
42 The Convention Called. 
 
 But we never heard that it was supposed necessary to wait 
 their recommendations. No such argument was made use of 
 on this floor when the law was passed. The delegates to the 
 convention were appointed without the recommendation of 
 Congress, and they reported the result of their deliberations 
 to this House. What reason then is there for waiting any 
 longer to determine whether it is proper to call a convention 
 to consider of it or not? I don't see for my part what Con- 
 gress have to do with it; though doubtless I should not object 
 to waiting a few days to hear their opinion. This has been 
 done even until now, which is so near the close of our session 
 as to make a longer delay improper, therefore waiting their 
 recommendation is no argument for prolonging the consider- 
 ation of the subject before us. But there are certainly strong 
 reasons why we should call up and determine the question, 
 whether a convention should be called or not? The advant- 
 ages to the state are that it will be to her honor to take the 
 lead in adopting so wise a plan, and it will be an inducement 
 for other states to follow. We no doubt remember the influ- 
 ence the example of Virginia and Pennsylvania had in getting 
 a general delegation appointed, and that example will no 
 doubt as generally be followed in adopting the result, for it 
 is everywhere fully and sensibly felt that an alteration in the 
 federal government is requisite ; and I think there can be little 
 hesitation in agreeing to the resolution for calling a conven- 
 tion. As for the day of election, that is but a secondary con- 
 sideration, and may be determined when it comes before us. 
 We surely shall unanimously agree to the first resolution at 
 this time, for delay would argue a lukewarmness that must 
 be injurious to the cause. Every person who should hear we 
 had the subject ten days before us, and notwithstanding 
 avoided entering upon it, must conclude we are unfriendly to 
 it; and it will be cause of triumph to our enemies, who wait 
 only to see us refuse that government which alone can save 
 us from their machinations. 
 
 As it is fully in our power to appoint the mode and man- 
 ner of calling the convention, I hope gentlemen will turn 
 their thoughts, and say what is the proper time; for if it is 
 
"■In a State of Nature:' 43 
 
 delayed until the next House, it will be some time far ad- 
 vanced mto another year, before a convention can sit to ratify 
 the plan of our future government; by which means the force 
 of example would be for delay, and a measure so extremely 
 necessary would be left exposed or perhaps neglected, unless 
 the ardor of our citizens should induce them to do what our 
 timidity would decline. The influence which this state may 
 acquire by decision will be lost, and many of the advantages 
 lessened by an unnecessary delay. 
 
 Mr. Findley. I do not intend to reply to the arguments 
 used in favor of the present measure, but only examine the 
 ground on which we stand. When the question was on post- 
 ponement, I did not think it right that gentlemen should 
 have introduced the observations which they did, nor that 
 the manner of speaking which some used was proper. It was 
 only addressed to the passions, and in my reply I do not mean 
 to justify such language by using what may be similar. No, 
 Sir, I intend to address the judgment, and not the passions 
 of any man. I have no doubt but a convention might be called^ 
 and will be called. That it ought to be called^ and will be 
 called^ is seen so clearly, that I shall add nothing to enforce 
 it; therefore I take it that the propriety of calling a conven- 
 tion is not the question before us. After declaring my senti- 
 ments so far, I shall proceed. Sir, now to examine the 
 ground on which we stand: I believe we stand on federal 
 ground; therefore we are not in a state of nature. If we were 
 in a state of nature, all the arguments produced for hastening 
 this business would apply ; but as we are not, I would observe 
 that the most deliberate manner of proceeding is the best 
 manner. But the manner in which this subject has been in- 
 troduced is an indeliberate manner, and seems to argue that 
 we are not on federal ground. The design of carrying this 
 through, I say. Sir, is a presumption that we are in a state 
 of nature. If that is the case, then it can only be proper to 
 use this expedition. What I mean. Sir, by a state of nature 
 is with respect to the confederation or union of the states, and 
 not any wise alluding to our particular state government. 
 Now my opinion is. Sir, that we ^re on federal ground: that 
 
44 The Convention Called. 
 
 the federal convention was a federal convention; that it had 
 the powers of a federal convention, and that they were limited 
 to act federally; that they have acted agreeably to the limita- 
 tion, and have acted federally. I know by some of the argu- 
 ments which have been used that some gentlemen suppose 
 otherwise. Well then, Sir, we will have recourse to the con- 
 federation itself, and then to the law which appointed dele- 
 gates to the convention, and let them decide whether we are 
 on federal ground or not. 
 
 The sixth article of the confederation says: "No two or 
 more states shall enter into any treaty, confederation, or alli- 
 ance whatever between them, without the consent of the 
 United States in Congress assembled, specifying accurately 
 the purposes for which the same is to be entered into, and 
 how long it shall continue." It may be said this don't apply. 
 Well, let us examine what it says further in the thirteenth 
 article: "The articles of confederation shall be inviolably ob- 
 served by every state, and the union shall be perpetual; nor 
 shall any alteration at any time hereafter be made in any of 
 them, unless such alteration be agreed to in a Congress of the 
 United States, and be afterwards confirmed by the legislatures 
 of every state." Now, did we act in conformity with these 
 articles by passing the law appointing delegates to the con- 
 vention, or did we not? I say we did. I know the contrary 
 has been said, but let us have recourse to our own act. I 
 don't mean, as I said before, to reply particularly to any 
 arguments, but to establish the point that we have all along 
 acted upon federal principles, and that we ought to continue 
 federal, and I have no doubt but we shall. But what says 
 the preamble of the law? Hear our own words. Sir: 
 "Whereas, the general assembly of this commonwealth, tak- 
 ing into their serious consideration the representations here- 
 tofore made to the legislatures of the several states in the 
 union, by the United States in Congress assembled," etc. 
 It has been mentioned that we took it up in consequence of 
 Virginia's having engaged in the measure; and as the reasons 
 are only mentioned in the preamble, they may not deserve 
 much attention, but the second section of the law decides this 
 
'■'In a State of Nature:' 45 
 
 point. The words are, after enumerating the persons, that 
 they are hereby constituted and appointed deputies from this 
 state, with powers to meet such deputies as may be appointed 
 and authorized by the other states to assemble in the said con- 
 vention at the city aforesaid, and to join with them in devis- 
 ing, deliberating on, and discussing all such alterations and 
 further provisions as may be necessary to render the federal 
 constitution fully adequate to the exigencies of the Union; 
 and in reporting such act or acts for that purpose to the 
 United States in Congress assembled, as, when agreed to by 
 them and duly confirmed by the several states, will effectually 
 provide for the same. 
 
 Now I consider it as a question of importance, whether we 
 are to take up the new constitution, as being in a state of na- 
 ture, or, acting on federal ground, whether we stand uncon- 
 nected or subordinate to the present confederation ; if we are 
 bound by that, it obliges us to continue on federal ground. 
 I should conceive that we are still bound by the confederation, 
 and that the conduct of the House has hitherto been federal; 
 that the convention was federal, as appears by their appoint- 
 ment and their report to Congress. Did they. Sir, address 
 their report to this House? No, Sir, they did not. It is true, 
 Sir, we were honored with a report from our own delegates. 
 No, Sir, I retract the word — the delegates were honored; they 
 did themselves the honor of communicating the result of 
 their deliberations. But did the convention address this 
 House? No, Sir, they did not. They addressed Congress, 
 as they were ordered to do. Hitherto the business has been 
 in a federal channel, and this, Sir, is the first step that places 
 us upon unfederal ground. The report is before Congress, 
 and it is to be presumed Congress will agree to it; but has 
 such a length of time elapsed, as to induce us to suspect they 
 will not concur, or to justify our going into it without their 
 recommendation? We may act, Sir, without due delibera- 
 tion, and hurry on without consideration, but Congress will 
 not. I know the propriety of waiting to hear from them 
 must have weight with every member, and I ask every gen- 
 tleman in this House, will they take upon themselves to 
 
46 The Convention Called. 
 
 doubt of the acquiescence of Congress, in order to furnish an 
 argument for dispatch? If any will, let him say so, and take 
 the consequences upon his character. No doubt can be en- 
 tertained, but Congress will recommend, as the acquisition of 
 power is a desirable object with them. Their disposition 
 must be to promote the present plan, but they must wish to 
 preserve the appearance of decency on such a subject. I ask, 
 can any gentleman suppose but what Congress will come 
 readily into it? They who have been many years recom- 
 mending and requiring, nay, I may say, begging for such 
 powers as are now proposed to be given them, cannot change 
 their disposition, and decline receiving an increase. Well, 
 what does all this tend to prove? have we not all along been 
 a federal State, remarkably so? And shall we be the first to 
 step out of our way wantonly, and without any reason? Cer- 
 tainly we will not. 
 
 However, I suppose some gentleman will say, it is neces- 
 sary for Pennsylvania to show a ready compliance on the 
 present occasion — that it is absolutely necessary to supersede 
 the existing confederation. Why, Sir, we know that noth- 
 ing, no argument, no opposition, can withstand the plea of 
 necessity. Well, but the absolute necessity must arise from 
 the dangers we are in. Now where are any dangers to be 
 avoided, while Congress are going only through their usual 
 forms to recommend this measure? They must have time to 
 read and consider the plan; it must go through the usual 
 course of business. Circular letters must be prepared and 
 sent with authenticated copies of the new form of govern- 
 ment. I am of opinion all this will be done with proper 
 speed, and the communications will be made as soon as pos- 
 sible. Why send the plan to Congress at all, if we must act 
 upon it without their approbation? If the present confedera- 
 tion is not adequate to the great national purposes, it is fair 
 to put it in competition with the proposed one. We know it 
 was framed by good and wise men, and so was this. Wise 
 and great men were employed in framing both. Nay, some 
 of the same men prepared them— but as time and experience 
 have shown a revision to be necessary, has it not been entered 
 
''Must Act Federally:'' 47 
 
 into on federal ground? And will the State of Pennsylvania 
 quit this to answer the concealed purposes of those who urge 
 on the present measure? No, I hope not,— but they will 
 agree to leave it to another House, by which time the usual 
 formalities may be given it by the United States. Surely 
 Pennsylvania can take it up early enough to prevent any 
 damage that is feared. In doing so we act federally. What 
 are held out as inducements to act with such precipitation ? 
 As some members say the honor of being foremost; but I would 
 rather say the dishonor oi acting unfederally; and will any 
 federal purposes be answered by a breach of the confederation, 
 which can counterbalance the disgrace of being the first to 
 dissolve the union? And, Sir, it is not convenient that one 
 State should enter into this measure any length of time before 
 the others. This is one reason of waiting the recommenda- 
 tion of Congress — for then the new constitution comes ofBci- 
 ally and all are prepared to go hand in hand in perfecting the 
 work — but will a name justify us for a breach of faith un- 
 necessarily? and no necessity is alleged to justify the measure. 
 Sir, in acting the part I do in supporting federal measures, I 
 am justified by every citizen who will think with deliberation 
 on a subject of this importance. I have supposed the gentle- 
 men who support the resolutions before you, have some 
 object in view which is not understood. I have a right for 
 such suspicion, or why was it delayed to the last but one day 
 of the sessions? We do not treat this subject which is 
 allowed to be of importance with any respect; we treat it 
 rather as a matter of no importance when we hurry it on in 
 this manner. Why, Sir, even the trifling business of ap- 
 pointing a prothonotary, or register, is made the order of the 
 day. Certainly then we treat this with indignity. 
 
 There must be some reasons for this, but though I cannot 
 see it, I may suppose it, and I would ask the gentlemen 
 whether it is that they may have the merit of promoting a 
 business which appears to be very popular; but will this con- 
 sist with our federal engagements? I would go further and 
 assign another reason against it, but I may be supposed to 
 touch it with indelicacy. It may be asked, was this House 
 
48 The Convention Called. 
 
 elected with a view of entering into matters of this import- 
 ance? I say this may be indelicate, as the House have 
 elected delegates to convention — ^but then, Sir, I have showed 
 they had that right by the articles of confederation, so that 
 the House so far did their duty. It is true they happened, in 
 their choice of delegates, to choose a number of their own 
 members, but in this they were also justified for one reason: 
 perhaps they thought them better judges of what would be 
 for the benefit of a State they regulated by their legislation. 
 I believe nothing was improper in this; but, I remember, it 
 was lamented that some persons were not chosen better to 
 represent the country interest. And it is these very men who 
 now come forward with the resolutions. They, no doubt, are 
 able to decide ; but I think they should indulge others with 
 time for a like consideration — therefore, I hope they will 
 agree to let it lie over to the next House. I don't think that 
 it will be then too late, and few or none of the other States 
 can be forwarder than ourselves in calling a convention. 
 
 Mr. G. Clymer. We now, Mr. Speaker, have heard all 
 the commonplace arguments against adopting the federal 
 constitution; and among this mass of matter, what has the 
 gentleman attempted to establish? I think. Sir, it may be 
 reduced to these two points: first, that the legislature of 
 Pennsylvania is not adequate to calling a convention, though 
 generally desired; and the other is, that the measure of calling 
 a convention, if gone into, is anti-federal, and shows an im- 
 propriety in the conduct of the House, in not waiting the 
 result of the deliberations of Congress. Sir, I have as great 
 respect for federal measures, and for Congress, as that gentle- 
 man can pretend to. But waiting their report. Sir, I believe 
 will be to attend to forms, and lose the substance. A little 
 calculation will serve to demonstrate this, and show the im- 
 propriety of waiting the report of that body. At the same 
 time a due regard to decency has been had by postponing this 
 business to so late an hour. If this House order a conven- 
 tion, it may be deliberated and decided some time in Novem- 
 ber, and the constitution may be acted under by December. 
 But if it is left over to the next House, it will inevitably be 
 
Delay of Congress not from Opposthon. 49 
 
 procrastinated until December, 1788. No man, I presume, 
 would be willing that our union and existence should remain 
 so long in jeopardy, or run the risk of a final ruin. 
 
 If this business is neglected by the present House, and suf- 
 fered to pass over to the next, it will undoubtedly have the 
 appearance of our being unfriendly to the new constitution, 
 or will be owning to the world that we are not willing to de- 
 cide in its favor. The gentleman supposes wrong, when he 
 says, that the reason for bringing it forward now is, that 
 Congress are not favorable to the measure. It originated on 
 no such apprehension; on the contrary, we know that Con- 
 gress are favorable, and I have been informed by a gentleman 
 of information, lately from York, that the members of Con- 
 gress were unanimous in approving it; but that the formality 
 which accompanies their decisions is of such a nature as to 
 require a longer time for making ofiicial communications. 
 
 The other argument, that it is unfederal to call a conven- 
 tion without the approbation of Congress, is not supported; 
 for he agrees, that should Congress disapprove, there is still 
 a way left of laying it before the people, which amounts to a 
 full proof that Congress is considered only as a vehicle to 
 communicate the information generally to the United States. 
 In this light the gentleman will find the convention ad- 
 dressed them ; if he turns over to the resolutions accompany- 
 ing the constitution, it is there declared as their opinion, that 
 it should be addressed to a convention of delegates, chosen in 
 each State by the people thereof, under the recommendation 
 of its legislature; and when agreed to in such manner by nine 
 States, it shall then be in force. Thus we see there is no 
 power vested in Congress, to prevent the States going into it 
 separately and independently. The idea which he has taken 
 up, may be traced undoubtedly in the original confederation, 
 but he will not find it at all attended to by the convention. 
 Waiting to receive a recommendation of the measure from 
 Congress, must even by that gentleman be esteemed merely 
 as a compliment, which I think, by the delay already made, 
 has been fully complied with ; so that I think little remains 
 but that the House patronize the calling a convention by 
 4 
 
50 The Convention Called. 
 
 agreeing to the first resolution, and no man, I apprehend, in 
 favor of federal measures, will oppose this; and when the 
 second comes before us, we may determine the time for hold- 
 ing the election. 
 
 Mr. Robinson. The argument of the gentleman, who ob- 
 jects to the present measure, is not against the propriety of 
 calling a convention, but only that this is an improper time; 
 and it appears that he supposes farther, that we are not act- 
 ing consistent with our federal engagements in deciding on 
 this subject before it is recommended by Congress: because, 
 as he says, we quit the federal ground on which we have 
 hitherto trodden, and act as if we were in a state of nature 
 with respect to the confederation existing between the thir- 
 teen States. Now, Sir, I must oppose these arguments by 
 asserting, in the first place, that we have not acted hitherto 
 on federal ground ; that the appointment made by this House 
 of delegates to convention, was not federal, nor any one step 
 taken by us has been in conformity with the articles of con- 
 federation. And all this I think, Sir, I shall be able to prove 
 to your satisfaction, and to a full refutation of every pretext 
 which the gentleman from Westmoreland has set up to defeat 
 the proposed measure at the present. The gentleman has in- 
 troduced to your attention the thirteenth article of the con- 
 federation, and concludes from it that we are acting unfeder- 
 ally, if we do not wait their decision. Now I mean to prove 
 by this article, that we have not acted hitherto in conformity 
 with it — but that at the very first onset, we entered new 
 ground, and the articles of this confederation (it says) shall be 
 inviolably observed^ and the union shall be perpetual^ nor 
 shall any alteration, at any time hereafter be made in any of 
 them, unless such alteration be agreed to in a Congress of the 
 United States and be afterwards confirmed by the LEGISLA- 
 TURE OE EVERY STATE. 
 
 From this is plainly inferred, that alterations ought to have 
 originated with Congress^ and by them been recommended 
 to the several LEGISLATURES. Here is no provision for 
 leaving it to another body of men^ to recommend alterations 
 to State Conventions — here is no provision for making an en- 
 
Federal Convention not Called by Congress. 51 
 
 gagement binding, as soon as entered into by nine States as- 
 sembled in conventions. No, sir, the constitution proposed 
 is no alteration oi axiy particular article of the confederation, 
 which is the only thing provided for. The federal conven- 
 tion did not think of amending and altering the present con- 
 federation, for they saw the impropriety of vesting one body 
 of men with the necessary powers. Hence resulted the neces- 
 sity of a different organization. America has been taught by 
 dear-bought experience, that she could never hope for 
 security or prosperity under articles of union that were no 
 longer binding than suited the convenience of each particular 
 state, and were slighted or contemned as petulance or caprice 
 dictated. America has seen the confederation totally inade- 
 quate to the purposes of an equal general government, inca- 
 pable of affording security either within or without. At- 
 tempts in vain have been made to obtaih the assent of all the 
 States, to measures which have at one time or another been 
 agreed by them severally, yet retracted by some when a 
 prospect of success appeared. Hence resulted the necessity 
 of taking up this business on original ground. Hence re- 
 sulted the necessity of having again recourse to the au- 
 thority OF THE PEOPLE. Under this impression., Sir., 
 the CONVENTION originated. Virginia passed a law appoin- 
 ting delegates to join with the delegates of such other 
 States as, influenced by her example, and convinced of the 
 necessity of having a more eflfective federal government, 
 should concur therein. Virginia, Sir, was not authorized by 
 Congress to make such appointment, nor did Pennsylvania 
 wait for that authority ; but this reason, which is inserted in 
 the preamble of the bill, was thought sufficient to justify our 
 conduct, and was the real inducement for passing the law: 
 " And whereas the legislature of the State of Virginia have 
 already passed an act of that commonwealth, empowering 
 certain commissioners to meet at the city of Philadelphia, in 
 May next, a convention of commissioners, or deputies, from 
 the different States; and the legislature of this State are fully 
 sensible of the important advantages which may be derived 
 to the United States, and every of them, from co-operating 
 
52 The Convention Called. 
 
 with the commonwealth of Virginia^ and the other States of the 
 confederation, in the said design." 
 
 Finally, Sir, the recommendation of Congress was obtained 
 for calling the convention; but this was a power not vested 
 in them by any article of the confederation, under which they 
 ought to act. In this. Sir, they departed from that federal 
 conduct, which the member from Westmoreland, by mistake, 
 asserts has hitherto been pursued. Having, Sir, not hither- 
 to proceeded one step on federal ground, is it to be expected 
 that federal ground should now be resumed? But, Sir, if we 
 were to proceed under the most earnest recommendation of 
 Congress, to call a state convention, we proceed contrary to 
 the principle laid down in the 13th article, which de- 
 clares the alteration must be confirmed by the legisla- 
 ture: so whether Congress recommend, or do not recom- 
 mend — if a convention is called, (which every gentleman 
 agrees is proper) we act inconsistent with the articles of con- 
 federation. For is it any where said, that conventions of the 
 people shall be called to determine such alterations as are sub- 
 mitted by Congress? No, Sir, THE LEGISLATURES are 
 to decide, and moreover, it must be confirmed by all of them 
 before it can have effect. Now is this a circumstance that 
 can be reasonably expected after the disunion and obstinacy 
 which has heretofore taken place? The new constitution de- 
 clares, when nine States concur, it shall be binding on them; 
 so that whatever way we proceed in, it must be clear we pro- 
 ceed without regard to the confederation. 
 
 With respect to the recommendation of Congress, I think 
 it is generally believed they will recommend, but it is only 
 mere formality that could require us to wait it — even was it 
 federal — which it is not. Let us suppose that Congress were to 
 refuse recommending, would it drop to the ground? And 
 suppose we decline calling a convention, will not the people 
 call one themselves? They surely will, and have an un- 
 doubted right so to do. And the only question before us is, 
 what advantage will arise from calling that convention now ? 
 The people who reside near the seat of government have gen- 
 erally applied to you to direct this affair — now should we 
 
Calling a Convention not Unfederal. 53 
 
 treat their application with a silent neglect, it will argue 
 that the general assembly are unfriendly to a more federal 
 and eflFective government. If it should not carry that idea to 
 the people about us, who may have fuller information, it cer- 
 tainly will to the extremes of the State, and other distant 
 places. It will tend to damp that ardor, which the proposed 
 plan has universally inspired. The State of Pennsylvania is 
 of great weight, her influence would be extended, nor has she 
 ever relaxed her federal exertions; she would become still of 
 greater importance in the union, and her example on the pre- 
 sent-question may fix the liberty, prosperity and happiness of 
 united America, while sun and moon endureth. 
 
 A tardiness will lose us these advantages, and by referring 
 to another House, we may not see it effected until many 
 other States that have formed a better judgment of its impor- 
 tance, shall have acceded and eclipsed our fame. 
 
 Mr. Fitzsimons. I think too highly of the good sense of 
 this House, to suppose it necessary to say anything to prove 
 to them, that their agreement to calling a convention is not 
 unfederal^ as every member must have fully considered the 
 point before this time; nor I do not think a single gentleman 
 supposes, that it would be unfederal — though the member 
 from Westmoreland has taken some pains to persuade us, 
 that Pennsylvania has been hitherto a federal State, and that 
 we are about to depart from that conduct, and to run before 
 even prosperity itself. I think it greatly to the honor of 
 Pennsylvania, that she deserves the gentleman's commenda- 
 tion, by having always stood foremost in support of federal 
 measures; and I think it will redound still more to her 
 honor, to enter foremost into this new system of confederation, 
 seeing the old is so dissolved or rotten as to be incapable ot 
 answering any good purpose whatsoever. Has the gentleman 
 ever looked at the new constitution? If he has, he will see, 
 it is not an alteration of an article in the old, but that it de- 
 parts in every principle from the other. It presupposes. Sir, 
 that no confederation exists; or if it does exist, it exists to no 
 purpose: as it can answer no useful purpose, it cannot provide 
 for the common defence, nor promote the general welfare. 
 
54 The Convention Called. 
 
 Therefore, arguments that are intended to reconcile one with 
 the other, or make the latter an appendage to the former, are 
 but a mere waste of words. Does the gentleman suppose 
 that the convention thought themselves acting under any 
 provision made in the confederation for altering its articles ? 
 No, Sir, they had no such idea. They were obliged, in the 
 first instance, to begin with the destruction of its greatest 
 principle, equal representation. They found the confedera- 
 tion without vigor, and so decayed that it was impossible to 
 graft a useful article upon it; nor was the mode, Sir, as pre- 
 scribed by that confederation, which requires alterations to 
 originate with Congress. They found at an early period, 
 that no good purpose could be eifected by making such alter- 
 ations as were provided by the iirst articles of union. They 
 also saw, that what alterations were necessery could not be 
 ratified by the legislatures, as they were incompetent to or- 
 daining a form of government. They knew this belonged to 
 the people only, and that the people only would be adequate 
 to carry it into effect. What have Congress and the legisla- 
 tures to do with the proposed constitution? Nothing, Sir, — 
 they are but the mere vehicles to convey the information to 
 the people. The convention. Sir, never supposed it was 
 necessary to report to Congress, much less to abide their 
 determination: they thought it decent to make the compli- 
 ment to them of sending the result of their deliberations — 
 concluding the knowledge of that would be more extensively 
 spread through their means. Not that I would infer there is 
 the least doubt of the most hearty concurrence of that body; 
 but, should they decline, and the State of Pennsylvania 
 neglect calling a convention, as I said before, the authority is 
 with the people, and they will do it themselves; but there is 
 a propriety in the legislatures providing the mode by which 
 it may be conducted in a decent and orderly manner. 
 
 The member from Westmoreland agrees, that a convention 
 ought to take place. He goes further and declares, that it 
 must and will take place, but assigns no reason why it should 
 not early take place. He must know that any time after the 
 election will be proper, because at that time, the people being 
 
Mr. Findley Urges Delay. 55 
 
 collected together, have full opportunity to learn each other's 
 sentiments on this subject. Taking measures for calling a 
 convention in a very different thing from deciding on the 
 plan of government. The sentiments of the people, so far as 
 they have been collected, have been unanimously favorable to 
 its adoption, and its early adoption, if their representatives 
 think it a good one. If we set the example now, there is a 
 great prospect of its being generally come into; but if we de- 
 lay, many ill consequences may arise. And I should suppose, 
 if no better arguments are offered for the delay that what has 
 been advanced by the gentleman on the other side of the 
 House, that we will not agree to it. As to the time of elec- 
 tion, that has been all along conceded, and gentlemen will 
 propose such time as they think proper. 
 
 Mr. Findley. I wish to make a few observations. Sir, on 
 what has been said by the several gentlemen who support the 
 motion, and to offer some further reasons in favor of delay. 
 One gentleman says, it will be procrastinated, if laid over to 
 the next House, into another year — in that, Sir, I will agree 
 with him, if he means the beginning, but not if the middle 
 or latter end. The same gentleman says, that no one, in 
 favor of federal measures, would oppose it. Now, Sir, I pro- 
 fess myself in favor of federal measures, and I believe the 
 members of the House are generally so; and it is for that very 
 reason that I wish to defer it, in order that we may accom- 
 plish in a federal manner. The gentleman further says, that 
 if Congress disapprove of it, there is still a way left of having 
 it adopted: but if Congress should disapprove — will it be con- 
 tended, that we have acted properly, in agreeing to a measure 
 without consideration. Congress certainly take no more 
 time than is necessary, and they must know how the legisla- 
 ture of Pennsylvania is circumstanced: they know we are 
 near our dissolution, and never can imagine that even if they 
 were to determine on recommending, that we have time to 
 decide on that recommendation. 
 
 As to what the gentleman from the county (Mr. Robinson) 
 says of the federal convention's not being a federal conven- 
 tion, I have but little to reply. I stated some facts to prove 
 
56 The Conventio7t Called. 
 
 they were a federal convention, acting under the confedera- 
 tion both by its injunctions and by the law. He charges 
 Congress also with not having acted agreeable to the confed- 
 eration ; but he has not shown us why that body should wan- 
 tonly step out of the way, when, by the 13th section, they 
 were able to effect every alteration which was required. But 
 for my part, I think their conduct was federal, and their reso- 
 lution conformable to the confederation. Neglecting to adopt 
 the measure of calling a convention is said by him to carry 
 the idea of this state's being unfriendly to the proposed con- 
 stitution. But why should it have this effect? Is it not 
 known that the usual method of determining any matter of a 
 public nature is by a due consideration and repeated delibera- 
 tion conformable with our constitution? Can a hasty deci- 
 sion be expected? No; it is expressly prohibited. Why, then, 
 must it be inferred from delay that we are unfriendly? 
 
 The member from the city (Mr. Fitzsimons) says that every 
 member must have considered this subject. I will say that 
 every member has not considered it; for my part I have read 
 it over not with a view of considering it in this house, and as 
 for the object before us — I never thought of it at all, taking 
 it for granted that the session was so far expired that time was 
 not left to receive it from Congress or deliberate upon it. I 
 know that it is the province of the convention to consider of 
 the merits of the plan, and I suppose that they will have good 
 reasons assigned for their determination, whether it be to re- 
 ject or adopt it, so that I shall add nothing on this head. 
 The gentleman goes further, and informs us that the federal 
 convention did not act under the confederation, which he says 
 is dissolved and rotten, and they paid no respect to it in their 
 deliberations. I know this matter does not come properly 
 before the House, but. Sir, I cannot forbear remarking upon 
 these words. I should think it unwise to throw out the dirty 
 water. Sir, before we get clean. If the confederation is dis- 
 solved, there is no bond to keep us together even while we 
 deliberate on the new. But, Sir, our confederation is not dis- 
 solved, though it may be defective. We remember it was 
 framed in time of war, and every requisite for the time of 
 
Mr. Findley Urges Delay. 57 
 
 peace may not have been adverted to; and we should remem- 
 ber it served, and served us faithfully, through a difScult and 
 protracted war. Let us, therefore, not censure it too highly, 
 as we have been advantaged by it, nor despise it, and say it 
 is dissolved and rotten: for. Sir, when I go into my new 
 house, I wait till it is finished and furnished, before I quit 
 the humble cabin that has served me many a cold and weary 
 day ; and when I bid it an adieu, it is becoming to speak re- 
 spectfully of it, because it was true and faithful to the last. 
 
 Now with respect to the propriety of waiting the recom- 
 mendations of Congress, and v/he'Jier we are acting federally 
 or not, are questions, in my opinion, of high importance. 
 The gentlemen say also that the subject is important — but 
 how do they treat it? They treat it, Sir, as a trifle, whilst 
 we, by desiring due deliberation, treat it as important. Ask 
 the gentlemen. Sir, what they are about to do? They mean 
 to summon an election of delegates at so short a day, that 
 people have not the least time to consult together even on a 
 proper representation. Perhaps the city and county of Phil- 
 adelphia may have time sufficient, but no other can. If a 
 majority of the people of Pennsylvania are favorable to the 
 new constitution, how can they find out the sentiments of 
 those whom they wish to represent them? Perhaps they may 
 elect persons who will give it every opposition; and it may 
 be. Sir, that the very persons who are pressing this business 
 forward, do it to inspire a confidence that they are its sup- 
 porters, when they mean, if opportunity shall offer, to de- 
 stroy it. I ask the members of this House, Is it reasonable 
 to suppose proper time is allowed? Let every member ask 
 himself if the people can choose delegates with any kind of 
 judgment? The people generally are disposed to have a 
 government of more energy. How far the proposed one may 
 answer their idea, I think we ought to let them consider. 
 They have a right to think and choose for themselves. Shall 
 we then deprive them of their right? Surely not. Let them 
 then have time, and they no doubt will act right, and refuse 
 or adopt the plan of government held out to them. 
 
 Mr. Brackenridge. With respect to the expediency of im- 
 
58 The Convention Called. 
 
 mediate decision on this question, it has been suflSciently ob- 
 served, that the example of Pennsylvania would be a great 
 inducement to the other States to come speedily into its adop- 
 tion — on the contrary, a delay with us will occasion a delay 
 in the other legislatures. The gentleman allows we labor 
 under inconveniences by the present mode of government; 
 let his object then be to remove the difficulties and hasten 
 their termination, by a speedy application of the only remedy 
 the case admits of. I cannot see, Mr. Speaker, whence the 
 gentlemen (Messrs. Whitehill and Findley) are so averse to a 
 measure that the one owns is necessary and the other cannot 
 state a single objection against. 
 
 All effiirts to restore energy to the federal government have 
 proved ineffectual, when exerted in the mode directed by the 
 13th article of the confederation, and it is in consequence of 
 this that recourse is once more had to the authority of the 
 people. The first step toward obtaining this was anti-federal ; 
 the acquiescence of Congress was anti-federal; the whole pro- 
 cess has been anti-federal so far as it was not conducted in 
 the manner prescribed by the articles of union. But the first 
 and every step -^3.5 federal, inasmuch as it was sanctioned by 
 the PEOPLE OE THE UNITED STATES. The member from 
 Westmoreland pleases his fancy with being on federal ground, 
 pursuing federal measures, and being a very federal sort of 
 person; he concludes we are not in a state of nature, because 
 we are on federal ground. But, Sir, we are not on federal 
 ground, but on the wild and extended field of nature, unre- 
 strained by any former compact, bound by no peculiar tie ; at 
 least so far are we disengaged, as to be capable of forming a 
 constitution which shall be the wonder of the universe. It is 
 on the principle of self-conservation that we act. The former 
 articles of confederation have received sentence of death, and 
 though they may be on earth, yet are inactive, and have no 
 efficacy. But the gentleman would still have us to be bound 
 by them, and tells you your acts must correspond with their 
 doctrine. This he proves. Sir, from the 13th article: but in 
 this he is like some over-studious divines, who in comment- 
 ing on their text, turn it to different shapes, and force it to 
 prove what it never meant, or in the words of the poet, 
 
Mr. Whitehill U^ges Delay. 59 
 
 As critics, learned critics view, 
 
 In Homer, more than Homer knew. 
 
 He will not suffer the old to be dissolved until the new is 
 adopted; he will not quit his old cabin, till the new house is 
 furnished, not if it crumbles about his ears. But, Sir, we 
 are not now forsaking our tenement, it has already been for- 
 saken: and I conceive we have the power to proceed inde- 
 pendent of Congress or Confederation. But as to the second 
 object, whether the time is proper as stated in the resolution, 
 I do not say that it is, because I conceive it too short for sev- 
 eral counties distant from this city; but this subject will come 
 forward with propriety after the present question is agreed to. 
 
 Mr. Findley. The proposed plan is not now before us; 
 therefore we have nothing to say on that subject. But, Sir, 
 I would still suppose the old confederation is in existence — 
 the new says that when nine States agree, it shall be binding 
 on them ; — that is to say, we shall not go out of the old, until 
 the new is so far completed. Then, Sir, for my part I would 
 retire from under the old, but not till then, when I would 
 bid it an honorable and friendly adieii for its meritorious 
 services ; then I would cheerfully pay that attention to the 
 new, which a more perfect edifice deserves; I would then 
 support or act under it, as occasion might require. 
 
 Mr. Whitehill. I shall make but a very few observations 
 on this business as enough has already been said, I apprehend, 
 to convince the house of the propriety of delay, if any consid- 
 eration can effect it. I believe. Sir, we are under the confed- 
 eration, and when we come to consider the articles of that 
 confederation, as well as the law passed appointing delegates 
 to Congress, we shall have reason to conclude that we are on 
 federal ground, and not in a state of nature. In the sixth 
 article it is expressly declared that no State shall enter into 
 any confederation without the consent of Congress; this is 
 sufficient to satisfy the house that they ought not to proceed 
 without the approbation of Congress. I say, when we come 
 to consider, that the States appointed delegates in consequence 
 of the recommendation of Congress, and that they reported to 
 Congress agreeafbly to their orders, every member must be 
 
6o The Convention Called. 
 
 convinced that it is a federal measure, and this way of going 
 out of it must be contrary to all right and propriety. We 
 have articles of confederation, Sir, and we are bound by them. 
 We are acting. Sir, a very wrong part to deny this — they are 
 our government. They have the necessary powers by the 
 confederation, and I say their recommendation is necessary; 
 and unless we have it, nothing can be done toward establish- 
 ing the new constitution. 
 
 Mr. D. Clymer said the new constitution had nothing to do 
 with the present question which was simply. Will the house 
 take the proper means to have a convention of the people 
 called to deliberate on the propriety of receiving or refusing 
 the new plan of confederation ? 
 
 The question was now put. Will the house agree to the 
 resolution ? And the yeas and nays being called by Messrs. 
 D. Clymer and Fitzsimons, are as follows : 
 
 Yeas. — ^Will, Fitzsimons, Clymer, Hiltzeimer, Gray, Rob- 
 inson, Salter, I^ogan, Foulke, Wynkoop, Chapman, Upp, 
 Moore, Willing, Ralston, Evans, Thomas, Wheelen, Lowry, 
 Hubley, Carpenter, Work, Ross, Clemson, M'Conaghy, 
 Schmyser, M'Clellan, Ivilley, G. Hiester, Kreemer, J. Hiester, 
 Davis, D. Clymer, Trexler, Burkhalter, Cannon, Antis, 
 Brackenridge, Moore, Wheeler, Hockley, Risse, Carson — 43. 
 
 Nays. — Whitehill, Kennedy, Mitchell, Brown, Piper, 
 Powell, Dale, Findley, Barr, Wright, M' Dowel, Flenniken, 
 Allison, Phillips, Gilchrist, Smith, M'Calmont, Clarke, 
 Miley — 19. 
 
 After which the house adjourned till 4 o'clock in the after- 
 noon. 
 
 Eodem die^ p. m. 
 
 Mr. Speaker took the chair, when it appeared there were 
 but 44 members met, which, not being a quorum, 
 
 Mr. Wynkoop observed that the house had under their con- 
 ideration a business of the highest importance, and as he 
 remarked the absent members were mostly those who had 
 given it opposition in the forenoon, he suspected they had 
 withdrawn themselves by design, he would therefore move 
 that the Sergeant of Arms be sent for them. This being 
 
No Quorum in the Assmbly. 6i 
 
 unanimously agreed to, the Sergeant was dispatched in search 
 of the following members of the general Assembly of Penn- 
 sylvania, namely : 
 
 From Cumberland— J?o3^r/f Whitehill, Thomas Kennedy, ■> 
 
 David Mitchell. 
 From Bedford— /<7>^« Piper, Joseph Powell. , 
 From Northumberland— i^r^^^rzc,^ Antis, (who voted in favor 
 
 of calling the convention), Samuel Dale. 
 From Westmoreland — William Findley, James Bar. 
 From Washington— ^/,?jrfl«^^r Wright, John M^ Dowel, John 
 
 Flenniken, James Allison. 
 From l?a.ye.tt&—Theophilus Phillips, John Gilchfist. 
 From Franklin — Abrahajn Smith, James AP Calmont. 
 From Dauphin — Robert Clarke anA Jacob Miley. 
 
 The Speaker left the chair until the return of the Sergeant 
 at Arms, who was immediately examined at the bar of the 
 house. 
 
 Mr. Speaker. Well, Sergeant, have you seen the absent 
 members? Sergeant. Yes, Sir, I saw R. Whitehill, Ken- 
 nedy, Mitchell, Piper, Powell, Dale, Findley, Bar, Wright, 
 M'Dowel, Flenniken, Allison, Gilchrist, M'Calmont, R. 
 Clarke, Antis and Miley. 
 
 Mr. Speaker. What did you say to them? Sergeant. I 
 told the gentlemen that the Speaker and the house had sent 
 for them, and says they, There is no house. 
 
 Mr. Speaker. Did you let them know they were desired 
 to attend? Sergeant. Yes, Sir, but they told me they could 
 not attend this afternoon, for they had not made up their 
 minds yet. 
 
 Mr. D. Clymer. How is that? Sergeant. They had not 
 made up their minds this afternoon to wait on you. 
 
 Mr. Speaker. Who told you this? Sergeant. Mr. White- 
 hill told me the first. 
 
 Mr. Speaker. Where did you see them? Sergeant. At a 
 house in Sixth street; Major Boyd's, I think. 
 
 D. Clymer, You say Mr. Whitehill told you first there 
 was no house; who told you afterward? Sergeant. Mr. 
 Clarke said they must go electioneering now. 
 
62 The Convention Called. 
 
 D. Clymer. I would be glad to know what conversation 
 there was among them, and who was there? Sergeant. 
 There was a member of council with them, Mr. M'Laine, and 
 he asked me. Who sent you? 
 
 Mr. Speaker. Was no other person in the room? Ser- 
 geant. Yes, I saw Mr. Smiley there. 
 
 D. Clymer. Was there no private citizens? Sergeant. No, 
 Sir. 
 
 D. Clymer. There was none then but men in public of- 
 fices? Sergeant. No. 
 
 D. Clymer. Well; and pray what did the honorable Mr. 
 Smiley say? Sergeant. He said nothing. 
 
 D. Clymer. Could all the persons in the room hear Mr. 
 M'Laine's qiiestion. Sergeant. Yes, Sir. 
 
 D. Clymer. And did they seem pretty unanimous in their 
 determination not to come? that is, did it appear so to you? 
 Sergeant. Yes, Sir, as I understood it, nearly. 
 
 D. Clymer. Did you hear of any one willing to come? 
 Sergeant. No, Sir. 
 
 Sergeant, you may retire. 
 
 The Speaker now recapitulated the unfinished business, 
 and wished to know what the members would choose to do. 
 
 Mr. Wynkoop would be glad to know, if there was no way 
 to compel men, who deserted from the duty they owed their 
 country, to a performance of it, when they were within the 
 reach of the House. If there is not, then God be merciful to 
 us! I ! 
 
 Mr. Lowry believed there was a law to compel the absent 
 members to serve, which was passed in the year 1777; but 
 upon investigation, this law was found wholly inadequate, 
 and upon search it appeared, that the only penalty to which 
 such men were liable, was a forfeiture of one third of one 
 day's pay, being the sum of five shillings Pennsylvania cur- 
 rency; and this is inflicted under one of the rules for the reg- 
 ulation of the members' conduct. 
 
 Mr. Robinson. I believe, Sir, that punishment is not in 
 our power, nor can we compel their presence, so that we have 
 nothing left but to adjourn; but before this I would wish to 
 
The Sergeant Sent After Members. 63 
 
 make a few observations. This House, Sir, have this after- 
 noon agreed to call a convention of the people of this State,' 
 in order to deliberate upon a new form of confederation. I 
 would remark, that this business is not of such a nature as to 
 require a law to carry it into effect, it being merely to lay 
 down the mode by which the citizens may proceed in their 
 choice in a manner best suited to their convenience. This 
 business, Sir, is of that important nature to all the citizens 
 of the United States, that it must not be suffered to fail by 
 the secession of nineteen of your members — though sorry I 
 am that our journals are again to be stained by recording the 
 conduct of an unmanly minority. But passing this over, I 
 think there will be a propriety of meeting again, and under 
 our respective signatures recommend this measure to our con- 
 stituents. Fully impressed with the idea of its importance 
 and necessity, I cannot but strongly recommend its adoption, 
 and leave these men to suffer the stings of conscience, and 
 that contempt and displeasure of their constituents, which 
 they have drawn upon themselves. 
 
 Adjourned until to-morrow half past nine. 
 
 Saturday^ September .?p, A. M. 
 
 Mr. Speaker took the chair, and on calling over the roll, it 
 appeared there were but forty-four members present; namely, 
 all those who appeared yesterday, but Mr. Robert Brown 
 FROM Northampton, who has now withdrawn himself. 
 And by order, the Sergeant of Arms, accompanied by the 
 assistant clerk, was dispatched in pursuit of the seceding 
 members. But first Mr. G. Clymer presented to the chair the 
 unanimous resolution of Congress, which he said had been 
 agreed to yesterday, and was forwarded by Mr. Bingham to 
 him express, having chosen this mode in preference to the 
 ordinary conveyance by post. Whereupon, 
 
 The following resolution was read, and sent by the assis- 
 tant clerk to the seceding members, (as was observed by the 
 Speaker,) in order to remove that objection, which they had 
 taken yesterday against the measure. 
 
64 The Convention Called. 
 
 Thb United States in Congress Assembled. 
 
 Friday, i>eptember 28, ijSj. 
 
 Present — New Hampshire, Massachusetts, Connecticut, New York, New 
 Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 
 and Georgia, and from Maryland, Mr. Ross. 
 
 Congress having received the report of the Convention lately assem- 
 bled in Philadelphia, 
 
 Resolved unanimonsly, That the said report, with the resolution and let- 
 ter accompanying the same, be transmitted to the several legislatures, in 
 order to be submitted to a convention of delegates, chosen in each State, by 
 the people thereof, in conformity to the resolves of the convention, made 
 and provided in that case. CHARLES THOMSON, Secretary. 
 
 The Speaker left the chair, and in a few minutes Mr. 
 James M'Calmont and Mr. Jacob Miley entered the house. 
 The Speaker resumed the chair, and the roll was called, 
 when the following gentlemen answered to their names : 
 From the City of Philadelphia — Messrs. Will, Morris, Fits- 
 
 sitnons, G. Clymer, and Hiltzeimer. 
 From the county of Philadelphia — Messrs. Gray, Robinson, 
 
 Salter and Logan. 
 From Bucks — Messrs. Foulke, Wynkoop, Chapman and Upp. 
 From Chester — Messrs. J. Moore, Willing, Thomas, Ralston, 
 
 Evans, and Wheelen. 
 From Lancaster — Messrs. Lowry, Hubley, Carpenter, Work, 
 
 Ross, and Clemson. 
 From York — Messrs. M^ Conaghy, Schmyser, M'' Clellan, and 
 
 Lilley. 
 From Cumberland — none. 
 
 From Berks — Messrs. /. Hiester, Davis, and D. Clymer. 
 From Northampton — Messrs. Trexler, and Burkhalter. 
 From Bedford — Mr. Cannon. 
 From Northumberland — NONE. 
 From Westmoreland — Mr. Brackenridge. 
 From Washington — none. 
 From Fayette — none. 
 From Franklin — Mr. J/' Calmont. 
 From Montgomery— Messrs. /. Wheeler, C. Moore, Hockley., 
 
 and Risse. 
 From Dauphin — Messrs. F. Miley, and Carson. 
 
Af Calmont Complains of Violence. 65 
 
 ^eing 45, and with the Speaker 46, the number which 
 constitutes a quorum. 
 
 After reading over the minutes of yesterday. 
 
 Mr. Hockley presented a petition and memorial from forty- 
 three inhabitants of the county of Montgomery, desiring the 
 house would take the necessary measures to have a conven- 
 tion of the people assembled as speedily as possible. 
 
 Which was read, and ordered to lie on the table. 
 
 The Committee appointed to select such business from the 
 files of the House, as would be proper to recommend to the 
 attention of the succeeding General Assembly, made report, 
 which was also read, and ordered to lie on the table. 
 
 Mr. M' Calmont informed the house, that he had been 
 forcibly brought into the assembly room, contrary to his 
 wishes, this morning by a number of the citizens, whom he 
 did not know, and that therefore, he begged he might be 
 dismissed the house. 
 
 Mr. Lowry. I hope, as the gentleman says, he was forci- 
 bly brought, he will give some reason why force was neces- 
 sary to make him do his duty; and what reason can he give 
 now he is here, that should induce us to part with him again? 
 Surely his being brought by force and against his wishes, is 
 not a reason that he should be suffered to go off again. 
 
 Mr. Fitzsimons would be glad to know, if any member of 
 the house was guilty of forcing the gentleman from the de- 
 termination of absenting himself; if there was, he thought 
 it necessary that the house mark such conduct with their 
 disapprobation. But we are to consider. Sir, that the mem- 
 ber is now here, and that the business of the State cannot be 
 accomplished, if any one is suffered to withdraw: from which 
 consideration I conclude, it will be extremely improper for 
 any member to leave this house, until the laws and other 
 unfinished business, is completed. 
 
 Mr. Robinson. I believe my sentiments, Sir, are well 
 known on the subject of the new federal constitution, and I 
 yesterday declared my strong disapprobation of the conduct 
 of those members, who, by leaving the house, have forsaken 
 that obligation they owe their God, their country, and their 
 5 
 
66 The Convention Called. 
 
 conscience. But at the same time, that I decidedly condemn 
 their conduct, I would not wish to act by any means unfair, 
 in completing that business which they have neglected. No, 
 Sir, I consider that there are but forty-five members here, if 
 the gentleman is retained by compulsion. He cannot, Sir, 
 be detained against his will ; and if the member is so callous 
 as to refuse the calls of his country to do her service, and for- 
 sakes his duty, when much is required, he must stand re- 
 sponsible to his constituents, and to his God, and must suflFer 
 the general odium and reproach of every friend to decency or 
 order. But, Sir, we have no authority to confine him within 
 these walls ; if any gentlemen suppose so, they will find upon 
 a due consideration, that their opinion is not well founded. 
 If any improper method has been, used to bring him here, 
 and he is detained against his will, I do conceive we are not 
 a house. 
 
 Mr. Brackenridge. It may be a proper question for the 
 house to discuss, whether their oflacers by force have brought 
 this member here, or whether other members have by 
 violence compelled him. I suppose in either of these cases, 
 the house might have cognizance. But if the member has 
 been conducted by the citizens of Philadelphia to his seat in 
 the legislature, and they have not treated him with the re- 
 spect and veneration he deserves, it must lie with him to ob- 
 tain satisfaction, but not with us. The gentleman by 
 answering to his name, when the roll was called, acknowl- 
 edged himself present, and forms a part of the house. Well, 
 Sir, I conceive the question is, what is to be done now he is 
 here — for how he came here, can form no part of our enquiry. 
 Whether his friends brought him (and I should think they 
 could not be his enemies, who would compel him to do his 
 duty, and avoid wrong) I say. Sir, whether his friends 
 brought him, or by the influence of good advice persuaded 
 him to come, and he did come; or whether to ease his diffi- 
 culty in walking to this room, they brought him in a sedan 
 chair, or by whatever ways or means he introduced himself 
 among us, all we are to know, is, that he is here, and it 
 only remains for us to decide whether he shall have leave of 
 
Report of the Sergeant at Arms. 67 
 
 absence. Now, if the gentleman can show, that his life will 
 be endangered by staying with us (for I should think the loss 
 of health, on the present occasion, an insufficient reason) we 
 may grant him the indulgence he asks for, waiving the whole 
 story of his coming, I presume the house can immediately 
 decide whether he may retire or not. 
 
 Mr. M'Calmont. I desire that the rules may be read, and 
 I will agree to stand by the decision of the house. 
 
 The rules were read accordingly, and it appeared, that 
 every member who did not answer on calling the roll, should 
 pay two shillings and six pence, or, if there was not a quorum 
 without him, five shillings. 
 
 Mr. M'Calmont then rose from his place, and putting his 
 hand in his pocket took out some loose silver, and said. Well, 
 Sir, here is your five shillings to let me go. 
 
 This ludicrous circumstance occasioned a loud laugh in 
 the gallery. And the speaker told him, that the person who 
 had been appointed to receive the fines, was not in his place; 
 but if he was, the member ought not to pay it, as he had not 
 broke the rule, which declared those persons only finable, 
 who did not appear and answer to their names; he had done 
 both, and therefore might retain his money. 
 
 Mr. Fitzsimons hoped the member would not be dismissed; 
 for he thought no one man ought to be allowed to break up 
 the assembly of Pennsylvania, which could be done agree- 
 able to constitution only by the time expiring for which it 
 was chosen. 
 
 The Sergeant at Arms and assistant clerk had, by this time, 
 returned from hunting up the seceeding members, and ap- 
 pearing in the house, the clerk was examined at the bar, and 
 related as follows: 
 
 I went. Sir, in the pursuance of your order, with the Ser- 
 geant at Arms, in search of the absent members. First, Sir, 
 I went to Major Boyd's, and there saw Mr. Miley and Mr. 
 M'Calmont. I informed them that the Speaker and mem- 
 bers present had sent me for them, and showed them the 
 resolution of Congress. They told me in answer that they 
 would not attend. Before I got from that door I saw Col. 
 
68 The Convention Called. 
 
 Piper and some other member, who I do not recollect, at a 
 great distance. I went after them to the corner of Arch and 
 Sixth streets. I saw Mr. Barr and Mr. Findley, Col. Piper 
 and some other member, going toward Marke tstreet. Mr. 
 Findley looked round and saw me^ as I supposed^ for he 
 ' mended his pace. I followed Mr. Piper and Mr. Barr, who 
 kept on to Market street, and soon turned the corner — before 
 I got there. / lost sight of Mr. Findley., who I supposed had 
 got into some house. I went forward after Piper and Bar and 
 came up with them, and told them of the unanimous resolu- 
 tion of Congress, but they answered me in the same manner, 
 that they would not attend. From them I went to Mr. White- 
 hill's lodging, and saw a woman that I supposed to be the 
 maid of the house. She informed m,e that Mr. Whitehill was 
 upstairs; she went up, and staid some time, when she returned 
 and told me he was not at home. I saw also Mr. Clark and 
 Mr. M'Dowell in the street, and Mr. M'Dowell told me he 
 would consider of the matter, and he would do what he 
 thought just. I saw Mr. Mitchell at Mr. Whitehill's lodging, 
 and he said he would not attend. Mr. Dale and Mr. Antis I 
 found at their lodgings, and Mr. Dale told me he would not 
 attend. Mr. Antis said this resolution of Congress had not 
 come officially, and therefore he would not attend. 
 
 D. Clymer asked if Mr. M'Calmont had oifered any excuse 
 when he was desired to attend? 
 
 Clerk. No, he said he had heard of the resolution of Con- 
 gress, but he would not attend. 
 
 Thus ended the report of the clerk. 
 
 Mr. lyogan entered into a long detail of the benefits and 
 advantages which would result from the adoption of the pro- 
 posed confederation, when several of the members desired he 
 would confine himself to the question. He went on to remark 
 that the member was a part of the house, he had answered to 
 his name, and after this it lay entirely with the house whether 
 they would dismiss him or no. 
 
 Mr. Robinson. I do not conceive the question to be 
 whether he shall be dismissed or not; but as the doors are 
 open he may go out, and if he does he is only responsible to 
 
Debate on Detaining M"' Calmont.. 69 
 
 his constituents for his conduct. I conceive he cannot be 
 detained as in prison, and it rests with the gentleman whether 
 he will stay or not. 
 
 Mr. Wynkoop expressed some amaze at the argument of 
 the gentleman. The member, Mr. M' Calmont, had sworn to 
 do the duties he was delegated to; there had been nothing of 
 force in that, and he should not for his part think himself at 
 liberty to withdraw until the business was completed, nor 
 could he think any member ought. He would call on the 
 gentleman to assign his reasons for absconding from his duty 
 at the bar of the house, where he might be heard as to his 
 complaint; but the house could not be formed without him. 
 
 Mr. M' Calmont replied he was not to be called to the bar 
 of this house, he had to answer for his conduct at another bar. 
 
 Mr. D. Clymer was of opinion the member was within the 
 power of the house by being present, and instanced the case 
 of General Ganfell, who was arrested by the sheriff's officers 
 in a protected place. The determination of the judges was 
 that as he was taken, he should be confined until the debt 
 was paid, though he had his action for damages against the 
 officers who had broken the law of the realm in arresting 
 him. So he was for punishing every person who had ill- 
 treated the gentleman; however faulty his conduct was, it be- 
 longed not to individuals to punish, that was to be left to the 
 judges, who, no doubt, will see the law properly executed. 
 
 Mr. Fitzsimons was a friend to good order and decorum, 
 but he believed the gentleman's complaint was not to be 
 redressed by the house. The member himself had trespassed, 
 may be inadvertedly, since he had taken his seat. He had 
 perhaps offered the greatest indignity .to the legislature of 
 Pennsylvania, which could be offered. He has. Sir, tendered 
 you a fine of five shillings in order to be permitted to destroy 
 the business, if not the good government of the State. On 
 this. Sir, I will make no reflection; the member is now here, 
 and we may determine that he shall stay, not only on consti- 
 tutional ground, but from the law of nature, that will not 
 suffer any body to destroy its own existence prematurely. 
 
 Mr. Robinson. The question, Sir, is whether the member 
 
70 The Convention Called. 
 
 shall have leave of absence. Now suppose the house deter- 
 mine that he shall not, and yet he should attempt to with- 
 draw. Certainly you will not lock your doors. (Mr. Fitz- 
 simons interrupted with, Yes, Sir, if no other method could 
 retain him.) 
 
 This can't be proper, Sir, for it appears to me inconsistent 
 with the rules of every house to return a person as a membei 
 by compulsion. With respect to calling a convention, I ap- 
 prehend the recommendation of forty-four members will have 
 as good effect as if the consent of that gentleman was ob- 
 tained; for the citizens of Pennsylvania will not lose their 
 rights or liberty because nineteen members absconded this 
 house. But, Sir, I can't admit the idea that there is a house 
 while the member declares he is retained by compulsion, but 
 as long as he answers to his name and keeps his seat there 
 surely is a house. 
 
 D. Clymer would ask if the power to refuse leave of absence 
 did not imply a power to detain the person, and whether in 
 that case, if it was necessary to lock the doors, the house 
 would not be justifiable? An anecdote had occurred to him 
 which he would wish to communicate, though somewhat for- 
 eign. It was remarkable that three years back from yester- 
 day^ a similar session had taken place; the same number of 
 ■members^ namely nineteen^ had then absconded^ and there was 
 the same number of laws ready to be compared at the table. 
 
 Mr. G. Clymer was decidedly of opinion, even had not the 
 gentleman submitted himself to the decision of the house, 
 that they were competent to use measures to compel his stay. 
 
 The Speaker now stated the question. 
 
 Mr. Robinson had all along agreed that the member was 
 in the power of the house, after answering to his name — but 
 he had supposed him to be held by compulsion, and if so, 
 then they were not a house. 
 
 Mr. M'Calmont now rose and made towards the door. Mr. 
 Fitzsimons addressed him, but so as not to be heard; and the 
 gallery called out stop him, there being a number of citizens 
 at the door he went toward. The commotion subsided in a 
 few seconds, and Mr. M'Calmont returned to his seat to wait 
 the decision of the house. 
 
M'' Calmont not Excused. 71 
 
 Mr. Fitzsimons informed the Speaker that Mr. M' Calmont 
 had told him he had occasion to go out, and was willing to 
 go in company with the Sergeant at Arms; he thereupon 
 hoped the gentleman's wish might be complied with. 
 
 The Speaker put the question, Shall Mr. M' Calmont have 
 leave of absence? which was determined almost, if not quite, 
 unanimously in the negative. 
 
 The house now proceeded to compare and enact a number 
 of bills which were lying engrossed on the table. 
 
 On motion the house resumed the consideration of the un- 
 finished resolutions which were presented yesterday by Mr. 
 G. Clymer, when the one fixing the day for holding the elec- 
 tion of delegates to convention was read. 
 
 Mr. Brackenridge moved to insert the first Tuesday in 
 November to be the day throughout the State. 
 
 Mr. Wynkoop thought the last Tuesday in October would 
 allow sufficient time, but Mr. D. Clymer approved of the most 
 distant day. None of the gentlemen were anxious about the 
 week, and therefore agreed the question should be on the first 
 Tuesday in November. 
 
 Mr. M' Calmont thought this much too early, and moved 
 successively for the last Tuesday, the third Tuesday, and 
 second Tuesday in December, without being seconded. 
 
 The question was therefore taken on the first Tuesday in 
 November^ which was agreed to. 
 
 On appointing the place where the convention should sit, 
 it was proposed by Mr. M' Calmont to alter it from the city 
 of Philadelphia to Carlisle; but in this he was not seconded. 
 He then moved for Lancaster, and after some time was sec- 
 onded by Mr. Lowry. The yeas and nays were called by him 
 on this question, and are: 
 
 Yeas. Lowry, Hubley, Carpenter, Work, Ross, Clemson, 
 M'Conaghy, Schmyser, M'Clellan, J. Hiester, G. Hiester, 
 Cannon, M' Calmont, Miley, Carson— 15. 
 
 Nays. Will, Morris, Fitzsimons, Clymer, Hiltzeimer, 
 Gray, Robinson, Salter, lyogan, Foulke, Wynkoop, Chapman, 
 Upp, Moore, Willing, Ralston, Evans, Thomas, Wheelen, 
 Lilley, Kreemer, Davis, D. Clymer, Trexler, Burkhalter, 
 Brackenridge, Moore, Wheeler, Hockley and Risse— 30. 
 
72 The Convention Called. 
 
 So it was determined in the negative, and afterward the 
 resolution was agreed to as it stood. 
 
 Mr. G. Clymer now moved to insert these words in the 
 preamble: "And whereas Congress on Friday, the twenty- 
 eighth instant, did unanimously resolve that the said consti- 
 tiition be transmitted to the several legislatures of the States 
 to the intent aforesaid. ' ' Which was accordingly done. 
 The resolutions were finally passed in the following form : 
 
 Whereas, the Convention of Deputies from the several States composing 
 the tinion, lately held in this city, have published a constitution for the fu- 
 ture government of the United States, to be submitted to conventions of 
 deputies chosen in each State by the people thereof, under the recommenda- 
 tion of its legislature, for their assent and ratification; and. 
 
 Whereas, Congress, on Friday, the 28th inst., did unanimously resolve 
 that the said constitution be transmitted to the several legislatures of the 
 States to the intent aforesaid; and, 
 
 Whereas, it is the sense of great numbers of the good people of this State, 
 already signified in petitions and declarations to this house, that the earliest 
 steps should be taken to assemble a convention within the State, for the pur- 
 pose of deliberating and determining on the said constitution, 
 
 Resolved, That it be recommended to such of the inhabitants of the State 
 as are entitled to vote for representatives to the general assembly, that they 
 choose suitable persons to serve as deputies in a State convention, for the 
 purpose hereinbefore mentioned, that is, for the city of Philadelphia and 
 the counties respectively, the same number of deputies that each is entitled 
 to of representatives in the general assembly. 
 
 Resolved, That the elections for deputies as aforesaid, be held at the sev- 
 eral places in the said city and counties as are fixed by law for holding the 
 elections of representatives to the general assembly, and that the same be 
 conducted by the officers who conduct the said elections of representatives, 
 and agreeably to the rules and regulations thereof; and that the election of 
 depvities as aforesaid, shall be held for the city of Philadelphia, and the sev- 
 eral counties of this State, on the first Tuesday of November next. 
 
 Resolved, That the persons so elected to serve in convention shall assem- 
 ble on the third Tuesday of November, at the State House in the city of 
 Philadelphia. 
 
 Resolved, That the proposition submitted to this house by the deputies of 
 Pennsylvania in the general convention of the States, of ceding to the United 
 States a district of country within this State for the seat of the general gov- 
 ernment, and for the exclusive legislation of Congress, be particularly re- 
 commended to the consideration of the convention. 
 
 Resolved, That it be recommended to the succeeding house of assembly 
 to make the same allowance to the attending members of the convention as 
 is made to the members of the general assembly, and also to provide for the 
 extraordinary expenses which may be incurred by holding the said elec- 
 tions.* 
 
 *Prom the Minutes of the Assembly. 
 
Address of the Minority of the Assembly. 73 
 
 The sixteen seceding members attempted to justify their 
 conduct, and issued the following address to their constitu- 
 ents: 
 
 An Address of the subscribers, members of the i.ate 
 House of Representatives of the Commonwealth 
 OF Pennsylvania, to their constituents.* 
 Gentlemen: When in consequence of your suflfrages at 
 the late election we were chosen to represent you in the gen- 
 eral assembly of this commonwealth, we accepted of the im- 
 portant trust with a determination to execute it in the best 
 manner we were able; and we flatter ourselves we have acted 
 in such a manner as to convince you, that your interest, with 
 that of the good of the State, has been the object of our 
 measures. 
 
 During the fall and spring sessions of the legislature on the 
 recommendation of the Congress of the United States your 
 representatives proceeded to the appointment of delegates to 
 attend a convention to be held in the city of Philadelphia, for 
 the purposes of revising and amending the present articles of 
 confederation, and to report their proceedings to Congress, 
 and when adopted by them, and ratified by the several States, 
 to become binding on them as part of the confederation of the 
 United States. We lamented at the time, that a majority of 
 our legislature appointed men to represent this State who 
 were all citizens of Philadelphia, none of them calculated to 
 represent the landed interest of Pennsylvania, and almost all 
 of them of one political party, men who have been uniformly 
 opposed to that constitution for which you have on every 
 occasion manifested your attachment. We were apprehen- 
 sive at the time of the ill-consequences of so partial a repre- 
 sentation, but all opposition was in vain. When the conven- 
 tion met, members from twelve States attended, and after 
 deliberating upwards of four months on the subject, agreed 
 on a plan of government which was sent forward by them to 
 Congress, and which was reported to the house by the dele- 
 gates of Pennsylvania as mere matter of information, and 
 
 *From the Pennsylvania Packet, Oct, 4tli, 1787. 
 
74 The Convention Called. 
 
 printed in the newspapers of the city of Philadelphia; but the 
 house had not received it officially from Congress, nor had we 
 the least idea that, as the annual election was so near, we 
 should be called upon to deliberate, much less to act on so 
 momentous a business; a business of the utmost importance 
 to you and your posterity. We conceived it required the 
 most minute examination and mature consideration, and that 
 it ought to be taken up by the next house. Judge then of 
 our surprise on finding the last day but one in the sessions, a 
 member of the house who had been a delegate in the conven- 
 tion, without any previous notice or any intimation of his 
 intentions to the house, oflFer a resolution recommending the 
 calling a convention to consider of the proposed constitution 
 and to direct the electing members for the same, at so early a 
 period as the day of your annual election, thus attempting to 
 surprise you into a choice of members — to approve or disap- 
 prove of a constitution, which is to entail happiness or misery 
 forever, without giving time to the greatest part of the State 
 even to see, much less to examine, the plan of government. 
 Our duty to ourselves and our regard for your dearest in- 
 terests induced us to oppose the measure by every possible 
 argument that we could suggest at the time; but all our efforts 
 were insufficient even to produce a postponement until the 
 afternoon. We urged and urged in vain the constant prac- 
 tice of the house when any important business was to be 
 brought on, of giving previous notice and making it the order 
 of the day sometime beforehand; that no bill, however tri- 
 fling, was passed without three readings, and without this 
 formality which gave the members time and opportunity to 
 think on the subject; that the rules were adhered to so strictly, 
 that even the building of a bridge, or the laying out a road, 
 could not be determined on without this form; but this, the 
 most important of all matters, was to be done by surprise, 
 and as we conceived with design to preclude you from hav- 
 ing it in your power to deliberate on the subject. Our 
 anxiety for your interests was great, but notwithstanding the 
 firmest and most determined opposition, no respite could be 
 obtained, and the first resolution was adopted by a majority 
 
Address of the Minority of the Assembly. 75 
 
 of the house, when they adjourned till the afternoon to com- 
 plete the business. In these circumstances we had no alter- 
 native; we were under a necessity of either returning to the 
 house, and by our presence enabling them to call a conven- 
 tion before our constituents could have the means of informa- 
 tion, or time to deliberate on the subject, or by absenting 
 ourselves from the house, prevent the measure taking place. 
 Our regard for you induced us to prefer the latter, and we de- 
 termined not to attend in the afternoon. We conceived that 
 at the time we were chosen you had no view to this business, 
 and we could see no inconvenience nor loss of time from de- 
 ferring a matter of such importance, and which would in its 
 consequences aflFect or perhaps annihilate our own constitu- 
 tion, as well as that of every constitution in the union, to a 
 house chosen after the people had some knowledge of the 
 plan, especially as the next house will meet at so early a 
 period, and a convention could be called by them time 
 enough to meet in a few months, which would be as early as 
 any State in the union, and would be allowing you time to 
 make up your minds on a matter which appeared to us to re- 
 quire so much deliberation. Thus circumstanced and thus 
 influenced, we determined the next morning again to absent 
 ourselves from the house, when James M'Calmont, esq., a 
 member from Franklin, and Jacob Miley, esq., a member from 
 Dauphin, were seized by a number of citizens of Philadelphia, 
 who had collected together for that purpose, their lodgings 
 were violently broken open, their clothes torn, and after 
 much abuse and insult they were forcibly dragged through 
 the streets of Philadelphia to the State house, and there de- 
 tained by force, and in the presence of the majority, who had 
 the day before voted for the first of the proposed resolutions, 
 treated with the most insulting language; while the house so 
 formed proceeded to finish their resolutions, which they mean 
 to offer to you as the doings of the legislature of Pennsylva- 
 nia. On this outrageous proceeding we make no comment. 
 The inhabitants of Franklin and Dauphin have been grossly 
 insulted by the treatment of their members. We know the 
 feelings of the people of these counties are sufficiently keen ; 
 
76 The Convention Called. 
 
 it becomes us not to add to them by dwelling longer on the 
 subject; but as our conduct may, and we have no doubt will, 
 be misrepresented, we thought it our duty to lay before 
 our constituents, to whom alone we are accountable, a real 
 state of facts, that they may judge for themselves. We need 
 not tell you that we could have no interested motive to influ- 
 ence our conduct. A sense of that duty which we owed to 
 you and to ourselves could have alone induced us to submit 
 to the variety of abuse and insults which many of us have ex- 
 perienced for not consenting to a measure that might prob- 
 ably have surprised you into a surrender of your dearest 
 rights. Our conduct has at least had the good effect to 
 lengthen out the time of election, and induced them to post- 
 pone the election for members to the convention until the 
 first Tuesday in November next; whereas, the resolution first 
 proposed directed it to be holden for all the counties east of 
 Bedford on the day of the annual election, nine days from 
 the time of proposing the measure. 
 
 We cannot conclude without requesting you to turn your 
 serious attention to the government now offered to your con- 
 sideration : ' ' We are persuaded that a free and candid discus- 
 sion of any subject tends greatly to the improvement of know- 
 ledge, and that a matter in which the public are so deeply in- 
 terested cannot be too well understood. A good constitution 
 and government is a blessing from heaven, and the right of 
 posterity and mankind; suffer then we intreat 5'ou no inter- 
 ested motive, sinister view, or improper influence to direct 
 your determinations or bias your judgments." Provide 
 yourselves with the new constitution offered to you by the 
 convention, look it over with attention, that you be enabled 
 to think for yourselves. We confess when the legislature ap- 
 pointed delegates to attend the convention, our ideas ex- 
 tended no farther than a revision or amendment of the pre- 
 sent confederation, nor were our delegates, by the acts of as- 
 sembly appointing them, authorized to do more, as will ap- 
 pear by referring to the said act, the second section of which 
 describes their powers in the following words, viz. 
 
 "2. Be it enacted, and it is herebv enacted by the represen- 
 
Address of the Minority of the Assembly. 77 
 
 tatives of the freemen of the commonwealth of Pennsylvania 
 in general assembly met, and by the authority of the same. 
 That Thomas Mifflin, Robert Morris, George Clymer, Jared 
 Ingersoll, Thomas Fitzsimons, James Wilson and Gouverneur 
 Morris, Esquires, are hereby appointed deputies from this 
 State to meet in the convention of the deputies of the respec- 
 tive States of North America, to be held at the city of Phila- 
 delphia, on the second day of the month of May next. And 
 the said Thomas Mifflin, Robert Morris, George Clymer, 
 Jared Ingersoll, Thomas Fitzsimons, James Wilson and 
 Gouverneur Morris, Esquires, or any four of them, are hereby 
 constituted and appointed deputies from this State, with 
 powers to meet such deputies as may be appointed and 
 authorized by the other States to assemble in the said con- 
 vention at the city aforesaid, and to join with them in devis- 
 ing, deliberating on and discussing all such alterations and fur- 
 ther provisions as may be necessary to render the federal 
 constitution fully adequate to the exigencies of the union; 
 and in reporting such act or acts for that purpose, to the 
 United States in Congress assembled, as when agreed to by 
 them, and duty confirmed by the several States, will effect- 
 ually provide for the same. ' ' 
 
 You will therefore perceive that they had no authority 
 whatever from the legislature, to annihilate the present con- 
 federation and form a constitution entirely new, and in doing 
 which they have acted as mere individuals, not as the official 
 deputies of this commonwealth. If, however, after mature 
 deliberation, you are of opinion that the plan of government 
 which they have offered for your consideration is best calcu- 
 lated to promote your political happiness and preserve those 
 invaluable privileges you at present enjoy, you will no doubt 
 choose men to represent you in convention who will adopt it; 
 if you think otherwise, you will, with your usual firmness, 
 determine accordingly. 
 
 You have a right, and we have no doubt you will consider 
 whether or not you are in a situation to support the expense 
 of such a government as is now oflFered to you, as well as the 
 expense of your State government? or whether a legislature 
 
78 The Convention Called. 
 
 consisting of three branches, neither of them chosen annu- 
 ally, and that the senate, the most powerful, the members of 
 which are for six years, are likely to lessen your burthens or 
 increase your taxes? or whether in case your State govern- 
 ment should be annihilated, which will probably be the case, 
 or dwindle into a mere corporation, the continental govern- 
 ment will be competent to attend to your local concerns? 
 You can also best determine whether the power of levying 
 and imposing internal taxes at pleasure, will be of real use to 
 you or not? or whether a continental collector assisted by a 
 few faithful soldiers will be more eligible than your present 
 collectors of taxes? You will also in your deliberations on 
 this important business judge, whether the liberty of the 
 press may be considered as a blessing or a curse in a free gov- 
 ernment, and whether a declaration for the preservation of it 
 is necessary? or whether in a plan of government any decla- 
 ration of rights should be prefixed or inserted? You will be 
 able, likewise, to determine whether in a free government 
 there ought or ought not to be any provision against a stand- 
 ing army in time of peace? or whether the trial by jury in 
 civil causes is becoming dangerous and ought to be abol- 
 ished? and whether the judiciary of the United States is not 
 so constructed as to absorb and destroy the judiciaries of the 
 several States? You will also be able to judge whether such 
 inconveniencies have been experienced by the present mode 
 of trial between citizen and citizen of difierent States as to 
 render a continental court necessary for that purpose? or 
 whether there can be any real use in the appellate jurisdic- 
 tion with respect to fact as well as law? We shall not dwell 
 longer on the subject ; one thing however, it is proper you 
 should be informed of: the convention were not unanimous 
 with respect to men, though they were as States; several of 
 those who have signed did not fully approve of the plan of 
 government, and three of the members, viz. : Governor Ran- 
 dolph and Colonel George Mason, of Virginia, and Eldridge 
 Gerry, Esq., of Massachusetts, whose characters are very re- 
 spectable, had such strong objections as to refuse signing. 
 The confederation, no doubt, is defective, and requires 
 
Reply of Some of the Majority. 79 
 
 amendment and revision, and had the convention extended 
 their plan to the enabling the United States to regulate com- 
 merce, equalize the impost, collect it throughout the United 
 States, and have the entire juristiction over maritime affairs, 
 leaving the exercise of internal taxation to the separate 
 States, we apprehend there would have been no objection to 
 the plan of government. 
 
 The matter will be before you, and you will be able to 
 judge for yourselves. "Show that you seek not yourselves, 
 but the good of your country, and may He who alone has 
 dominion over the passions and understandings of men en- 
 lighten and direct you aright, that posterity may bless God 
 for the wisdom of their ancestors." 
 
 James M'Calmont, John Gilchrist, 
 
 Robert Clark, Abraham Smith, 
 
 Jacob Miley, Robert Whitehill, 
 
 Alexander Wright, David Mitchell, 
 
 John M'Dowell, John Piper, 
 
 John Flenniken, Samuel Dale, 
 
 James Allison, William Findley, 
 
 Theophilus Philips, James Barr. 
 
 Saturday^ Sept. 29, 1787. 
 
 To this address a dozen replies came forth immediately. 
 One was signed by six members of the Assembly, and ap- 
 peared in the Pennsylvania Packet for October 8. 
 
 Messrs. Dunlap and Claypoole. 
 
 Mr. Findley, Mr. Whitehill, and others, members of the 
 late General Assembly, making a disorderly secession from 
 the house, with intention to put an end to its deliberations 
 upon the subject of calling a State Convention, for the pur- 
 pose of considering the system offered for the general govern- 
 ment of the United States, they have, in a public address, 
 rested their justification on these two points: 
 
 ist. The irregularity of taking up the constitution framed 
 by the convention without the special permission of Con- 
 gress—the assembly having in the appointment of deputies 
 to the convention, proceeded but upon the recommendation of 
 Congress. 
 
8o The Convention Ccclled. 
 
 3d. The unfitness of the deputies appointed — the ad- 
 dressers lamenting at the time when the choice was made, 
 that they were all citizens of Philadelphia, and none of them 
 calculated to represent the landed interest of the State. 
 
 Having been also members of the house, and competent to 
 judge with respect to these points of justification, we beg 
 leave to state all the necessary facts concerning them for the 
 information of the public. 
 
 As to the first — on a communication of the proposition of 
 Virginia, for holding a general convention, a bill for the ap- 
 pointment of the deputies was reported by a committee, of 
 which Mr. Findley and Mr. Whitehill were members, and 
 passed into a law on the 30th of December last. The law, 
 as set forth in the preamble, stood upon ' ' Representations 
 of Congress heretofore made,'''' and on the proposition of 
 Virginia; but the special recommendation of Congress, to 
 send the deputies to the proposed convention, made no part 
 of the preamble — this recommendation not having passed 
 Congress until the 21st day of February following, when that 
 body, for the first time, recognized the convention. In the 
 next session, on the 28th of March, a supplementary law 
 passed the house; but its only object was to add another 
 deputy to the number already chosen, and its only reference 
 was to the original act. 
 
 As the representations of Congress spoken of in the pre- 
 amble to the law, of the first session, were only such as had 
 been frequently made of the weakness of the general govern- 
 ment, and of the necessity that arose of endowing it with 
 greater powers, but gave no special license to the States to 
 send deputies to the convention proposed by the State of Vir- 
 ginia, it follows that in the appointment of the deputies, the 
 assembly acted independently of Congress or of its recom- 
 mendation. It is in vain, for the reasons before mentioned, 
 that the addressers attempt, by a general reference to the 
 transactions of both sessions, to cover their assertion upon 
 this head — it is an artifice more unworthy than the most 
 naked falsehood. 
 
 As little can be said in support of the second, their disap- 
 
Reply of Some of the Majority. 8i 
 
 probation of the deputies, which a state of nominations and 
 votes will evince. The original intention of the house was 
 to send seven deputies, though afterwards that number was, 
 by the supplementary law, increased to eight. To supply 
 the seven places, twelve persons stood in nomination: they, 
 with the votes for each, were as follows: 
 
 *Jared Ingersoll, 6i; Charles Pettit, 25; *Robert Morris, 
 63; *George Clymer, 63; *Thomas MiflBin, 63; Thomas 
 M'Kean, 26; John Bayard, 25; *Thomas Fitzsimons, 37; 
 *James Wilson, 35; *Governeur Morris, 33; Benjamin Frank- 
 lin, 10; William Findley, 2. 
 
 Of whom those marked with an * were elected. 
 As to four of these persons, there appears from the votes to 
 have been a general agreement, 63 being the number com- 
 posing the house; so that no real controversy took place but 
 as to the remaining three. Between these opposite three 
 then must have have lain the question with the house, with 
 respect to the fitness to represent the landed interest; and for 
 this they might all have been fit, except in the circumstance 
 of city residence, the candidates generally holding consider- 
 able landed property within the State, the whole body of 
 candidates, Mr. Findley excepted, being inhabitants of Phila- 
 delphia; and as to that gentleman, the solitary nominee from 
 the country, he seems then, from the state of the votes, to 
 have been out of the question, which is the more extraordi- 
 nary, if, as the addressers must be understood, a country resi- 
 dence was indispensable to represent the landed interest of 
 the State. 
 
 But the truth is, that at the time of election no such lamen- 
 tation was made by the sixteen or any others that the candi- 
 dates were citizens of Philadelphia, or otherwise unqualified 
 to represent the landed interest; for it is well known, that 
 both Mr. Findley and Mr. Whitehill were of opinion that the 
 choice should be confined to the city of Philadelphia and its 
 neighborhood, as it would not be convenient for persons liv- 
 ing at a distance to attend a convention; the former declar- 
 ing a seat there would not suit him, which, perhaps, may ac- 
 count for the fewness of his votes. 
 6 
 
Sz The Convention Called. 
 
 This being the state of facts relating to these points, can 
 ■we suppose a depravation of mind equal to such impositions 
 and deceptions, or ought we not rather to suppose, in these 
 instances, that the addressers were not at the pains to read 
 what was prepared to their hands? 
 
 It is urged, in argument against the house, that the depu- 
 ties having exceeded the terms of their powers, the sys- 
 tem they agreed to ought not to be taken up. It is not easy 
 to determine to what the powers of the deputation from 
 Pennsylvania, and from the other States (for they are in the 
 same predicament), did really extend; but any argument 
 brought from an excess in the exercise of the powers against 
 the object of them cannot be that of good sense or integrity. 
 A man of understanding, or a good patriot, will examine 
 only whether or not the system actually offered is calculated 
 to better the condition of our country. Indeed one would 
 think, the system being no more than a proposition, which 
 none are bound to yield to, though all ought to consider, that 
 the convention have not reallj'^ transgressed their powers: 
 they certainly might make whatever propositions they pleased. 
 
 The addressers resent the harsh treatment of the house to 
 the two of their body who were forced back to their seats, by 
 some of the citizens from without. They suffered no such 
 treatment; on the contrary, the house showed a wonderful 
 good temper on so provoking an occasion. When a misde- 
 meanor had been committed of a kind which, though it has 
 hitherto escaped even the slightest punishment, is deserving 
 of the highest. When the addressers had by their conduct 
 violated the first condition of all political society, which 
 obliges the few to give way to the many. When they had 
 offended in the double capacity of citizens of the United 
 States and of Pennsylvania, in setting a dangerous example 
 of riot and turbulence to the continent; and, as much as lay 
 in their feeble means, attempting to dissolve the government 
 under which they live. 
 
 William Will, Jacob Hiltzheimer, 
 
 Thomas Fitzsimons, Daniel Clymer, 
 
 George Clymer, William Robinson, Junr. 
 
A Mock Protest. 83 
 
 Dr. Franklin's not having been chosen at the first elec- 
 tion, was owing to a misunderstanding among the members 
 . with respect to his willingness to serve; but on better infor- 
 mation, in the next session, it was the unanimous desire of 
 the house that he should be added, which gave occasion to 
 the supplementary law. 
 
 Philadelphia, October 6, 1787. 
 
 Another was a mock protest entitled: 
 The Protest of the Minority, who objected to call- 
 ing A CONVENTION FOR THE PURPOSE OF ADOPTING THE 
 FEDERAL CONSTITUTION. * 
 Dissentient. 
 
 1. Because, by the diminution of the power of the State of 
 Pennsylvania, we shall have fewer officers and smaller sala- 
 ries to bestow upon our friends. 
 
 2. Because, like the declaration of independence, the meas- 
 ure, if a right one, is premature. 
 
 3. Because the new federal constitution puts an end to all 
 future emissions of paper money, and to tender laws, to both 
 of which many of us owe our fortunes, and all of us our pros- 
 pects of extrication from debt and exemption from gaol, or 
 the benefit of the bankrupt law. 
 
 4. Because, by the new constitution of the United States, 
 we shall be compelled to pay our taxes . . . whereas we now 
 pay nothing towards the support of the government, and yet 
 are handsomely supported out of the State treasury. 
 
 5. Because, the new constitution was not submitted to the 
 consideration of the anti-federal junto in Philadelphia, before 
 it was sent to Congress, to each individual whereof America 
 is under greater obligations than to General Washington. 
 
 6. Because, by the 6th section of the ist article of the Con- 
 stitution of the United States, it is made impossible for per- 
 sons in power to create offices for themselves, or to appoint 
 themselves to office. This we conceive to be an evident de- 
 parture from the free and excellent constitution of Pennsyl- 
 vania, by which it is lawful for assemblymen and councillors 
 
 * Penasylvania Gazette, Oct. 3, 1787. 
 
84 The Convention Called. 
 
 to appoint themselves or their sons to all, or to any of the 
 ofEces of the State. 
 
 7. Because a disaffected member of the federal convention 
 from Virginia, in a closet conversation with R. Whitehill, 
 disapproved of the federal government, and we hold it to be 
 our duty rather to follow his advice, than the inclinations of 
 our constituents. 
 
 8. Because, from the power claimed by the new constitu- 
 tion. Congress will have a right to suppress all "domestic 
 insurrections ' ' in particular States, by which means we shall 
 be deprived of the only means of opposing the laws of this 
 State, especially laws for collecting taxes. 
 
 F y, W 11 & Co., Major B d's cellar, Sept. 29, 
 
 1787. 
 
 A local poet furnished the following : 
 
 Duetto.* 
 Sung by W — h-11 and P — dl-y, accompanied by G — e B — n with a Vio- 
 lincelo.— Tune Darby, in the Poor Soldier. 
 
 I. 
 Though rascals and rogues they may call, 
 
 Right toll loll, etc. 
 Yet now we may laugh at them all ; 
 
 Right, etc. 
 ' Twas well we escaped with whole bones, 
 
 Right, etc. 
 For we merited horsewhips and stones, 
 Right, etc. 
 
 2. 
 In troth we have cut no great dash, 
 
 Right, etc. 
 Run aw^y and not compass the cash. 
 
 Right, etc. 
 I am sure 'twas a damnable shame, 
 
 Right, etc. 
 But on fear we may lay all the blame. 
 Right, etc. 
 
 3- 
 They may call us the glorious sixteen, 
 
 Right, etc. 
 Such glory I wish I'd not seen ; 
 
 Right, etc. 
 
 * Independent Gazetteer, Oct. 5. 1787. 
 
Address of ' '■Independent Citizen. ' ' 85 
 
 For of all rogues the greatest we are 
 
 Eight, etc. 
 That ever smelt feathers and tar, 
 
 Right, etc. 
 
 4- 
 Then quietly let us jog on. 
 
 Right, etc. 
 Drink in comfort our whisky grog strong. 
 
 Right, etc. 
 Rejoice that we 'scaped without evU, 
 
 Right, etc. 
 And go as we ought to the devil. 
 
 Right, etc. 
 
 But more serious addresses were called forth, of which the 
 following were the most important : 
 
 Fellow Citizens:* 
 
 Upon perusing the address of sixteen of the seceding 
 members of the late General Assembly to their constituents, 
 I was much surprised to find, that they had so far lost all 
 sense of their own dignity, as representatives of a free people, 
 as basely to assert what I am informed are absolute false- 
 hoods with respect to the conduct of those citizens, who did 
 them the honor to conduct them to that house. The manner 
 in which they endeavored to interest the feelings of their 
 constituents in the supposed insults offered, and fancied 
 wrongs done them, must convince every impartial mind, that 
 they were aware of the impropriety of their own conduct, and 
 fearful lest the good sense of their constituents should doom 
 them to future neglect if a true state of facts should reach 
 them. They knew full well that first impressions are, gen- 
 erally, the strongest, and that injuries or insults offered the 
 representatives of any part of the community, could not but 
 deeply interest that part in their favor — they knew these 
 things, and they wisely determined to be beforehand with 
 their opponents. 
 
 But let us candidly examine into the conduct of both par- 
 ties in this affair, and let us not fear to censure where blame 
 is due. What were the reasons which induced the seceding 
 
 ♦Independent Gazetteer, Oct. 9, 1787. 
 
86 The Convention Called. 
 
 members to swerve from that duty which they owed their 
 constituents — from that duty which they owed themselves. 
 
 The first grievance which they complain of is, that there 
 were no country members in the delegation of this State to 
 the late convention. What occasioned this circumstance I 
 presume not to say, although I have no doubt that the house 
 by which they were appointed had ample reason for this part 
 of their conduct, and such reason as would be perfectly satis- 
 factory to the State at large. Their next complaint appears 
 ■ to be, that the House of Assembly did not wait for Congress 
 officially to recommend to them the calling of a convention 
 upon this great and truly interesting occasion ; but they are 
 not candid enough to mention, that an express arrived to 
 them from that body (whilst that very business was yet be- 
 fore them) earnestly recommending the very mode of con- 
 ducting this important aifair which the assembly had had in 
 contemplation, and which they have since adopted. From 
 this statement of the case, our representatives in the General 
 Assembly do not appear to have acted improperly, and the 
 progress they had made in the business before they were offi- 
 cially called upon, is rather deserving of praise than censure; 
 for it shows that they attended to the call of duty, without 
 reflecting whether it might turn to their private emolument 
 or not. 
 
 What good coiild have resulted from delay, or why should 
 a calling of a convention require so much deliberation? No 
 good I am bold to say could have been derived from the post- 
 ponement, but much evil might have resulted from such a 
 measure — and certainly no one will hesitate to say that the 
 representatives of a people convened for the express purpose 
 of examining a constitution proposed for the acceptance or 
 refusal of the citizens of the United States, will be fully com- 
 petent to the task assigned them, and be as much possessed 
 of the confidence of their constituents as any assembly, which 
 they might choose at any future day. But is it not probable 
 that the seceding members might have had something else in 
 view which they wished to give the appearance of public 
 good ? As an individual I must acknowledge that I think 
 
Address of '•'• Independent Citizen.'''' 87 
 
 they had, and I fully believe that every candid man, and 
 every impartial observer of public transactions and party 
 cabals, will join me in this acknowledgment. For it is too 
 evident from the meeting of the junto at a certain clergy- 
 man's house in the neighborhood of the university, as well 
 as from the frequent passings of one of the judges of the su- 
 preme court from that house to the lodgings of Mr. W , 
 
 not long since, when Sunday's dinner was given by that 
 clergyman to a chosen few, that private interest was deeply 
 concerned in the decision, and that a scheme was laid to im- 
 pose upon our fellow citizens in the back as well as neighbor- 
 ing counties, that by sowing dissensions amongst us, they 
 may save from deserved censure and disgrace, those poor tools 
 who had shown themselves ready to encounter the displeasure 
 of all good men, to forward the sinister views and wicked 
 designs of a wretched faction. 
 
 After much pretended regard for your interests (which by 
 the bye is a convenient cloak for their ruinous, and I may 
 add, detestable schemes) they wish to excuse their conduct in 
 attempting to break up the house, at this important crisis, by 
 asserting that they had no alternative left, that they must 
 either abandon your interests or break up the house. But 
 how would they sacrifice your interests by calling of a con- 
 vention? It is true, that they are conceited enough to 
 imagine, that you are not able to form a judgment without 
 their assistance ; and they treat you like children who must 
 be closely watched, to prevent them from injuring them- 
 selves ; at the same time, they do not neglect this opportu- 
 nity of filling your ears with complaints against the citizens 
 of Philadelphia, for injuries and insults offered you, as they 
 pretend, through them your representatives. But the fact 
 appears very different from what they have stated it to every 
 impartial mind, and I have not the least doubt but that you 
 will judge, upon calmly considering the action which hath 
 excited their spleen, that the persons complained against by 
 them, were induced by motives of necessity, and public good 
 to exert themselves in bringing your servants as well as theirs, 
 to that duty from which they had disgracefully absconded. 
 
88 The Convention Called. 
 
 They wish to prejudice you also against the house of assem- 
 bly, by representing their conduct as illegal, and of course 
 insinuating, that you ought not to consider yourselves bound 
 by their resolves for calling a convention. They must cer- 
 tainly have thought differently upon this subject, or at least 
 those two who were conducted to that house, and who have 
 joined in the address to you ; for they made motions and pro- 
 posed alterations in the same manner as they would have 
 done, if they had considered that house, as it most certainly 
 was, legally and constitutionally formed. 
 
 Shortly after they discover a little more of their true senti- 
 ments, and throwing off the mask, which they have worn too 
 long for your good, discover themselves to be much opposed, 
 nay utterly averse, to the constitution proposed by the con- 
 vention. And in declaring the delegates from this state no 
 ways authorized to accede to the constitution proposed, by 
 the act of assembly in which they were appointed, they inju- 
 diciously point out what they would wish to conceal and 
 discover as the author of their piece and as their prime mover 
 and adviser upon all occasions, an hackneyed attorney, and 
 an unnecessary judge. 
 
 lyittle do their constituents imagine that they are paying 
 men to answer private purposes, and that the alarm which is 
 sounded arises to seceding members from their fears that the 
 offices under this commonwealth will be made less lucrative, 
 and, instead of being confined to one party, will be more re- 
 gularly diffused through the community. They fear lest 
 their particular friends in this city, by being found unworthy 
 of the posts they fill, should no longer eat the bread of idle- 
 ness or riot in the spoils of their fellow-citizens; and that the 
 Trenton hero, who mistook the march of his battalion, and 
 claimed the place of vendue-master of this city, in a long 
 parade of imaginary services rendered the state, should no 
 longer fill offices for which he is totally unqualified. 
 
 They also fear for the descendants of their masters, and they 
 lament that the great man in embryo, whose strut has long 
 since announced his self-importance, will no longer have an 
 opportunity of occasioning to disappear from the files of the 
 
Pelatiah Webster's Pamphlet. 89 
 
 house, such papers, as like the petition or rather demaud of 
 the Trenton hero, show their authors in their proper colors as 
 vain, as useless, and as ignorant tools. 
 
 They declare themselves apprehensive that the constitu- 
 tion of this State should dwindle into a corporation, and 
 that the Congress of the United States should levy contribu- 
 tions by an armed force, instead of collecting taxes by muni- 
 cipal officers. What part of the constitution offered to you 
 gives them such a power? I am bold to say that there is no 
 part, and that they have not the slightest apprehension of the 
 kind. The fear that paper money, that engine of oppres- 
 sion, should be banished the land, and that honest industry 
 should rise superior to fraud and deceit, makes them anxious 
 of reserving the power within their own hands of defrauding 
 the widow and the orphan, and of keeping persons better 
 principled than themselves, within the humble limits in 
 which they had rather move than rise to power and to wealth 
 by disreputable means. The concluding prayer, I will ven- 
 ture to assume, as I am sure that if that is attended to, they 
 will forever be neglected. "Show that you seek not your- 
 selves, but the good of your country, and may He alone, who 
 has dominion over the passions and understandings of men, 
 enlighten and direct you aright, that posterity may bless God 
 for the wisdom of their ancestors." 
 
 An Independent Citizen. 
 
 The Independent Citizen, following the custom then in 
 vogue, never made known his name. But another citizen, 
 quite as independent, who replied to the address of the dis- 
 contented sixteen, thought his work good enough to own and 
 republish after the constitution had been adopted, and the 
 "new roof" firmly set up. He was Pelatiah Webster, well 
 known for his essays on Free Trade and Finance, and his 
 pamphlet he called : Remarks* on THE Address of Six- 
 
 * These remarks were printed in pamptlet form by Eleazer Oswald. 
 They were subsequently included in a volume of Essays Mr. Webster pub- 
 lished in 179- and to them he then appended the following note : 
 
 ' ' When the new constitution was laid before the Assembly of Pennsylvania, 
 in September, 1787, a resolution passed the House (forty-three against nine- 
 
go . The Convention Called. 
 
 TEEN Members of the Assembly of Pennsylvania to 
 
 THEIR constituents, DATED SEPTEMBER 29, 1 787. WiTH 
 SOME STRICTURES ON THEIR OBJECTIONS TO THE CONSTITU- 
 TION RECOMMENDED BY THE LATE FEDERAL CONVENTION. 
 
 1. The sixteen members, as appears by their own showing, 
 are a minority of the assembly, belonging to a party which 
 is strongly overruled by a great majorty of the house, and 
 very much out of humor. 
 
 2. They were duly appointed members of the assembly, 
 had accepted the trusty and were solemnly sworn to discharge 
 the duties of i'l faithfully and to the best of their abilities. 
 
 3. That at a crisis of great importance in the assembly, 
 they deserted their station^ abdicated their duty^ and refused 
 their attendance in the house, with the most explicit and 
 avowed intention to put an absolute stop to any business of 
 the house, which was a contrivance not only mean and infa- 
 mous^ a trick below the dignity of members of that house, 
 but ruinous to the public councils^ and might in effect annihi- 
 late the assembly itself; for our constitution requires two- 
 thirds of the members elected to make a quorum of the house, 
 and of course if every member elected was in the house 
 (which very rarely happens), a minority of one more than a 
 third, or (as very frequently happens, where a bare quorum, 
 or perhaps two or three more, attend in the house) one single 
 member, or at most three or four, by deserting the house, 
 
 teen) to call a convention to consider it, etc. Sixteen of the dissentients 
 published an address to their constituents, dated September 2^ , 1787, stating 
 their conduct, and assigning the reasons of it ; but as there was very little 
 in all this affair that reflected much honor on the dissenting members or on 
 the State to which they belonged, and nothing that could affect or concern 
 anybody out of that State, I have here omitted my remarks on all of it, but 
 their objections to the new constitution itself, which being of general conse- 
 quence to the States, inasmuch as that constitution (with a few amendments 
 since adopted) is the same which now exists in full establishment through 
 the Union, I therefore here insert, I say, their objections and my remarks on 
 them, and leave out all the rest as matter of local concern at that time, but 
 like to be little interesting to the public in general at this or any future 
 time." 
 
 A copy of the original pamphlet is in the Boston Athenaeum, and the 
 librarian, Mr. Cutter, has kindly had copied the portions omitted in the col- 
 lected Essays, and has collated the text with the original. 
 
Pelatiah Webster' s Pamphlet. 91 
 
 might leave less than a quorum behind, and of course render 
 them incapable of doing business; this might be continued 
 through the year, which would in effect annihilate the house, 
 and of course the whole State would be deprived of all benefits 
 from their assembly. 
 
 Had our sixteen members attended their duty in the house, 
 they might by their arguments have convinced their oppon- 
 ents, or might by the reasoning of their opponents have been 
 themselves convinced, or might at least have obtained some 
 valuable amendment; which is a benefit they claim the honor 
 of, though only two of them attended the house, when the 
 amendment was made. 
 
 4. It further appears by their own showing that two of 
 their number -^^x^ forcibly dragged to the assembly, and there 
 detained by force., i. e. they were compelled by force to attend 
 their place and duty in the assembly, and were not suffered 
 to run away again, till their duty was done. That they re- 
 ceived any other force, insult or dragging, than a simple com- 
 pulsion to attend their duty, I suppose is not true; but this I 
 allow to be a considerable dishonor, and a very trying morti- 
 fication; for it is certainly very dishonorable and insulting to a 
 dignified character to be publicly y&r^-^^ along the streets., and 
 compelled to attend on that duty, which honor and character 
 ought to induce him to do voluntarily without any force at all. 
 
 However, I conceive the dishonor in this case does not con- 
 sist in the force and insult offered by the citizens to the 
 deserting members, so much as in the demonstration which 
 the circumstance affords, that their own internal honor and 
 sense of character was not sufficient to induce them to do 
 their duty without the assistance of some external compul- 
 sion. 
 
 Whether compelling people to do their duty is a breach of 
 peace and violation of law, must be left to the proper court to 
 determine; but I conceive that it can never be deemed a 
 damage to any man to be compelled to do his duty, and of 
 consequence no damages can be given in such a case. 
 
 This was not the first time that the same party availed 
 themselves of this fatal artifice, to obstruct the business of 
 
93 The Convention Called. 
 
 the assembly, and compel the house to break up, and leave 
 much very important business unfinished; and our citizens 
 were determined not to suffer the like again, and the exer- 
 tions of private citizens became in a manner necessary, foras- 
 much as our constitution provides no remedy against such an 
 intolerable abuse of the public trust and confidence. I per- 
 ceive that the framers of our constitution never once imag- 
 ined that members of a Pennsylvania assembly could ever be 
 guilty of such scandalous artifice, and, therefore, thought it 
 needless to insult and wound the honorable feelings of their 
 constituents by any provision or remedies against such pitiful 
 tricks. 
 
 But all this notwithstanding, it is possible perhaps that a 
 case may happen of an assembly mad enough to run on in 
 full career in forming some act of a nature so absurd, and of 
 consequence so ruinous, that some indirect methods of sus- 
 pending or stopping their proceedings, might be justified. 
 This brings me to thfe object which induced them to sacrifice 
 all character and regularity of business, overleap all bounds, 
 and strike at one blow the great council of the common- 
 wealth into a state of perfect inaction. By their own show- 
 ing. 
 
 5. It appears the great object, the great motive of this des- 
 perate step was to render ineffectual a resolution of the house 
 (carried by 43 against 19), "recommending the calling a con- 
 vention to consider of the constitution proposed by the Fed- 
 eral Convention, and to approve or disapprove the same. ' ' 
 
 It is here to be noted that they all agreed that such a con- 
 vention ought to be called, and their only objection was that 
 the time proposed was too soon, because the people had not 
 time to make up their minds, i. e. : i. To consider and judge 
 whether the constitution was a suitable one or not ; and, 2. 
 To pitch on suitable persons for delegates to the convention. 
 
 The first of these reasons was nugatory, because it was 
 confessed by all, that a convention was to be called, and this 
 was the only way of knowing whether the constitution would 
 be approved by the people or not; for this was the only 
 method agreed on by all parties of collecting the sense of the 
 
Pelatiah Webster's Pamphlet. 93 
 
 people, and the convention could not be straitened for time 
 to consider enough; because, when met, they would be at 
 liberty to take as much time as they pleased. 
 
 The second reason is as trifling as the first; for the great 
 characters in every part of the State suitable for such a trust, 
 would be as well known to the people on the day of election 
 proposed, as they would be three or six months afterwards. 
 
 To these reasons for delay were opposed the weightiest rea- 
 sons for expediting the matter, because the whole Union, 
 both in their domestic and foreign interests, suffered very 
 great evils for want of a good constitution and energetic gov- 
 ernment: all which evils and mischiefs ought to be remedied 
 as soon as possible. The mode of remedy first to be consid- 
 ered was the proposed constitution; if that was approved, we 
 ought to proceed to execute it, without any needless delay; 
 if it should be disapproved, something else must be adopted, 
 and the pressing necessities of all the States are so great, that 
 no time ought to be lost. But their surprise and reasons 
 against the precipitate haste of the assembly in calling the 
 convention, does not give all the heart and all the feelings of 
 the sixteen members. They are greatly dissatisfied with the 
 constitution proposed, and use every coloring, every artifice, 
 and every argument they can devise to prejudice everybody 
 against it; and in this they are very open and candid, and 
 this part of their address certainly deserves our attention 
 much more than all the rest. 
 
 As a kind of preface to their objections, they complain of 
 the appointment of our delegates to the Federal Convention, 
 and lament: i. That none of them are calculated to represent 
 the landed interest. I do not know how this can be, for the 
 delegates own more land, that is, they possess more real es- 
 tate on an average, than any eight of the sixteen complain- 
 ants, and are as good economists in the management of it, 
 and, for aught I know, are as much attached to it as any of 
 them. 2. Their second lamentation is more weighty, viz., 
 that almost none of them were of their party, for that I take 
 to be their meaning, when they say that almost all of them 
 were of one political party ^ and were opposed to the constitu- 
 
94 The Convention Called. 
 
 tion of Pennsylvania^ which most certainly needs great amend- 
 ments in the opinion of almost everybody. 
 
 3. They further suggest that our delegates in convention 
 exceeded their powers, which were to make and report such 
 alterations sxvi, further provisions in the federal constitution, 
 as would render it fully adequate to the exigencies of the 
 Union, or in the language of the sixteen complainants, to 
 revise and amend it. I suppose the whole force of their 
 meaning must rest on the word amend; for I imagine that to 
 revise without amending it, would not have come up to their 
 ideas. Now an amendment^ in the sense of legislative bodies, 
 means either to strike out some words, clauses or paragraphs 
 in a bill, without substituting anything in the place of them, 
 or to insert new words, clauses or paragraphs where nothing 
 was inserted before ; or to strike out some words, clauses or 
 paragraphs, and insert others in their room, which will suit 
 better. Now I challenge the whole sixteen members to show 
 that the convention have done an iota more than this ; be- 
 sides, the new constitution does not by any express words, 
 repeal the old one; therefore I suppose every article of the old 
 one stands good and valid, unless where they are changed or 
 annulled by the alterations and provisions of the new one. 
 But after all, if the constitution offered to us is either a good 
 one or a bad one, I cannot see that it is of any consequence 
 to us, whether it is the old one revised and amended, or a new 
 one fresh made; nor is it material whether the delegates of 
 this State were competent to the business or not: it is offered 
 by the whole respectable body — a body dignified by the gen- 
 eral election of the States — and therefore ought to be received 
 with respect, and treated with candid attention; but in the 
 discussion of it as a rule of government for us all, the merits 
 of it ought to be the sole consideration, and it is the acceptance 
 of the States alone which can give it the stamp of authority; 
 therefore any little bickerings about the qualities, or views, 
 or powers of this or that member, must be mere quibbles of 
 no weight or consequence. 
 
 4. It is further objected with great parade, that three mem- 
 bers of the convention refused to sign, and but thirty-nine of 
 
Pelatiah Webster'' s Pamphlet. 95 
 
 them only did sign the constitution proposed to us; but 1 
 think that so large a majority in its favor very far outweighs 
 the negative of three members against it, neither of which 
 has any pretensions of character superior to the thirty-nine 
 who signed it. 
 
 Further, 5. They object to the assembly's recommending 
 the calling a convention, till they received the new constitu- 
 tion officially from. Congress. I answer, i. The assembly 
 meant to pursue the recommendation of the Federal Conven- 
 tion, which does not make the official directions of Congress 
 necessary to calling the State conventions, under the recom- 
 mendation of flieir legislatures ; and had Congress refused to 
 issue any official directions at all to the assembly, I do not 
 know that the holding the State convention ought to have 
 been prevented thereby. 2. The assembly had the most cer- 
 tain information of the fact, and had no doubt of receiving all 
 necessary official communications from. Congress, long before 
 the convention could meet, or if they never came, could very 
 well act without them. 3. Their not waiting for official let- 
 ters from. Congress did not proceed y9'<?»2 any want of respect 
 to Congress, but merely from their being straitened for time, 
 as the end of the session drew very near. 
 
 I come now to consider the objections of our sixteen mem- 
 bers to the constitution itself, which is much the most im- 
 portant part that lies on me. 
 
 1. Their first objection is, that the government proposed will 
 be too expensive. I answer that if the appointments of offi- 
 cers are not more, and the compensations or emoluments of 
 office not greater than is necessary, the expense will be by no 
 means burdensome; and this must be left to the prudence of 
 Congress, for I know of no way to control supreme powers 
 from extravagance in this respect. Doubtless many instances 
 may be produced of many needless offices being created, and 
 many inferior officers, who receive far greater emoluments of 
 office than the president of the state. 
 
 2. Their next objection is against a legislature consisting of 
 three branches. This is so far from an objection that I con- 
 sider it as an advantage. The most weighty and important 
 
96 7^1? Convention Called. 
 
 aflFairs of the union must be transacted in congress; the most 
 essential councils must be there decided, which must all ^o 
 through three several discussions in three different chambers 
 (all equally competent to the subject and equaily governed by 
 the same motives and interests, viz., the good of the great 
 commonwealth, and the approbation of the people) before any 
 decision can be made; and when disputes are very high, five 
 discussions are necessary, all of which afford time for all 
 parties to cool and reconsider. 
 
 This appears to me to be a very safe way, and a very likely 
 method to prevent any sudden and undigested resolutions 
 from passing, and though it may delay, or even destroy, a 
 good bill, will hardly admit the passing of a bad one, which 
 is by far the worst evil of the two. But if all this cannot stop 
 the course of a bad bill, the negative of the president will at 
 least give it further embarrassment, will furnish all the new 
 light which a most serious discussion in a third House can 
 give, and will make a new discussion necessary in each of the 
 other two, where every member will have an opportunity to 
 revise his opinion, to correct his arguments, and bring his 
 judgment to the greatest maturity possible. If all this can not 
 keep the public decision within the bounds of wisdom, nat- 
 ural fitness, right and convenience, it will be hard to find any 
 efforts of human wisdom that can do it. 
 
 I believe it would be difficult to find a man in the union 
 who would not readily consent to have congress vested with 
 all the vast powers proposed by the new constitution, if he 
 could be sure that those powers would be exercised with wis- 
 dom, justice, and propriety, and not be abused; and I do not 
 see that greater precautions and guards against abuses can 
 well be devised, or more effectual methods used to throw 
 every degree of light on every subject of debate, or more pow- 
 erful motives to a reasonable and honest decision can be set 
 before the minds of congress than are here proposed; and if 
 this is the best that can be obtained, it ought in all prudence 
 to be adopted till better appears, rather than to be rejected 
 merely because it is human, not perfect, and may be abused. 
 At any rate, I think it very plain that our chance of a right 
 
Pelatiah Webster' s Pamphlet. 97 
 
 decision in a congress of three branches, is much greater than 
 in one of a single chamber; but, however all this may, be I 
 can not see the least tendency in a legislature of three branches 
 to increase the burdens or taxes of the people. I think it 
 very evident that any proposition of extravagant expense 
 would be checked and embarrassed in such an assembly, more 
 than in a single house. 
 
 Further, the two houses being by their election taken from 
 the body of the states, and being themselves principal inhab- 
 itants, will naturally have the interest of the commonwealth 
 sincerely at heart: their principle must be the same, their 
 diflferences must be (if any) in the mode of pursuing it, or 
 arise from local attachments. I say, the great interest of 
 their country, and the esteem, confidence, and approbation of 
 their fellow citizens must be strong governing principles in 
 both houses, as well as in the president himself; "whilst at 
 the same time the emulation naturally arising between them 
 will induce a very critical and sharp-sighted inspection into 
 the motions of each other. Their different opinions will 
 bring on conferences between the two houses, in which the 
 whole subject will be exhausted in arguments pro and con, 
 and shame will be the portion of obstinate convicted error. 
 Under these circumstances a man of ignorance or evil design 
 will be afraid to impose on the credulity, inattention or confi- 
 dence of his house by introducing any corrupt or indigested 
 proposition which he knows he must be called on to defend 
 against the severe scrutiny and poignant objections of the 
 other house. I do not believe the many hurtful and foolish 
 legislative acts which first or last have injured all the states 
 on earth, have originated so much in corruption as in indo- 
 lence, ignorance, and a want of a full comprehension of the 
 subject, which a full, prying and emulous discussion would 
 tend in a great measure to remove: this naturally rouses the 
 lazy and idle, who hate the pain of close thinking, animates 
 the ambitious to excel in policy and argument, and excites 
 the whole to support the dignity of their house and vindicate 
 their own propositions. I am not of opinion that bodies of 
 elective men which usually compose parliaments, diets, as- 
 7 
 
98 The Convention Called. 
 
 semblies, congresses, etc., are commonly dishonest; but I 
 believe it rarely happens that there are not designing men 
 among them, and I think it would be much more difficult for 
 them to unite their partisans in two houses and corrupt or 
 deceive them both, than to carry on their designs where 
 there is but one unalarmed, unapprehensive house to be man- 
 aged ; and as there is no hope of making these bad men good, 
 the best policy is to embarrass them, and make their work 
 as difficult as possible. In these assemblies are frequently to 
 be found sanguine men, upright enough indeed, but of 
 strong, wild projection, whose brains are always teeming 
 with Utopian, chimerical plans and political whims, very de- 
 structive to society. I hardly know a greater evil than to 
 have the supreme councils of a nation played off on such 
 men's wires; such baseless visions at best end in darkness, 
 and the dance, though easy and merry enough at first, rarely 
 fails to plunge the credulous, simple followers into sloughs 
 and bogs at last. Nothing can tend more effectually to 
 obviate these evils and to mortify and cure such maggoty 
 brains, than to see the absurdity of their projects exposed 
 by the several arguments and keen satire which a full, emu- 
 lous and spirited discussion of the subject will naturally 
 produce. We have had enough of these geniuses in the 
 short course of our politics, both in our national and pro- 
 vincial councils, and have felt enough of their evil effects, to 
 induce us to wish for any good methods to keep ourselves 
 clear of them in future. 
 
 "The consultations and decisions of national councils are 
 so very important, that the fate of millions depends on them; 
 therefore no man ought to speak in such assemblies, without 
 considering that the fate of millions hangs on his tongue, and, 
 of course, a man can have no right in such august councils to 
 utter indigested sentiments, or indulge himself in sudden un- 
 examined flights of thought; his most tried and improved 
 abilities are due to the States, who have trusted him with 
 their most important interests. A man must therefore be 
 most inexcusable, who is either absent during such debates, 
 or sleeps, or whispers, or catches flies during the argument, 
 
Pelatiah Webster's Pamphlet. on 
 
 and just rouses when the vote is called to give his yea or nay, 
 to the weal or woe of a nation. Therefore it is manifestly 
 proper, that every natural motive that can operate on his 
 understanding, or his passions, to engage his attention and 
 utmost eflForts, should be put in practice, and that his present 
 feelings should be raised by every motive of honor and shame, 
 to stimulate him to every practicable degree of diligence and 
 exertion, to be as far as possible useful in the great discussion. 
 I appeal to the feelings of every reader, if he would not (were 
 he in either house) be much more strongly and naturally in- 
 duced to exert his utmost abilities and attention to any ques- 
 tion which was to pass through the ordeal of a spirited dis- 
 cussion of another house, than he would be, if the absolute 
 decision depended on his own house without any further en- 
 quiry or challenge on the subject." — Vide a Dissertation on 
 the Political Union and Constitution of the Thirteen United 
 States, published by a citizen of Philadelphia^ February i6, 
 1783, where the subject is taken up at large. 
 
 3. Another objection is, that the constitution proposed will 
 annihilate the state governments or reduce them, to m.ere cor- 
 porations. I take it that this objection is thrown out (merely 
 invidics causa) without the least ground for it; for I do not 
 find one article of the constitution proposed, which vests con- 
 gress, or any of their officers or courts, with a power to inter- 
 fere in the least in the internal police or goverment of any 
 one state, when the interests of some other state or strangers, 
 or the union in general, are not concerned ; and in all such 
 cases it is absolutely and manifestly necessary that congress 
 should have a controlling power, otherwise there would be no 
 end of controversies and injuries between different states, nor 
 any safety for individuals, nor any possibility of supporting 
 the union with any tolerable degree of honor, strength or 
 security. 
 
 4. Another objection is against the power of taxation vested 
 in congress. But, I answer, this is absolutely unavoidable, 
 from the necessity of the case; I know it is a tender point, a 
 vast power, and a terrible engine of oppression and tyranny, 
 when wantonly, injudiciously, or wickedly used, but must be 
 
loo The Convention Called. 
 
 admitted; for it is impossible to support the union, or indeed 
 any government, without expense — the congress are the 
 proper judges of that expense — the amount of it, and the best 
 means of supplying it; the safety of the states absolutely re- 
 quires that this power be lodged somewhere, and no other 
 body can have the least pretensions to it; and no part of the 
 resources of the states can, with any safety, be exempt, when 
 the exigencies of the union or government require their 
 utmost exertion. The stronger we make our government, the 
 greater protection it can afford us, and the greater will our 
 safety be under it. It is easy enough here to harangue on 
 the arts of a court to create occasions for money, or the un- 
 bounded extravagance with which they can spend it; but all 
 this notwithstanding, we must take our courts as we do our 
 wives, for better or for worse. We hope the best of an Amer- 
 ican congress, but if they disappoint us, we cannot help it; 
 it is in vain to try to form any plan of avoiding the frailties 
 of human nature. Would any man choose a lame horse, lest 
 a sound one should run away with him? or will any man pre- 
 fer a small tent to live in before a large house, which may 
 fall down and crush him in its ruins? No man has any right 
 to find fault with this article, till he can substitute a better 
 in its room. 
 
 The sixteen members attempt to aggravate the horrors of 
 this devouring power, by suggesting the rigid severity with 
 which congress, with their faithful soldiers, will exact and 
 collect the taxes. This picture, stripped of its black drapery, 
 amounts to just this, viz: That whatever taxes are laid will 
 be collected, without exception, from every person charged 
 with them — which must look disagreeable, I suppose, to peo- 
 ple who, by one shift or another, have avoided paying taxes 
 all their lives. But it is a plain truth, and will be obvious to 
 anybody who duly considers it, that nothing can be more 
 luinous to a state, or oppressive to individuals, than a partial 
 and dilatory collection of taxes, especially where the tax is 
 an impost or excise, because the man who avoids the tax can 
 undersell, and consequently ruin, him who pays it, i. e. 
 smuggling ruins the fair trader; and a remedy of this mis- 
 
Pelatiah Webster's Pamphlet. loi 
 
 chief, I cannot suppose, will be deemed by our people in gen- 
 eral such a very awful judgment, as the sixteen members 
 would make us believe their constituents will consider it to be. 
 
 5. They object that the liberty of the press is not asserted 
 in the constitution. I answer, neither are any of the ten 
 commandments, but I do not think that it follows that it was 
 the design of the convention to sacrifice either the one or the 
 other to contempt or to leave them void of protection and 
 effectual support. 
 
 6. It is objected further that the constitution contains no 
 declaration of rights. I answer, this is not true — the consti- 
 tution contains a declaration of many rights, and very im- 
 portant ones, e. g. , that people shall be obliged to fulfil their 
 contracts, and not avoid them by tenders of anything less 
 than the value stipulated; that no ex post facto laws shall be 
 made, &c. ; but it was no part of the business of their appoint- 
 ment to make a code of laws — it was sufficient to fix the con- 
 stitution right, and that would pave the way for the most 
 effectual security of the rights of the subject. 
 
 7. They further object that no provision is made against 
 a standing army in time of peace. I answer, that a standing 
 army, i. ^.regular troops are often necessary in time of peace, 
 to prevent a war, to guard against sudden invasions, for gar- 
 rison-duty, to quell mobs and riots, as guards to congress and 
 perhaps other courts, &c., &c., as military schools to keep up 
 the knowledge and habits of military discipline and exercise, 
 &c., &c. ; and as the power of raising troops is rightfully and 
 without objection vested in congress, so they are the proper- 
 est and best judges of the number requisite, and of the occa- 
 sion, time and manner of employing them; if they are not 
 wanted on military duty, they may be employed in making 
 public roads, fortifications, or any other public works— they 
 need not be a useless burden to the states. And for all this 
 the prudence of congress must be trusted, and nobody can 
 have a right to object to this, till they can point out some 
 way of doing better. 
 
 8. Another objection is, that the new constitution abolishes 
 trials by jury in civil causes. I answer, I do not see one word 
 
I03 The Convention Called. 
 
 in the constitution, which by any candid construction can 
 support even the remotest suspicion that this ever entered 
 the heart of one member of the convention; I therefore set 
 down the suggestion for sheer malice, and so dismiss it. 
 
 9. Another objection is that the ieA&taX Judiciary is so con- 
 structed as to destroy the judiciaries of the several states^ and 
 that the appellate jurisdiction^ with respect to law and fact ^ is 
 unnecessary. I answer, both the original and appellate juris- 
 diction of the federal judiciary are manifestly necessary, 
 where the cause of action affects the citizens of different 
 states, the general interest of the union, or strangers (and to 
 cases of these descriptions only, does the jurisdiction of the 
 federal judiciary extend); I say, these jurisdictions of the 
 federal judiciary are manifestly necessary for the reasons just 
 now given under the third objection, and I do not see how 
 they can avoid trying any issues joined before them, whether 
 the thing to be decided is law or fact; but I think no doubt 
 can be made, that if the issue joined is onfact^ it must be 
 tried by a jury. 
 
 10. They object, that the election of delegates for the house 
 of representatives is for two years^ and of senators for six 
 years. I think this a manifest advantage, rather than an ob- 
 jection. Very great inconveniences must necessarily arise 
 from a too frequent change of the members of large legisla- 
 tive or executive bodies, where the revision of every past 
 transaction must be taken up, explained and discussed anew 
 for the information of the new members, when the settled 
 rules of the house are little understood by them, &c., &c., all 
 which ought to be avoided, if it can be with safety. Further, 
 it is plain that any man who serves in such bodies, is better 
 qualified the second year than he could be the first, because 
 experience adds qualifications for every business, &c. The 
 only objection is that long continuance affords danger of cor- 
 ruption, but for this the constitution provides a remedy by 
 impeachment and expulsion, which will be a sufficient re- 
 straint, unless a majority of the house and senate should 
 become corrupt, which is not easily presumable; in fine, 
 there is a certain mean between too long and too short con- 
 
Pelatiah Webster" s Pamphlet. 103 
 
 tiniiances of members of congress, and I cannot see but it is 
 judiciously fixed by the convention. 
 
 Upon the whole matter, I think the sixteen members have 
 employed an address-writer of great dexterity, who has given 
 us a strong sample of ingenious malignity and ill-nature — a 
 master- piece of high coloring in the scare-crow way ; in his 
 account of the conduct of the sixteen members, by an unex- 
 pected openness and candor, he avows facts which he certainly 
 cannot expect to justify, or even hope that their constituents 
 will patronize or even approve; but he seems to lose all candor 
 when he deals in sentiments; when he comes to point out the 
 nature and operation of the new constitution, he appears to 
 mistake the spirit and true principles of it very much; or 
 which is worse, takes pleasure in showing it in the worst 
 light he can paint it in. I however agree with him in this, 
 that this is the time for consideration and minute examina- 
 tion: and I think the great subject, when viewed seriously, 
 without passion or prejudice, will bear and brighten under 
 the severest examination of the rational inquirer. If the pro- 
 visions of the law or constitution do not exceed the occasions, 
 if the remedies are not extended beyond the mischiefs, the 
 government cannot be justly charged with severity; on the 
 other hand, if the provisions are not adequate to the occasions, 
 and the remedies not equal to the mischiefs, the government 
 must be too lax, and not sufficiently operative to give the 
 necessary security to the subject; to form a right judgment, 
 we must compare these two things well together, and not suffer 
 our minds to dwell on one of them alone, without consider- 
 ing them in connexion with the other; by this means we 
 shall easily see that the one makes the other necessary. 
 
 Were we to view only the gaols and dungeons, the gallows 
 and pillories, the chains and wheel-barrows, of any state, we 
 might he induced to think the government severe; but when 
 we turn our attention to the murders and parricides, and rob- 
 beries and burglaries, the piracies and thefts, which merit 
 these punishments, our idea of cruelty vanishes at once, and 
 we admire the justice, and perhaps clemency, of that govern- 
 ment which before shocked us as too severe. So when we 
 
I04 The Convention Called, 
 
 fix our attention only on the superlative authority and ener- 
 getic force vested in congress and our federal executive pow- 
 ers by the new constiution, we may at first sight be induced 
 to think that we yield more of the sovereignty of the states 
 and of personal liberty, than is requisite to maintain the fed- 
 eral government; but when on the other hand we consider 
 with full survey the vast supports which the union requires, 
 and the immense consequence of that union to us all, we shall 
 probably soon be convinced that the powers aforesaid, exten- 
 sive as they are, are not greater than is necessary for our 
 benefit; for, i. No laws of any state ^ which do not carry in 
 them a force which extends to their effectual and final execu- 
 tion, can afford a certain and sufficient security to the subject; 
 for, 3. Laws of any kind, which fail of execution, are worse 
 than none, because they weaken the government, expose it to 
 contempt, destroy the confidence of all men, both subjects 
 and strangers, in it, and disappoint all men who have confided 
 in it; in fine, our union can never be supported without defin- 
 ite and effectual laws which are coextensive with their occa- 
 sions, and which are supported by authorities and powers 
 which can give them execution with energy; if admitting 
 such powers into our constitution can be called a sacrifice, 
 it is a sacrifice to safety, and the only question is whether our 
 union or federal government is worth this sacrifice. Our 
 union, I say, under the protection of which every individual 
 rests secure against foreign and domestic insult and oppres- 
 sion; but without it we can have no security against invasions, 
 insults, and oppressions of foreign powers, or against the in- 
 roads and wars of one state on another, or even against insur- 
 rections and rebellions arising within partichlar states, by 
 which our wealth and strength, as well as ease, comfort and 
 safety, will be devoured and destroyed by enemies growing 
 out of our own bowels. It is our union alone which can give 
 us respectability abroad in the eyes of foreign nations; and 
 secure to us all the advantages both of trade and safety, which 
 can be derived from treaties with them. 
 
 The Thirteen States all united and well cemented together, 
 are a strong, rich and formidable body, not of stationary. 
 
Pelatiah Webster's Pamphlet. 105 
 
 maturated power, but increasing every day in riches, strength, 
 and numbers; thus circumstanced, we can demand the atten- 
 tion and respect of all foreign nations, but they will give us 
 both in exact proportion to the solidity of our union. For 
 if they observe our union to be lax, from insufficient princi- 
 ples of cement in our constitution, or mutinies and insurrec- 
 tions of our own people (which are the direct consequence of 
 an insufficient cement of union); I say, when foreign nations 
 see either of these, they will immediately abate of their atten- 
 tion and respect to us and confidence in us. 
 
 And, as it appears to me, that the new constitution does 
 not vest congress with more or greater powers than are neces- 
 sary to support this important union, I wish it may be admit- 
 ted in the most cordial and unanimous manner by all the 
 states. 
 
 It is a human composition, and may have errors which 
 future experience will enable us to discover and correct; but 
 I think it is pretty plain, if it has faults, that the address- 
 writer of the sixteen members has not been able to find them ; 
 for he has all along either hunted down phantoms of error, 
 that have no real existence, or which is worse, tarnished real 
 excellencies into blemishes. 
 
 I have dwelt the longer on these remarks on this writer, 
 because I observe that all the scribblers in our papers against 
 the new constitution, have taken their cue principally from 
 him, all their lucubrations contain little more than his ideas 
 dressed out in a great variety of forms; one of which colors 
 so high as to make the new constitution strongly resemble 
 the Turkish government {vide Gazetteer of the loth instant), 
 which, I think, comes about as near the truth as any of the 
 rest, and brings to my mind a sentiment in polemical divin- 
 ity, which I have somewhere read, that there were once great 
 disputes and different opinions among divines about the mark 
 which was set on Cain, when one of them very gravely 
 thought it was a horn fully grown out on his forehead. It is 
 probable he could not think of a worse mark than that. 
 
 On the whole matter there is no end of the extravagancies 
 of the human fancy, which are commonly dictated by poig- 
 
io6 The Convention Called. 
 
 nant feelings, disordered passions, or affecting interests; but 
 I could wish my fellow-citizens, in the matter of vast impor- 
 tance before us, would divest themselves of bias, passion, and 
 little personal or local interests, and consider the great sub- 
 ject with that dignity of reason and independence of senti- 
 ment, which national interests ever require. I have here 
 given my sentiments with the most unbiased freedom, and 
 hope they will be received with the most candid attention 
 and unbiased discussion, by the states in which I live, and 
 in which I expect to leave my children. 
 
 I will conclude with one observation, which I take to be 
 very capital, viz : that the distresses and oppressions both of 
 nations and individuals often arise from the powers of gov- 
 ernment being too limited in their principle, too indetermi- 
 nate in their definition, or too lax in their execution, and of 
 course the safety of the citizens depends much on full and 
 definite powers of government, and an efiectual execution of 
 them. 
 
 Philadelphia, October 12, 1787. 
 
 To the PeopIvE of America:* 
 
 The present situation of the United States has attracted 
 the notice of every country in Europe. By the discussions 
 which led to the revolution, we have proved to the world, 
 that we were intimately acquainted with the natural rights 
 and political relations of mankind. By those discussions, 
 and the subsequent conduct of America, her enemies must be 
 well convinced that she is sincerely attached to liberty, and 
 that her citizens will never submit to a deprivation of that 
 inestimable blessing. To ensure the continuance of that 
 real freedom in the spirit of which our State constitutions 
 were universally formed; to ensure it from enemies within, 
 then existing and numerous; to ensure it from enemies with- 
 out, then and ever to be watched and repelled, the first 
 confederation was formed. It was an honest and solemn 
 covenant among our infant States, and virtue and common 
 danger supplied its defects. When the immediate perils of 
 *From the Pennsylvania Packet, Oct. 12, 1787. 
 
A Citizen of Pennsylvania. 107 
 
 those awful times were removed by the valor and persevering 
 fortitude of America, aided by the active friendship of France, 
 and the follies of Great Britain, those defects were too easily 
 seen and felt. They have been acknowledged at various 
 times by all the legislatures of the Union; and often, very 
 often indeed, represented by Congress. The Commonwealth 
 of Virginia took the first step to obtain this object of uni- 
 versal desire, by applying to her sister States to meet her in 
 the Commercial Convention in the last year. Some of the 
 States immediately adopted the measure. Congress after- 
 wards added their sanction, and a few more of the States 
 concurred. A meeting of the deputies, though not a general 
 one, took place at the appointed time. The members of that 
 body, influenced, I am persuaded, by the purest considera- 
 tions, added their voice to the general wish for another Con- 
 vention, whose object should be the revision and amendment 
 of the federal government. It is worthy of remark that these 
 proceedings of the States were not conducted through those 
 channels the confederation points out, but they were not 
 inconsistent with it, they were certainly not improper: for it 
 is not material in what manner the United States in Con- 
 gress become possessed of the matter and form of changes 
 really desired by the people of the Union. It is only neces- 
 sary when that body shall determine on alterations, that they 
 proceed constitutionally to obtain the adoption of them. It 
 may be observed further, that the address of the Annapolis 
 Convention, signed by the Hon. John Dickinson, Esq., was 
 published in September, 1786, in the newspapers of all the 
 Middle States, and particularly those of Pennsylvania, during 
 the sitting of the Hon. the General Assembly of the Com- 
 monwealth. The people, therefore, throughout the Union, 
 and most certainly in Pennsylvania^ must have known that 
 the important duty of amending our Federal constitution (so 
 far as the legislatures could interfere in it) must come before 
 the members they were then about to choose. I have drawn 
 the attention of my fellow-citizens to this fact, and request 
 they will observe it, because a contrary idea has been given 
 by some members of our legislature. 
 
io8 The Convention Called. 
 
 The recommendation for calling the late convention for the 
 purpose of giving the requisite efficiency to the Union, was 
 adopted by Congress and all the States, but Rhode Island. I 
 will not abuse that unhappy, fallen, lost sister. As a sincere 
 relation, however, wounded by the dishonor to our family 
 name — as an honest man, distressed at the injury she has 
 done to the cause of public and private virtue — as a friend to 
 liberty, alarmed at the arguments against our republican 
 governments which she has furnished to royal tyrants — I sol- 
 emnly conjure her to consider her late conduct, unexampled 
 in the history of the world. She exhibits to mankind the 
 unheard of spectacle of z. people^ possessed of a constitution 
 containing all the principles of substantial justice, and of 
 civil and religious liberty, disregarding the rights of property 
 and obligations between man and man, and trampling under 
 their feet a solemn compact with neighboring and related 
 States, yet bleeding with wounds sustained in fighting by their 
 side in a common cause, and infringing the established laws 
 of nations and treaties with allies most powerful ^n^ friendly. 
 I^et them ask themselves, let them permit a friend to ask 
 them, what they can hope from such a conduct, or in what 
 fatal catastrophe it may not issue ? 
 
 The twelve states which made the appointment, sent for- 
 ward their deputies in due time. I waive all weight of names, 
 but they were such in general as it became the states to ap- 
 point. Exceptions, perhaps just ones, may have been made 
 to some of them; but remember these were not alone; they 
 did not even form a majority of the representation of one 
 state; much less could they affect the general views of the 
 whole body. I am not acquainted with the situation of 
 parties in the other states, but have had too much oppor- 
 tunity, with the rest of the world, of judging of them in Penn- 
 sylvania. I acknowledge, that in my mind there might 
 have been more propriety in the appointment from this 
 state. The gentlemen were individually fully competent to 
 ■the duty. They were so collectively. Had some of the same 
 men resided in the western counties, it would have been 
 more satisfactory. In point of good policy, it should have 
 
A Citizen of Pennsylvania. 109 
 
 been so. While candor forbids us to withhold these observa- 
 tions, the public good requires that even the just offence it 
 may have given, should not interfere with a plan sincerely 
 intended to promote the happiness of our country. I wish to 
 avoid offence, but I beg to be indulged in remarking that the 
 appointment of our deputies to the Convention, from the city 
 and county of Philadelphia, does not appear to have made 
 any painful impressions on the people of the western counties. 
 Perhaps it is because they have not observed the fact. If 
 that is the case, it cannot be of importance to the tranquility 
 of the state, nor to the great business before us. I confess 
 my wishes were strongly in favor of some western deputies, 
 though it seems the seceding members themselves proposed 
 but one. I believe, however, many persons wished at the 
 time, he had been appointed. Yet the people of that part of 
 the state have not complained, and it was the act of a real 
 majority. Besides, I feel too independent a freeman to en- 
 dure the idea, that any one man could be indispensably nec- 
 essary to that appointment. The truth is that some mem- 
 bers of the Pennsylvania Assembly, after seceding from their 
 brethren, have brought the idea for the first time, at an ill- 
 judged moment, before the public. They have suggested it 
 to their constituents, not their constituents to them. Reflect 
 dispassionately on these circumstances, my Pennsylvania 
 readers. I mean not offensive censure, which I despise and 
 condemn. The seceding members, I say, suggested the idea 
 of offence at the appointment of our deputies, after an un- 
 lucky quarrel had taken place. Does it not seem to be a 
 little in the way of apology? When these gentlemen say 
 they were apprehensive of the consequences of the appoint- 
 ment, I can believe they spoke truly — but when they bring 
 it forward to the people only after their own secession from 
 the house, to the people who have never complained of it, 
 does it not rather appear that the jealousy they entertained 
 in their own minds, has by too much brooding over it, grown 
 to a sore, and that their letting it out now, is rather a proof of 
 their own feelings than of any discontent among the people. 
 Is it consistent with the delicacy of one of those gentlemen. 
 
no The Convention Called. 
 
 that he should sign this sentiment among the sixteen, when 
 he was himself a candidate? It were to be wished his name 
 at least had not been there, or that the observation in their 
 address had been omitted. It is consistent with propriety, 
 that another gentleman should vote for calling the Conven- 
 tion, and afterwards secede from his brethren? How much 
 more becoming the honor of their private characters, and the 
 dignity of their public ofEces, was the conduct of the two 
 gentlemen who were brought to the house by the speaker's 
 order, in entering freely into the debates that ensued. 
 Though they have not accustomed themselves to speak often, 
 they, on this occasion, proposed matters for the good of their 
 constituents (which they could not have done if absent), and 
 their motions were adopted. 
 
 The address carries an idea that the new federal constitu- 
 tion has been only approved by what is called the republican 
 party. I would cheerfully rest the disproving this insinua- 
 tion upon any man of honor in the constitutional party. Dr. 
 Franklin and Mr. Ingersoll, who assisted to frame, and after- 
 wards signed the act of the convention, never opposed our 
 state constitution. Messrs. Will, Foulke, G. Heister, Kree- 
 mer, J. Heister, Davis, Trexler, Burkhalter and Antis, and 
 other members of the house, who voted for the call of a State 
 Convention, are surely not republicans; and among the four 
 thousand petitioners for the adoption of the new federal gov- 
 ernment, will be found many of the most zealous, active and 
 respectable friends of the constitution of this commonwealth. 
 This I assert as an incontrovertible fact, of which every indi- 
 vidual of the sixteen seceding gentlemen was fully possessed; 
 for the petitions, with a very great number of the names 
 of such persons, were presented to the house on Monday, 
 Wednesday and Thursday. The secession took place on Fri- 
 day afternoon, and was repeated on Saturday morning. The 
 good men of Pennsylvania will satisfy themselves whether 
 their sixteen representatives have given this wrong idea from 
 want of temper or from want of virtue — it was indeed un- 
 guarded to pass upon their constituents a suggestion that the 
 friende of the new federal government were all of them ene- 
 
JARED INGERSOLL. 
 1750-1828. 
 
 J'rom' 6k& original en. tke- bosseesiaiv ff/.E'aluftif'£C.^iffef:s-ffUf£'sff. 
 
A Citizen of Pennsylvania. iii 
 
 mies to the constitution of the State of Pennsylvania, and 
 had all of them destructive designs on the State frame of gov- 
 ernment. Before I quit this point let me add one piece of 
 information, which is, that the gentleman alluded to in a 
 preceding paragraph, is the only unsuccessful candidate for a 
 seat in the convention who has not declared for the adoption 
 of the federal constitution. 
 
 But to return. — The twelve States which concurred sent 
 forward their deputies in due time. I shall not attempt, as 
 I have already said, to pass upon your understandings the 
 weight of names — determine that matter for yourselves. Suf- 
 fer me to remark only, that the faithful, disinterested and 
 invaluable services of Washington — the incessant, faithful 
 and essential services of Franklin — might have saved them 
 from the contemptuous insinuations of a late writer. Were 
 such compositions applauded, it might indeed be said ^^ thai 
 republics are ungratefuV 
 
 The constitution which these gentlemen have offered to 
 their fellow citizens has been considered with manly free- 
 dom, such I- am sure as they wished it to meet. If in some 
 cases it has been carried further, it is a proof at once of our 
 liberty, and of the passions which we know to prevail among 
 men ; and as every cause is open to the friendship and enmity 
 of bad men, there can be no doubt but that very wicked and 
 dangerous motives influence some, both among the friends 
 and enemies of the new frame of government. I^eaving all 
 observations upon such points, in treating which even truth 
 will appear uncertain, and candor may heat and inflame, I 
 recommend to all men of pure, honest intentions the utmost 
 moderation and forbearance. The object before us is indeed 
 great and interesting. We are to arrange affairs essential to 
 our own happiness, and highly important to the present and 
 future people of the earth. Though it must be admitted that 
 too much and too bitter contention has appeared in our af- 
 fairs, yet it is no less true that the active and speculative 
 friends of liberty, throughout the world, consider us at this 
 day as the enlightened and sincere supporters of their cause, 
 and look to us for examples which the one expects to approve, 
 
112 The Convention Called. 
 
 the other to imitate. Let lis refrain then from these little, 
 mean, bitter invectives; let us suppress those contemptible 
 remains of narrow party spirit, and consider our critical situ- 
 ation with decency and candor, remembering that the true 
 sons of liberty are brothers to each other. 
 
 Much observation has been made in regard to the omission 
 of a bill of rights in the new frame of government. Such 
 remarks, I humbly conceive, arise from a great inadvertency 
 in taking up the subject. When the people of these States 
 dissolved their connection with the crown of Great Britain, 
 by the Declaration of Independence, they found themselves, 
 as to government, ht a state of nature: yet they were very 
 sensible of the blessings of civil society. On a recommenda- 
 tion of Congress, who were then possessed of no authority, 
 the inhabitants of each colony respectively formed a compact 
 for themselves, which compacts are our State constitutions. 
 These were original agreements among individuals before 
 actually in a state of nature. In these constitutions a bill of 
 rights (that is, a declaration of the unaliened rights of each 
 individual) was proper, and indispensably necessary. When 
 the several States were thus formed into thirteen separate and 
 independent sovereignties, Congress, who managed their 
 general aflfairs, and their respective legislatures, thought it 
 proper (and it was surely absolutely necessary) that a con- 
 federation should be prepared and executed. The measure 
 was accordingly adopted; and here let us observe this was 
 a compact among thirteen independent States of the nature of 
 a perpetual .treaty. It was acceded to by the several States 
 as sovereign. No individuals were parties to it. No rights 
 of individuals could, therefore, be declared in it. The rights 
 of contracting parties (the thirteen States) were declared. 
 Those rights remain inviolate. No bill of the rights of the 
 freemen of the Union was thought of, nor could be intro- 
 duced. No complaint was made of the want of it, for it was a 
 matter foreign from the nature of the compact. In articles 
 of agreement among a number of people forming a civil 
 society^ a bill of the rights of individuals comes in of course 
 and is indispensably necessary. In articles of agreement 
 
A Citizen of Pennsylvania. 113 
 
 among a number of independent states^ entering into a union, 
 a bill of the rights of individuals is €xcluded<oi course. As in 
 the old confederation or compact among the thirteen inde- 
 pendent sovereignties of America, no bill of rights of individ- 
 uals could be or was introduced ; so in the proposed compact 
 among the same thirteen independent sovereignties, no bill 
 of the rights of individuals has been or could be introduced. 
 This would be to annihilate our state constitutions, by ren- 
 dering them unnecessary. The liberty of the press, from an 
 honest republican jealousy, which I highly applaud, has also 
 been a subject of observation: but the right of writing for 
 publication, and of printing, publishing and selling what 
 may be written, sttt. personal rights, are part of the rights of 
 individuals. Thus we see when attempts have been made to 
 restrain them in any country, the individuals concerned have 
 only been, or indeed could be, the objects of attention. They 
 are the rights of the people in the states^ and can only be 
 exercised by them. They are not the rights of the thirteen 
 independent sovereignties, therefore could' not enter into 
 either the old or new compact among them. Every constitu- 
 tion in the union guards the liberty of the press. It has also 
 become a part of the common law of the land. But who is 
 to destroy it? Not the people at large, for it is their most 
 invaluable privilege — the palladium of their happiness — not 
 the state legislatures, for their respective constitutions forbid 
 them to infringe it. Not the federal government, for they 
 have never had it transferred into their hands. It remains 
 amongst those rights not conveyed to them. But who are the 
 federal government, that they should take away the freedom 
 of the press, was it not out of their reach? Are they not the 
 temporary responsible servants of the people? How then, my 
 countrymen, is this favorite inestimable privilege in danger? 
 It cannot be affected. It is understood by all men that it is 
 never to be touched. It is guarded by insurmountable bar- 
 riers, as you have already seen; and woe betide — the heaviest 
 woe will betide the sacrilegious hand that shall attempt to 
 remove them. A Citizen of Pennsyi^vania. 
 
 8 
 
114 T^^ Convention Called. 
 
 To the Freemen of Pennsylvania:* 
 
 A publication has lately appeared in several of our papers, 
 said to l)e signed by sixteen members of the late Assembly of 
 Pennsylvania, which challenges a few remarks. 
 
 The first remark that occurs is, that the paper was neither 
 written by any one of them, nor signed by all of them. They 
 are too illiterate to compose such an address, and it can be 
 proved that several of the persons whose names are subscribed 
 to it left the city on Saturday, before there was time to col- 
 lect the materials of the address, or to receive it from the 
 person who is well known to have written it. 
 
 A second remark that occurs in this place is, that there 
 was a fixed resolution of the anti-federal junto to oppose the 
 federal government, long before it made its appearance. In 
 the month of July last, at a meeting of this junto, it was 
 agreed, ' ' that if the new constitution of Congress interfered 
 in the least with the constitution of Pennsylvania, it ought 
 to be opposed and rejected, and that even the name of a 
 Washington should not carry it down." Happily it re- 
 quires a reduction of the enormous expenses, and some other 
 alterations of our constitution. Hence the reason of their 
 opposition. Had it been much more perfect, or had it, like 
 the Jewish theocracy, been framed by the hand of the 
 Supreme Being himself, it would have been equally unpop- 
 ular among them, since it interferes with their expensive 
 hobby-horse, the Constitution of Pennsylvania. 
 
 The address, and all the opposition to the new government, 
 originate from the ofiicers of government, who are afraid of 
 losing their salaries or places. This will not surprise those 
 of us who remember the opposition which our Independence 
 received from a few oSicers of government in the years. 1775 
 and 1776. Recollect the Friendly Addresses and the 
 Catos, which appeared in those years in all our newspapers. 
 Remember too, that these publications came from men of 
 as great understandings, and of more extensive influence, 
 
 *From the Independent Gazetteer, or the Chronicle of Freedom, October 
 
 15, -1787. 
 
One of the Four Thousand. " 115 
 
 than Randolph, Mason or Gerry. Which of them is fit to be 
 named with Hutchinson, Bernard, Tryon or Kemp? 
 
 The address begins with two palpable falsehoods. "We 
 lamented (it says) at the time, that a majority of our legisla- 
 ture appointed men to represent this state, who were all citi- 
 zens of Philadelphia, and none of them calculated to represent 
 the landed interest of Pennsylvania." 
 
 It is a well-know fact, that a seat in the convention was 
 offered to William Findley, and that he objected to it, because 
 no wages were to be connected with it. It became, therefore, 
 a matter of economy, as well as convenience, to fill up the 
 delegation with members from Philadelphia. If this was a 
 crime, the sixteen concurred in it, for they all voted for five 
 of the delegation, and for three other men who were at that 
 time citizens of Philadelphia, viz: Thomas M'Kean, Charles 
 Pettit and John Bayard, esquires. 
 
 The story of the delegates from Pennsylvania having no 
 interest in the landed property of the state is equally ground- 
 less with the foregoing. They are all landholders, and one 
 of them alone owns a greater landed estate than the whole 
 sixteen absconders; and has for many years past punctually 
 and justly paid more taxes on it than are paid by the whole 
 anti-federal junto, and, unfortunately, for the support of the 
 men who compose this junto. 
 
 The address confesses that the sixteen absconded to prevent 
 the majority of the house from calling a convention, to con- 
 sider the new form of government. Is this right, freemen of 
 Pennsylvania? Is it agreeable to democratic principles, that 
 the minority should govern the majority? Is not this aris- 
 tocracy in good earnest? Is it not tyranny, that a. few should 
 govern the many ? By absconding, and thereby obstructing 
 the public business, they dissolved the constitution. They 
 annihilated the first principles of government, and threw the 
 commonwealth into a state of stature. Under these circum- 
 stances, the citizens of Philadelphia appealed to ^^ first of 
 nature's laws, viz: self-preservation. They seized two of the 
 sixteen absconders, and compelled them to form a House b)' 
 their attendance. In this they acted wisely and justly — as 
 
ii6 The Convention Called. 
 
 much so as the man who seizes a highwayman, who is ahout 
 to rob him. If they were wrong in this action, then the men 
 who drove Galloway, Skinner, Delancey, and other miscre- 
 ants, from our states, by force, in the year 1776, were wrong 
 likewise. What justified all the outrages that were commit- 
 ted against the tories in the beginning of the war? Nothing 
 but the dissolution of our governments. What was the 
 foundation of the dissolution of these governments? Noth- 
 ing but a resolution of Congress. What determined us to 
 establish new governments on the ruins of the old ? Nothing 
 but a recommendation of Congress. Why, then, do these 
 men fly in the faces of the convention and Congress ? It was 
 from similar bodies of men, similarly constituted, that their 
 present form of government derived its independence. It 
 cannot exist without a Congress — it is meet, therefore, that 
 it should harmonize with it. 
 
 The objections to the federal government are weak, false 
 and absurd. The neglect of the convention to mention the 
 liberty of the press arose from a respect to the state constitu- 
 tions, in each of which this palladium of liberty is secured, 
 and which is guaranteed to them as an essential part of their 
 republican forms of government. But supposing this had not 
 been done, the liberty of the press would have been an inher- 
 ent and polical right, as long as nothing was said against it. 
 The convention have said nothing to secure the privilege of 
 eating and drinking, and yet no man supposes that right of 
 nature to be endangered by their silence about it. 
 
 Considering the variety of interests to be consulted, and 
 the diversity of human opinions upon all subjects, and espe- 
 cially the subject of government, it is a matter of astonish- 
 ment that the government formed by the convention has so 
 few faults. With these faults, it is a phenomenon of human 
 wisdom and virtue, such as the world never saw before. It 
 unites in its different parts all the advantages, without any of 
 the disadvantages, of the three well-known forms of govern- 
 ment, and yet it preserves the attributes of a republic. And 
 lastly, if it should be found to be faulty in any particular, it 
 provides an easy and constitutional method of curing its faults. 
 
'■'■One of the Four Thousand:'' 117 
 
 ^ I anticipate the praise with which this government will be 
 viewed by the friends of liberty and mankind in Europe. 
 The philosophers will no longer consider a republic as an im- 
 practicable form of government, and pious men of all denom- 
 inations will thank God for having provided in our federal 
 constitution, an Ark for the preservation of the remains of 
 the justice and liberties of the world. 
 
 Freemen of Pennsylvania, consider the character and ser- 
 vices of the men who made this government. Behold the 
 venerable Fkanklin, in the 70th year of his age, cooped up 
 in the cabin of a small vessel, and exposing himself to the 
 dangers of a passage on the ocean, crowded with British 
 cruisers, in a winter month, in order to solicit from the court 
 of France that aid, which finally enabled America to close 
 the war with so much success and glory — and then say, is it 
 possible that this man would set his hand to a constitution 
 that would endanger your liberties? From this aged servant 
 of the public, turn your eyes to the illustrious American hero, 
 whose name has ennobled human nature — I mean our be- 
 loved Washington. Behold him, in the year 1775, taking 
 leave of his happy family and peaceful retreat, and flying to 
 the relief of a distant, and at that time an unknown part of 
 the American continent. See him uniting and cementing au 
 army, composed of the citizens of thirteen states, into a band 
 of brothers. Follow him into the field of battle, and behold 
 him ^^ first in danger, and the last out of it. Follow him 
 into his winter quarters, and see him sharing in the hunger, 
 cold and fatigues of every soldier in his army. Behold his 
 fortitude in adversity, his moderation in victory, and his ten- 
 derness and respect upon all occasions for the civil power of 
 his country. But above all, turn your eyes to that illustrious 
 scene he exhibited at Annapolis in 1783, when he resigned 
 his commission, and laid his sword at the feet of Congress, 
 and afterwards resumed the toils of an American farmer on 
 the banks of the Potomac. Survey, my countrymen, these 
 illustrious exploits of patriotism and virtue, and then say, is 
 it possible that the deliverer of our country would have 
 recommended an unsafe form of government for that liberty. 
 
ii8 The Convention Called. 
 
 for which he had for eight long years contended with such 
 unexampled firmness, constancy and magnanimity. 
 
 Pardon me, if I here ask — Where were the sixteen ab- 
 sconders and their advisers, while these illustrious framers of 
 our federal constitution were exposing their lives and exert- 
 ing their talents for your safety and happiness? Some of 
 them took sanctuary in offices, under the constitution of 
 Pennsylvania, from the dangers of the year 1776, and the rest 
 of them were either inactive, or known only on the muster- 
 rolls of the militia during the war. 
 
 Look around you, my fellow citizens, and behold the con- 
 fusion and distresses which prevail in every part of our 
 country. Behold, from the weakness of the government of 
 Massachusetts, the leaders of rebellion making laws to ex- 
 empt themselves from punishment. See, in Rhode Island, 
 the bonds of society and the obligations of morality dissolved 
 by paper money and tender laws. See the flames of court- 
 houses in Virginia, kindled by debtors to stop the course of 
 justice. Hear the complaints of our farmers, whose unequal 
 and oppressive taxes in every part of the country amount to 
 nearly the rent of their farms. Hear too the complaints of 
 every class of public creditors. Look at the records of bank- 
 ruptcies that fill every newspaper. l/ook at the melancholy 
 countenances of our mechanics, who now wander up and 
 down the streets of our cities without employment. See our 
 ships rotting in our harbors, or excluded from nearly all the 
 ports in the world. Listen to the insults that are offered to 
 the American name and character in every court of Europe. 
 See order and honor everywhere prostrate in the dust, and 
 religion, with all her attending train of virtues, about to quit 
 our continent forever. View these things, my fellow citizens, 
 and then say that we do not require a new, a protecting, and 
 efficient federal government, if you can. The picture I have 
 given you of the situation of our country is not an exaggerated 
 one. I challenge the boldest enemy of the federal constitu- 
 tion to disprove any one part of it. 
 
 It is not to be wondered at, that some of the rulers and 
 officers of the government of Pennsylvania are opposed to the 
 
"0«^ of the Four Thousand.'''' 119 
 
 new constitution of the United States. It will lessen their 
 power, number and influence — for it will necessarily reduce 
 the expenses of our government from nearly 50,0001. to 
 10,000 1., or, at most, 15,000!. a year. I am very happy in 
 being able to except many worthy officers of our government 
 from concurring in this opposition. Their names, their con- 
 duct, and their characters, are well-known to their fellow 
 citizens, and I hope they will all be rewarded by a continu- 
 ance and accumulation of public favor and confidence. 
 
 The design of this address is not to inflame the passions of 
 my fellow citizens; I know the feelings of the people of 
 Pennsylvania are sufiiciently keen. It becomes me not, 
 therefore (to use the words of the address of the sixteen ab- 
 sconders), to add to them, by dwelling longer "upon the 
 distresses and dangers of our country. I have laid a real 
 state of facts before you; it becomes you, therefore, to judge 
 for yourselves. ' ' 
 
 The absconders have endeavored to sanctify their false and 
 seditious publication by a solemn address to the Supreme 
 Being. I shall conclude the truths I have written, by adopt- 
 ing some of their own words, with a short addition to them. 
 
 "May He, who alone has dominion over the passions and 
 understandings of men, preserve you from the influence of 
 rulers, who have upon many occasions held fellowship vuith 
 iniquity^ and established mischief by law.'''' 
 
 The author of this Address is one of the Four Thousand 
 Citizens of Philadelphia and its neighborhood, who sub- 
 scribed the petition to the late Assembly, immediately to 
 call a Convention, in order to adopt the proposed Federal 
 Constitution. 
 
CHAPTER III. 
 
 BEFORE THE MEETING OF THE CONVENTION. 
 
 [Between the day when the convention was called and the 
 day when the convention met, a period of seven weeks elapsed. 
 During this time both the friends and detractors of the con- 
 stitution resorted to every known means of influencing public 
 opinion. Appeals were made to the prejudices, to the fears, 
 to the religious bigotry of the people. The Antifederalists, 
 as they began to be called, found a friend in Eleazer Oswald, 
 and filled his "Independent Gazetteer" with all manner of 
 effusions. The mouth-piece of the Federal party was the 
 "Pennsylvania Packet," and from these two journals the 
 j^reater part of this chapter is taken. The champion of the 
 Antifederalists was "Centinel," whose name is still unknown. 
 The champion of the Federalists was James Wilsan, whose 
 ipeech in the State House yard was held to be unanswerable. 
 The essays of "Centinel" and the speech of Wilson are, 
 cherefore, given in full. But the essays of " Philadelphien- 
 sis" and "Old Whig," who supported the Antifederal cause, 
 and of "American Citizen," who wrote on the Federal side, 
 have not, for lack of space, been reprinted. 
 
 In place of these will be found a few, and but a few, of the 
 immense number of short pieces that appeared day after day 
 in the "Packet" and the "Gazetteer," and set forth such 
 popular opinions as might be heard any afternoon in the 
 taverns and the coffee-houses. In writings of this sort the 
 Antifederal greatly outnumbered the Federal, and justify the 
 belief that the burden of proof was considered to be with the 
 party of opposition.] 
 
 From the Pennsylvania Gazette. 
 
 (By particular desire.) 
 
 The former distinction of the citizens of America (says a 
 
 (i2o) 
 
A Prophecy for i^Sg^ i2i 
 
 correspondent) into Whigs and Tories, should be lost in the 
 more important distinction of Federal, and Antifederal men. 
 The former are the friends of liberty and independence; the 
 latter are the enemies of liberty and the secret abettors of the 
 interests of Great Britain. 
 
 Should the federal government be rejected (awful words), 
 another correspondent has favored us with the following 
 paragraphs, to be published in our paper in the month of 
 June, 1789: 
 
 On the 30th ult., his Excellency, David Shays, Esq., took 
 possession of the government of Massachusetts. The execu- 
 tion of , Esq. , the late tyrannical governor, was 
 
 to take place the next day. 
 
 Accounts from New Jersey grow every day more alarmmg. 
 The people have grown desperate from the oppressions of 
 their new masters, and have secretly, it is said, dispatched a, 
 messenger to the court of Great Britain, praying to be taken 
 again under the protection of the British Crown. 
 
 We hear from Richmond, that the new state house, lately 
 erected there, was burnt by a mob from Berkeley county, on 
 account of the assembly refusing to emit paper money. From 
 the number and daring spirit of the mob, government have 
 judged it most prudent not to meddle with them. 
 
 Yesterday 300 ship-carpenters embarked from this city for 
 Nova Scotia, to be employed in his Britannic Majesty's ship- 
 yards at Halifax. 
 
 We hear from Cumberland, Franklin and Bedford counties, 
 in this State,, that immense quantities of wheat are rotting in 
 stacks and barns, owing to the demand for that article having 
 ceased, in consequence of our ships being shut out of all the 
 ports of Europe and the West Indies. 
 
 We hear that 300 families left Chester county last week, to 
 settle in Kentucky. Their farms were exposed to sale before 
 they set off, but many of them could not be raised to the value 
 of the taxes that were due on them. 
 
 On Saturday last were interred from the bettering-house 
 
 the remains of Mrs. Mary . This venerable lady was 
 
 once in easy circumstances; but having sold property to the 
 
122 Before the Meeting of the Convention. 
 
 amount of 5,000/. and lodged it in the funds, which, from 
 the convulsions and distractions of our country, have un- 
 fortunately become insolvent, she was obliged to retire to the 
 city poor-house. Her certificates were sold on the Monday 
 following her interment, but did not bring as much cash as 
 paid for her winding-sheet. 
 
 By a vessel just arrived from ly' Orient, we learn that the 
 partition treaty between Great Britain and the Emperor of 
 Morocco was signed on the 25th of April last, at London. 
 The Emperor is to have possession of all the States to the 
 southward of Pennsylvania, and Great Britain is to possess all 
 the [States to the eastward and northward of Pennsylvania, 
 inclusive of this middle State. Private letters from London 
 add, that Silas Dean, Esq., is to be appointed Governor of 
 Connecticut, and Joseph Galloway, Esq. , is to be appointed 
 Governor of Pennsylvania. The government of Rhode Island 
 was offered to Brigadier-General Arnold, who refused to ac- 
 cept of it, urging, as the reason of his refusal, that he was 
 afraid of being corrupted by living in such a nest of specula- 
 tors and traitors. 
 
 But, adds our correspondent, should the federal govern- 
 ment be adopted^ the following paragraphs will probably have 
 a place in our paper in the same month, viz., June, 1789: 
 
 Yesterday arrived in this city his Excellency the Earl of 
 Surry, from the Court of Great Britain, as Envoy Extraor- 
 dinary to the United States. He was received by the princi- 
 pal Secretary of State, and introduced to the President-General 
 at the federal State House, who received him with great 
 marks of politeness. His lordship's errand to America is to 
 negotiate a commercial treaty with the United States. The 
 foundation of this treaty is, that all British ports are to be 
 opened to American vessels, duty free, and a proposal to build 
 200 ships every year in the ports of Boston, New York, Phila- 
 delphia and Charleston. 
 
 Last evening arrived at Billingsport the ship Van Berkel, 
 Nicholas van Vleck, master, from Amsterdam, with 100 
 reputable families on board, who have fled from the commo- 
 tions which now distress their unhappy country. It is said 
 
A Prophecy for ijSg. 123 
 
 they have brought cash with them to the amount of 45,000/. 
 sterling, to be laid out in purchasing cultivated farms in this 
 and the neighboring States. 
 
 We learn from Cumberland county, in this State, that 
 land in the neighborhood of Carlisle, which sold in the year 
 - 1787 for only 5/. has lately been sold for 10/. per acre at 
 public vendue. This sudden rise in the value of estates is 
 ascribed to the new mode of taxation adopted by the federal 
 government, as well as to the stability of this government. 
 
 Such are the improvements in the roads in this State since 
 the establishment of the federal government, that several 
 loaded wagons arrived in this city in two days from the town 
 of I/ancaster. 
 
 By a gentleman just arrived from Tioga, we learn that 
 the insurgents in that place were surprised and taken by a 
 party of the federal militia, and that their leaders are on their 
 way to Wyoming, to be tried for their lives. 
 
 It appears from the custom-house books of this city, that 
 the exports from this State were nearly double last year, of 
 the exports of the year 1786. 
 
 In the course of the present year, it appears that there 
 have arrived in this state 18,923 souls from different parts of 
 Europe. 
 
 Several foreigners who attended the debates in the federal 
 Assembly and Senate last Wednesday, declare that they never 
 saw half so much decorum nor heard more noble specimens 
 of eloquence in the House of Lords and Commons, than they 
 saw and heard in our illustrious republican assemblies. 
 
 We hear from Fort Pitt, that since the navigation of the 
 Mississippi has been confirmed to the United States by the 
 Court of Spain, the price of wheat has risen from \s. to 'js. 6d. 
 per bushel in all the counties to the westward of the Allegheny 
 mountains. 
 
 In consequence of the new and successful modes of taxa- 
 tion adopted by the United States, public securities of all 
 kinds have risen to par with specie, to the great joy of wid- 
 ows, orphans, and all others who trusted their property in the 
 funds of their country. 
 
124 Before the Meeting of the Convention. 
 
 We hear that the Honorable Thomas , Esq., is ap- 
 pointed to deliver the anniversary oration in September next, 
 in honor of the birthday of our present free and glorious fed- 
 eral Constitution — a day that cannot fail of being equally dear 
 to all Americans with the 4th of July, 1776 — for while this 
 day gave us liberty^ the .17th of September, 1787, gave us, 
 under the smiles of a benignant Providence, a government, 
 which alone could have rendered that liberty safe and per- 
 petual. * 
 
 Mr. Oswald. — Having stepped into Mr. 's beer- 
 house, in street, on Saturday evening last, I perceived 
 
 the room filled with a number of decent tradesmen, who were 
 conversing very freely about the members of the federal con- 
 vention, who, it was said, like good workmen, had finished 
 their work on a, Saturday night. As the principles of this 
 company were highly federal, and many of their remarks very 
 shrewd, I took notes of them in my memorandum book, in 
 short-hand, and have since copied them for the use of your 
 truly federal paper. 
 
 1. A Sea Captain. — By George, if we don't adopt the fed- 
 eral government we shall all go to wreck. 
 
 2. His Mate. — Hold, hold, captain, we are in no danger; 
 Washington is still at the helm. 
 
 3. A Continental Lieutenant. — If we don't adopt the new 
 government — -why the hardest send off— promotion is always 
 most rapid in a civil war. 
 
 4. A Cooper. — If we reject the new government, we shall 
 all go to staves. 
 
 5. A Blacksmith. — If we don't submit to the convention, 
 we shall all be burned into cinders. 
 
 6. A Shoemaker. — If we do not adopt the alterations in the 
 federal convention now, we shall never have such another 
 opportunity of having it mended. 
 
 7. A Mason. — The old fabric must be underpinned., or we 
 shall all go to the devil together. 
 
 8. A House Carpenter. — We shall never do well till all 
 
 * Independent Gazetteer, Sept. 20, 17&7. 
 
Street and Tavern Scenes. 125 
 
 the little rooms in the federal mansion house are thrown 
 into one. 
 
 9. A Silversmith. — I hate your party-colored metals — the 
 sooner we are all meVted into one mass the better. 
 
 10. A Baker. — ]>t me see the man that dares oppose the 
 federal government, and I will soon make biscuit of him. 
 
 11. A Butcher. — And I would soon quarter the dog. 
 
 12. A Barber. — And I would shave the son of a . 
 
 13. A Cook. — And I would break every bone in his body. 
 ^4- ^ Joiner. — And I would make a wooden jacket for him. 
 
 15. A Potter. — And I would grind his dust afterward into 
 a chamber-pot. 
 
 16. A Tailor. — And I would throw it into hell.* 
 
 From a Correspondent. — I was walking the other day in 
 Second street, and observed a child, of five or six years old, 
 with a paper in his hand, and lisping, with a smile, '■''Here's 
 what the convention have done. ' ' I^ast evening I was walk- 
 ing down Arch street, and was struck with the appearance of 
 an old man, whose head was covered with hoary locks, and 
 whose knees bent beneath the weight of his body, stepping 
 to his seat by the door, with a crutch in one hand and his 
 spectacles and the new federal constitution in the other. 
 These incidents renewed in my mind the importance of the 
 present era to one-half of the world! I was pleased to see all 
 ages anxiotis to know the result of the deliberations of that 
 illustrious council, whose constitutions are designed to govern 
 a world of freemen! The unthinking youth, who cannot 
 realize the importance of government, seems to be impressed 
 with a sense of our want of union and system.; and the vener- 
 able sire, who is tottering to the grave, feels new life at the 
 prospect of having everything valuable secured to posterity. 
 
 Ye spirits of ancient legislators! Ye ghosts of Solon, Ivycur- 
 gus and Alfred! Of the members of the grand Amphictyonic 
 'Council of Greece! and of the illustrious Senate of Rome! at- 
 tend and bear testimony, how important the task of making 
 laws for governing empires! Attend, ye ghosts of Warren, 
 
 * Independent Gazetteer, Sept. 20, 1787. 
 
126 Before the Meeting of the Convention. 
 
 Montgomery, Mercer, and other heroes who offered your lives 
 upon the altar of freedom! Bear witness, with what solici- 
 tude the great council of America, headed by a Franklin and 
 a Washington., the fathers of their country, have deliberated 
 upon the dearest interests of men, and labored to frame a sys- 
 tem of laws and constitutions that shall perpetuate the bless- 
 ings of that independence which you obtained by your 
 swords! 
 
 "These are the fathers of this western clime ! 
 
 Nor names more noble grac'd the walls of fame, 
 When Spartan firmness braved the wrecks of time, 
 
 Or Rome's bold virtues fanned the heroic flame. 
 Not deeper thought the immortal sage inspired 
 
 On Solon's lips when Grecian senates hung ; 
 Nor manlier eloquence the bosom fired 
 
 When genius thundered from the Athenian tongue." 
 
 Away, ye spirits of discord! ye narrow views! ye local pol- 
 icies! ye selfish patriots, who would damn your country for a 
 sixpenny duty! In the present state of America, local views 
 are general ruin ! Unanimity alone is our last resort. Bvery 
 other expedient has been tried, and unanimity now will cer- 
 tainly secure freedom, national faith and prosperity. * 
 
 [Extract of a letter from a gentleman in Montgomery 
 county to his friend in Philadelphia, dated 24th September, 
 1787. J 
 
 "We hear the petitions which are handing about in favor 
 of the federal constitution, have met with no opposition in 
 your city, except by five persons, who have lived upon the 
 distresses of the people for some time past; you may expect 
 those gentlemen will in time, on finding their little opposi- 
 tion will not avail, become good subjects of the federal govern- 
 ment. They were not decided characters in our late glorious 
 revolution, until they found independence would be main- 
 tained; it is even said that one of them, who was in Europe 
 early in the contest, was decidedly against us, but, on finding 
 we were able to support our independence, they became the 
 best street whigs you had, and got themselves fixed in fat of- 
 
 * Pennsylvania Packet, Sept. 22. 
 
Bad Condition of the Country. 127 
 
 fices, which they cannot but with reluctance run the risk of 
 losing. We also hear that the only machine for spinning 
 cotton with facility in your city has been bought up by a 
 British rider and put on board a vessel for London. It is to 
 be hoped the Manufacturing Society will have spirit enough 
 to furnish that enemy to our country with a coat of 
 
 "Tar and Feathers."* 
 
 For the Independent Gazetteer. 
 
 Mr. Oswald: In searching among some old papers a few 
 days ago, I accidentally found a London newspaper, dated in 
 March, 1774, wherein a certain Dean Tucker, after stating 
 several advantages attendent on a separation from the then 
 colonies, now United States of America, proceeds thus: 
 ' 'After a separation from the colonies our influence over them 
 will be much greater than ever it was, since they began to 
 feel their own weight and importance." "The moment a 
 separation takes effect, intestine quarrels will begin;" and 
 ' ' in proportion as their factious republican spirit shall intrigue 
 and cabal, shall split into parties, divide and sub-divide, in 
 the same proportion shall we be called in to become their 
 general umpires and referees." 
 
 I stood aghast on perusing'this British prophecy, and could 
 not help reflecting how my infatuated countrymen are on the 
 very verge of suffering it to be fulfilled. Already have they 
 in several of the States spurned at the federal government, 
 despised their admonitions, and absolutely refused to comply 
 with their requisitions; nay, they have gone further, and have 
 enacted laws in direct violation of those very requisitions; nor 
 does the present federal constitution give Congress power to 
 enforce a compliance with the most trifling measure they may 
 recommend. Hence, liberty becomes licentiousness (for while 
 causes continue to produce their effects, want of energy in 
 government will be followed by disobedience in the gov- 
 erned). Hence, also, credit, whether foreign or domestic, 
 public or private, hath been abused, and, of course, is reduced 
 to the lowest ebb; Rhode Island faith in particular is become 
 * Independent Gazetteer, Sept. 26, 1787. 
 
128 Before the Meeting of the Convention. 
 
 superlatively infamous, even to a proverb. Would to God 
 that censure in this respect were only due to that petty State! 
 Sorry I am to say, several others merit a considerable share 
 of it. Ship-building and commerce no more enrich our 
 country; agriculture is neglected, or what is just the same, 
 our produce, instead of being exported, is suffered to rot in 
 the fields. Britain has dared to retain our frontier posts, 
 whereby she not only deprives us of our fur trade, but is en- 
 abled to keep up a number of troops, to take every advantage 
 of any civil broils which may arise in these States; and to 
 close the dismal scene, rebellion, with all its dire concomi- 
 tants, has actually reared its head in a sister State — such have 
 been the deplorable effects of a weak and impotent govern- 
 ment. Perhaps the present situation of America cannot be 
 better described than by comparing her to a ship at sea in a 
 storm, when the mariners tie up the helm and abandon her 
 to the fury of the winds and waves. O, America! arouse! 
 awake from your lethargy! bravely assert the cause of federal 
 unanimity! and save your sinking country! I^t it not be 
 said that those men who heroically extirpated tyranny from 
 America, should suffer civil discord to undo all that they have 
 achieved, or to effect more than all the powers of Britain, 
 aided by her blood-thirsty mercenaries, were able to accom- 
 plish. Let not posterity say: "Alas, our fathers expended 
 much blood and treasure in erecting the temple of liberty; 
 and when nothing more was wanting but thirteen pillars to 
 support the stately edifice, they supinely neglected this essen- 
 tial part; so has the whole become one mighty heap of ruins, 
 and slavery is entailed on their unhappy offspring." God 
 forbid that this should ever be the case! 
 
 Do any of my fellow citizens ask, how may we avert the 
 inpending danger? The answer is obvious; let us adopt that 
 federal constitution, which has been earnestly recommended 
 by a convention of patriotic sages, and which, while it gives 
 energy to our government, wisely secures our liberties. This 
 constitution, my friends, is the result of four months' deliber- 
 ation, in an assembly composed of men whose known integ- 
 rity, patriotism and abilities justly deserve our confidence; let 
 
An Antifederalist Rebuked. 129 
 
 us also remember that the illustrious Washington was theii 
 President. And shall we, my fellow citizens, render all their 
 measures ineffectual by withholding our concurrence? The 
 preservation of ourselves and our country forbid it. Me- 
 thinks I hear every hill from St. Croix to the Mississippi re- 
 echo the praises of this simple but excellent constitution. 
 
 Having once adopted this truly federal form of government. 
 Dean Tucker and all the divines in England may prophecy 
 our downfall if they will, we shall not regard them. Then 
 shall commerce revisit our shores; then shall we take a dis- 
 tinguished rank among the nations of the earth; then shall 
 our husbandmen and mechanics of every denomination enjoy 
 the fruits of their industry ; and then, and not till then, shall 
 we be completely happy. A Pennsylvania Farmer. 
 
 Bucks County^ Sept. 22, 1787.* 
 
 For the Independent Gazetteer. 
 
 Mr. Oswald: An anonymous scribbler, in the Freeman^ s, 
 Journal of last Wednesday, has daringly attacked the new 
 federal constitution, in making objections to supposed faults 
 or defects therein, which this mock-patriot himself acknow- 
 ledges to be trivial and of very small importance. Why then 
 in the name of wonder has he started them at this awful 
 crisis, when the fate of America depends on the unanimity 
 of all classes of citizens in immediately establishing this 
 hitherto unequalled, and I am happy to add, this popular 
 form of government? Certainly, with a design to sow dissen- 
 sions among the weak, the credulous and the ignorant, since 
 no other effect can be produced by his antifederal remarks at 
 this stage of the business. 
 
 I repeat it, sir, the proposed Federal Constitution is a mas- 
 ter-piece in politics, and loudly proclaims the wisdom of its 
 authors. But, even if it were imperfect, none of my fellow- 
 citizens are stupid enough to think it, like the laws of the 
 Medes and Persians, irrevocable and unalterable — no, it has 
 one article which wisely provides for future amendments and 
 alterations whenever they shall appear necessary. I can easily 
 
 * Independent Gazetteer, Sept. 27, 1787. 
 
130 Before the Meeting of the Convention. 
 
 perceive that the author of these silly remarks is the same 
 person who attacked the Convention, under the signature 
 of "Z," before the result of their deliberations was known. 
 Need we wonder, then, to find him carping at their works 
 when published? 
 
 This antifederalist should reflect that his name may yet be 
 known and himself branded with infamy as an enemy to the 
 happiness of the United States. I would therefore advise 
 him to choose some other subject for his remarks in future, 
 if he wishes to escape the just resentment of an incensed peo- 
 ple, who perhaps may honor him with a coat of 
 
 Tar and Feathers. * 
 
 For the Independent Gazetteer. 
 
 That the opinion of the people becomes of great moment, 
 either to impart applause or obtain condemnation on those 
 who have been signally employed in national service, is a 
 maxim established by experience; but it is generally best 
 understood and attended to by men of base intentions, who 
 to favor some deep design, take care to varnish out a scheme 
 of deception with apparent colors of truth, whereby the mul- 
 tudes seeing the object through false colors alone, are often 
 ensnared and led to adopt sentiments repugnant to their dear- 
 est interest. In the Freeman's fournal of Wednesday last, 
 a writer well acquainted with this principle has with daring 
 effrontery attempted to make strictures on our new constitu- 
 tion, in order to tarnish with his corrosive ink extracted 
 from an antifederal heart the lustre of our august Convention. 
 Instigated either by private designs of some party or by 
 hatred to the national character of America, he has set out, 
 with the nimble feet of counterfeit probity, to exhibit imagin- 
 ary defects, and to raise in the mind of the unthinking citi- 
 zens groundless conjectures, which, if not checked in time, 
 may become so deeply seated that the joint force of truth and 
 pure demonstration can scarce be able to erase them, or 
 until, perhaps, the injury done to our country be of such 
 magnitude that it will be equally indifferent whether the de- 
 ception be or be not discovered. 
 
 * Independent Gazetteer, Sept. 28, 1787. 
 
An Antifederalist Rebuked. 131 
 
 In the exordium he says: "The writer of the following re- 
 marks has the happiness and respectability of the United 
 States much at heart, and it is with pleasure he has seen a 
 system promulged by the late Convention, which promises to 
 ensure those blessings; but as perfection is not in the lot of 
 human nature, we are not to expect it in the new federal con- 
 stitution. Candor must confess, however, that it is a well- 
 wrought piece of stuff, and claims upon the whole the appro- 
 bation of all the States. Our situation is critical and de- 
 mands our immediate care. It is therefore to be hoped that 
 every State will be speedy in calling a convention — ^speedy, 
 because the business is momentous and merits the utmost 
 deliberation." It is pleasant to observe with what affected 
 tenderness and diffidence this writer attempts to remark upon 
 the imperfections of our new constitution; but, with all his 
 candor in allowing it to be a well-wrought piece of stuff, I fear 
 there are some who will be apt to think that his design is to 
 seduce the people; as the devil is painted in his temptation 
 of Saint Anthony in the modest habit of a fair face and the 
 charming form of virgin innocence, but his cloven foot is 
 very visible to those who can take their eyes off the object of 
 seduction. "It is therefore to be hoped (says he) that every 
 State will be speedy in calling a convention" — but for 
 what? Why to follow the example of this writer, to remark 
 upon and to condemn several articles of the new constitution, 
 and finally to reject the whole of such a well-wrought piece 
 of stuff. I appeal to the understanding, and ask, is not this 
 the language and true meaning of the writer? 
 
 Before he begins his futile remarks, he says: "The follow- 
 ing strictures on the proposed constitution are submitted with 
 diffidence. Excepting a single instance, they regard points 
 of an inferior magnitude only; and as the writer is not pos- 
 sessed of any of the reasons which influenced the convention, 
 he feels the more diffident in offering these remarks." Here 
 is a matter of curiosity, undoubtedly; this gentleman is not 
 possessed of any of the reasons which influenced the convention, 
 and yet, I affirm it, there is not another person in America 
 besides himself unacquainted with them. There is not a man 
 
132 Before the Meeting of the Convention. 
 
 in America or even in Europe possessed of common sense that 
 has heard of the meeting of that honorable body, but knows 
 the reasons and motives which influenced every member of 
 it. Yes, the very enemies of America known them well, and 
 will, I trust, soon feel their effects to their mortification. 
 The reasons and motives which influenced the convention 
 were: "To form a more perfect union, establish justice, en- 
 sure domestic tranquillity, provide for the common defence, 
 promote the general welfare, and to secure the blessings of 
 liberty to themselves and their posterity, and to promote the 
 lasting welfare of that country so dear to us all. ' ' These, I 
 say, were their motives; and where is the wretch so base as 
 to suppose they were influenced by any other. Perhaps the 
 writer may pretend to say that he meant no more in this 
 paragraph than he is not possessed of any of the reasons which 
 influenced the convention to adopt those articles on which he has 
 thought proper to make his strictures. Now if this were his 
 meaning, the general answer given above will still apply; for 
 the same motives which influenced the convention to frame 
 the whole body of this noble constitution, must necessarily 
 have influenced them in framing every article of it, namely, 
 the good of their country. Is not such a writer either an in- 
 sidious enemy to his coimtry or wilfully wicked? 
 
 But let us examine what he has to say against the constitu- 
 tion, and we will find that his objections are groundless and 
 absurd. His first remark is upon Art. I, Sec. 3 : " The num- 
 ber of Representatives shall not exceed one for every 30,000." 
 After exhibiting a long paragraph of unmeaning sentences in 
 the discussion of this subject, he concludes: "In America 
 representation ought to be in a ratio with population." Now 
 the very article against which he objects manifestly provides 
 that the representation shall be in the direct ratio of the 
 population. It seems to me that this gentleman's idea of the 
 term ratio is to be explained by some learned definition of his 
 own, with which I hope he will soon favor the literati; and 
 then perhaps he will demonstrate the representation in Amer- 
 ica must increase in the duplicate ratio or proportion of the 
 number of inhabitants. Such a learned Antifederal gentle- 
 man ! O princeps asinorum ! 
 
An Antifederalist Rebuked. 133 
 
 It would indeed be spending time in a useless manner to 
 remark upon all his strictures, which are equally erroneous. 
 I shall therefore pass over his second and third, and conclude 
 with taking some notice of his fourth or last remark, which 
 is on Art. Ill, Sec. 2: ''''The trial of all crimes^ except in cases 
 of impeachment^ shall be by jury. I sincerely wished," says 
 he, "the convention had said a jury of thirteen, a majority of 
 whom shall determine the verdict. Is it not extravagantly 
 absurd to expect that twelve men shall have but one opinion 
 among them upon the most difficult case? Common sense 
 revolts at the idea, while conscience shudders at the prostitu- 
 tion of an oath thus sanctioned by law! Starve or be perjuredl 
 say our courts. The monstrous attachment of the people to 
 an English jury show how far the force of prejudice can go; 
 and the encomiums which have been so incessantly lavished 
 upon it should caution us against borrowing from others, 
 without the previous conviction of our own minds. ' ' Here 
 is a complete specimen of this man of diffidence and candor; 
 here we see him throwing off the mask, and stepping forth 
 with dauntless courage, and attacking, with philosophical 
 declamation, the first privilege of freemen — the noblest article 
 that ever entered the constitution of a free country — a jewel 
 whose transcendant lustre adds dignity to human nature. 
 No, sir, common sense does not revolt at the idea; common 
 sense and experience confirm the excellency of this law every 
 day; in short, your own condemnation of it is manifestly a 
 negative proof of its goodness. Sit perpetua hac lex. But 
 plunge this Janus, this double-faced wretch (who, under the 
 pretence of patriotism and candor, writes only with a view to 
 embarrass the mind, and so prevent the adoption of the new 
 constitution), into the mines a thousand yards deep; and there 
 let the injured ghost of Columbia incessantly torment the 
 monster. Nestor.* 
 
 To the Printer of the Independent Gazetteer. 
 
 Sir: I am a Federal Man in the truest sense of the word. 
 I wish to see the United States in possession of a general 
 
 * Independent Gazetteer, Sept. 29, 17S7. 
 
134 Before the Meeting of the Convention. 
 
 government, which may ensure to them strength and liberty 
 at home and respectability abroad. But I do not agree with 
 a writer in your paper of this day that every person who ob- 
 jects to some parts, or even to the whole of the aristocratical 
 plan proposed by the late convention, ought to have "a 
 coat of tar and feathers.'''' Tar and feathers, I believe, 
 never made a convert to any system whatever, whether reli- 
 gious or political; and that must be a most noble form of 
 government indeed which requires such infamous measures 
 to support and establish it! That would be a mob govern- 
 ment with a witness. 
 
 At the glorious period of our Independence the newspapers 
 were filled with publications against as well as for that salu- 
 tary measure, and I am clearly of opinion that the LIBERTY 
 OF THE PRESS— the great bulwark of all the liberties of 
 the people — ought never to be restrained (notwithstanding 
 the honorable convention did not think fit to make the least 
 declaration in its favor) and that on every occasion truth and 
 justice should have Fair Play.* 
 
 2,%thSept., 1787. 
 
 The inhabitants of the Old World, says a correspondent, 
 have long been looking at America to see whether liberty 
 and a republican form of government are worth contending 
 for. The United States are at last about to try the experi- 
 ment. They have formed a constitution, which has all the 
 excellencies, without any of the defects, of the European 
 governments. This constitution has been pronounced by 
 able judges to be the wisest, most free and most eflScient of 
 any form of government that ancient or modern times have 
 produced. The gratitude of ages only can repay the enlight- 
 ened and illustrious patriots for the toil and time they have 
 bestowed in framing it. 
 
 It is remarkable that while the federal government lessens 
 the power of the States it increases the privileges of individ- 
 uals. It holds out additional security for liberty, property 
 and life in no less than five different articles which have no 
 
 * Independent Gazetteer, Sept. 29, 1787. 
 
Washington for President. 135 
 
 place in any one of the State constitutions. It moreover 
 provides an efifectual check to the African trade in the 
 course of one-and-twenty years. How honorable to America 
 — to have been the first Christian power that has borne a tes- 
 timony against a practice that is alike disgraceful to religion 
 and repugnant to the true interests and happiness of society! 
 George Washington, Esq., has already been destined by a 
 thousand voices to fill the place of the first President of the 
 United States under the new frame of government. While 
 the deliverers of a nation in other countries have hewn out a 
 way to power with the sword or seized upon it by stratagems 
 and fraud, our illustrious hero peaceably retired to his farm 
 after the war, from whence it is expected he will be called 
 by the suffrages of three millions of people to govern that 
 country by his wisdom (agreeable to fixed laws) which he 
 had previously made free by his arms. Can Europe boast of 
 such a man ? or can the history of the world show an instance 
 of such voluntary compact between the deliverer and the de- 
 livered of any country as will probably soon take place in the 
 United States?* 
 
 Mr. Oswald : I have never interested myself much in the 
 politics of the State, from an idea that the difference between 
 a Constitutionalist and a Republican was of so trifling a nature 
 that it was not worth interesting myself in. I have asked 
 some of the parties what they were contending for: was it 
 the bare name, a shadow, or was there a substance in view? 
 but found they could not tell. It then appeared to me like 
 two men worshipping the same being, but different in the 
 mode, as there were many valuable and worthy men in each 
 party who were worthy members of Republican government. 
 
 I have seen with astonishment "« land^^'' I may say, 
 '■'■flowing with milk and honey, ^^ a country that can boast of 
 more natural advantages than perhaps any other on the face 
 of the globe, a-going to destruction from the factions and bad 
 policy of its inhabitants: I viewed with pleasure the meeting 
 of the late Federal Convention; a convention composed of 
 
 * Pennsylvania Packet, Sept. 27, 1787. 
 
136 Before the Meeting of the Convention. 
 
 our wisest and best men — men perhaps unequaled for wisdom 
 and virtue, with Washington at their head, as the only thing 
 that could save a distressed people from destruction, and from 
 falling an easy prey to foreign powers. The Convention has 
 given us a constitution perhaps superior to any upon earth, 
 and notwithstanding its excellence, it meets the opposition 
 of a factious few, whose lives and conduct have been filled 
 with dissimulation and deceit. These few men have had 
 address sufficient to sway the judgment of nineteen of their 
 creatures, members of the late General Assembly, whose names 
 will be handed down with infamy to posterity. On Friday 
 last, when a vote was to be taken of the utmost importance to 
 Pennsylvania, and to keep them from attending the house 
 contrary to their positive oaths, contrary to religion and 
 virtue, and contrary to the real interest of their constituents, 
 who have unfortunately placed a- mistaken confidence in their 
 integrity and patriotism, and who were paying them for their 
 attendance and service as their representatives. 
 
 The people will now be convinced that the leaders of this 
 party have not, nor never had, the real interest of Pennsyl- 
 vania in view; they have clearly shown that their attachments 
 to the Constitution were from its elasticity — they have turned 
 it, and twisted it, as their interest and party views required, 
 into a thousand shapes ; and all under the mask of supporting 
 it, have created offices, officers, and place-men to strengthen 
 their party. They have, under a funding bill, loaded the 
 State with debts she never contracted, debts of the neighbor- 
 ing states, in order to enrich a few individuals in Philadel- 
 phia. In short, their conduct has been such as show the 
 only spark of patriotism they have is the bare name; I would 
 advise the leaders of this party to take care how they con- 
 duct themselves in future, to offer no more injuries — they are 
 well known. The people of Pennsylvania are an easy, good 
 people; but they are a spirited people. I^et those enemies to 
 the State and to the United States recollect how Doctor 
 Kearsley was treated in 1775, for his abuses of the people. 
 They may probably share the same fate he did. 
 
 The Federal constitution no doubt will put an end to all 
 
Some Benefits of Federal Government. 137 
 
 parties, if it is adopted, as it clearly will. Offices and officers 
 will not be so numerous, nor offices so valuable, as to make it 
 the interest of the people to neglect their business in pursuit of 
 them. The large sums of money paid to a set of supernumer- 
 ary officers and members of Assembly and Executive Council, 
 will serve to pay our foreign and domestic debts. Our credit 
 at home and abroad will revive; our treasury will be enabled 
 to pay the real creditor, and the Federal treasury, by imposts 
 and indirect taxation, which will not be felt by the people, 
 will be enabled to answer all demands that may be upon it. 
 British gold could not have done more injury to Pennsylvania 
 than a few party men in Philadelphia have done, under the 
 mask of friends to the Constitution and friends to the peo- 
 ple. The grievance is great, and must be redressed. The 
 only cure for it is to lay hold of the heads of the faction, do 
 justice to yourselves, inflict the punishment on their persons 
 equal to their demerits, which, by the bye, will not be a small 
 one, and you will soon settle and cure the disease, and after- 
 wards be a happy people. A Mechanic. * 
 
 To the Printer of the Independent Gazetteer. 
 
 Sir: When we had the honor of addressing you, a few 
 days since, we hoped our caution to the modern Tories, alias 
 Anti-Federalists, might not be amiss. It has, however, 
 attracted the notice of your correspondent, "Fair Play," 
 who observes that "we never made a convert, either in relig- 
 ion or politics." Well, sir, it is granted. We would ask 
 this gentleman, whether the sword, either of war or of justice, 
 has ever made proselytes to any opinion ? Certainly not in a 
 greater degree than we have. Yet it is often found expedient 
 to use these means (in punishing those on whom remon- 
 strance and reason were thrown away) for the same purpose 
 that Jehovah sent the deluge in Noah's days. I^aughable 
 indeed would it be, to suppose that no villain, ho]vever dig- 
 nified among villains, ought to be punished, but with a view 
 to reclaim him ; there is a point of more consequence to be 
 considered, and that is to expel from society a monster who is 
 unfit to associate with men, and thereby to deter others from 
 
 *Independent Gazetteer, Oct. 2, 17S7. 
 
138 Before the Meeting of the Convention. 
 
 treading in his steps. That we have frequently, during the 
 Revolution, terrified the Tories^ or Antifederalists of those 
 times, into a moderate line of conduct, is well known. True, 
 indeed, we did not make many converts to Whiggism 
 (although we have often decorated the backs of those gentry) ; 
 neither did the sword. 
 
 If you trace our history, sir, you will find that we have been 
 faithful allies to America, throughout the late war ; but were 
 never well relished by the Tories^ and a few sham, or luke- 
 warm Whigs. Should our country again demand our aid, we 
 shall cheerfully obey the summons. At the same time permit 
 us to declare, that we will never attack any real friend to 
 America, however difierent his sentiments may be from the 
 throng; nor will we ever assist in shackling the liberty of the 
 press, but on the contrary, will exert ourselves to the last, in 
 defence of that most invaluable privilege of freemen. 
 
 When, on Friday last, eighteen or nineteen human asses, 
 who are a disgrace to Pennsylvania, basely deserted the trust 
 reposed in them, by an unwarrantable revolt from the assem- 
 bly, we confess candidly that nothing could have given us 
 more pleasure than to have been employed in chastising these 
 disciples of Shays, wretches who were not influenced in their 
 defection by the laudable motives which actuated the citizens 
 of Rome, when they revolted, and were appeased by the in- 
 stitution of those popular magistrates, styled tribunes ; nor by 
 that patriotic spirit, which prompted the illustrious English 
 Barons to extort ' ' Magna Charta ' ' from their tyrannical King 
 John. No, sir, those tools of sedition, whose ignorance is still 
 greater than their obstinacy, evidently copied after those 
 despicable incendiaries. Jack Straw and Wat Tyler, in en- 
 deavoring to introduce anarchy into these States, that they 
 might be an easy prey to their lord and master, Daniel Shays. 
 Against such traitors to their delegated trust, we would will- 
 ingly be engaged. 
 
 To conclude, we cannot help lamenting the monstrous in- 
 gratitude of the Americans in neglecting many of the best 
 friends of the revolution, and among the rest, their faithful 
 allies. Tar and Feathers.* 
 
 ♦Independent Gazetteer, Oct. 2, 1787. 
 
'•'Tar and Feathers''' Rebuked. I39 
 
 To the Printer of the Independent Gazetteer. 
 
 Sir: Your correspondent, who has assumed the signature 
 of "Tar and Feathers," seems to allow that his mode of ad- 
 ministering justice never made a convert, yet persists in his 
 diabolical plan of endeavoring to inflame the minds of the 
 people against those who happen to differ from him on politi- 
 cal subjects. Perhaps, like the fox who lost his tail and strove 
 to persuade the rest of his species to have theirs cut off also, 
 he himself has undergone the discipline he is now so anxious 
 to bestow on others. I wonder whether this gentleman 
 (though I much doubt he has any claim to the epithet) ever 
 had the honor of bearing either "the sword of war or of jus- 
 tice. ' ' One would be apt to conclude he never had ; otherwise, 
 he could not be so destitute of those excellent qualifications 
 which constitute the character of a good soldier and an im- 
 partial judge. Generous minds will ever rouse with indigna- 
 tion against such monsters as wish to interrupt the peace of 
 society by flying in the face of all law and authority; and I 
 must confess the new constitution comes in a very ' ' question- 
 able shape, ' ' when attended with such furious advocates as 
 "Tar and Feathers." Brave men and good citizens will 
 never associate with the most abandoned of the humam 
 species, for such we must deem those creatures who contend 
 for mob govetnments, to abuse an individual because he enter- 
 tains a different opinion from themselves, or because he has 
 firmness and honesty enough to show his own sentiments. 
 None but the mere echoes and tools of party and faction would 
 engage in such dirty business. 
 
 It is a fact, I believe, that will not be denied, that many of 
 those who arrange themselves under the banner of those who 
 call themselves Federalists^ were either downright Tories^ 
 lukewarm Whigs, or disaffected to the cause of America and 
 the revolution, and who now eagerly wish to seize the present 
 opportunity to gratify their revenge and to retaliate on the 
 real Whigs of 1775 and 1776. And I am more inclined to 
 espouse this opinion, because the author of "Tar and Feath- 
 ers" aims to destroy the distinction of Whig and Tory, and 
 to establish one more odious, viz.: Federalists and Anti- 
 Federalists. 
 
•^4° Before the Meeting of the Convention. 
 
 The new friends to the tarring and feathering system seem 
 to direct their resentment against the Tories. '"'' Laughable 
 indeed would it be to suppose'''' that they had not well exam- 
 ined and sought for z.few of that class of beings among their 
 own party to begin with. Ivook at home first, Mr. Tar and 
 Feathers.^ and try to work a reformation there before you 
 begin to deal damnation abroad. There invoke the Great 
 Jehovah to forgive thy past crimes and follies; and presume 
 no more, thou blasphemous wretch, to compare your infamous 
 doctrine of expedients with the purpose of that Deity, "who 
 sent the deluge in the days of Noah. ' ' 
 
 I shall conclude for the present, Mr. Oswald, with observing 
 that I consider this demon of discord as some cowardly "z^z7- 
 /«?'«," '"'■ however dignified among villains'''' — some ferocious 
 monster, whose nerves do not admit of his heading a tarring 
 and feathering mob, but who, at the same time, would rejoice 
 to see anarchy and confusion prevailing and triumphing over 
 peace and good order among the citizens of Philadelphia. 
 
 Fair Play. * 
 
 We are authorized to declare that the two first pieces pub- 
 lished in our paper, signed Tar and Feathers, were received 
 from a different quarter from the two last under the same sig- 
 nature; and that therefore no part of the reply by Fair Play 
 was intended for the author of the two first. He only meant 
 in general to reprobate the idea of raising a commotion 
 among the citizens, f 
 
 A correspondent informs us that a letter has lately been 
 written to the Stadtholder of Holland, inviting him to come 
 over to America, where there is shortly to be a vacancy. It 
 is to be hoped that, as he is so ill-treated by his own country- 
 men, he will be induced to accept the invitation. 
 
 Another correspondent observes that although the tide 
 seems to run so high at present in favor of the new constitu- 
 tion, there is no doubt but the people will soon change their 
 
 * Independent Gazetteer, Oct. 4, 1787. 
 f Independent Gazetteer, Oct. 6, 1787. 
 
An Antifederal View of '■'■The Blessings^ 141 
 
 minds when they have had time to examine it with coolness 
 and impartiality. 
 
 Among the blessings of the new proposed government, our 
 correspondent enumerates the following: i. The liberty of 
 the press abolished. 2. A standing army. 3. A Prussian 
 militia. 4. No annual elections. 5. Five-fold taxes. 6. No 
 trial by jury in civil cases. 7. General search warrants. 8. 
 Excise laws, custom-house officers, tide and land waiters, 
 cellar rats, etc. 9. A free importation of negroes for one 
 and twenty years. 10. Appeals to the supreme continental 
 courts, where the rich may drag the poor from the further- 
 most parts of the continent. 11. Elections for Pennsylvania 
 held at Pittsburg, or perhaps Wyoming. 12. Poll taxes for 
 our heads, if we choose to wear them. 13. And death if we 
 dare to complain. 
 
 A correspondent who sees with horror the low ribaldry 
 which is daily published against Messrs. Whitehill, Findley 
 and other virtuous characters, cannot but lament the blind- 
 ness of those who smile at such wretched productions. I^et 
 us suppose for a moment that the scene is reverted and that 
 a piece is published in which Robert Morris is styled a ras- 
 cal, Thomas Fitzsimons a scoundrel, George Clymer a vain 
 fool, etc. , a cry of scandalum magnatum will immediately be 
 raised — the people will take the part of the well-born^ not 
 from respect or love for their virtues^ but from reverence for 
 their WEAI,TH. O altitudo divitiarum ! 
 
 A correspondent with pleasure informs the public that 
 John Franklin^ of Luzerne county, a refractory member of 
 our late Assembly, was taken a few days ago by a few of the 
 old continental officers, and is now safely lodged with Cap- 
 tain Reynolds in the gaol of this city, where he is to remain 
 without bail or main-prize, until he is impeached with the 
 infamous nineteen "members who had the audacity to attempt 
 the breaking up of the Jate House of Assembly at the close of 
 the last session, after wasting ;^io67 los. of the public's 
 money, without finishing any part of the business the House 
 had been sitting upon. * 
 
 * Independent Gazetteer, Oct. 6, 1787. 
 
142 Before the Meeting of the Convention. 
 
 Mr. Oswald : I have put on my spectacles and read with at- 
 tention the proposed federal constitution, and find that the 
 right of citizenship, if it is adopted, will meet with a very 
 material change in one clause in the tenth section, "No 
 person except a natural born citizen of the United States, at 
 the time of the adoption of this constitution, shall be eligible 
 to the office of President; neither shall any person be eligible 
 to that ofiice who shall not have attained to the age of thirty- 
 five years and been fourteen years a resident within the 
 United States. ' ' Now, I would only ask if this is not very 
 improper? The Americans ought not to be governors, they 
 ought to be governed — let them cultivate the soil, and Eu- 
 ropeans govern. What American in the United States is 
 capable of governing or being President? O! it is a horrid 
 constitution! Methinks the whole of it is damnable. What 
 do you think, Mr. Oswald? A Gaul.* 
 
 According to advertisement, a very great concourse of peo- 
 ple attended at the state-house on Saturday evening, to fix 
 on a ticket of representatives for the ensuing General Assem- 
 bly. 
 
 Mr. Nixon was chosen chairman and Mr. Tench Coxe sec- 
 retary of the meeting. 
 
 Mr. Jackson having spoken, Mr. Gurney reported from a 
 committee that had been previously appointed, the following 
 names, which were separately offered to the consideration of 
 the citizens and approved of, viz.: William Will, Thomas 
 Fitzsimons, George Clymer, Jacob Hiltzheimer, William 
 Lewis. 
 
 On motion of Mr. Donaldson, the citizens of the respective 
 wards were requested to meet on Monday evening to appoint 
 proper persons for making out and circulating a sufficient 
 number of tickets in favor of the above persons. 
 
 Mr. Wilson then rose and delivered a long and eloquent 
 speech upon the principles of the federal constitution as pro- 
 posed by the late convention. The outlines of this speech 
 we shall endeavor to lay before the public, as tending to re- 
 
 * Independent Gazetteer, Oct. 9, 1787. 
 
Wilson'' s State House Speech. 143 
 
 fleet great light upon the interesting subject now in general 
 discussion. ' 
 
 Mr. Chairman and Fellow Citizens : Having received the 
 honor of an appointment to represent you in the late conven- 
 tion, it is perhaps my duty to comply with the request of 
 many gentlemen whose characters and judgments I sincerely 
 respect, and who have urged that this would be a proper oc- 
 casion to lay before you any information which will serve to 
 explain and elucidate the principles and arrangements of the 
 constitution that has been submitted to the consideration of 
 the United States. I confess that I am unprepared for so 
 extensive and so important a disquisition; but the insidious 
 attempts which are clandestinely and industriously made to 
 pervert and destroy the new plan,"induce me the more readily 
 to engage in its defence; and the impressions of four months' 
 constant attention to the subject, have not been so easily 
 eflFaced as to leave me without an answer to the objections 
 which have been raised. 
 
 It will be proper, however, before I enter into the refutation 
 of the charges that are alleged, to mark the leading discrim- 
 ination between the State constitutions and the constitution 
 of the United States. When the people established the powers 
 of legislation under their separate governments, they invested 
 their representatives with every right and authority which 
 they did not in explicit terms reserve; and therefore upon 
 every question respecting the jurisdiction of the House of 
 Assembly, if the frame of government is silent, the jurisdic- 
 tion is efficient and complete. But in delegating federal 
 powers, another criterion was necessarily introduced, and the 
 congressional power is to be collected, not from tacit implica- 
 tion, but from the positive grant expressed in the instrument 
 of the union. Hence, it is evident, that in the former case 
 everything which is not reserved is given ; but in the latter 
 the reverse of the proposition prevails, and everything which 
 is not given is reserved. 
 
 This distinction being recognized, will furnish an answer 
 to those who think the omission of a bill of rights a defect 
 in the proposed constitution; for it would have been super- 
 
144 Before the Meeting of the Convention. 
 
 fluous and absurd to have stipulated with a federal body 
 of our own creation, that we should enjoy those privileges 
 of which we are not divested, either by the intention or 
 the act that has brought the body into existence. For 
 instance, thp liberty of the press, which has been a copious 
 source of declamation and opposition — what control can pro- 
 ceed from the Federal government to shackle or destroy that 
 sacred palladium of national freedom ? If, indeed, a power 
 similar to that which has been granted for the regulation of 
 commerce had been granted to regulate literary publications, 
 it would have been as necessary to stipulate that the liberty 
 of the press should be preserved inviolate, as that the impost 
 should be general in its operation. With respect like- 
 wise to the particular destrict of ten miles, which is to be 
 made the seat of federal government, it will undoubtedly be 
 proper to observe this salutary precaution, as there the legis- 
 tive power will be exclusively lodged in the President, 
 Senate, and House of Representatives of the United States. 
 But this could not be an object with the Convention, for it 
 must naturally depend upon a future compact, to which the 
 citizens immediately interested will, and ought to be, parties; 
 and there is no reason to suspect that so popular a privilege 
 will in that case be neglected. In truth, then, the proposed 
 system possesses no influence whatever upon the press, and it 
 would have been merely nugatory to have introduced a 
 formal declaration upon the subject — nay, that very declara- 
 tion might have been construed to imply that some degree of 
 power was given, since we undertook to define its extent. 
 
 Another objection that has been fabricated against the new 
 constitution, is expressed in this disingenious form — "The 
 trial by jury is abolished in civil cases." I must be excused, 
 my fellow citizens, if upon this point I take advantage of my 
 profe.ssional experience to detect the futility of the assertion. 
 Let it be remembered then, that the business of the Federal 
 Convention was not local, but general — not limited to the 
 views and establishments of a single State, but co-extensive 
 with the continent, and comprehending the views and estab- 
 lishments of thirteen independent sovereignities. When, 
 
Wilson on Jury Trial. 145 
 
 therefore, this subject was in discussion, we were involved in 
 difl&culties which pressed on all sides, and no precedent could 
 be discovered to direct our course. The cases open to a trial 
 by jury differed in the different States. It was therefore im 
 practicable, on that ground, to have made a general rule 
 The want of uniformity would have rendered any reference 
 to the practice of the States idle and useless; and it could 
 not with any propriety be said that, "The trial by jury shall 
 be as heretofore," since there has never existed any federal 
 system of jurisprudence, to which the declaration could 
 relate. Besides, it is not in all cases that the trial by jury is 
 adopted in civil questions; for cases depending in courts of 
 admiralty, such as relate to maritime captures, and such as 
 are agitated in courts of equity, do not require the interven- 
 tion of that tribunal. How, then was the line of discrimina- 
 tion to be drawn ? The Convention found the task too diffi- 
 cult for them, and they left the business as it stands, in the 
 fullest confidence that no danger could possibly ensue, since 
 the proceedings of the Supreme Court are to be regulated 
 by the Congress, which is a faithful representation of the 
 people; and the oppression of government is effectually 
 barred, by delaring that in all criminal cases the trial by jury 
 shall be preserved. 
 
 This constitution, it has been further urged, is of a perni- 
 cious tendency, because it tolerates a standing army in the 
 time of peace. This has always been a topic of popular 
 declamation; and yet I do not know a nation in the world 
 which has not found it necessary and useful to maintain the 
 appearance of strength in a season of the most profound 
 tranquility. Nor is it a novelty with us; for under the pres- 
 ent articles of confederation, Congress certainly possesses 
 this reprobated power, and the exercise of that power is 
 proved at this moment by her cantonments along the banks 
 of the Ohio. But what would be our national situation were 
 it otherwise? Every principle of policy must be subverted, 
 and the government must declare war, before they are pre- 
 pared to carry it on. Whatever may be the provocation, 
 however important the object in view, and however necessary 
 
146 Before the Meeting of the Convention. 
 
 dispatch and secrecy may be, still the declaration must pre- 
 cede the preparation, and the enemy will be informed of your 
 intention, iiot only before you are equipped for an attack, 
 but even before you are fortified for a defence. The conse- 
 qiience is too obvious to require any further delineation, and 
 no man who regards the dignity and safety of his country can 
 deny the necessity of a military force, under the control and 
 with the restrictions which the new constitution provides. 
 
 Perhaps there never was a charge made with less reasons 
 than that which predicts the institution of a baneful aristoc- 
 racy in the federal Senate. This body branches into two 
 characters, the one legislative and the other executive. In 
 its legislative character it can effect no purpose, without the 
 co-operation of the House of Representatives, and in its 
 executive character it can accomplish no object without the 
 concurrence of the President. Thus fettered, I do not know 
 any act which the Senate can of itself perform, and such 
 dependence necessarily precludes every idea of influence and 
 superiority. But I will confess that in the organization of 
 this body a compromise between contending interests is 
 descernible; and when we reflect how various are the laws, 
 commerce, habits, population and extent of the confederated 
 States, this evidence of mutual concession and accommoda- 
 tion ought rather to command a generous applause, than to 
 excite jealousy and reproach. For my part, my admiration 
 can only be equalled by my astonishment in beholding so 
 perfect a system formed from such heterogeneous materials. 
 
 The next accusation I shall consider is that which repre- 
 sents the federal constitution, as not only calculated, but. 
 designedly framed, to reduce the State governments to mere 
 corporations, and eventually to annihilate them. Those who 
 have employed the term corporation upon this occasion are 
 not perhaps aware of its extent. In common parlance, 
 indeed, it is generally applied to petty associations for the 
 ease and convenience of a few individuals; but in its enlarged 
 sense, it will comprehend the government of Pennsylvania, 
 the existing union of the States, and even this projected 
 system is nothing more than a formal act of incorporation. 
 
Wilson on ^^ State Rights^ 147 
 
 But upon what pretence can it be alleged tliat it was designed 
 to annihilate the State governments ? For I will undertake 
 to prove that upon their existence depends the existence of 
 the Federal plan. For this purpose, permit me to call your 
 attention to the manner in which the President, Senate and 
 House of Representatives are proposed to be appointed. The 
 President is to be chosen by electors, nominated in such 
 manner as the legislature of each State may direct; so that if 
 there is no legislature there can be no electors, and conse- 
 quently the office of President cannot be supplied. 
 
 The Senate is to be composed of two Senators from each 
 State, chosen by the Legislature; and, therefore, if there is 
 no Legislature, there can be no Senate. The House of Repre- 
 sentatives is to be composed of members chosen every second 
 year by the people of the several States, and the electors in 
 each State shall have the qualifications requisite for electors 
 of the most numerous branch of the State Legislature; un- 
 less, therefore, there is a State Legislature, that qualification 
 cannot be ascertained, and the popular branch of the federal 
 constitution must be extinct. From this view, then, it is 
 evidently absurd to suppose that the annihilation of the 
 seperate governments will result from their union; or, that 
 having that intention, the authors of the new system would 
 have bound their connection with such indissoluble ties. Let 
 me here advert to an arrangement highly advantageous, for 
 you will perceive, without prejudice to the powers of the 
 Legislature in the election of Senators, the people at large 
 will acquire an additional privilege in returning members to 
 the House of Representatives; whereas, by the present con- 
 federation, it is the Legislature alone that appoints the dele- 
 gates to Congress. 
 
 The power of direct taxation has likewise been treated 
 as an improper delegation to the federal government; but 
 when we consider it as the duty of that body to provide for 
 the national safety, to support the dignity of the union, and 
 to discharge the debts contracted upon the collected faith of 
 the States for their common benefit, it must be acknowledged 
 that those upon whom such important obligations are im- 
 
148 Before the Meeting of the Convention. 
 
 posed, ought in justice and in policy to possess every means 
 requisite for a faithful performance of their trust. But why 
 should we be alarmed with visionary evils? I will venture 
 to predict that the great revenue of the United States must, 
 and always will, be raised by impost, for, being at once less 
 obnoxious and more productive, the interest of the govern- 
 ment will be best promoted by the accommodation of the 
 people. Still, however, the objects of direct taxation should 
 be within reach in all cases of emergency; and there is no 
 more reason to apprehend oppression in the mode of collect- 
 ing a revenue from this resource, than in the form of an 
 impost, which, by universal assent, is left to the authority of 
 the federal government. In either case, the force of civil 
 institutions will be adequate to the purpose; and the dread 
 of military violence, which has been assiduously disseminated, 
 must eventually prove the mere effusion of a wild imagina- 
 tion or a factious spirit. But the salutary consequences that 
 must ilow from thus enabling the government to receive and 
 support the credit of the union, will afford another answer to 
 the objections upon this ground. The State of Pennsylvania 
 particularly, which has encumbered itself with the assump- 
 tion of a great proportion of the public debt, will derive con- 
 siderable relief and advantage; for, as it was the imbecility 
 of the present confederation which gave rise to the funding 
 law, that law must naturally expire, when a competent and 
 energetic federal system shall be substituted — the State will 
 then be discharged from an extraordinary burthen, and the 
 national creditor will find it to be his interest to return to his 
 original security. 
 
 After all, my fellow-citizens, it is neither extraordinary or 
 unexpected that the constitution offered to your consideration 
 should meet with opposition. It is the nature of man to pur- 
 sue his own interest in preference to the public good, and I 
 do not mean to make any personal reflection when I add 
 that it is the interest of a very numerous, powerful and re- 
 spectable body to counteract and destroy the excellent work 
 produced by the late convention. All the ofl&cers of govern- 
 ment and all the appointments for the administration of jus- 
 
Rushes State House Speech. 149 
 
 tice and the collection of the public revenue, which are 
 transferred from the individual to the aggregate sovereignty 
 of the States, will necessarily turn the stream of influence 
 and emolument into a new channel. Every person, there- 
 fore, who enjoys or expects to enjoy a place of profit under ' 
 the present establishment, will object to the proposed innova- 
 tion; not, in truth, because it is injurious to the liberties of 
 his country, but because it affects his schemes of wealth and 
 consequence. I will confess, indeed, that I am not a blind 
 admirer of this plan of government, and that there are some 
 parts of it which, if my wish had prevailed, would certainly 
 have been altered. But, when I reflect how widely men dif- 
 fer in their opinions, and that every man (and the observation 
 applies likewise to every State) has an equal pretension to 
 assert his own, I am satisfied that anything nearer to perfec- 
 tion could not have been accomplished. If there are errors, 
 it should be remembered that the seeds of reformation are 
 sown in the work itself, and the concurrence of two- thirds of 
 the Congress may at any time introduce alterations and 
 amendments. Regarding it, then, in every point of view, 
 with a candid and disinterested mind, I am bold to assert 
 that it is the best form of government which has ever been 
 offered to the world. 
 
 Mr. Wilson's speech was frequently interrupted with loud 
 and unanimous testimonies of approbation, and the applause 
 which was reiterated at the conclusion evinced the general 
 sense of its excellence, and the conviction which it had im- 
 pressed upon every mind. 
 
 Dr. Rush then addressed the meeting in an elegant and 
 pathetic style, describing our present calamitous situation, 
 and enumerating the advantages which would flow ftom the 
 adoption of the new sj'stem of federal government. The ad- 
 vancement of commerce, agriculture, manufactures, arts and 
 sciences, the encouragement of emigration, the abolition of 
 paper money, the annihilation of party, and the prevention 
 of war, were ingeniously considered as the necessary conse- 
 quences of that event. The doctor concluded with an em- 
 phatic declaration — "Were this the last moment of his exist- 
 
150 Before the Meeting of the Convention. 
 
 ence, his dying request and injunction to his fellow citizens 
 would be, to accept and support the offered constitution." 
 
 Mr. Gurney moved that a committee be appointed to write 
 and publish answers, under the authority of their names, to 
 the anonymous pieces against the federal constitution. But 
 Mr. Donaldson observing that it would be improper to ex- 
 pose any particular gentleman to a personal attack, Col. 
 Gurney' s motion was withdrawn. 
 
 The thanks of the meeting being presented to the chairman, 
 the business of the evening was closed. * 
 
 Messers. Printers — Please to republish the following, and 
 oblige "A Constant Reader:" 
 
 The arguments of the Honorable Mr. Wilson, expressed in 
 the speech that he made at the State House on the Saturday 
 preceding the general election, although extremely ingenious^ 
 and the best that could be adduced in support of so bad a 
 cause, are yet extremely futile, and will not stand the test of 
 investigation. 
 
 In the first place, Mr. Wilson pretends to point out a lead- 
 ing discrimination between the State constitution and the 
 constitution of the United States. In the former, he says, 
 every power which is not reserved is given, and in the latter, 
 every power which is not given is reserved. And this may 
 furnish an answer, he adds, to those who object that a bill of 
 rights has not been introduced in the proposed federal consti- 
 tution. If this doctrine is true, and since it is the only 
 security that we are to have for our natural rights, it ought at 
 least to have been clearly expressed in the plan of govern- 
 ment. The second section of the present articles of con- 
 federation says: Each State retains its sovereignty, freedom 
 and independence, and every power, jurisdiction and right 
 zvhich is not by this confederation expressly delegated to the 
 United States in Congress assembled. This declaration (for 
 what purpose I know not) is entirely omitted in the proposed 
 constitution. And yet there is a material difference between 
 this constitution and the present confederation, for Congress 
 
 * Pennsylvania Packet, Oct. 10, 17S7. 
 
Liberty of the Press Destroyed. 151 
 
 in the latter are merely an executive body; it has no power 
 to raise money, it has no Judicial jurisdiction. In the other, 
 on the contrary, the federal rulers are vested with each of the 
 three essential powers of government — their laws are to be 
 paramount to the laws of the diflFerent States: what then will 
 there be to oppose to their encroachments? Should they ever 
 pretend to tyrannize over the people, their standing army 
 will silence every popular effort; it will be theirs to explain 
 the powers which have been granted to them; Mr. Wilson's 
 distinction will be forgot, denied or explained away, and the 
 liberty of the people will be no more. 
 
 It is said in the second section of the third article of the 
 federal plan: "The judicial power shall extend to all cases in 
 law and equity arising under this constitution. " It is very " 
 clear that under this clause, the tribunal of the United States 
 may claim a right to the cognizance of all offences against the 
 general government, and libels will not probably be ex- 
 cluded. Nay, those offences may be by them construed, or 
 by law declared, misprision of treason, an offence which 
 comes literally under their express jurisdiction. Where is 
 then -the safety of our boasted liberty of the press ? And in 
 case of a conflict of jurisdiction between the courts of the 
 United States, and those of the several commonwealths, is 
 it not easy to foresee which of the two will obtain the ad- 
 vantage ? 
 
 Under the enormous power of the new confederation, which 
 extends to the individuals as well as to the States of America, 
 a thousand means may be devised to destroy effectually the 
 liberty of the press. There is no knowing what corrupt and 
 wicked judges may do in process of time, when they are not 
 restrained by express laws. The case of John Peter Zenger, 
 of New York, ought still to be present to our minds, to con- 
 vince us how displeasing the liberty of the press is to men in 
 high power. At any rate, I lay it down as a general rule, 
 that wherever the powers of a government extend to the lives, 
 the persons and properties of the subject, all of their rights 
 ought to be clearly and expressly defined; otherwise, they 
 have but a poor security for their liberties. 
 
152 Before the Meeting of the Convention. 
 
 The second and most important objection to the federal 
 plan, which Mr. Wilson pretends to be made in a disingenu- 
 ous form, is the entire abolition of the trial by jury in civil 
 cases. It seems to me that Mr. Wilson's pretended answer is 
 much more disingenuous than the objection itself, which I 
 maintain to be strictly founded in fact. He says, "that the 
 cases open to trial by jury differing in the different States, it 
 was therefore impracticable to have made a general rule." 
 This answer is extremely futile, because a reference might 
 easily have been made to the common law of England, which 
 obtains through every State, and cases in the maritime and 
 civil law courts would, of course, be excepted. I must also 
 directly contradict Mr. Wilson when he asserts that there is 
 no trial by jury in the courts of chancery. It cannot be un- 
 known to a manof his high professional learning, that when- 
 ever a difference arises about a matter of fact in the courts of 
 equity in America or England, the fact is sent down to the 
 courts of common law to be tried by a jury, and it is what the 
 lawyers call a feigned issue. This method will be impracti- 
 cable under the proposed form of judicial jurisdiction for the 
 United States. 
 
 But setting aside the equivocal answers of Mr. Wilson, I 
 have it in my power to prove that under the proposed federal 
 constitution, the trial of facts in civil cases by a jury of the 
 vicinage is entirely and effectually abolished, and will be ab- 
 solutely impracticable. I wish the learned gentleman had 
 explained to us what is meant by the appellate jurisdiction as 
 to law and fact which is vested in the superior court of the 
 United States ? As he has not thought proper to do it, I shall 
 endeavor to explain it to my fellow citizens, regretting at the 
 same time that it has not been done by a man whose abilities 
 are so much superior to mine. The word appeal^ if I under- 
 stand it right, in its proper legal signification includes the fact 
 as well as the law, and precludes every idea of a trial by jury. 
 It is a word of foreign growth, and is only known in England 
 and America in those courts which are governed by the civil 
 or ecclesiastical law of the Romans. Those courts have always 
 been considered in England as a grievance, and have all been 
 
Trial by Jury Abolished. 153 
 
 established by the usurpations of the eclesiastical over the 
 civil power. It is well known that the courts of chancery in 
 England were formerly entirely in the hands of ecclesiastics, 
 who took advantage of the strict forms of the common law, 
 to introduce a foreign mode of jurisprudence under the 
 specious name of equity. Pennsylvania, the freest of the 
 American States, has wisely rejected this establishment, and 
 knows not even the name of a court of chancery. And, in 
 fact, there cannot be anything more absurd than a distinction 
 between law and equity. It might perhaps have suited those 
 barbarous times when the law of England, like almost every 
 other science, was perplexed with quibbles and Aristotelian 
 distinctions, but it would be shameful to keep up in these 
 more enlightened days. At any rate, it seems to me that 
 there is much more equity in a trial by jury than in an ap- 
 pellate jurisdiction from the fact. 
 
 An appeal, therefore, is a thing unknown to the common 
 law. Instead of an appeal from facts, it admits of a second 
 or even third trial by different juries, and mistakes in points 
 of law are rectified by superior courts in the form of a writ of 
 error; and to a mere common lawyer, unskilled in the forms 
 of the civil law courts, the words appeal from law and fact 
 are mere nonsense and unintelligible absurdity. 
 
 But, even supposing that the superior court of the United 
 States had the authority to try facts by juries of the vicinage, 
 it would be impossible for them to carry it into execution. 
 It is well known that the supreme courts of the difierent 
 States, at stated times in every year, go round the difierent 
 counties of their respective States to try issues of fact, which 
 is called riding the circuits. Now, how is it possible that 
 the supreme continental court, which we will suppose to con- 
 sist at most of five or six judges, can travel at least twice in 
 every year through the different counties of America, from 
 New Hampshire to Kentucky and from Kentucky to Georgia, 
 to try facts by juries of the vicinage? Common sense will 
 not admit of such a supposition. I am therefore right in my 
 assertion, that trial by jury in civil cases is by the proposed 
 constitution enlirely done away and effectually abolished. 
 
154 Before the Meeting of the Convention. 
 
 Let us now attend to the consequences of this enormous 
 innovation and daring encroachment on the liberties of the 
 citizens. Setting aside the oppression, injustice and partial- 
 ity that may take place in the trial of questions of property 
 between man and man, we will attend to one single case, 
 which is well worth our consideration. L,et us remember 
 that all cases arising under the new constitution and all mat- 
 ters between citizens of different States are to be submitted to 
 the new jurisdiction. Suppose, therefore, that the military 
 officers of Congress, by a wanton abuse of power, imprison the 
 free citizens of the United States of America; suppose the ex- 
 cise or revenue officers (as we find in Clayton's Reports, page 
 44, Ward's case) — (that a constable, having a warrant to search 
 for stolen goods, pulled down the clothes of a bed in which 
 there was a woman and searched under her shift — suppose, I 
 say, that they commit similar or greater indignities, in such 
 cases a trial by jury would be our safest resource, heavy dam- 
 age would at once punish the offender and deter others from 
 committing the same; but what satisfaction can we expect 
 from a lordly court of justice, always ready to protect the offi- 
 cers of government against the weak and helpless citizens, 
 and who will perhaps sit at the distance of many hundred 
 miles from the place where the outrage was committed? 
 What refuge shall we then have to shelter us from the iron 
 hand of arbitrary power? O! my fellow-citizens, think of 
 this while it is yet time, and never consent to part with the 
 glorious privilege of trial by jury but with your lives. 
 
 But Mr. Wilson has not stopped here. He has told us that 
 a standing army, that great support of tyrants, not only was 
 not dangerous, but was absolutely necessary. O, my much 
 respected fellow citizens ! and are you then reduced to such a 
 degree of insensibility, that assertions like these will not 
 rouse your warmest resentment and indignation? Are we 
 then, after the experience of past ages, and the result of the 
 enquiries of the best and most celebrated patriots have taught 
 us to dread a standing army above all earthly evils — are we 
 then to go over all the threadbare, common-place arguments 
 that have been used without success by the advocates of 
 
Standing Army. 155 
 
 tyranny, and which have been for a long time past so glori- 
 ously refuted? Read the excellent Burgh in his political 
 disquisitions on this hackneyed subject, and then say 
 whether you think that a standing army is necessary in a 
 free country. Even Mr. Hume, an aristocratical writer, has 
 candidly confessed that an army is a moral distemper in a 
 government^ of which it must at last inevitably perish (2d 
 Burgh, 349), and the Karl of Oxford (Oxford the friend of 
 France and the Pretender, the attainted Oxford), said in the 
 British parliament, in a speech on the mutiny bill, that, 
 "While he had breath he would speak for the liberties of his 
 country, and against courts martial and a standing army in 
 peace, as dangerous to the Constitution." (Ibid., page 455.) 
 Such were the speeches even of the enemies of liberty when 
 Britain had yet a right to be called free. But, says Mr. 
 Wilson, "It is necessary to maintain the appearance of 
 strength even in times of the most profound tranquillity." 
 And what is this more than a thread-bare hackneyed argu- 
 ment, which has been answered over and over in different 
 ages, and does not deserve even the smallest consideration ? 
 Had we a standing army when the British invaded our peace- 
 ful shores ? Was it a standing army that gained the battles 
 of L,exington and Bunker Hill, and took the ill-fated Bur- 
 goyne ? Is not a well-regulated militia sufficient for every 
 purpose of internal defence ? And which of you, my fellow 
 citizens, is afraid of any invasion from foreign powers that 
 our brave malitia would not be able immediately to repel ? 
 
 Mr. Wilson says, that he does not know of any nation in 
 the world which has not found it necessary to maintain the 
 appearance of strength in a season of the most profound tran- 
 quillity. If by this equivocal assertion he has meant to say that 
 there is no nation in the world without a standing army in 
 time ofpeace^ he has been mistaken. I need only adduce the 
 example of Switzerland, which, like us, is a republic, whose 
 thirteen cantons, like our thirteen States, are under a federal 
 government, and which besides is surrounded by the most 
 powerful nations in Europe, all jealous of its liberty and 
 prosperity. And yet that nation has preserved its freedom 
 
156 Before the Meeting of the Convention. 
 
 for many ages, with the sole help of a militia, and has never 
 been known to have a standing army, except when in actual 
 war. Why should we not follow so glorious example, and 
 are we less able to defend our liberty without an army, than 
 that brave but small nation, which, with its militia alone has 
 hitherto defied all Europe? 
 
 It is said likewise, that a standing army is not a new thing 
 in America — Congress even at this moment have a standing 
 army on foot. \2Ja.s^^r'Ca.'a.\. precedent '\%'na\. principle. Con- 
 gress have no right to keep up a standing army in time of 
 peace. If they do, it is an infringement of the liberties of 
 the people — wrong can never be justified by wrong: but it is 
 well known that the assertion is groundless — the few troops 
 that are on the banks of the Ohio, were sent for the express 
 purpose of repelling the invasion of the savages and protect- 
 ing the inhabitants of the frontiers. It is our misfortune that 
 we are never at peace with those inhuman butchers of their 
 species, and while they remain in our neighborhood, we are 
 always, with respect to them, in a state of war — as soon as 
 the danger is over, there is no doubt but Congress will dis- 
 band their handful of soldiers; it is therefore not true that 
 Congress keep up a standing army in a time of peace and pro- 
 found security. 
 
 The objection to the enormous powers of the President and 
 Senate is not the least important of all, but it requires a full 
 discussion and ample investigation. I shall take another op- 
 portunity of laying before the public my observations upon 
 this subject, as well as upon every other part of the new con- 
 stitution. At present I shall only observe that it is an estab- 
 lished principle in America, which pervades every one of our 
 State constitutions, that the legislative and executive powers 
 ought to be kept forever separate and distinct from each other; 
 and yet in this new constitution we find there are two execu- 
 tive branches, each of which has more or less control over the 
 proceedings of the Legislature. This is an innovation of the 
 most dangerous kind upon every known principle of govern- 
 ment, and it will be easy for me to convince my fellow citizens 
 that it will, in the first place, create a Venetian aristocracy, 
 and, in the end, produce an absolute monarchy. 
 
Replies to '■'■CentineV 157 
 
 Thus I have endeavored to answer to the best of my 
 abilities the principal arguments of Mr. Wilson. I have writ- 
 ten this in haste, in a short interval of leisure from my usual 
 avocations. I have only traced the outlines of the subject, 
 and I hope some abler hand will second my honest endeavors. 
 
 A Democratic Federalist.* 
 
 From a Correspondent. — A medical gentleman speaking to 
 one of his frinds about the piece signed Centinel, asked him 
 if he had seen the couching needle. It seems that that gen- 
 tleman is justly apprehensive that many citizens are afflicted 
 with the cataract, and that this excellent piece will be of 
 great use to remove the inspissation of the crystalline humor 
 of their eyes. (Johnson. ) 
 
 Those who say that the petition presented to the I^egisla- 
 ture, praying them to call a convention to adopt the new 
 federal plan, assert what is not strictly true. There were not 
 above 3,000 signatures from the whole city and Liberties, 
 and it is well known that the city alone contains 5,000 taxa- 
 bles; the districts of Southwark and the Northern I^iberties 
 may contain about 2,000, which makes 7,000. Here then are 
 4,000 who have not signed; and now deduct from the number 
 of signers the minors, foreigners and old women, who have 
 subscribed this famous petition, and see whether there is any 
 ground for the assertion that was made in the House of 
 Assembly, and echoed and re-echoed afterwards out of doors, 
 and judge also whether there are no more than five persons 
 opposed to this precious new plan. 
 
 The Couching Needle, t 
 
 For the Independent Gazetteer. 
 
 Mr. Printer : The Centinel in your paper of last Friday, 
 compliments the citizens of Philadelphia when he says, " A 
 frenzy of enthusiasm has actuated them in their approbation 
 of the proposed federal consttition, before it was possible that 
 
 * Pennsylvania Packet, Oct. 23, 1787. 
 t Independent Gazetteer, Oct. 10, 1787. 
 
158 Before the Meeting of the Convention. 
 
 it could be the result of a rational investigation." This, 
 however, is trivial, compared with the sequel, wherein he 
 charges the worthy and very patriotic characters of whom 
 the late convention was composed, with a conspiracy against 
 the liberty of their country. Not even the immortal Wash- 
 ington, nor the venerable Franklin, escapes his satire; but 
 both of them, says this insidious enemy to his country, were 
 non compos mentis when they concurred in framing the 
 new federal constitution. When he ventured to make these 
 assertions against characters so very respectable, he should 
 have been able to support the charge. One of his objections 
 to this constitution is, that each State is to have two senators, 
 and not a number proportioned to its inhabitants. Here he 
 has fallen into a terrible inconsistency, not recollecting that 
 such is the mode of Sleeting members of the Supreme Kxecu- 
 tive Council in this State, where every county appoints one, 
 and only one, without any regard had to the number of tax- 
 ble inhabitants in the respective counties. Yet he- has gone 
 so far in panegyrics upon the constitution of this State, as to 
 maintain that a similar one would be the best that could be 
 devised for the United States. 
 
 Had the different members of the Convention entertained 
 sentiments thus narrow, local, contracted and selfish, each 
 would have proposed the constitution of his own State, and 
 they would never have united in forming that incomparable 
 one which is now exhibited to our view, and which, without 
 partiality to any particular State, is adapted to the general 
 circumstances of all. 
 
 I am happy to find the distinction of Republican and Con- 
 stitutionalist in this city has given way to the more important 
 one of Federalist and Antifederalist. Such a worthy example 
 will, I trust, be imitated through every part of this State. 
 
 To conclude, sir, if some person of better abilities should 
 not step forth in defence of the fonn of government proposed 
 by the Convention, I shall hold myself bound, in duty to the 
 welfare of my country, to expose upon a future occasion the 
 weakness and futility of CentineV s arguments, together with 
 the motives which urged him to undertake the infamous job. 
 
Replies to ^'■CentineV^ 159 
 
 I shall not, however, retort his torrents of personal invective, 
 but shall take notice of the sophistry he has made use of, so 
 far as it is calculated to mislead the citizens of Pennsylvania, 
 or of the adjacent states. A Federalist.* 
 
 For the Independent Gazetteer. 
 
 Mr. Oswald: I have read without spectacles the proposed 
 Federal Constitution, and I see with the most heartfelt plea- 
 sure the resemblance that it bears to that of our much 
 admired Sublime Porte. Your President general will greatly 
 resemble in his powers the mighty Ahdul Ahmed, our 
 august Sultan — the senate will be his divan — your standing 
 army will come in the place of our janizaries — your judges 
 unchecked by vile juries may with great propriety be styled 
 cadis ; and bishop Seabury will be your mufti. Oh ! I am 
 delighted with this new Constitution — is it not a charming, a 
 beautiful form of government? What do you think, Aga 
 Oswald ? What do you say, you Christian dog ? 
 
 Allah ekber, allah illallah, Mohammed resul allah ! 
 
 A Turk, t 
 
 For the Independent Gazetteer. 
 
 Mr. Printer: The authors of a late publication in your 
 paper, signed Centinel, which has represented Doctor Frank- 
 lin as a fool from age, and General Washington as a fool from 
 nature, and which is replete with the grossest falsehoods and 
 absurdities, have concluded their address with some lines 
 from Shakespeare. The only answer that such an infamous 
 libel upon distinguished merit, truth and liberty, is entitled 
 to, may be taken from the works of a British poet of equal 
 fame. 
 
 The Convention 
 
 " Did but teach the age to quit their clogs, 
 By the plain rules of ancient liberty : 
 When lo ! a barbarous noise surrounded them — 
 Of owls, and cuckows, asses, apes, and dogs." Mn,TON.t 
 
 Montgomery County, October 8th, 178'/. 
 
 *Independent Gazetteer, Oct. 10, 1787. 
 t Independent Gazetteer, Oct. 10, 1787. 
 
i6o Before the Meeting of the Convention. 
 
 Extract of a letter from Sussex (Delaware), September 29. 
 
 "I must not forget to mention by way of postscript, that 
 one of the newspapers of your city, some time in August last, 
 by the accidental transposition of a single letter, occasioned 
 an explanation that has aflForded some merriment. The 
 paper, instead of the words United States read Untied States. 
 A farmer of my acquaintance in reading over the paper was 
 at a loss what to make of the matter. ' ' Untied States, 
 Untied States, (said he) what can this mean ? certainly it 
 cannot mean that our governments are dissolved." The 
 
 same evening he carried the paper to old Mr. G- , who, 
 
 you know, keeps a school in the neighborhood, and desired 
 
 an explanation. Mr. G , after putting on his spectacles 
 
 to prevent a possibility of deception, examined the paragraph, 
 and found what the man said to be true. " It is even as you 
 say, John, (replied he) and I think it can mean nothing more 
 than that the States are, or shortly will be, no longer bound 
 by their old Constitutions : that is, they will be completely 
 untied from them, as soon as the new Constitution comes 
 abroad ! " * 
 
 A correspondent observes that the opposers of the federal 
 constitution are secretly affecting delay in order to prevent 
 its adoption. In the mean time, they are moving heaven and 
 earth to prejudice the public mind against it. They do not 
 reason, but abuse — General Washington^ they (in effect) say, 
 is a dupe, and Doctor Franklin^ an old fool — vide the Centi- 
 nel. They will doubtless in their next publications, assert 
 that Daniel Shays is the best patriot in the United States, 
 and thaty<?^« Franklin should be king of Pennsylvania. 
 
 He further observes, that as delay is the means by which 
 they are contriving to carry their point, they are about 
 sending deputies to find out L,ycurgus, the ancient lawgiver 
 of the Spartans, whose death . has never been clearly ascer- 
 tained. Their errand is to invite him among us, that he may 
 form another federal constitution. That until Lycurgus shall 
 come, it will not be proper to adopt the constitution proposed 
 
 * Independent Gazetteer, Oct. II, 1787. 
 
Antifederal Scribblers Denounced. i6i 
 
 by the convention, as he having lived two thousand years, 
 will be able to frame a better one. They have agreed that 
 when he shall come, they will renounce their ofl&ces as too 
 profitable for his frugal plan of government, or will at least 
 take their fees and salaries in iron, instead of gold and silver, 
 pound for pound. But until Ivycurgus come, they will hold 
 their present offices and take their fees and salaries in gold 
 and silver, as will be very convenient. 
 
 He further asks, whether any man of common sense be- 
 lieves we shall have another federal convention if the present 
 plan is not adopted ? — whether the complying States can be- 
 lieve Pennsylvania to be serious in her federal professions, if 
 she rejects a plan recommended by men so experienced, able 
 and upright, as the late convention, especially after so full a 
 consideration of the subject ? 
 
 He is curious to know what men will be named who are 
 likely to form a better plan — and whether the nineteen seced- 
 ing members, the Centinel and the Old Whig, are to be of 
 the number — lastly, if they are, whether they are prepared to 
 give security to their constituents that they will not desert 
 their duty and make another secession when the salvation of 
 their country depends on their keeping their posts. * 
 
 For the Independent Gazetteer. 
 
 Were it possible to suppress the honest indignation of patri- 
 otism, or to stifle that resentment which arises against the 
 foes of persecuted America, while we behold the boasted free- 
 dom of her press prostituted to the purposes of her bitterest 
 enemies — yet would the soldier, who has fought and bled by 
 the side of his beloved chief (while many of these miscreants 
 mingled in the opposing ranks), have cause to reproach him- 
 self did he silently suffer his respected name to be thus vili- 
 fied by the base agents of Europe, or the baser parricides of 
 America, who (under the cloak of concern lest the liberties of 
 this land should be exposed to danger from the determinations 
 of a Washington^ a Franklin, a Livingston, aRutledge, z.Dick- 
 
 * Independent Gazetteer, Oct. 13, 1787. 
 II 
 
1 62 Before the Meeting of the Convention. 
 
 inson, a Madison, a Morris, a Hamilton), are allowed to act a 
 part for whicli the laws of Athens would have consigned them 
 to the gibbet. No, Mr. Printer, the honest American, who, 
 in asserting the freedom of the western world, wasted his 
 youth and impaired his fortune, has a right to look for protec- 
 tion from the government in his old age — and he will rather 
 rise in vengeance than submit to be thus abused by the 
 Briton, the Gaul, the Spaniard, the Turk, or the turn-coat 
 American — and whether they act in their distinct capacities 
 of agents for their several countries, or are leagued with the 
 detestable placemen of our own country, in opposing the es- 
 tablishment of the Federal Constitution, that first production 
 of political wisdom and integrity, they are alike the objects 
 of a just resentment, from which neither the gold of Europe, 
 nor the friendship of apostate Americans, will be able to pro- 
 tect them. Dentatus. * 
 
 Mr. Oswald: Methinks by this time you are more fully 
 convinced of the justice of my remarks on the federal consti- 
 tution. I am astonished that so many of the Americans were 
 so stupidly ignorant of their real interest as to run headlong 
 with an enthusiastic spirit or mistaken zeal, and sign peti- 
 tions to the late House of Assembly praying for the calling 
 of a State convention, for the adoption of so wild a system of 
 government; for the Americans, as I observed before, are unfit 
 
 to govern themselves. Judge B n. Dr. E g, C 
 
 P 1, J n, B. S b and Johnny S y, who are the 
 
 only men of good sense in Pennsylvania, were convinced of 
 the absurdity of such a constitution the moment I discovered 
 to them its design. A writer under the signature of A Turk, 
 shows clearly what designing men would be at. He says: 
 ' ' I see with heart-felt pleasure the resemblance that it f bears 
 to our much admired Sublime Porte. Your President-gen- 
 eral will greatly resemble in his powers the mighty Abdul 
 Ahmed, our august Sultan; the Senate will be his Divan; 
 
 * Independent Gazetteer, Oct. 13, 1787. 
 1 The Federal Constitution. 
 
Antifederal Scribblers Denounced. 163 
 
 your standing army will come in the place of our janizaries; 
 your judges unchecked by vile juries," &c. Such a govern- 
 ment no doubt would be pleasing to him, provided he should 
 be chosen the Sultan of the empire. O ! methinks it is damn- 
 able. I love our present government from its extensive 
 liberty; as our Supreme Executive Council of this State can 
 appoint me sworn interpreter of the English as well as the 
 foreign languages, with a salary of ;^500 a year, to expound 
 the laws to them, and let the people pledge themselves to 
 each other to support and carry into execution the wholesome 
 and wise laws that are made under the present constitution, 
 and there needs be no new form of government in Pennsyl- 
 vania. What do you think, Mr. Oswald ?, A Gaul. * 
 
 Mr. Oswald: I wish your correspondent, Dentatus^ would 
 be pleased to tell us who are those bitterest enemies of America, 
 who, while the American soldier fought by the side of his 
 beloved chief, mingled in the opposing ranks, and who now 
 are writing against the proposed federal constitution? Is it 
 not a shame to have recourse to such base lies in order to 
 support the cause of tyranny and aristocratic power? But, 
 Mr. Oswald, to confound your toothless Dentatus and his 
 compeers, I think I am well grounded to assure you that 
 many of the paragraphs and pieces which have appeared in 
 the newspapers in favor of the new constitution, were written 
 by a person who was, during the late war, a sergeant in the 
 British army in America. MORSUS.f 
 
 For the Independent Gazetteer. 
 
 Mr. Oswald: It is a pretty cunning trick of the aristocrat- 
 ical party to fill the papers with ludicrous pieces under the 
 signatures of "Britons," "Gauls," "Spaniards," and even 
 "Turks," against the proposed federal constitution, in order 
 to make you believe that the opposition that is made to it 
 arises chiefly from foreigners and foreign agents. But I hope 
 my fellow citizens will not suffer themselves to be deceived 
 
 * Independent Gazetteer, Oct 13, 1787. 
 t Independent Gazetteer, Oct. 15, 1787. 
 
164 Before the Meeting of the Convention. 
 
 by this thread-bare piece of political jockeyism. Look around 
 you, Mr. Oswald, ask the British and other foreign agents 
 their opinion of the new constitution, and you will find them 
 all open-mouthed, bellowing forth its praises. How could it 
 be otherwise, when its principles are so similiar to those of 
 the constitutions of their own respective coiintries, which 
 they have sucked with their milk ? It is well known that all 
 the foreign ministers at New York have declared in favor of 
 this new form of government, and it is suspected that they 
 have not been inactive in endeavoring to bring it about. 
 What say the British Consuls in every part of the continent ? 
 Are they ever seen to mix or keep company with those who 
 oppose the pretended federal plan? No; they would think 
 themselves polluted to mix with any of the brave Whigs, who 
 after having defended their liberties from the British tyrant, 
 will not suflFer them to be laid prostrate by tyrants of their 
 own creating. This new proposed form of government is 
 much better suited to their views than any other, because it 
 will be much easier for them to deal with a single magistrate 
 and a handful of senators, who are to remain six years in 
 office, and may be re-elected during their lives, than with a 
 a numerous Congress, annually elected, who cannot preserve 
 their appointment longer than three years in six, and conse- 
 quently are in a constant state of fluctuation. Away then 
 with such perfidious insinuations ! Those who are intent 
 upon pursuing the interest of foreign princes in America will 
 never suffer this country to preserve its liberties. Their most 
 earnest wish is to see us under a tyrannical government, lest 
 we should become too formidable. 
 
 An American Citizen.* 
 
 To the Freemen of Pennsylvania. 
 
 Friends and Fellow Citizens : Conscious of no other 
 motives than those with which the love of my country in- 
 spires me, permit me to request your candid, impartial and 
 unprejudiced attention, while I address you on business of 
 the utmost importance to every honest American — a business 
 
 * Independent Gazetteer, Oct. 15, 1787. 
 
Reply to '■' CentineV 165 
 
 of no less magnitude than the salvation of the United 
 States. 
 
 I need hardly tell you, what is universally allowed, that 
 our situation is no^v more precarious than it ever has been, 
 even at that time when our country was laid waste by the 
 sanguinary armies of Britain and her mercenary allies, and 
 when our coasts were infested with her hostile fleets. Then 
 a sense of the common danger united every heroic, every 
 patriotic soul in the great cause of liberty. Even selfish- 
 ness itself, forgetting every narrow, contracted idea, gave 
 way to that diffusive liberality of sentiment, which was so 
 instrumental in procuring peace and independence to America. 
 
 But ever since that memorable epoch, unanimity, the great 
 source of national happiness and glory, has been banished 
 from among us, and discord, with all its cursed attendants, 
 has succeeded in its stead. Such a train of calamities issued 
 from this fatal change as at length aroused the virtuous citi- 
 zens of the different States from their lethargy, and excited 
 in them a desire of exploring, and of removing the cause. 
 Nor was the former a different task. Our distresses were 
 immediately discovered to be inevitable effects of a weak, a 
 disunited, and a despicable federal government. To effect 
 the latter, delegates were sent by twelve of the States to the 
 late Federal Convention, who, after four months' deliberation, 
 at length agreed upon a plan of government for the United 
 States, which is now submitted to your consideration. Upon 
 this proposed federal constitution I mean not to bestow my 
 useless panegyrics at this time. My slender praise might 
 cast an odium upon what is in itself truly excellent, and 
 needs but a candid reading to be admired. Suspended, as 
 the fate of the United States now is, how immensely base 
 must the wretch be, who strains every nerve to disunite his 
 fellow-citizens, and by a long train of sophistical arguments, 
 strives to establish antifederal sentiments in this State ! Yet, 
 however strange it may seem, such there are among us. One 
 antifederal piece signed "Centinel," which is replete with 
 glaring absurdities and complete nonsense, has been indus- 
 triously circulated among you, in the newspapers and in 
 
i66 Before the Meeting of the Convention. 
 
 hand-bills. The author (I should have said authors) of this 
 illiberal and scandalous performance, remarks that a ' ' frenzy 
 of enthusiasm, ' ' not ' ' a rational investigation into its princi- 
 ples, actuated the citizens of Philadelphia in their approba- 
 tion of the proposed plan " of government. As some drunken 
 men think every person they see is intoxicated, and as an illit- 
 erate observer on this earth is apt to believe in the sun's 
 motion, not discerning that its apparent revolution is the effect 
 of his own real motion, so has ' ' Centinel ' ' charged others with 
 neglecting that rational investigation, to which he has paid 
 very little attention. For if he carefully examines the pro- 
 posed constitution, he will find that he has either ignorantly, 
 or designedly, perverted its plain and simple construction. 
 He seems to think that the citizens of Philadelphia ought to 
 have suspended their judgment till they had know the result 
 of his rational iuvestigation. For, says the profound politi- 
 cian, "Those who are competent to the task of developing 
 the principles of government ought to be encouraged to come 
 forward, and thereby the better enable the people to make a 
 proper judgment. For the science of government is so 
 abstruse, that few are able to judge for themselves." He 
 certainly must have forgot that he was addressing Ameri- 
 can freemen, who enjoy the darling prerogative of thinking 
 for themselves. Such political priestcraft might have 
 answered some purpose in the early ages of ignorance and 
 superstition, when a set of artful and designing monks 
 assumed an absolute control over both the purses and con- 
 sciences of the people. But thanks to heaven ! we live in an 
 enlightened age, and in a free country, where such pernicious 
 doctrine has long since been treated with deserved contempt. 
 He begins with enumerating "certain privileges secured 
 to you by the constitution of this Commonwealth," which, 
 notwithstanding his groundless assertions, are not infringed 
 in the smallest degree by the proposed federal constitution, 
 which obliges Congress to guarantee to each State its respec- 
 tive republican form of government. Whatever he may think 
 of the matter, a firm union of all the States is certainly neces- 
 sary to procure happiness and prosperity to America. In vain 
 
Members of the Convention Defended. 167 
 
 do we look up to the constitution or legislature of this State; 
 they cannot alleviate our distresses. 
 
 Is it in the power of Pennsylvania to protest her own trade, 
 by entering into commercial treaties with the nations of 
 Europe, and thereby to secure a West India or an European 
 market for her produce? No. Is it in her power to treat 
 with and obtain from Spain a free navigation of the river 
 Mississippi, to which God and nature have given us an un- 
 doubted right? The impoverished state of our Western 
 country, where the luxuriant crops of a fertile soil are suffered 
 to rot in the fields, for want of exportation, answers No. Is 
 it in her power to encourage our infant manufactures, to give 
 sustenance to our starving mechanics, to prevent a general 
 bankruptcy, or to raise a revenue, by laying an impost on 
 foreign goods imported into this State? No. All her at- 
 tempts are liable to be counteracted by any neighboring State; 
 for it is well known that the imposts have been frequently 
 evaded in this State, and always will while Jersey and Dela- 
 ware open free ports for the reception of foieign wares. So 
 that the exigencies of government must necessarily be pro- 
 vided for by a heavy land tax, which you, my fellow citizens, 
 have groaned under for some years past with surprising 
 patience and resignation. Should some desperate rufl&ans, as 
 a Shays or a Wyoming Franklin, with an armed banditti at 
 his back, proceed to murder our defenceless inhabitants, has 
 Pelinsylvania the means of speedily repelling their ravages ? 
 No. Before the necessary steps could be taken for a defence, 
 her towns might be laid in ruins and her fields deluged with 
 the blood of her helpless citizens. And oh! distracting 
 thought! the citizens of the neighboring States would aban- 
 don us to our unhappy fate ; nor would they deign to shed a 
 tear of pity on our funeral urn. It would be an endless talk 
 to give a detail of all the cases in which the exertions of in- 
 dividual States cannot afford the smallest relief An idea of 
 thirteen neighboring States being able to exist independent 
 of each other, without a general government, to control, con- 
 nect and unite the whole, is no less absurd than was the con- 
 duct of the limbs, in the fable, which refused to contribute to 
 
1 68 Before the Meeting of the Convention. 
 
 the support of the belly, and by working its downfall, acceler- 
 ated their own ruin. Of this every State in the Union is fully 
 convinced, by awful experience, unless we except Rhode 
 Island; for the meridian of which "Centinel" has calculated 
 his Antifederal remarks, which he has had the presumption 
 to address to the freemen of Pennsylvania. 
 
 Afraid of investigating the constitution itself, he previously 
 attempts to prejudice you against it by charging the patriotic 
 members of the convention with a design "of lording it 
 over their fellow-creatures" and with "long meditated 
 schemes of power and aggrandizement." Is it possible that 
 the freemen of America would appoint such men as these to 
 so important a trust? No. The public characters of the 
 gentlemen who were chosen by my respectable fellow-citizens 
 in the diflFerent States are such as at once justify their con- 
 duct in the choice, and contradict the unjust and ungenerous 
 assertion. This defamer has even dared to let fly his shafts 
 at a Washington and a Franklin^ who, he tells you, have 
 been so mean, ignorant and base as to be dupes to the de- 
 signs of the other members. Is not every man among you 
 fired with resentment against the wretch who could under- 
 take a job thus low, infamous and vile, and who was so prone 
 to slander as wantonly to traduce names dear to every Amer- 
 ican — names, if not respected and esteemed, at least admired 
 even by their enemies ? 
 
 After having striven to inflame your passions against th&e 
 worthy men, he then makes a general objection to different 
 branches in government; here again he advances doctrine 
 which has long since been exploded as dangerous and des- 
 potic. That a single legislative body is more liable to en- 
 croach upon the liberties of the people than two who hold an 
 useful check upon the proceedings of each other he does not 
 attempt to deny, but asserts that one body will be more re- 
 sponsible to the people than two or more can be; therefore, 
 after this body shall have erred, the people can immediately 
 take vengeance of its members, that is, if I may be indulged 
 with a trite saying, after the steed is stolen lock the stable 
 door. Had he proceeded in the same mode of reasoning, he 
 
Powers of Congress. 169 
 
 might have proved that an elective monarchy is the best gov- 
 ernment, for it is certainly the most responsible, since one 
 man is accountable for every grievance. In truth, my 
 friends, you will easily perceive that this responsibility,, 
 which he lays so much stress on, is by no means sufficient to 
 secure your liberties. If you enquire into the effects of san- 
 guinary punishments upon criminals, you will find that in- 
 stead of reforming they have increased the wickedness of the 
 people. 
 
 But the convention, not content with providing punish- 
 ments for the misdemeanors of government, have done wiser, 
 in endeavoring to prevent these misdemeanors, which was 
 evidently their intention in new modeling the federal gov- 
 ernment. 
 
 He next complains of the too extensive powers of Congress. 
 "It will not be controverted," says he, "that the legislative 
 is the highest delegated power in government, and that all 
 others are subordinate to it. ' ' In this I perfectly agree with 
 him, and am apt to believe, that had he paused here one mo- 
 ment, he would not have been so ready to fear an aristocracy 
 in any branch of the new federal government; since the most 
 essential parts of legislation are to be vested in the House of 
 Representatives, the immediate servants of the people, with 
 whom all money bills must originate. 
 
 He is ready to allow Congress to pay the debts of the 
 Union; but then, they are to have power to lay and collect 
 duties, imposts, &c. , which the new constitution declares shall 
 be uniform throughout the United States; here the word 
 collect seems to stick in his stomach. What ! says he, will 
 they have power to enforce the payment of taxes ? Oh ! it is 
 dangerous to invest them with such authority; they ought to 
 call upon us as heretofore, and leave it at our option to com- 
 ply with their requisitions or not. Such is the reasoning of 
 this advocate for delinquency, the absurdity of whose politi- 
 cal creed is self-apparent, and needs no comment. Happy 
 would it be for Pennsylvania, if the different States were 
 obliged to pay their proportions of the foreign and domestic 
 debt; she would not then be struggling under an enormous 
 
170 Before the Meeting of the Convention. 
 
 land tax, to pay much more than her just quota of the public 
 burthens. But, says he, there is a possibility of having stand- 
 ing armies too. This is quite wrong; let Congress have 
 power to make war, crush insurrections, &c., but let them 
 have no troops for these purposes, unless each State shall 
 think proper to furnish its quota of men; or if we vest the 
 power of raising armies in Congress, let them be tied down, 
 and not permitted to raise a single regiment, until an inva- 
 sion shall have actually taken place, and the enemy shall 
 have ravaged and spread desolation over five or six of the 
 States; it will then be time enough. Indeed I think we 
 ought immediately to disband the troops stationed on the 
 Ohio, and not raise a man for that service before the savages 
 shall have laid our country waste, as far as Susquehanna at 
 least. Why need we trouble ourselves about the inhabitants 
 on the frontiers ? Such truly is the substance of his argu- 
 ments. 
 
 He has further discovered that the trial by jury in civil 
 cases is abolished — that the liberty of the press is not pro- 
 vided for — and that the judicial and legislative powers of the 
 respective States will be absorbed by those of the general 
 government. 
 
 As to the first of these, it is well known that the cases 
 which come before a jury, are not the same in all the States; 
 that therefore the Convention found themselves unequal to 
 the task of forming a general rule, among so many jarring 
 interests, and left it with Congresss to regulate the conduct 
 of the judiciary in all civil cases. It may not be improper 
 here to remark, that Congress can at any time propose 
 amendments to this Constitution, which shall become a part 
 of it when ratified by the legislatures or Conventions of three- 
 fourths of the States. 
 
 True, no declaration in favor of the liberty of the press is 
 contained in the new Constitution, neither does it declare 
 that children of freemen are also born free. Both are alike 
 the unalienable birthright of freemen, and equally absurd 
 would it have been, in the Convention, to have meddled with 
 either. 
 
Powers of Congress. 171 
 
 The ne plus ultra of the powers of Congress, and of the 
 judiciary of the United States, is expressly fixed— therefore, 
 no danger can arise to the legislative or judicial authority 
 of any State in the union. Centinel, in discussing this point, 
 has ransacked his brains, tortured, twisted, and preverted 
 the new plan of government, to support his blundering as- 
 sertions ; especially where he has quoted sect. 4 of the ist 
 Art. "The times, places, and manner, of holding elections, 
 for senators, and representatives, shall be prescribed, in each 
 State, by the legislature thereof ; but the Congress may at 
 any time, by law, make or alter such regulations, except as 
 to the place of choosing senators. ' ' 
 
 "The plain construction of which," says Centinel, "is, 
 that when the State legislatures drop out of sight, from the 
 necessary operation of this government, then Congress are 
 to provide for the election and appointment of representa- 
 tives, and senators." O amazing result of « rational invesii- 
 gation! I confess he understands the meaning of words 
 much better than I do, if his construction of that section be 
 just. What may Congress " make or alter ? " The times, 
 places and manner of holding elections, in the different States. 
 But why is the place of choosing senators excepted ? Who 
 are to appoint them ? Certainly, the legislatures of the re- 
 spective States, who are to elect the senators in any place 
 they may think proper, which probably will be, where they 
 meet in their legislative capacity. The existence of every 
 branch of the Federal government depends upon the State 
 legislatures, and both must stand or fall together. 
 
 He next attacks the construction of the federal govern- 
 ment, says the number of representatives is too few. Others 
 have thought it too many. How was it possible that the 
 Convention, in this, or indeed in any other instance, could 
 please everybody? For my part I am of opinion that the 
 number fixed by the Convention (one for every 30,000) is 
 fully adequate to the task of effectually representing the peo- 
 ple ; and that a greater number would only clog the wheels, 
 and add to the expenses of government, in which the strict- 
 est economy is at all times necessary. That two years is too 
 
173 Before the Meeting of the Convention. 
 
 long a time to continue in office is a mistaken notion ; much 
 more inconvenience and expense would be_ attendant on an- 
 nual elections throughout this extensive continent. The 
 most strenuous advocates for a parliamentary reform, in 
 Great Britain, never stickled for more than triennial elections, 
 which they deemed fully sufficient to secure the liberties of 
 the people. This body may justly be called the guardians 
 of our liberties, since they are not chosen by the State legis- 
 latures, as Congress has hitherto been, but by the freemen at 
 large, in every State. No undue influence can be exercised 
 over them, nor the Senate, for no placemen, or officers of 
 government, can have a seat among them. 
 
 He says the senate is constituted on the most unequal 
 principles, since the smallest State in the Union sends as 
 many senators as the largest. Here is a small concession to 
 the smaller States, which proclaims the liberality of senti- 
 ment that prevailed in the convention. I^et us, my friends, 
 in the larger States, be satisfied with our superior influ- 
 ence in the House of Representatives. As to the senate 
 being composed of the better sort, the well-born, etc. , it is a 
 :nost illiberal reflection thrown out by this antifederal 
 demagogue against the freemen of America, who, I trust, 
 will always elect to this important trust men of integrity and 
 abilities. But how is there any danger of this body be- 
 coming an aristocracy? In their executive capacity they are 
 checked by the President, and in their legislative capacity 
 are checked by the House of Representatives, and of them- 
 selves cannot do a single act. He seems apprehensive that 
 the President may form a coalition with the senate, "whose 
 influence might secure his re-election to office." I cannot 
 conceive how they can exercise any influence in his favor, 
 for both senators and representatives are expressly excluded 
 from being electors. 
 
 The only objection he makes to the power of the President 
 is that he can grant pardons and reprieves. This preroga- 
 tive must be and always is vested somewhere in all free gov- 
 ernments; to whom then can it be given with more safety 
 than to this officer, who never can have any interest in exer- 
 
Humble Address of the Low Born. 173 
 
 cising it to evil purposes? If he should, he will be liable to 
 impeachment, etc. 
 
 Previous to his conclusion he attempts to lull us into se- 
 curity; but his sophistry can never operate so far upon our 
 senses as to make us believe that our situation is not "criti- 
 cally dreadful." The most ignorant among us severely feel 
 the miseries which surround us on all sides. That he may 
 be very well pleased with his present situation, I have not 
 the smallest doubt; for it is notorious that the Antifederal 
 junto in Philadelphia is composed of a few self-interested men, 
 who, in the midst of our distresses, are receiving most enor- 
 mous sums out of the public treasury, and like ravens are 
 preying upon our very vitals. A Federalist. * 
 
 Extract of a letter from a gentleman in the Western coun- 
 try to his friend in this city: 
 
 "It hath been reported that a great number of copies of the 
 proposed constitution was directed to be printed in the Eng- 
 lish and German languages, to be distributed throughout the 
 State. I wish it were done, that the people might have an 
 opportunity of reading it, and judging for themselves. Much 
 time elapses before information can reach the industrious 
 yeomanry of the State that are distant from the seat of gov- 
 ernment. If a convention is to be chosen, the great body of 
 the people will be ignorant of the plan to be decided upon, 
 and be therefore unable to determine whether they ought to 
 vote for persons who would oppose it or advocate it. If it will 
 bear the examination of the people, who are to be bound 
 thereby, why is such preciptancy used?"t 
 
 For the Independent Gazetteer. 
 
 The humble address of the low-born of the United States of 
 
 America, to their fellow slaves scattered throughout the 
 
 world — ^greeting : 
 
 Whereas, it hath been represented unto us that a most 
 dreadful disease hath for these five years last past infected, 
 
 * Independent Gazetteer, Oct. 25, 1787. 
 t Pennsylvania Packet; Nov. i, 1787. 
 
174 Before the Meeting of the Convention. 
 
 preyed upon and almost ruined the government and people 
 of this our country; and of this malady we ourselves have had 
 perfect demonstration, not mentally, but bodily, through every 
 one of the five senses: For although our sensations in regard 
 to the mind be not just so nice as those of the well born, yet 
 our feeling, through the medium of the plow, the hoe and 
 the grubbing ax, is as acute as any nobleman's in the world. 
 And, whereas, a number of skillful physicians having met 
 together at Philadelphia last summer, for the purpose of ex- 
 ploring, and, if possible, removing the cause of this direful 
 disease, have, through the assistance of John Adams, Esq., 
 in the profundity of their great political knowledge, found 
 out and discovered that nothing but a new government, con- 
 sisting of three different branches, namely, king, lords and 
 commons, or, in the American language, President, Senate and 
 Representatives, can save this, our country, from inevitable 
 destruction; and, whereas, it hath been reported that several 
 of our low-born brethren have had the horrid audacity to think 
 for themselves in regard to this new system of government, 
 and, dreadful thought! have wickedly begun to doubt con- 
 cerning the perfection of this evangelical constitution, which 
 our political doctors have declared to be a panacea, which (by 
 inspiration) they know will infallibly heal every distemper in 
 the confederation, and finally terminate in the salvation of 
 America. 
 
 Now we the low born, that is, all the people of the United 
 States, except 600 or thereabouts, well born, do by this our 
 humble address, declare and most solemnly engage, that we 
 will allow and admit the said 600 well born, immediately to 
 establish and confirm this most noble, most excellent and 
 truly divine constitution: and we further declare that with- 
 out any equivocation or mental reservation whatever we will 
 support and maintain the same according to the best of our 
 power, and after the manner and custom of all other slaves 
 in foreign countries, namely by the sweat and toil of our 
 body: nor will we at any future period of time ever attempt 
 to complain of this our royal government, let the consequen- 
 ces be what they may. And although it appears to us that 
 
Humble Address of the Low Born. . 175 
 
 a standing army, composed of the purgings of the jails of 
 Great Britain, Ireland and Germany, shall be employed in 
 collecting the revenues of this our king and goverment; yet, 
 ■we again in the most solemn manner declare, that we will 
 abide by our present determination of non-assistance and pas- 
 sive obedience; so that we shall not dare to molest or disturb 
 those military gentlemen in the service of our royal govern- 
 ment. And (which is not improbable) should any one of 
 those soldiers when employed on duty in collecting the taxes, 
 strike off the arm (with his sword) of one of our fellow slaves, 
 we will conceive our case remarkably fortunate if he leaves 
 the other arm on. And morever, because we are aware that 
 many of our fellow slaves shall be unable to pay their taxes, 
 and this incapacity of theirs is a just cause of impeachment 
 of treason; wherefore in such cases we will use our utmost 
 endeavors, in conjunction with the standing army, to bring 
 such atrocious offenders before our federal judges, who shall 
 have power, without jury or trial, to order the said miscreants 
 for immediate execution ; nor will we think their sentence 
 severe unless after being hanged they are also to be both be- 
 headed and quartered. And finally we shall henceforth and 
 forever leave all power, authority and dominion over our 
 persons and properties in the hands of the well born, who 
 were designed by Providence to govern. And in regard to 
 the liberty of the press, we renounce all claim to it forever 
 more. Amen ; and we shall in future be perfectly contented 
 if our tongues be left us to lick the feet of our wellborn 
 masters. 
 
 Done on behalf of three millions of low-born American 
 slaves. John Humble, Secretary.* 
 
 To the Printers of the United States. 
 
 Gentlemen: I have been delighted with the nobie struggle 
 which the brave and virtuous throughout America have been 
 and still are making to establish the new frame of govern- 
 ment. I am charmed with the good sense and humanity of 
 the people at large, who, though they are very generally 
 * Independent Gazetteer, Oct. 29, 1787. 
 
176 Before the Meeting of the Convention. 
 
 warmly attached to it, yet they bear with uncommon pa- 
 tience all the insults hitherto thrown out against it and the 
 gentlemen of the late convention. 
 
 The friends of the new system are not ashamed to avow 
 their principles and their writings on the subject, while its 
 enemies take every prudent measure to prevent detection. 
 
 I know a gentleman in this city, high in office, who has 
 written much against the new system, notwithstanding he 
 has never in company uttered a syllable against it. Hence 
 I conclude that the antifederal junto are conscious of the 
 wickedness of their proceedings — that their cause is that of 
 the devil, and of it they are truly ashamed. It appears by a 
 late eastern paper that the publisher of the Massachusetts 
 Gazette is determined to publish no sentiments on this im- 
 portant subject unless the writers leave their names with the 
 printers, ' ' that any one who may be desirous of knowing the 
 author may be informed. ' ' No honest man, no true friend 
 of America or to the liberty or happiness of mankind, can 
 object to this. 
 
 For your imitation, gentlemen, I humbly propose the con- 
 duct of this your worthy brother, the publisher of the Massa- 
 chusetts Gazette. A Pennsylvania Mechanic* 
 
 26th October^ ^T^?- 
 
 Mr. Oswald: Since the new constitution of Congress has 
 been published, I have made a journey into the three coun- 
 ties adjoining to us, in which I had many acquaintances 
 among honest men of both the old parties which formerly 
 divided this State. Good manners induced me, where I was 
 hospitably entertained, to avoid broaching the subject of our 
 new federal constitution, as I might possibly spoil the social 
 happiness which I (who am no party man) had been used to 
 enjoy with my good friends, constitutionalists and republicans. 
 My hosts could not bear this my reserve — one and the other 
 exclaimed, "Why do you not talk to me of the new constitu- 
 tion?— I have seen and read it, and though I liked the men 
 who made it, I like the constitution they have given to us much 
 
 * Independent Gazetteer, Oct. 29, 1787. 
 
Remarks of '•'■Homespun.'''' xyy 
 
 more. ' ' Others observed that the good men who have been so 
 often tried and approved by us, may go oflF this uncertain 
 stage in the course of a few passing years, but they have left 
 a legacy which will make us and our children and our chil- 
 dren's children as happy as a good government can make 
 them, for hundreds of years after the framers of it are no more. 
 "God be praised !" said an old man (whose benevolence I shall 
 long remember) "my neighbors of the Jerseys, of Delaware, 
 New York and Maryland, will be as happy as myself . " He 
 then addressed himself to his younger child, a daughter: 
 ' ' Dolly, my girl, you will not go from home when you go with 
 Jersey Dick, for we are all now one people; I shall not fear as 
 I have done, that we who lie on the borders shall be cutting 
 each other's throats, about bounds, smuggling and trade." 
 One man, indeed, in a corner of one of our friendly circles, 
 who after hunting for an office twenty years,, had at last got 
 the office of excise in his county, muttered something of Old 
 Whig, Centinel, sixteen assemblymen, Governor Randolph, 
 lawyer Mason, one Gerry, liberty of the press, jurymen,, and 
 that officers who had served but a few years and, who had 
 not been paid for their services should be continued for life, 
 and many other things of the same kind, in a sullen, grumb- 
 ling, ill-natured way, was at length interrupted by a decent 
 elderly man, who as I learned had ever been a friend to his 
 country, never a placeman, a whig from benevolence to his 
 family, his neighbors and all whom he knew, an honest man 
 in the worst of times, who wished the farmer might reap 
 plentiful crops and have a good market, and that trade might 
 flourish, that we might make as many things among our- 
 selves as possible, that tradesmen might fare well, and as he 
 said that the President and Senate might be able to make 
 and keep good and sufficient treaties to insure all these solid 
 benefits to us — says this good man, "My friend the exciseman, 
 there in yon corner, talks of old whigs: no body can doubt 
 of my being one of that sort, for I am an old man and always 
 was a whig since the name was known, and have been, I am 
 bold to say, as good a centinel among our militia in the field 
 of battle, as any man who calls himself a Centinel in a news- 
 
178 Before the Meetmg of the Convention. 
 
 paper. I think sixteen men should submit in their opinions 
 to forty-three, when all our States approve of the conduct of 
 the forty-three, and condemn the sixteen: and I will say the 
 men were right who, with the sergeant of the assembly, 
 brought the two men of the sixteen runaways back to the as- 
 sembly; for if they had not done so sixteen men would have 
 overthrown our government of Pennsylvania. Though I am 
 no scholar, I think the speaker and the forty-three had a 
 power from the good rule of preventing greater evils to force 
 the whole sixteen to attend in their seats. If they have not 
 this power, my friend the exciseman there in the corner, 
 must lose his ofBce, as the government and all offices, and the 
 constitution and all, would be at an end immediately. As to 
 Governor Randolph, I am told he is a cunning man, but no 
 enemy to the new constitution ; he only wanted to overreach 
 another man in politics. Lawyer Mason may plead his own 
 cause in Virginia, where it is a chance of about four hundred 
 thousand (that being the number of people in that State) to 
 one, that is lawyer Mason, that he is in the wrong. Besides, 
 I may saj^, he has the delegates of every State against him 
 into the bargain. That Geary will never get on farther than 
 Rhode Island, where the bad people will keep him, as the 
 only man they can find out of their State, who is as bad as 
 themselves. The liberty of printing, I find, from Burns' 
 justice and our State constitution, is a thing quite safe already, 
 and so is our trial by jurymen. If so, our convention would 
 have wasted their time and our patience, my friends, if they 
 had spent their time in making new fences where the old 
 ones were strong enough. They had enough to do that was 
 necessary, God knows! My friend, the exciseman, thinks 
 that a man once in office, should continue so for his life. I 
 must needs say, I think he may if he be a good officer; I 
 would give him my vote that he remain exciseman as long 
 as he lives, and longer if it was possible, if that will make 
 him listen to reason; for neither myself nor my children, I 
 hope, will covet any office unless it be such in which we may 
 fight the enemies of our United States. As we begun, my 
 friends, so let us continue united. I have often told my chil- 
 
Twenty-three Defects of the Constitutio7t. 179 
 
 dren of the bundle of fagots ; you may break each of them 
 apart like the stem of this pipe (taking hold of the pipe he 
 was then smoking), but if you bind them together, Goliah 
 nor Sampson cannot break them. " Wherever I went in this 
 my journey I found all the good people talking in the same 
 honest sensible way; this pleased me I will confess, for it 
 favored an old opinion, that where passion does not twist our 
 understandings, all upright and sensible men think in the 
 same way. In short, that plain downright good sense which 
 governs the honest farmer, miller, tradesman and merchant, 
 governed the honest, tried and approved men, who sat in the 
 late convention of these our United States. 
 
 Homespun. * 
 
 Mr. Oswald: By inserting the following in your impartial 
 paper, you will oblige yours, &c. 
 To the Citizens of Philadelphia. 
 
 Friends, countrymen, brethren and fellow-citizens: The 
 important day is drawing near when you are to elect dele- 
 gates to represent you in a convention, on the result of whose 
 deliberations will depend in a great measure your future hap- 
 piness. 
 
 This convention is to determine whether or not the com- 
 monwealth of Pennsylvania shall adopt the plan of govern- 
 ment proposed by the late convention of delegates from the 
 diiFerent States which sat in this city. 
 
 With a heart full of anxiety for the preservation of your 
 dearest rights, I presume to address you on this important 
 occasion. In the name of sacred liberty, dearer to us than 
 our property and our lives, I request your most earnest atten- 
 tion. 
 
 The proposed plan of continental government is now fully 
 known to you. You have read it, I trust, with the attention 
 it deserves. You have heard the objections that have been 
 made to it. You have heard the answers to these objections. 
 
 If you have attended to the whole with candor and un- 
 biased minds, as becomes men that are possessed and deserv- 
 *Independent Gazetteer, Oct. 31, 1787. 
 
iSo Before the Meeting of the Convention. 
 
 ing of freedom, you must have been alarmed at the result of 
 your observations. Notwithstanding the splendor of names 
 which has attended the publication of the new constitution, 
 notwithstanding the sophistry and vain reasonings that have 
 been urged to support its principles, alas! you must at least 
 have concluded that great men are not always infallible, and 
 that patriotism itself may be led into essential errors. 
 
 The objections that have been made to the new constitu- 
 tion are these: 
 
 1. It is not merely (as it ought to be) a Confederation of 
 States, but a Government of individuals. 
 
 2. The powers of Congress extend to the lives, the liberties 
 and the property of every citizen. 
 
 3. The sovereignty of the diflFerent States is ipso facto de- 
 stroyed in its most essential parts. 
 
 4. What remains of it will only tend to create violent dis- 
 sensions between the State government and the Congress, and 
 terminate in the ruin of the one or the other. 
 
 5. The consequence must therefore be, either that the 
 union of the States will be destroyed by a violent struggle, 
 or that their sovereignty will be swallowed up by silent en- 
 croachments into a universal aristocracy; because it is clear, 
 that if two different sovereign powers have a coequal com- 
 mand over the purses of the citizens, they will struggle for 
 the spoils, and the weakest will be in the end obliged to yield 
 to the efforts of the strongest. 
 
 6. Congress being possessed of these immense powers, the 
 liberties of the States and of the people are not secured by a 
 bill or Declaration of Rights. 
 
 7. The sovereignty of the States is not expressly reserved; 
 the form only, and not the substance of the government, is 
 guaranteed to them by express words. 
 
 8. Trial by Jury, that sacred bulwark of liberty, is abol- 
 ished in civil cases, and Mr. W , one of the convention, 
 
 has told you, that not being able to agree as to the form of es- 
 tablishing this point, they have left you deprived of the sub- 
 stance. Here are his own words: "Thesubject was involved 
 in difficulties. The convention found the task too difficult 
 for them, and left the business as it stands. ' ' 
 
Twenty-three Defects of the Constitution. i8i 
 
 9. The lyiberty of the Press is not secured, and the powers 
 of Congress are fully adequate to its destruction, as they are 
 to have the trial of libels, or pretended libels against the 
 United States, and may by a cursed abominable Stamp Act 
 (as the Bowdoin administration has done in Massachusetts) 
 preclude you effectually from all means of information. Mr. 
 W has given no answer to these arguments. 
 
 10. Congress have the power of keeping up a standing 
 
 army in time of peace, and Mr. W has told you that it 
 
 was necessary. 
 
 11. The I,egislative and Bxecutive powers are not kept 
 separate, as- every one of the American constitutions declares 
 they ought to be; but they are mixed in a manner entirely 
 novel and unknown, even in the constitution of Great Britain; 
 because, 
 
 13. In England the king only has a nominal negative over 
 the proceedings of the legislature, which he has never dared 
 to exercise since the days of King William, whereas by the 
 new constitution, both the President-General and the Senate, 
 two executive branches of Government, have that negative, 
 and are intended to support each other in the exercise of it. 
 
 13. The representation of the lower house is too small, 
 consisting only of 65 members. 
 
 14. That of the Senate is so small that it renders its exten- 
 sive powers extremely dangerous; it is to consist only of 26 
 members, two-thirds of whom must concur to conclude any 
 treaty or alliance with foreign powers. Now we will suppose 
 that five of them are absent, sick, dead, or unable to attend; 
 twenty-one will remain, and eight of these (one-third, and 
 one over) may prevent the conclusion of any treaty, even the 
 most favorable to America. Here will be a fine field for the 
 intrigues and even the bribery and corruption of European 
 powers. 
 
 15. The most important branches of the executive depart- 
 ment are to be put into the hands of a single magistrate, who 
 will in fact be an elective king. The military, the land and 
 naval forces, are to be entirely at his disposal, and therefore, 
 
 16. Should the senate, by the intrigues of foreign powers, 
 
1 32 Before the Meeting of the Convention. 
 
 become devoted to foreign influence, as was the case of late 
 in Sweden, the people will be obliged, as the Swedes have 
 been, to seek their refuge in the arms of the monarch or 
 President-General. 
 
 17. Rotation, that noble prerogative of liberty, is entirely 
 excluded from the new system of government, and the great 
 men may and probably will be continued in office during 
 their lives. 
 
 18. Annual elections are abolished, and the people are not 
 to re-assume their rights until the expiration of two, four and 
 six years. 
 
 19. Congress are to have the power of fixing the time, 
 place and manner of holding elections, so as to keep them 
 forever subjected to their influence. 
 
 30. The importation of slaves is not to be prohibited until 
 the year 1808, and slavery will probably resume its empire in 
 Pennsylvania. 
 
 31. The militia is to be under the immediate command of 
 Congress, and men conscientiously scrupulous of bearing 
 arms may be compelled to perform military duty. 
 
 33. The new government will be expensive beyond any we 
 have ever experienced; the judicial department alone, with 
 its concomitant train of judges, justices, chancellors, clerks, 
 sheriffs, coroners, escheators, State attorneys and solicitors, 
 constables, etc., in every State and in every county in each 
 State, will be a burden beyond the utmost abilities of the 
 people to bear, and upon the whole, 
 
 23- A government partaking of monarchy and aristocracy 
 will be fully and firmly established, and liberty will be but a 
 name to adorn the short historic page of the halcyon days of 
 America. 
 
 These, my countrymen, are the objections that have been 
 made to the new proposed system of government, and if you 
 read the system itself with attention you will find them all to 
 be founded in truth. But what have you been told in an- 
 swer? 
 
 I pass over the sophistry of Mr. W , in his equivocal 
 
 speech at the state-house. His pretended arguments have 
 
Aristocratic Sophistry. 183 
 
 been echoed and re-echoed by every retailer of politics, and 
 victoriously refuted by several patriotic pens. Indeed, if you 
 read this famous speech in a cool dispassionate moment, you 
 will find it to contain no more than a train of pitiful sophis- 
 try and evasions, unworthy of the man who spoke them. I 
 have taken notice of some of them in stating the objections, 
 and they must, I am sure, have excited your pity and indig- 
 nation. Mr. W is a man of sense, learning and exten- 
 sive information ; unfortunately for him, he has never sought 
 the more solid fame of patriotism. During the late war he 
 narrowly escaped the eifects of popular rage, and the people 
 seldom arm themselves against a citizen in vain. The whole 
 tenor of his political conduct has always been strongly 
 tainted with the spirit of high aristocracy; he has never been 
 known to join in a truly popular measure, and his talents 
 have ever been devoted to the patrician interest. His lofty 
 carriage indicates the lofty mind that animates him — a mind 
 able to conceive and perform great things, but which unfor- 
 tunately can see nothing great out of the pale of power and 
 worldly grandeur; despising what he calls the inferior order 
 of the people, popular liberty and popular assemblies offer to 
 his exalted imagination an idea of meanness and contemptibil- 
 ity, which he hardly seeks to conceal. He sees at a distance 
 the pomp and pageantry of courts, he sighs after those stately 
 palaces and that apparatus of human greatness which his 
 vivid fancy has taught him to consider as the supreme good. 
 Men of sublime minds, he conceives, were born a different 
 race from the rest of the sons of men; to them and them 
 only, he imagines, high heaven intended to commit the reins 
 of earthly government; the remaining part of mankind he 
 sees at an immense distance; they, he thinks, were born to 
 serve, to administer food to the ambition of their superiors 
 and become the footstool of their power. Such is Mr. 
 
 W , and fraught with these high ideas, it is no wonder 
 
 that he should exert all his talents to support a form of gov- 
 ernment so admirably contrived to carry them into execution. 
 But when the people, who possess collectively a mass of 
 knowledge superior to his own, inquire into the principles of 
 
184 Before the Meeting of the Convention. 
 
 that government on tlie establishment or rejection of which 
 depend their dearest concerns, when he is called upon by the 
 voice of thousands to come and explain that favorite system 
 which he holds forth as an object of their admiration, he 
 comes — he attempts to support by reasoning what reason 
 never dictated, and finding the attempt vain, his great mind, 
 made for nobler purposes, is obliged to stoop to mean evasions 
 and pitiful sophistry; himself not deceived, he strives to de- 
 ceive the people, and the treasonable attempt delineates his 
 true character, beyond the reach of the pencil of a West or 
 Peale, or the pen of a Valerius. 
 
 And yet that speech, weak and insidious as it is, is the 
 only attempt that has been made to support by argument that 
 political monster, the proposed constitution. I have sought 
 in vain amidst the immense heap of trash that has been 
 published on the subject, an argument worthy of refutation, 
 and I have not been able to find it. If you can bear the dis- 
 gust which the reading of those pieces must naturally occa- 
 sion, and which I have felt in the highest degree, read them, 
 my fellow citizens, and say whether they contain the least 
 shadow of logical reasoning, say (laying your hands upon 
 your hearts) whether there is anything in them that can 
 impress unfeigned conviction upon your unprejudiced minds. 
 
 One of them only I shall take notice of, in which I find 
 that argument is weakly attempted. This piece is signed 
 "An American Citizen," and has appeared with great pomp 
 in four succeeding numbers in several of our newspapers. 
 But if you read it attentively, you will find that it does not 
 tell us what the new constitution is, but what it is not, and 
 extols it on the sole ground that it does not contain all the 
 principles of tyranny with which the European governments 
 are disgraced. 
 
 But where argument entirely failed, nothing remained for 
 the supporters of the new constitution but to endeavor to in- 
 flame your passions. The attempt has been made, and I am 
 sorry to find not entirely without effect. The great names 
 of Washington and Franklin have been taken in vain and 
 shockingly prostituted to effect the most infamous pur- 
 
'"'' Great Names'''' not to be Considered. 185 
 
 poses. What ! because our august chieftain has subscribed 
 his name in his capacity of president of the convention to the 
 plan offered by them to the States, and because the venerable 
 sage of Pennsylvania has testified by his signature that the 
 majority of the delegates of this State assented to the same 
 plan, -will any one infer from this that it has met with their 
 entire approbation, and that they consider it as the master- 
 piece of human wisdom ? I am apt to think the contrary, 
 and I have good reason to ground my opinion on. 
 
 In the first place we have found by the publication of 
 Charles Cotesworth Pinckney^ esquire, one of the signing mem- 
 bers of the convention, who has expressed the most pointed 
 disapprobation of many important parts of the new plan of 
 government, that all the members whose names appear at the 
 bottom of this instrument of tyranny have not concurred in 
 its adoption. Many of them might conceive themselves 
 bound by the opinion of the majority of their State, and 
 leaving the people to their own judgment upon the form of 
 government offered to them, might have conceived it impoli- 
 tic by refusing to sign their names, to offer to the world the 
 lamentable spectacle of the disunion of a body on the deci- 
 sions of whom the people had rested all their hopes. We 
 know, and the long sitting of the convention tells us, that 
 (as it is endeavored to persuade us) concord and unanimity 
 did not reign exclusively among them. The thick veil of 
 secrecy with which their proceedings have been covered, has 
 left us entirely in the dark, as to the debates that took place, 
 and the \xa.z.ccoVin\3h\^ suppression of their journals, the high- 
 est insult that could be offered to the majesty of the people, 
 shows clearly that the whole of the new plan was entirely the 
 work of an aristocratic majority. 
 
 But let us suppose for a moment that the proposed govern- 
 ment was the unanimous result of the deliberations of the 
 convention — must it on that account preclude an investiga- 
 tion of its merits? Are the people to be dictated to without 
 appeal by any set of men, however great, however dignified ? 
 Freedom spurns at the idea and rejects it with disdain. We 
 appeal to the collective wisdom of a great nation, we appeal 
 
1 36 Before the Meeting of the Convention. 
 
 to their general sense, which is easily to be obtained through 
 the channel of a multitude of free presses, from the opinions 
 of thirty-nine men, who secluded from the rest of the world, 
 without the possibility of conferring with the rest of their 
 fellow-citizens, have had no opportunity of rectifying the 
 errors into which they may have been led by the most design- 
 ing among them. We have seen names not less illustrious 
 than those of the members of the late convention, subscribed 
 to the present reprobated articles of confederation, and if 
 those patriots have erred, there is no reason to suppose that 
 a succeeding set should be more free from error. Nay, the 
 very men who advocate so strongly the new plan of govern- 
 ment, and support it with the infallibility of Doctor Franklin, 
 affect to despise the present constitution of Pennsylvania, 
 which was dictated and avowed by that venerable patriot. 
 They are conscious that he does not entirely approve of the 
 new plan, whose principles are so different from those he 
 has established in our ever-glorious constitution, and there 
 is no doubt that it is the reason that has induced them to 
 leave his respected name out of the ticket for the approaching 
 election. 
 
 Now then my fellow-citizens, my brethren, my friends; if 
 the sacred flame of liberty be not extinguished in your breasts, 
 if you have any regard for the happiness of yourselves, and 
 your posterity, let me entreat you, earnestly entreat you by 
 all that is dear and sacred to fr,eemen, to consider well before 
 you take an awful step which may involve in its consequences 
 the ruin of millions yet unborn. You are on the brink of a 
 dreadful precipice — in the name therefore of holy liberty, for 
 which I have fought and for which we have all suffered, I call 
 upon you to make a solemn pause before you proceed. One 
 step more, and perhaps the scene of freedom is closed forever 
 in America. I^et not a set of aspiring despots, who make us 
 slaves, and tell us 'tis our charter, wrest from you those in- 
 valuable blessings, for which the most illustrious sons of 
 America have bled and died — ^but exert yourselves, like men, 
 like freemen, and like Americans, to transmit unimpaired to 
 your latest posterity those rights, those liberties, which have 
 
The Twenty-three Objections Refuted. 187 
 
 ever been dear to you, and which it is yet in your power to 
 preserve. 
 
 An Officer of the late Continental Army.* 
 Philadelphia, November 3, 1787. 
 
 [Reply to "An Officer, &c."] 
 
 Friend Oswald: Seeing in thy paper of yesterday twenty- 
 three objections to the new plan of federal government, I am 
 induced to trouble the public once more ; and shall endeavor 
 to answer them distinctly and concisely. That this may be 
 done with candor, as well as perspicuity, I request thee to re- 
 print them as they are stated by "an officer of the late Con- 
 tinental army, ' ' and to place my answers in the same order. 
 
 I shall pass over everything that is not in point, and leave 
 
 the strictures on friend W to those who are acquainted 
 
 with him: I will only observe that "his lofty carriage," is 
 very like to be the effect of habit; for I know by experience 
 that a man who wears spectacles, must keep his head erect to 
 see through them with ease, and to prevent them from falling 
 off his nose. 
 
 Now for the objections: 
 
 " I. It is not merely (as it ought to be) a Confederation of 
 States, but a Government of Individuals. ' ' 
 
 Answer i. It is more a government of the people, than the 
 present Congress ever was, because the members of Congress 
 have been hitherto chosen by the Legislatures of the several 
 States. The proposed representatives are to be chosen ' ' by 
 the people. ' ' If therefore it be not a confederation of the States, 
 it is a popular compact, something more in favor of liberty. 
 Art. I, Sect. 3. 
 
 "2. The powers of Congress extend to the lives, the liber- 
 ties and the property of every citizen. ' ' 
 
 2. Is there a government on earth, where the life, liberty 
 and property of a citizen may not be forfeited by a violation 
 of the laws of God and man? It is only when justified by 
 such crimes, that the new government has such power; and 
 
 * Independent Gazetteer, Nov. 6, 1787. 
 
1 88 Before the Meeting of the Convention. 
 
 all crimes (except in cases of impeacliment) are expressly to 
 be tried by jury ^ in the State where they may be committed. 
 Art. 3, Sect. 3. 
 
 ' ' 3. The sovereignty of the different states is ipso facto de- 
 stroyed in its most essential parts. ' ' 
 
 3. Can the sovereignty of each state in all its parts exist, 
 if there be a sovereignty over the whole ? Is it not nonsense 
 in terms, to suppose a united government of any kind, over 
 thirteen co-existent sovereignties? "It is obviously imprac- 
 ticable in the federal government of these states, to secure all 
 the rights of independent sovereignty to each, and yet pro- 
 vide for the interest and safety of all." (President's letter.) 
 
 "4. What remains of it, will only tend to create violent 
 dissensions between the state governments and the Congress, 
 and terminate in the ruin of the one or the other." 
 
 4. No such dissension can happen, unless some state oppose 
 the interests of the whole collectively; and it is to overcome 
 such opposition by a majority of 13 to i, "to ensure domestic 
 tranquillity, to provide for the common defence, promote the 
 general welfare, and secure the blessings of liberty," that the 
 union is now, and has ever been thought indispensable. (In- 
 troduction to the new plan.) 
 
 "5. The consequence must therefore be, either that the 
 union of the states will be destroyed by a violent struggle, or 
 that their sovereignty will be swallowed up by silent encroach- 
 ments into a universal aristocracy ; because it is clear, that if 
 two different foreign powers have a co-equal command over 
 the purses of the citizens, they will struggle for the spoils, 
 and the weakest will be in the end obliged to yield to the ef- 
 forts of the strongest." 
 
 5. The preceding petition being eradicated, this conse- 
 quence falls to the ground. It may be observed, however, 
 that the revenue to be raised by Congress, is not likely to in- 
 terfere with the taxes of any state. Commerce is the source 
 to which they will naturally apply, because that is one great 
 and uniform object, and they cannot attend to detail. The 
 burden, too, will in this way be scarcely felt by the people. 
 All foreigners who may sell merchandise at a loss (and that 
 
The Twenty-three Objections Refuted. 189 
 
 often has been, and often will be the case in an extensive de- 
 gree,) will pay the impost in addition to that loss, and the 
 duties on all that may be sold at a profit, will be eventually 
 paid by the consumers: thus the taxes will be insensibly in- 
 cluded in the price, and every man will have the power of re- 
 fusal, by not consuming the taxed luxuries. 
 
 "6. Congress being possessed of these immense powers, 
 the liberties of the states and of the people are not secured 
 by a bill or declaration of rights." 
 
 6. Notwithstanding all that has been written against it, I 
 
 must recur to friend W 's definition on this subject. A 
 
 state government is designed for all cases whatsoever., con- 
 sequently what is not reserved, is tacitly given. A federal 
 government is expressly only for federal purposes.^ and its 
 power is consequently bounded by the terms of the compact. 
 In the first case a Bill of Rights is indispensable, in the sec- 
 ond it would be at best useless, and if one right were to be 
 omitted, it might injuriously grant, by implication, what was 
 intended to be reserved. 
 
 ' ' 7. The sovereignty of the states is not expressly reserved : 
 the form only, and not the substance of their government, is 
 guaranteed to them by express words. ' ' 
 
 7. When man emerged from a state of nature, he surely 
 did not reserve the natural right of being the judge of his 
 wrongs, and the executioner of the punishments he might 
 think they deserved. A renunciation of such rights, is the 
 price he paid for the blessings of good government; and for 
 the same reason, state sovereignty (as I have before observed) 
 is as incompatible with the federal union, as the natural right 
 of human vengeance is, wiih the peace of society. 
 
 "The United States shall guarantee to every state a repub- 
 lican form of government." That is, they shall guarantee 
 it against monarchical or aristocratical encroachments ; Con- 
 gress can go no further, for the states would justly think 
 themselves insulted, if they should presume to interfere in 
 other alterations which may be individually thought more 
 consistent with the good of the people. Art. 4, Sec. 4. 
 
 "8. Trial by jury, that sacred bulwark of liberty, is abol- 
 
igo Before the Meeting of the Convention. 
 
 ished in civil cases, and Mr. W , one of the convention, 
 
 has told you, that not being able to agree as to the form of 
 establishing this point, they have left you deprived of the 
 substance. Here is his own words: 'The subject was in- 
 volved in difficulties. The convention found the task too 
 difficult for them, and left the business as it stands.' " 
 
 8. Trial by jury has been seen to be expressly preserved in 
 criminal cases. In civil cases, the federal court is like a court 
 of chancery, except that it has original jiirisdiction only in 
 state affairs ; in all other matters it has " appellate jurisdic- 
 tion both as to law and fact, with such exceptions and under 
 such regulations as Congress shall make." Art. 3, Sec. 2. 
 Nobody ever complained that trials in chancery were not by 
 jury. A court of chancery "may issue injimctions in various 
 stages of a cause," saith Blackstone, "and stay oppressive 
 judgment." Yet courts of chancery are every where extolled 
 as the most equitable ; the federal court has not such an ex- 
 tent of power, and what it has is to be always under the ex- 
 ceptions and regulations of the United States in Congress. 
 
 Friend W has well observed that it was impossible 
 
 to make one imitation of thirteen different models, and the 
 matter seems now to stand as well as human wisdom can 
 permit. 
 
 ' ' 9. The liberty of the press is not secured, and the powers 
 of Congress are fully adequate to its destruction, as they are 
 to have the trial of libels, or pretended libels against the 
 United States, and may by a cursed abominable stamp act 
 (as the Bowdoin administration has done in Massachusetts) 
 preclude you effectually from all means of information. Mr. 
 W has given you no answer to these arguments." 
 
 9. The liberty of the press in each state can only be in 
 danger from the laws of that state, and it is everywhere well 
 secured. Besides, as the new Congress can only have the de- 
 fined powers given, it was needless to say anything about 
 liberty of the press, liberty of conscience, or any other liberty 
 that a freeman ought never to be deprived of. It is remark- 
 able in this instance, that among all the cases to which the 
 federal jurisdiction is to extend (art. 3), not a word is said of 
 
The Twenty-three Objections Refuted. 191 
 
 "libels or pretended libels." Indeed, in this extensive con- 
 tinent, and among this enlightened people, no government 
 whatever could control the press. For after all that is said 
 about "balance of power," there is one power which no ty- 
 ranny on earth could subdue if once roused by this great and 
 general grievance, that is, the people. This respectable 
 power has preserved the press in Great Britain in spite of 
 government; and none but a madman could ever think of 
 controlling it in America. 
 
 "10. Congress have the power of keeping up a standing 
 
 army in time of peace, and Mr. W has told you that it 
 
 is necessary.'''' 
 
 10. The power here referred to is this, ' ' to raise and sup- 
 port armies, but no appropriation of money to that use shall be 
 for a longer term than two years.'''' — Art. i. Sect. 8. Thus 
 the representatives of the people have it in their power to dis- 
 band this army every two years, by refusing supplies. Does 
 not every American feel that no standing army in the power 
 of Congress to raise, could support despotism over this im- 
 mense continent, where almost every citizen is a soldier? If 
 such an apprehension came, in my opinion, within the bounds 
 of possibility, it would not indeed become my principles to 
 oppose this objection. 
 
 " I r. The lycgislative and Executive powers are not kept 
 separate, every one of the American constitutions declares they 
 ought to be; but they are mixed in a manner entirely novel 
 and unknown, even to the constitution of Great Britain. ' ' 
 
 11. The first article of the constitution defines the legisla- 
 tive, the second, the executive, and the third the judicial 
 powers; this- does not seem like mixing them. It would be 
 strange indeed if a professed democratist should object, that 
 the president's power is made subject to "the advice and con- 
 sent of two- thirds of the Senate. ' ' Art. 2, Sect. 2. 
 
 "12. In England, the king only has a nominal negative 
 over the proceedings of the legislature, which he has never 
 dared to exercise since the days of King William, whereas by 
 the new constitution, both the President-General and the 
 Senate, two executive branches of the government, have the 
 
192 Before the Meeting of the Convention. 
 
 negative, and are intended to support each other in the exer- 
 cise of it." 
 
 12. Whoever will read the 7th section of the 4th article, 
 will see that the president has only a conditional negative, 
 which is effectual or not as two-thirds of the Senate and two- 
 thirds of the Representatives may on reconsideration deter- 
 mine. If the "two executive branches" (as they are here 
 called) should agree in the negative, it would not be novel, 
 as to the power of the Senate; for I believe every senate on 
 the continent, and every upper house in the world, may 
 refuse concurrence, and quash a bill before it arrives at the 
 executive department. The king of England has an uncon- 
 ditional negative, and has often exercised it in his former 
 colonies. 
 
 "13. The representation of the lower house is too small, 
 consisting only of 65 members. ' ' 
 
 13. The Congress on the old plan had but 13 voices, and 
 of these, some were frequently lost by equal divisions. If 
 65 voices be yet too few, it must follow that the new plan has 
 made some progress towards perfection. 
 
 ' ' 14. That of the Senate is so small that it renders its ex- 
 tensive powers extremely dangerous: it is to consist only of 
 26 members, two-thirds of whom must concur to conclude 
 any treaty or alliance with foreign powers. Now we will 
 suppose that five of them are absent, sick, dead, or unable to 
 attend, twenty-one will remain, and eight of these (one-third, 
 and one over) may prevent the conclusion of any treaty, even 
 the most favorable to America. Here will be a fine field for 
 the intrigues and even the bribery and corruption of Euro- 
 pean powers." 
 
 14. This like the former objection is mere matter of opin- 
 ion. The instance as to supposed vacancies does not apply, 
 for ' ' if vacancies happen by resignation or otherwise during 
 the recess of the Legislature of any State, the executive there- 
 of may make temporary appointments until the meeting of 
 the I^egislature, which shall then fill such vacancies." Art. 
 I, Sec. 3. This provision expressly implies that accidental 
 vacancies shall be immediately filled. , 
 
The Twenty-three Objections Refuted. r93 
 
 " 15. The most important branches of the executive depart- 
 ment are to be put into the hands of a single magistrate, who 
 will be in fact an elective king. The military, the land and 
 naval forces are to be entirely at his disposal." 
 
 15. It was mentioned as a grievance in the 12th objection 
 that this 'supposed "elective king" had his powers clogged 
 by the conjunction of another branch; here he is called a 
 ' ' single magistrate. ' ' Yet the new constitution provides that 
 he shall act "by and with the advice and consent of the Sen- 
 ate," Art. 2, Sec. 2, and can in no instance act alone, except 
 in the cause of humanity by granting reprieves or pardons. 
 
 "16. Should the Senate, by the intrigues of foreign powers, 
 become devoted to foreign influence, as was the case of late 
 in Sweden, the people will be obliged, as the Swedes have 
 been, to seek their refuge in the arms of the monarch or Pres- 
 ident-General. ' ' 
 
 16. The comparison of a little kingdom to a great repub- 
 lic, cannot be just. The revolution in Sweden was the affair 
 of a day, and the success of it was owing to its confined 
 bounds. To suppose a similar event in this extensive coun- 
 try, 3000 miles distant from European intrigues, is, in the 
 nature of things, a gross absurdity. 
 
 "17. Rotation, that noble prerogative of liberty, is entirely 
 excluded from the new system of government, and great men 
 may and probably will be continued in ofiice during their 
 lives. ' ' 
 
 17. How can this be the case, when at stated periods the 
 government reverts to the people, and to the representatives 
 of the people, for a new choice in every part of it ? 
 
 "18. Annual elections are abolished, and the people are 
 not to re-assume their rights until the expiration of two, four 
 and six years. ' ' 
 
 18. Annual changes in a federal government would beget 
 confusion ; it requires years to learn a trade, and men in this 
 age are not legislators by inspiration. One-third of the Sen- 
 ate, as well as all of the Representatives, are to be elected 
 every two years. Art. i, Sec. 3. 
 
 ' ' 19. Congress are to have the power of fixing the time, 
 13 
 
194 Before the Meeting of' the Convention. 
 
 place, and manner of holding elections, so as to keep them 
 forever subjected to their influence. ' ' 
 
 19. Congress are not to have power to fix the place of 
 choosing Senators ; and the time, place, and manner of elect- 
 ing Representatives are to be fixed by each State itself. Con- 
 gress, indeed, are to have control to prevent undue influence 
 in elections, which we all know but too often happens through 
 party zeal. Art. i, Sec. 4. 
 
 "20. The importation of slaves is not to be prohibited until 
 the year 1808, and slavery will probably resume its empire in 
 Pennsylvania. ' ' 
 
 20. This is fully answered in my letter to Timothy, but it 
 may not be amiss to repeat that Congress will have no power 
 to meddle in the business until 1808. All that can be said 
 against this ofiending clause is, that we may have no altera- 
 tion in this respect for twenty-one years to come; but twenty- 
 one years is fixed as a period when we may be better, and in 
 the meantime we cannot be worse than we are now. Art. i, 
 Sec. 9. 
 
 "21. The militia is to be under the immediate command 
 of Congress, and men conscientiously scrupulous of bearing 
 arms, may be compelled to perform military duty. ' ' 
 
 21. Congress may "provide for calling forth the militia, 
 and may provide for organizing, arming, and disciplining it. ' ' 
 But the states respectively can only raise it, and they ex- 
 presslj' reserve the right of "appointment of ofiicers and of 
 training it. ' ' Now we know that men conscientiously scru- 
 pulous by sect or profession are not forced to bear arms in any 
 of the States, a pecuniary compensation being accepted in 
 lieu of it. Whatever may be my sentiments on the present 
 state of this matter is foreign to the point. But it is certain 
 that whatever redress may be wished for, or expected, can 
 only come from the State IvCgislature, where, and where only, 
 the dispensing power, or enforcing power, is in the first in- 
 stance placed. Art. I, Sec. 8. 
 
 "22. The new government will be <?j^^«j2W beyond any 
 we have ever experienced ; the judicial department alone, with 
 its concomitant train of judges, justices, chancellors, clerks, 
 
The Twenty-three Objections Refuted. 195 
 
 sheriffs, coroners, escheators, state attorneys and solicitors, 
 constables, etc. , in every state, and in every county in each 
 state, will be a burden beyond the utmost abilities of the peo- 
 ple to bear." 
 
 22. This mighty expense would be paid by about one shil- 
 ling a man throughout the states. The other part of this ob- 
 jection is not intelligible; nothing is said in the new consti- 
 tution of a judicial department in "states and counties," 
 other than what is already established. 
 
 "23. A government partaking of monarchy ^vAa.rx^tozrz.cj 
 will be fully and firmly established, and liberty will be but a 
 name to adorn the short historic page of the halcyon days of 
 America. ' ' 
 
 23. The 5th article expressly provides against every dan- 
 ger, by pointing out a mode of amendment when necessary'. 
 And liberty will thus be a name to adorn the long historic 
 page of American virtue and happiness. 
 
 Thus I have answered all the objections, and supported my 
 answers by fair quotations from the new constitution ; and I 
 particularly desire my readers to examine all the references 
 with accurate attention. If I have mistaken any part, it will, 
 I triTst, be found to be an error of judgment, not of will, and 
 I shall thankfully receive any candid instruction on the sub- 
 ject. One quotation more and I have done: "In all our de- 
 liberations on this subject (saith George Washington) we kept 
 steadily in our view, that which appears to us the greatest in- 
 terest of every true American, the consolidation of our union, 
 in which is involved our prosperity, felicity, safety, perhaps 
 our national existence. This important consideration, seri- 
 ously and deeply impressed on our minds, led each State in 
 the convention to be less rigid on points of inferior magni- 
 tude, than might have been otherwise expected; and thus 
 the constitution which we now present is the result of a 
 spirit of amity, and of that mutual deference and concession 
 which the peculiarity of our political situation rendered in- 
 dispensable. ' ' Plain Truth. * 
 
 * Independent Gazetteer, Nov. 10, 1787. 
 
196 Before the Meeting of the Convention. 
 
 [One of the Dissenting Assemblymen.] 
 
 From The Pennsylvania Packet and Daily Advertiser^ Nov. 
 
 14, 1787. 
 
 Messrs. Printers: As the Constitution framed by the late 
 Continental Convention is an object of the greatest magni- 
 tude, and upon the adoption or rejection of which the happi- 
 ness or misery of this country greatly depends, I am happy 
 to find it has become a subject of general discussion, and that 
 many able pens are employed in the investigation of its 
 nature and principles; everything, therefore, that hath any 
 relation to this business must be interesting and of import- 
 ance to the public. The secession of the minority of the late 
 house of assembly having connection with this matter, and 
 being severely reprobated by many who are, perhaps, igno- 
 rant of the principles which influenced their conduct, I have 
 taken the liberty, as one of that minority, of stating to the 
 public, through the medium of your paper, the motives 
 which induced us to take such a measure. 
 
 In the formation of every good government, every innova- 
 tion should be carefully guarded against, as it is much easier 
 to prevent than to remedy evils ; therefore, in every free gov- 
 ernment, the power of putting a negative upon particular 
 laws is lodged in such a man or body of men, as have not the 
 power of enacting laws. Thus, in Britain, a complete nega- 
 tive is vested not only in each house of parliament, but also 
 in the king, whereas the concurrence of king, lords, and 
 commons are necessary to enact a law. The despotism of the 
 French monarchy is much restrained by the powers lodged 
 with the parliament of Paris, of preventing the operation of 
 any new laws, by refusing to register them. When the Ro- 
 man Republic was in the zenith of its glory, the negative of 
 a single tribune was sufficient to prevent the enacting of a 
 law, but the concurrence of twelve tribunes was necessary to 
 make any new law or innovation. In the Republic of Genoa, 
 four-fifths of the Senate must assent to any new law, conse- 
 quently if even forty should concur in the measure, it might 
 be prevented by eleven. 
 
 But to come nearer home. In our neighboring States, the 
 
The Negative. 197 
 
 majority of the Senate or upper house have a complete nega- 
 tive over the whole I^egislature, which amounts in most cases 
 to one exercising a complete negative over eight, ten, or 
 twelve. 
 
 The framers of the Constitution of Pennsylvania, sensible 
 of the necessity of preventing innovations, have also pro- 
 vided sufficient checks; and though our legislature consists 
 of but one branch, and it is not in the power of a single 
 magistrate, or a majority of a small upper house, to put a 
 negative on our laws, or prevent what they might think im- 
 proper innovations; yet, even in this government which de- 
 rives its greatest security from responsibility and necessary 
 rotation, no bills can be enacted into laws, except in cases of 
 sudden necessity, without being published for consideration 
 from session to session, and thus laying them before the peo- 
 ple, together with the yeas and nays, and reasons for the vote, 
 if any two members require it; but as the house are neces- 
 sarily judges of the sudden necessity which may exist for en- 
 acting laws hastily, the constitution has carefully guarded 
 against any attempt of designing men, who may, from the 
 prevailing influence of some improper or dangerous interest, 
 prostitute the cry of public necessity to cloak their ambition, 
 and thus attempt such innovations as the minority may think 
 unconstitutional and highly mischievous, to prevent which 
 our form of government provides, that a quorum of not less 
 than two-thirds of the whole number elected shall be neces- 
 sarily present, in order to do business. Thus, a negative 
 check is clearly erected, and the exercise thereof vested in 
 such a minority as shall exist of a little more than one-third 
 of the whole number elected. This is clearly a constitutional 
 check; the legislature have not the power of preventing it, 
 and the members who shall exercise it are responsible to their 
 constituents only for their conduct. 
 
 This negative has been often put in practice; there is an 
 instance of its having been done twice in one day; but as, 
 perhaps, the house was not of the greatest importance, or 
 what is more probable, that the majority were not aided by a 
 mob, these instances made very little noise, nor was the ex- 
 
198 Before the Meeting of the Convention. 
 
 ercise of this negative ever attempted to be prevented, until 
 
 the day of , 1784; when near the close of the last 
 
 session of the house, a bill was brought forward for reviving 
 the test laws. This the minority considered as a matter in 
 which their constituents ought to be consulted, and for the 
 enacting of which there was no sudden necessity; they, there- 
 fore, considered the enacting thereof in such a manner as a 
 wilful breach of the constitution, and judged it to be their 
 duty to avail themselves of every means which the constitu- 
 tion itself put in their power to preserve it inviolable, and 
 consequently put a stop to the business, until it comes before 
 their constituents; but on this occasion the doors were at- 
 tempted to be shut, and force was used to detain the mem- 
 bers, therefore they did not return to finish the business of 
 the house, apprehending that if they acted under compulsion 
 or the power of a mob, whatever was done would not be bind- 
 ing on the citizens, because freedom of acting is indispensa- 
 ble to the exercise of legislative authority. The case, of 
 course, came before the people, and they decided, by approv- 
 ing of and returning the members who dissented, and by re- 
 jecting the majority of those who urged on the business. 
 
 The next occasion when this negative was exercised was on 
 the 28th day of September last, being expected (at least by 
 many of the members) to be the last day of the house sitting, 
 when a resolution was proposed by one of the members (who 
 had also been a member of the late Federal Convention) for 
 calling a state convention, to be elected in the greatest part 
 of the State within about ten days, for the purpose of exam- 
 ining and adopting the proposed new constitution for the 
 government of the United States. To offer a resolution of 
 such importance at that late hour, to take it up instantly 
 without giving the members who did not expect such an at- 
 tempt, and were consequently wholly unprepared, time even 
 until the afternoon for advisement, was truly extraordinary. 
 But, when it is considered that the adopting of the proposed 
 plan may, in its consequences, alter, or even annihilate the 
 constitution of our own State under which we act, and which 
 is the rule and measure of our legislative authority, and to 
 
Remarks of a Dissenting Assemblyman. 199 
 
 preserve which inviolate we had, in the presence of God, and 
 of each other, solemnly plighted our faith; every unpreju- 
 diced person will allow we ought to have taken time to delib- 
 erate. Even the Council of Censors, who have the constitu- 
 tional right to propose alterations or amendments to the con- 
 stitution, yet are strictly prohibited from calling a convention 
 to adopt such alterations or amendments, until they are pub- 
 lished at least six months for the consideration of the people. 
 But in the present instance, the assembly were called upon 
 by surprise to propose essential alterations in the forms of 
 government, without having received any new powers for 
 that purpose from the people, but being expressly guarded 
 from doing it, both by the powers delegated to them and by 
 their own solemn oaths, and without permitting the people to 
 know or judge of the importance of those alterations in their 
 government, which they were thus called upon to adopt or 
 reject, or the relative fitness of the persons whom they were 
 about to elect for the proposed convention, or without the 
 shadow of necessity for going into the measure with precipi- 
 tation, as no injury could arise from deferring the business 
 until the meeting of the new house, who would at least enjoy 
 implied powers for that purpose, and might have sufl&cient 
 information from the people to enable them to go into the 
 business with a degree of understanding suited to its import- 
 ance. But taking the matter up at that time and manner 
 was an express violation of the existing confederation, for it 
 is now well known that Congress did not transmit the new 
 constitution to this State until the week after the last house 
 finally rose, and that it was not officially before the legislature 
 until after the present house met. In this situation we, who 
 were of the minority, saw no alternative but either by our 
 presence to assist in breaking the constitution of this State 
 and the confederation of the United States, or else to avail 
 ourselves of that negative check which the constitution itself 
 hath instituted, by constituting a large quorum, and secured 
 the exercise of by preventing the doors from being shut. 
 
 If the constitution had not pointed out such an alternative, 
 or if the minority had not thought proper to make use of it. 
 
20O Before the Meeting of the Convention. 
 
 necessity dictated the measure; for before the business was 
 brought forward, and before many of us knew any such mat- 
 ter was designed, the gallery and doors were so unusually 
 crowded as to give ground of surprise, though we had no sus- 
 picion of the design until the extraordinary resolution was 
 offered, and the still more extraordinary language that was 
 used to support it, viz. : 
 
 "That the citizens who had declined to sign an approba- 
 tion of the new plan would shortly be dragged forth with 
 public infamy and disgrace; that none would dare to oppose 
 it; that the confederation was dissolved and rotten, and did 
 not exist, ' ' etc. I was by that time fully convinced that we 
 were surrounded with a mob, probably collected there for the 
 occasion by those who, being members of the house, had the 
 address to procure seats in the Federal Convention; and these 
 having exceeded the powers delegated to them were intoxi- 
 cated with such fondness for the creature of their own pro- 
 duction, or perhaps for the enjoyment of those offices which 
 they had so liberally provided in the proposed plan, as not 
 only to break through the rules of decency and good order, 
 but every obligation they were under to their constituents. 
 
 Under the full persuasion that we were acting under such 
 restraint as was inconsistent with the free exercise of legisla- 
 tive authority, and entirely subversive of the powers with 
 which we were entrusted, when the first paragraph of the 
 plan was pretty largely debated and adopted, and the remain- 
 ing paragraphs were before us, the house adjourned until the 
 afternoon, which was the only instance of that session in 
 which we were to sit twice in one day. I then determined in 
 my own mind not to return to the house until I could do it 
 with confidence of enjoying personal freedom, steadfastly be- 
 lieving that no law enacted under the evident restraint of a 
 mob could be binding or admitted in a court of justice; but 
 such of us who had opportunity proposed to the speaker of 
 the house, and to the members who moved that hasty busi- 
 ness, for to return to the house and finish the business that 
 was regularly brought before the house, upon those gentle- 
 men engaging that the new plan should not be further urged 
 
Remarks of a Dissenting Assemblyman. 201 
 
 until it would come oflScially and orderly before them, but 
 this was refused; and it is now notorious, that upon the next 
 day after the resolution was introduced, the mob, after ren- 
 dezvousing at the State House, marched to and entered by 
 force the lodging of some of the members, and carried off two 
 of -them (which was all that fell into their hands), unto the 
 assembly room — then become the guard house of the mob — 
 and after putting them into it kept them there, and when 
 under this restraint they assumed the form of a legislative 
 assembly, and counting upon the imprisoned members as a 
 necessary part of their number, proceeded to complete the 
 resolutions, but with some alteration, for they did not then 
 dare to give so short a day for the election as on the preced- 
 ing day, and they added an idea to delude the people, as if 
 the proposed plan of government had been transmitted to the 
 house from Congress; but this I have already noticed, and it 
 is now universally known to be true, whilst proceeding on 
 this business the two members who were forced there by the 
 mob were not only under restraint, but one of them prevented 
 from his freedom of going even to the door by one who was 
 both a member of the late Federal Convention and of the 
 assembly, laying forcible hands upon him, and by the mob- 
 cry ' 'stop, stop, ' ' &c. , and during those transactions so far was 
 the discipline of the house from being exerted, that there was 
 not even a call to order by the Speaker. 
 
 Thus it appears that the dissenting members only availed 
 themselves of this constitutional negative in a case where 
 the Constitution itself and the confederation were both at 
 stake, as well as the people's right to information in a case 
 wherein they are to judge for themselves and posterity. The 
 magnitude of the case invited, and forcible necessity drove 
 them to appeal to their constituents, who have already given 
 an uncontrovertible decision in favor of our conduct by re- 
 electing all those members who dissented that had not already 
 served four years in the house, except one man who was left 
 out through a mistaken division of votes, occasioned by a re- 
 cent erection of a county. Thus the people have given the 
 strongest testimony of their approbation which the case 
 admits of. 
 
302 Before the Meeting of the Convention. 
 
 It is the glory of the American revolution that the respec- 
 tive governments underwent a free and rational discussion, 
 were the fruit of deliberation and choice, and were not dic- 
 tated by a chieftain, nor hatched in a secret conclave, where 
 the depraved and intriguing generally overreach and circum- 
 vent the disinterested and virtuous: they were also generally 
 left open to a regular course of alteration or amendment, ac- 
 cording as experience and circumstances dictate the propriety. 
 But who would then have believed that at this early period, 
 within the remembrance, and even when the feelings of the 
 revolution were yet fresh on every sensible patriotic mind, 
 that an attempt should be made in a legislative body to pre- 
 clude the people who accomplished the revolution, and whose 
 wounds have yet scarcely ceased to bleed, from the means 
 of understanding and judging of the amendments or altera- 
 tions by which they are to be bound. Future generations 
 will justly censure those who precipitated this business, when 
 the dark designs and ambitious intrigues which have fo- 
 mented the embarrassments of the Union, and paved the way 
 for the aristocratic attempts of the present day, shall be fully 
 unfolded. 
 
 The worst that even an improper exertion of this negative 
 by a minority can do is to postpone the business in question, 
 be it what it will, and so to give further time for advisement. 
 
 But what will be the opinion of freemen of the precedent 
 set by the majority of the late house, if a mob may be em- 
 ployed or countenanced in compelling members to attend and 
 act who are necessarily responsible only to the rules of their 
 own house and their constituents. May not the mob by the 
 same rule, if they dislike a business which is likely to be 
 enacted into a law, take out what number of members they 
 please so as to turn the majority to their wishes? or may they 
 not by all the terrors of riot oblige the members to vote as 
 they think fit ? But the consequences are too plain and too 
 dreadful to be dwelt upon. 
 
 In some other free countries, mobs have had the audacity 
 to interrupt the legislature, and prevent for a time the pro- 
 gress of some business obnoxious to the populace; but it 
 
Remarks of a Dissenting Assemblyman. 203 
 
 remained for the legislature of Pennsylvania to suflFer, and 
 for the mob of Philadelphia to commit, that kind of outrage 
 which puts an end to constitutional government, and the 
 peace and confidence of society at once: for who can think a 
 deliberative body free in their decisions, which sits in reach 
 of the operations and terrors of such a set of desperadoes? 
 
 One of the evils prevalent in the controversies of the pres- 
 ent times is, that the supposed merit or demerit of names 
 are urged instead of reason, and detraction instead of argu- 
 ment. For this cause I shall not at present give my real 
 name, but subscribe myself what I really have been. 
 
 One of the Dissenting Assemblymen. 
 
CHAPTER IV. 
 
 THE DEBATE IN THE CONVENTION.. 
 
 The election of delegates to represent Philadelphia in the 
 State Convention to consider the constitution took place at the 
 State House on Tuesday, November 6th. All went quietly 
 during the day. But at midnight a crowd gathered, and a 
 riot occurred before the now famous house of Mr. Alexander 
 Boyd on Sixth street The occasion of the riot was the pres- 
 ence in the house of the Anti- Federal Junto against whom 
 the voters had been muttering threats all day. What hap- 
 pened was stated to the Assembly a few days later by one of 
 the members insulted. 
 
 GENEEAI, ASSEMBLY. 
 
 Saturday^ November loth. 
 
 The house met pursuant to adjournment. 
 
 The order of the day for electing a state treasurer was 
 called up, but Mr. M'l^ean expressing a desire to state a sub- 
 ject of some importance, that order was postponed to give him 
 an opportunity to address the house, which he did in the fol- 
 lowing manner: 
 
 Mr. M ' Lean. It is with the greatest diffidence I rise to 
 represent some facts, which in my opinion, respect more the 
 dignity, and honor of this house, than the personal safety 
 and resentments of those who are individually interested. 
 As a member of the legislature, it is my duty to guard and 
 protect its privileges in whatever form they may be attacked; 
 and even Mr. Speaker, when so humble a member as he that 
 now addresses you, has been made the means of offering an 
 insult to the house, the offence, which is but trivial when we 
 consider the man, becomes of great importance when we con- 
 sider his office. For these reasons therefore, I think myself 
 bound to lay before the house, the circumstances of complaint 
 
 (204) 
 
Riot at Mr. Boycfs. 205 
 
 to which I have alluded ; but to their wisdom I shall impli- 
 citly submit the measures which are proper to be pursued 
 upon the occasion. About midnight on Tuesday last, a great 
 concourse of people assembled opposite to the house of Mr. 
 Alexander Boyd, in which myself, several other members of 
 this house, and several members of the supreme executive 
 council lodged, and at that time had retired to our respec- 
 tive chambers. The persons thus assembled made a consider- 
 able noise in the streets, and at length assailed Mr. Boyd's 
 house, beating loudly at the door, and breaking the windows, 
 thro' which they threw some very large stones, etc. , exclaim- 
 ing repeatedly, "here the damned rascals live who did all the 
 mischief," and using other words highly reproachful to the 
 members of this house and of the executive council. What 
 were the motives of the rioters for this conduct, I do not 
 know, nor am I solicitous to enquire; but having stated these 
 facts, I am confident every gentleman here is ready to ex- 
 press his disapprobation of the proceedings, so grossly in vio- 
 lation of the law of the land, and the established privilege of 
 this house. 
 
 Mr. Findley. Though I am aware, Mr. Speaker, that the 
 fullest credit will be given to the information of the member 
 who has just spoken, and that upon this subject no other 
 evidence is necessary to support his allegation, yet I have 
 been solicitous to put the authenticity of the facts which have 
 been stated beyond all doubt, and therefore beg leave to pre- 
 sent two afl&davits, one made by Mr. Boyd, whose house has 
 been attacked, and the other by Mr. Baird, a member of the 
 supreme executive council. 
 
 The clerk then read the afiidavits, which were as follows: 
 
 '■^Philadelphia^ ss.''^ 
 
 On this ninth day of November, in the year of our Lord 
 one thousand seven hundred and eighty-seven, before me 
 Plunket Fleeson, Esquire, being one of the justices of peace, 
 in the city and county of Philadelphia, residing in the said 
 city; Cometh Alexander Boyd, of Sixth street, from Delaware 
 river in the said city. Esquire, who being solemnly sworn 
 with uplifted hand, doth depose, testify and say that on the 
 
2o6 The Debate in the Convention. 
 
 night of Tuesday last, being the sixth of this present month 
 of November, this dependent, together with the honorable 
 John Smilie, John Baird and Abraham Smith, members of the 
 supreme executive council; and James M'Calmont, James 
 M'lvean, John Piper and William Findley, Esquires, represen- 
 tatives in the general Assembly of the State of Pennsylvania, 
 who lodge with this deponent, were gone to bed in his dwelling 
 in Sixth street aforesaid: that this deponent was fallen asleep, 
 when about 12 o'clock at midnight, a great noise in the ad- 
 joining street, awaked this deponent, who thereupon imme- 
 diately jumped out of his bed, and raising the sash of a win- 
 dow towards the street of the the third floor of the house, he 
 saw a considerable number of men in the street, of whom 
 twelve or fifteen were nigh to the door of this deponent's 
 dwelling, and that divers of the persons, so as aforesaid as- 
 sembled, did then and there speak reproachfully of the gentle- 
 men who were lodged with this deponent, and did say that 
 here is the house where the damned rascals lodge who do all 
 the devilment, or words to the like effect; adding that they 
 ought to be all hanged. That hearing the window rise and 
 seeing this deponent at the window, as this deponent believes, 
 this deponent hear one of the same persons say. 'There 
 is one of the damned rascals putting his head out of the win- 
 dow. ' That a man who lives nigh to this deponent, at this 
 moment coming out of this dwelling, and approaching the 
 mob aforesaid, the persons who composed the same ran 
 northerly towards Mulberry street, and this deponent saw 
 them no more. That this deponent was awaked as aforesaid, 
 by the noise aforesaid, and by the throwing of large stones 
 against the front door of his dwelling, some of which stones 
 drove in the sash over the same door and fell in his entry, 
 and one of them was at least ten pounds in weight. And 
 that this deponent was not able to distinguish any of the 
 aforesaid rioters, so as to know their names, or who they or 
 any of them were. And further this deponent saith not. " 
 
 '''' Philadelphia^ ss. 
 
 "On this ninth day of November, Anno Domini one thou- 
 sand seven hundred and eighty-seven, before me, Plunket 
 
Riot at Mr. Boyd''s. 207 
 
 Fleesoti, Esq., being one of the justices of the peace in and 
 for the city and county of Philadelphia, and residing in the 
 same city, cometh the Honorable John Baird, who is one of 
 the members of the supreme executive council of this com- 
 monwealth, and the said John, being duly sworn on the holy 
 gospel, doth depose, testify and say, that he, this deponent, 
 doth lodge with Alexander Boyd, and that being in bed at 
 the dwelling of the said Alexander, in Sixth street from Del- 
 aware river, in the city of Philadelphia, on Tuesday night 
 last, the 6th instant, and being fallen asleep, he was disturbed 
 and awaked by a confused noise, at first seeming to him to 
 be the report of guns fired, made by riotous persons in the 
 street, at and near the same dwelling, and heard the glass of 
 the lower story of the house breaking, by the throwing of 
 stones against the same; that this deponent, still lying in his 
 bed and not rising, heard some persons in the street say, 
 'Here the damned rascals live who do all the mischief,' or 
 words to like effect; that the disturbance aforesaid did not 
 continue after this deponent awaked, as aforesaid, above a 
 minute, after which this deponent heard the rioters aforesaid 
 departing hastily, as the sound of their feet indicated, towards 
 Mulberry street; and that the Honorable John Smilie and 
 Abraham Smith, together with James M'Calmont, James 
 M'l/ean, John Piper and William Findley, Esquires, repre- 
 sentatives in the general assembly of this state, do also lodge 
 with the said Alexander Boyd, and were all in bed, as this 
 deponent hath good reason to believe, in the dwelling of the 
 said Alexander aforesaid, at the time of the outrage and riot 
 so as aforesaid committed, and further saith not. ' ' 
 
 Mr. Kennedy. Sir, the outrage that has been committed 
 against the public peace, and against the privilege of this 
 house, being thus authenticated, I beg leave to offer a reso- 
 lution upon the subject, in which I expect the unanimous 
 concurrence of the members. 
 
 [The resolution was prefaced with a recital of the injury 
 stated in the depositions and complained of by the members, 
 and concluded with authorizing the executive council to offer 
 a reward for the discovery of the offenders, and requiring 
 
2o8 The Debate in the Convention. 
 
 them to direct the attorney general to prosecute the oflFenders 
 when discovered.] 
 
 Mr. Peters. I am very ready Mr. Speaker, to declare that 
 the transaction represented to the house is of an unwarrant- 
 able and scandalous nature, for the punishment of which I 
 shall cheerfully unite with the movers of this resolution. But 
 I profess, sir, to be at a loss in what manner we ought to pro- 
 ceed in order to maintain the dignity of the legislature, and 
 to give efficacy to our decisions upon this subject, which is 
 certainly of great importance, not only as it respects the 
 present object, but as it is to establish a precedent for the 
 future. I wish therefore to have a short time for reflection, 
 and move that the resolution before us be referred to a com- 
 mittee — not, Mr. Speaker, to create unnecessary delay, but as 
 I said before, to enable us to proceed with propriety and 
 efiect. 
 
 Mr. M'lvcan. I do not perceive the least reason for refer- 
 ring this business to a committee: It is a plain, easy, and 
 consistent proposition that lies before us, and the honor of the 
 house requires that an explicit and immediate determination 
 shall take place. The very reference to a committee will 
 propagate an opinion that we are indifferent and in doubt as 
 to the offence which has been committed, and it is probable 
 that the executive council will have proceeded upon the com- 
 plaint of their members, while we are indulging this useless 
 spirit of procrastination. I cannot suppose that it is the wish 
 of any member to defeat the question in this manner; and as 
 it seems to be agreed that the disapprobation of the house 
 ought to be expressed, there can be no reason given for not 
 expressing it at this time, since every objection either to the 
 form or substance of the proposed resolution may be obviated 
 by immediate alteration or amendment. It was with reluct- 
 ance that I consented to delay calling the attention of the 
 house to this business so long, but as any further delay will 
 I am confident be injurious to the legislative character, I 
 shall oppose the motion for a commitment. 
 
 Mr. I/Cwis. It is difficult upon questions of importance 
 suddenly to form an opinion which will be satisfactory to the 
 
Riot at Mr. Boyd''s. 209 
 
 .mind; and therefore, though I shall never consent to sacrifice 
 a moment to mere delay, I shall always be desirous to obtain 
 the time that is necessary for deliberation. The subject be- 
 fore us is certainly of great moment, and therefore deserves 
 consideration; but it is likewise of a complex nature, and 
 therefore demands it. In the account which has been given 
 to the house, we discover an offence that may either be con- 
 sidered as a riot and breach of the public peace, in which case 
 the common course of the law is competent to punish the 
 offenders, or it may be regarded as an infringement of the 
 privilege of this house, in which case it becomes our duty to 
 investigate the circumstances, for it is in our power alone to 
 punish the delinquency. Connected with this distinction are 
 many enquiries which it is impossible to ascertain by an in- 
 stantaneous recourse to the memory; and therefore I shall 
 vote for the commitment, which is intended, I am confident, 
 to provide the proper means of redressing the injury, and not 
 to divert our attention from the complaint which has been 
 made to the house. 
 
 Mr. Fitzsimons. I have taken a cursory view of the depo- 
 sitions, and in my opinion, Mr. Speaker, they do not support 
 the resolution which has been offered to the house. I should 
 certainly therefore vote for the commitment upon that ground 
 alone; but I conceive likewise, that in point of justice the 
 legislature will not pass a vote which tends highly to reflect 
 upon the city and its police, without a perfect investigation 
 of the grounds on which they proceed. If the committee 
 shall find the charge sufl^ciently supported, I shall concur in 
 any proper measure for punishing the offenders; but to vindi- 
 cate the conduct of the house, it is certainly necessary to 
 enquire into the subject before we decide upon it. 
 
 Mr. Findley. Sir, I may be thought personally interested 
 in the question, and therefore I shall not animadvert upon 
 the means which the house ought to pursue, in order to de- 
 clare their disapprobation of the transaction complained of; 
 but I beg leave to observe, that I hope no other proofs will be 
 called for in this case, than could be called for in any other 
 case of a similar nature. According to parliamentary usage, 
 14 
 
2IO The Debate in the Convention. 
 
 the complaint of a member, Mr. Speaker, need only be sup- 
 ported by his own assertion, and the affidavits which have 
 been produced on this occasion were superfluous and unneces- 
 sary. I claim no personal compliment or distinction, but 
 possessing the honor of a seat in this house, I hope it will not 
 be deemed arrogant or improper to claim the privileges and 
 credit that belong to it. 
 
 Here the Speaker declared that Mr. Findley was certainly 
 right in his ideas upon the subject, and Mr. Fitzsimons ob- 
 served, that not being present when the business was intro- 
 duced, he did not know that it came in the form of a com- 
 plaint from any member of the house. 
 
 After some further debate, the question for commitment 
 was carried by a small majority. 
 
 In due time the committee reported, the house accepted the 
 report, and the President issued the following proclamation: 
 
 Pennsylvania^ ss. 
 By the President and the Supreme Executive Coun- 
 cii. OF THE Commonwealth of Pennsylvania. 
 
 A Proclamation. 
 Whereas, it appears to us tliat about midniglit between Tuesday the 
 sixth, and Wednesday the seventh instant, a most daring riot was committed 
 by a large company of disorderly and evil-minded persons unknown, at and 
 on the dwelling of Major Alexander Boyd, in Sixth street, in the city of 
 Philadelphia, which company violently assaulted the same house by throw- 
 ing stones thereat and damaging the same, to the great disturbance and an- 
 noyance of the honorable John Baird, Abraham Smith, and John Smilie, 
 members of Council, and of James M'Lean, James M'Calmont, William 
 Findley and John Piper, esquires, members of the General Assembly of this 
 Commonwealth, who were there asleep within the same dwelling; and 
 
 Whereas, It is manifest that the said rioters did perpetrate the riot and 
 outrage aforesaid, with design to affront and injure the gentlemen aforesaid, 
 in as much as they at the same time declared that they knew that they were 
 lodgers with the said Alexander Boyd, and did speak concerning them in 
 the most contumelious and threatening terms; and 
 
 Whereas, The General Assembly of this state have transmitted to Council 
 the following resolutions entered into by them on this occasion, viz. : 
 
 "Saturday, November loth, 1787. 
 "The committee to whom was referred, this forenoon, the motion respect- 
 ing the insult offered to some members of this House, made report which 
 was read and on motion and by special order the same was read the second 
 time and unanimously adopted as follows, viz: 
 
Proclamation of President Franklin. 211 
 
 " Whereas, Complaint hath been made to this House by James M'Calmont 
 James M'Lene, John Piper and William Findley, esquires, members thereof;. 
 that on the night of Tuesday the sixth instant, the house of major Boyd, of 
 this city, in which they resided, was riotously attacked by a number of per- 
 sons, to the said members unknown, and themselves abused and insulted by 
 reproachful language. 
 
 "Resolved, That such outrageous proceedings is highly disapproved of by 
 this House, and is a breach of the privilege of its members. 
 
 "Resolved, That this resolution, together with the affidavits which the said 
 members have thought proper to produce on the subject, be transmitted to 
 the Supreme Executive Council, and that Council be requested to issue a 
 proclamation, offering such rewards as they may deem necessary for appre- 
 hending the perpetrators of the said outrage, in order that they may be 
 brought to punishment, and that this House will provide for the payment 
 of such rewards;" and 
 
 Whereas, It is highly proper that the authors of such high contempts, so 
 inconsistent with the dignity and good order of government, and of the 
 most pernicious example, should be immediately discovered and brought to 
 condign punishment; WE DO, therefore, by this our proclamation, offer and 
 promise the reward of THREB hundred doi,i<ars for the discovery of the 
 rioters aforesaid, so that they be duly convicted of the same oflFeuce, to be 
 paid out of the public treasury of this commonwealth, to the person or 
 persons who shall furnish the necessary information concerning the prem- 
 ises. And we do hereby charge and require all judges, justices, sheriffs and 
 constables to make diligent search and enquiry after and to use their utmost 
 endeavors to apprehend and secure the said rioters, their aiders, abettors and 
 comforters, so that they may be dealt with according to law. 
 
 Given in Council, under the hand of the President, and the seal of the 
 State, at Philadelphia, this twelfth day of November, in the year of om 
 Lord one thousand, seven hundred and eighty-seven. 
 
 BENJAMIN FRANKLIN. 
 
 Attest: Charges Biddle, Sec'ry. 
 
 God save the Commonwealth. 
 
 The proclamation was matter of form ; neither the Judges, 
 nor the Justices, the Sheriffs nor the Constables exerted them- 
 selves to find the rioters, and the delegates chosen through- 
 out the State assembled at the State House on the 21st of 
 November. 
 
 STATE CONVENTION. 
 
 Wednesday., November 2Jl 
 
 Sixty* of the gentlemen elected to serve in the convention 
 met; the returns of the elections held for the city of Phila- 
 delphia and the several counties of this State were read, by 
 
 * From the Pennsylvania Packet, Nov. 27. 
 
213 The Debate in the Convention. 
 
 which it appeared that the following gentlemen were re- 
 turned as delegates to the convention* for the said city and 
 counties respectively, viz : 
 
 Philadelphia City. Chester. 
 
 George I,atinier Thomas Bull 
 
 Benjamin Rush Anthony Wayne 
 
 Hilary Baker William Gibbons 
 
 James Wilson Richard Downing 
 
 Thomas M'Kean. Thomas Cheyney 
 
 Philadelphia County. John Hannum. 
 William Macpherson Lancaster. 
 
 John Hunn Stephen Chambers 
 
 George Gray Robert Coleman 
 
 Samuel Ashmead Sebastian GrafiF 
 
 Enoch Edwards. John Hubley 
 
 Bucks. Jasper Yeates 
 
 Henry Wynkoop John Whitehill. 
 John Barclay York. 
 
 Thomas Yardley Henry Slagle 
 
 Abraham Stout Thomas Campbell 
 
 * The minutes of the convention gi'se but a meagre account of its pro- 
 ceedings, nor is there any complete report of the debates, that took place, 
 "known to exist. At first the Philadelphia papers furnished short accounts 
 of the proceedings, but before long they reprinted from the Pennsylvania 
 Herald what appears to have been a tolerably full report. Unfortunately 
 this report was suspended after bringing the debates down to November 
 30th, and if the statement of "Ceutinel," is accepted it was suppressed 
 through the efforts of the Federalists. There is but little doubt that it 
 was prepared by Alexander James Dallas, then a young man engaged by 
 William Spotswood, proprietor of the Pennsylvania Herald and Columbian 
 Magazine, to edit those publications. 
 
 Thomas Lloyd, a short-hand writer of some note, proposed to take down 
 the debates and print them as soon as the convention should adjourn. But 
 one volume of his work however appeared, and that contains little else than 
 the speeches of Wilson and a few of those of M'Kean. The language of 
 some of these differs from the reports made by Dallas, and has evidently 
 been subjected to revision. Nevertheless this volume was used by Elliot, 
 and contains all he publishes as the Debates in the Pennsylvania Conven- 
 tion. To give as full an account as is now possible of what was said in the 
 C invention, the Reports of Dallas, and what else appeared in the papers 
 of the day, have been carefully arranged, and the omissions from Lloyd's 
 volume in part supplied, indicating in each case the authority drawn from. 
 
n,Mi.r/u-J M- IV.JlJkymlUi'A'anMScJ'miU'njZ?. J:ynirdt)- Qjrliiux ilif^m:. 
 
 AoJJoBAILILA 
 
The Debate in the Convention. 
 
 213 
 
 Thomas Hartley- 
 David Grier 
 Jolin Black 
 Benjamin Pedan. 
 
 Cumberland. 
 John Harris 
 John Reynolds 
 Robert WhitehiU 
 Jonathan Hoge. 
 
 Berks. 
 Nicholas Lutz 
 John Ludwig 
 Abraham I^incoln 
 John Bishop 
 Joseph Hiester. 
 Northampton. 
 John Arndt 
 Stephen Balliet 
 Joseph Horsfield 
 David Deshler. 
 
 Bedford. 
 James Martin 
 Joseph Powell. 
 
 Northumberland. 
 
 William Wilson 
 John Boyd. 
 
 Westmoreland. 
 William Findley 
 John Baird 
 William Todd. 
 
 Washington. 
 Jatnes Marshel 
 James Edgar 
 Thomas Scott 
 John Neville. 
 
 Fayette. 
 Nathaniel Breading 
 John Smilie. 
 
 Franklin. 
 Richard Bard 
 John Allison. 
 
 Mon tgomery. 
 Jonathan Roberts 
 John Richards 
 Fred. A. Muhlenberg 
 James Morris. 
 
 Dauphin. 
 William Brown 
 Adam Orth 
 John Andre Hannah. 
 
 Luzerne. 
 Timothy Pickering 
 
 Huntingdon. 
 Benjamin Elliott. 
 
 The members then proceeded by ballot* to the election of 
 a president, when there appeared 30 votes for Mr. Muhlen- 
 berg, 29 for Mr. M'Kean, and one for Mr. Gray. General 
 Wayne doubted whether 30 votes could be deemed the sense 
 of the meeting, as it was not a majority of 60, the number 
 of delegates present, which occasioned a short conversation 
 upon the subject; but at length, the question being taken 
 
 * From the Pennsylvania Herald, Nov. 27. Same in Independent Gazet- 
 teer, Nov. 27. 
 
214 The Debate in the Convention. 
 
 whether Mr. Muhlenberg should be conducted to the chair? 
 it was determined in the afSrmative. It was then proposed 
 to proceed to the choice of a clerk, but that business was de- 
 ferred on motion of Mr. Smilie. Dr. Rush moved "that a 
 committee be appointed to request the attendance of some 
 minister of the gospel to-morrow morning, in order to open 
 the business of the convention with prayer. ' ' This was con- 
 sidered by several gentlemen as a new and unnecessary meas- 
 ure, which might be inconsistent with the religious senti- 
 ments of some of the members, as it was impossible to fix 
 upon a clergyman to suit every man's tenets, and it was 
 neither warranted by the example of the general assembly 
 or of the convention that framed the government of Penn- 
 sylvania. To these observations Dr. Rush replied, that he 
 hoped there was liberality sufficient in the meeting to unite 
 in prayers for the blessing of Heaven upon their proceedings, 
 without considering the sect or persuasion of the minister 
 who officiated; and with respect to precedent, he remarked 
 that it might be taken from the conduct of the first, and 
 every succeeding Congress, who certainly deserved our imi- 
 tation. "That the convention who framed the government 
 of Pennsylvania, did not preface their business with prayer, 
 is probably the reason, ' ' added the Doctor, ' ' that the state has 
 ever since been distracted by their proceedings. ' ' Mr. Smilie 
 objected to the absurd superstition of that opinion, and 
 moved a postponement, which was accordingly agreed to. 
 An invitation was read from the trustees of the university, 
 requesting the attendance of the members at the ensuing 
 Commencement, which was unanimously accepted, and the 
 convention adjourned to meet to-morrow morning at 9 
 o'clock, in order to proceed in a body to the college-hall. 
 
 Thursday^ November 22^ 10 o'clock, a. m. 
 The Convention met* agreeably to theix adjournment, and 
 on motion of Mr. Whitehill, the members proceeded in a 
 body to the Commencement of the University. After the 
 
 ♦From the Pennsylvania Herald, Nov. 24. Same in the Independent 
 Gazetteer, Nov. 27. 
 
The Debate m the Convention. 315 
 
 exercises were concluded, the Convention returned to the 
 State-house. 
 
 On motion of Mr. Wayne,* seconded by Mr. Whitehill, a 
 committee was appointed to report rules and regulations for 
 conducting the business of the convention: the committee 
 consisted of Benjamin Rush, James Wilson, George Gray, 
 Anthony Wayne, and Robert Whitehill. 
 
 Adjourned until half after 9 o'clock to-morrow. 
 
 Friday^ November 2j. 
 
 The Conventiont being met, pursuant to adjournment, on 
 motion of Mr. M'Kean, they proceeded to the choice of a 
 Secretary, when Mr. James Campbell was duly elected. 
 Mr. Burt was afterwards appointed Messenger, and Mr. Fry, 
 Doorkeeper. An application from Thomas lyloyd to be made 
 Assistant Clerk, was read, and a motion, complying with the 
 same, was postponed. 
 
 The committeej appointed yesterday to bring in rules and 
 regulations made report, and the same being read, was, by 
 special order, taken up, read by paragraphs, and agreed to, 
 as follows: 
 
 ist. When the President assumes the chair, the members 
 shall take their seats. 
 
 2d. At the opening of the convention each day, the min- 
 utes of the preceding day shall be read, and are then in the 
 power of the convention to be corrected, after which any busi- 
 ness addressed to the chair may be proceeded to. 
 
 3d. Every petition, memorial, letter, or other matter of the 
 like kind, read in the convention, shall be deemed as lying 
 on the table for further consideration, unless any special 
 order be moved therein. 
 
 4th. A motion made and seconded shall be repeated by the 
 President. A motion sha-ll be reduced to writing, if the 
 President or any two members require it. A motion may be 
 
 * From the Pennsylvania Packet, Nov. 27, 1787. 
 
 t From tlie Pennsylvania Herald, Nov. 24. Same in Independent Gazet- 
 teer, Nov. 27. 
 J From the Pennsylvania Packet, Nov. 27. 
 
2i6 The Debate in the Convention. 
 
 withdrawn by tlie member making it before any decision is 
 had on it. 
 
 5th. No member speaking shall be interrupted but by a 
 call to order by the President, or by a member through the 
 President. 
 
 6th. No member to be referred to in debate by name. 
 
 7th. The President himself, or by request, may call to or- 
 der any member who shall transgress the rules. If a second 
 time, the President may refer to him by name. The conven- 
 tion may then examine and censure the member's conduct, 
 he being allowed to extenuate or justify. 
 
 8th. Every member actually attending the convention shall 
 be in his place at the time the convention stands adjourned 
 to, or within half an hour thereof. 
 
 9th. The name of him who makes, and the name of him 
 who seconds a motion, shall be entered on the minutes. 
 
 loth. No member shall speak more than twice to a ques- 
 tion without leave. 
 
 nth. Every member of a committee shall attend at the 
 call of his chairman. 
 
 I2th. The yeas and nays may be called, and entered on the 
 minutes when any two members require it. 
 
 On motion* of Mr. M'Kean, seconded by Mr. Smilie, re- 
 solved that the doors of the Convention be kept open. 
 
 On motion of Mr. M'Kean, the Constitution proposed for 
 the federal government, was taken up and read by the Clerk. 
 
 Mr. Wilson then moved that the time of meeting and ad- 
 journing should be fixed, observing that with respect to the 
 time of adjournment, it had been found necessary in the 
 Federal Convention to make a rule that at 4 o'clock they 
 should break up, even if a member was in the middle of his 
 speech, and he proposed that two o'clock should be the hour 
 now limited for adjournment; but, after a short conversation, 
 it was agreed that the Convention should meet at 10 o'clock 
 each morning, leaving the hour of adjournment unspecified. 
 
 The Convention adjourned to meet to-morrow morning at 
 10 o'clock. 
 
 * Prom the Pennsylvania Herald, Nov. 24, 1787. Same in Independent 
 Gazetteer, Nov. 27. 
 
The Debate in the Convention. 217 
 
 Saturday^ November 24.th. 
 
 The Convention met pursuant to adjournment. 
 
 The Minutes of yesterday being read, the proposed Consti- 
 tution of Federal Government was taken up for a second 
 reading, after which the following proceedings took place: 
 
 _ Mr. M'Kean.* Mr. President, there will perhaps be some 
 ^ difficulty in ascertaining the proper mode of proceeding to 
 obtain a decision upon the important and interesting subject 
 before us. We are certainly without precedent to guide us; 
 but the utility of the forms observed by other public bodies, 
 will be an inducement to adhere to them where a variation 
 of circumstance does not render a variation of the mode 
 essentially necessary. As far, therefore, as the rules of the 
 Legislature of Pennsylvania will apply to the Constitution 
 and business of this body, I shall recommend their adoption; 
 but I perceive that in a very great degree we shall be obliged, 
 for conveniency and propriety, to resort to new regulations, 
 
 *This version of Wilson's speech on M'Kean's motion is taken from a 
 pamphlet entitled "The Substance of a Speech delivered by James Wilson, 
 Esq. Explanatory of the General Principles of the Proposed Federal Con- 
 stitution Upon Motion made by the Honorable Thomas M'Kean, in the 
 Convention of the State of Pennsylvania. On Saturday, the 24th of No- 
 vember, 1787. Philadelphia. Printed by Thomas Bradford, in Front 
 Street, four doors below the Coffee House. MDCCLXXXVII." 
 
 It appears to have been prepared by Dallas, as the language attributed to 
 M'Kean is almost exactly the same as that given in his report in the Penn- 
 sylvania Herald. The publication of the speech excited the jealousy of 
 Lloyd, who appended to his proposals to print the Debates the following : 
 
 Several of the editor's friends having supposed a pamphlet printed by 
 Thomas Bradford, entitled, "The Siibstance of a Speech delivered by James 
 Wilson, Esq., &c." was written by him, he conceives himself under the 
 necessity of counteracting any impression such an opinion may have made 
 upon the public, by assuring them he was not the writer, but pledges him- 
 self to give that address in the forementioned volume, without mutilation 
 or misrepresentation. 
 
 December 3, 1787. 
 
 In Lloyd's Debates the speech is erroneously given under date of Nov. 
 26th, and is so copied by Elliot. The language differs, but the argument is 
 the same. Notwithstanding Lloyd's card, we believe the pamphlet version 
 to be th'e nearer correct. The language used in it and the style are more 
 those of a speech, and as it was in the hands of the people long before 
 Lloyd's volumes, and at a critical time, it is given in preference. In Dallas' 
 Report, printed in the Herald of Nov. 28th, there is only an abstract of 
 Wilson's speech. 
 
2i8 The Debate in the Convention. 
 
 arising from the singularity of the subject oflfered to our con- 
 sideration. For the present, however, I shall move you, Sir, 
 that we come to the following resolution: 
 
 Resolved, That this Convention do adopt and ratify the Constitution of 
 ■Federal Government as agreed upon by the Federal Convention at Phila- 
 delphia on the 17th day of September, 1787. 
 
 This measure, Mr. President, is not intended to introduce 
 an instantaneous decision of so important a question, but 
 merely to bring the object of our meeting fully and fairly 
 into discussion. It is not my wish that it should be deter- 
 mined this day, nor do I apprehend it will be necessary that 
 it should be determined this day week ; but it is merely pre- 
 paratory to another motion with which I shall hereafter 
 trouble you, and which, in my opinion, will bring on that 
 regular and satisfactory investigation of the separate parts 
 of the proposed Constitution, which will finally enable us to 
 determine upon the whole. 
 
 /Mr. Wilson. As the only member of this respectable body, 
 who had the honor of a seat in the late Federal Convention, 
 it is peculiarly my duty, Mr. President, to submit to your 
 consideration the general principles that have produced the 
 national Constitution, which has been framed and proposed 
 by the assembled delegates of the United States, and which 
 must finally stand or fall by the concurrent decision of this 
 Convention and of others acting upon the same subject', 
 under similar powers and authority. To frame a government 
 for a single city or State, is a business both in its importance 
 and facility, widely different from the task entrusted to the 
 Federal Convention, whose prospects were extended not only 
 to thirteen independent and sovereign States, some of which 
 in territorial jurisdiction, population, and resource, equal the 
 most respectable nations of Europe, but likewise to innum- 
 erable States yet unformed, and to myriads of citizens who 
 in future ages shall inhabit the vast uncultivated regions of 
 the continent. The duties of that body therefore, were not 
 limited to local or partial considerations, but to the formation 
 of a plan commensurate with a great and valuable portion of 
 the globe. 
 
The Debate in the Convention. 219 
 
 I confess, Sir, that the magnitude of the object before us, 
 filled our minds with awe and apprehension. In Europe, 
 the opening and extending the navigation of a single river, 
 has been deemed an act of imperial merit and importance; 
 but how insignificant does it seem when we contemplate the 
 scene that nature here exhibits, pouring forth the Potow- 
 mack, the Rapahannock, the Susquehanna, and other in- 
 numerable rivers, to dignify, adorn, and enrich our soil. 
 But the magnitude of the object was equalled by the diffi- 
 culty of accomplishing it, when we considered the uncommon 
 dexterity and address that were necessary to combat and 
 reconcile the jarring interests that seemed naturally to pre- 
 vail, in a country which, presenting a coast of 1500 miles to 
 the Atlantic, is composed of 13 distinct and independent 
 States, varying essentially in their situation and dimensions, 
 and in the number and habits of their citizens — their inter- 
 ests too, in some respects really difierent, and in many appar- 
 ently so; but whether really or apparently, such is the con- 
 stitution of the human mind, they make the same impression, 
 and are prosecuted with equal vigor and perseverance. Can 
 it then be a subject for surprise that with the sensations in- 
 dispensably excited by so comprehensive and so arduous an 
 undertaking, we should for a moment yield to despondency, 
 and at length, influenced by the spirit of conciliation, resort 
 to mutual concession, as the only means to obtain the great 
 end for which we were convened? Is it a matter of surprise 
 that where the springs of dissension were so numerous, and 
 so powerful, some force was requisite to impel them to take, 
 in a collected state, a direction difierent from that which sep- 
 arately they would have pursued ? 
 
 There was another reason, that in this respect, increased 
 the difficulties of the Federal Convention — the difierent tem- 
 pers and dispositions of the people for whom they acted. 
 But, however widely they may difier upon other topics, they 
 cordially agree in that keen and elevated sense of freedom 
 and independence, which has been manifested in their united 
 and successful opposition to one of the most powerful king- 
 doms of the world. Still it was apprehended by some, that 
 
220 The Debate in the Convention. 
 
 their abhorrence of constraint, would be the source of objec- 
 tion and opposition; but I confess that my opinion, formed 
 upon a knowledge of the good sense, as well as the high 
 spirit of my constituents, made me confident that they would 
 esteem that government to be the best, which was best calcu- 
 lated eventually to establish and secure the dignity and hap- 
 piness of their country. Upon this ground, I have occasion- 
 ally supposed that my constituents have asked the reason of 
 my assent to the several propositions contained in the plan 
 before us. My answer, though concise, is a candid and I 
 think a satisfactory one — because I thought them right; and 
 thinking them right, it would be a poor compliment indeed 
 to presume they could be disagreeable to my constituents — 
 a presumption that might occasion a retort to which I wish 
 not to expose myself, as it would again be asked, ' ' Is this 
 the opinion you entertain of those who have confided in your 
 judgment? From what ground do you infer that a vote 
 right in itself would be disagreeable to us?" and it might 
 with justice be added, "this sentiment evinces that you de- 
 served not the trust which we reposed in you." No, Sir! 
 I have no right to imagine that the reflected rays of dele- 
 gated power can displease by a brightness that proves the 
 superior splendor of the luminary from which they proceed. 
 ' The extent of country for which the New Constitution was 
 required, produced another difficulty in the business of the 
 Federal Convention. It is the opinion of some celebrated 
 writers, that to a small territory the democratical, to a mid- 
 ling territory (as Montesquieu has termed it) the monarchical, 
 and to an extensive territory the despotic form of govern- 
 ment, is best adapted. Regarding then, the wide and almost 
 unbounded jurisdiction of the United States, at first view the 
 hand of despotism seemed necessary to control, connect and 
 protect it ; and hence the chief embarrassment arose. For 
 we knew that, although our constituents would cheerfully 
 submit to the legislative restaints of a free government, they 
 would spurn at every attempt to shackle them with despotic 
 power. 
 In this dilemma, a Federal Republic naturally presented 
 
JTie Debate in the Convention. 221 
 
 itself to our observation, as a species of government which 
 secured all the internal advantages of a republic, at the same 
 time that it maintained the external dignity and force of a 
 monarchy. The definition of this form of government may 
 be found in Montesquieu, who says, I believe, that it consists 
 in assembling distinct societies which are consolidated into a 
 new body, capable of being increased by the addition of other 
 members — an expanding quality peculiarly fitted to the cir- 
 cumstances of America. 
 
 But while a federal republic removed one difficulty, it in- 
 troduced another, since there existed not any precedent to 
 assist our deliberations; for, though there are many single 
 governments, both ancient and modern, the history and prin- 
 ciples of which are faithfully preserved and well understood, 
 a perfect confederation of independent states is a system 
 hitherto unknown. The Swiss cantons, which have often 
 been mentioned in that light, cannot properly be deemed a 
 federal republic, but merely a system of united states. The 
 United Netherlands are also an assemblage of states; yet, as 
 their proceedings are not the result of their combined deci- 
 sions, but of the decisions of each state individually, their 
 association is evidently wanting in that quality which is es- 
 sential to constitute a federal republic. With respect to the 
 Germanic Body, its members are of so disproportionate a size, 
 their separate governments and jurisdictions so different in 
 nature and extent, the general purpose and operation of their 
 union so indefinite and uncertain, and the exterior power of 
 the House of Austria so prevalent, that little information 
 could be obtained or expected from that quarter. Turning, 
 then, to ancient history, we find the Achaean and Lycian 
 leagues and the Amphyctionic council bearing a superficial 
 resemblance to a federal republic; but of all these, the ac- 
 counts which have been transmitted to us are too vague and 
 imperfect to supply a tolerable theory, and they are so desti- 
 tute of that minute detail from which practical knowledge 
 may be derived, that they must now be considered rather as 
 subjects of curiosity, than of use or information. 
 
 Government, indeed, taken as a science, may yet be con- 
 
222 The Debate in the Convention, 
 
 sidered in its infancy; and with all its various modifications, 
 it has' hitherto been the result of force, fraud, or accident. 
 For, after the lapse of six thousand years since the creation 
 of the -world, America now presents the first instance of a 
 people assembled to weigh deliberately and calmly, and to 
 decide leisurely and peaceably, upon the form of government 
 by which they will bind themselves and their posterity. 
 Among the ancients, three forms of government seem to 
 have been correctly known — the monarchical, aristocratical, 
 and democratical ; but their knowledge did not extend be- 
 yond those simple kinds, though much pleasing ingenuity 
 has occasionally been exercised in tracing a resemblance of 
 mixed government in some ancient institutions, particularly 
 between them and the British constitution. But, in my 
 opinion, the result of these ingenious refinements does more 
 honor to the moderns in discovering, than to the ancients in 
 forming the similitude. In the work of Homer, it is sup- 
 posed by his enthusiastic commentators, the seeds of every 
 science are to be found; but, in truth, they are first observed 
 in subsequent discoveries, and then the fond imagination 
 transplants them to the book. Tacitus, who lived towards 
 the close of that period which is called ancient, who had read 
 the history of all antecedent and contemporary governments, 
 who was perfectly competent to judge of their nature, ten- 
 dency, and quality — Tacitus considers a mixed government 
 as a thing rather to be wished than expected; and if ever it 
 did occur, it was his opinion that it could not last long. One 
 fact, however, is certain, that the ancients had no idea of 
 representation, that essential to every system of wise, good, 
 and efl&cient government. It is surprising, indeed, how very 
 imperfectly, at this day, the doctrine of representation is un- 
 derstood in Europe. Even Great Britain, which boasts a su- 
 perior knowledge of the subject, and is generally supposed to 
 have carried it into practice, falls far short of its true and 
 genuine principles. For, let us enquire, does representation 
 pervade the constitution of that country? No. Is it either 
 immediately or remotely the source of the executive power? 
 No. F'or it is not any part of the British constitution, as 
 
The Debate in the Convention. 223 
 
 practiced at this time, that the king derives his authority 
 from the people. Formerly that authority was claimed by 
 hereditary or divine right; and even at the revolution, when 
 the government was essentially improved, no other principle 
 was recognized but that of an original contract between the 
 sovereign and the people— a contract which rather excludes 
 than implies the doctrine of representation. Again, is the 
 judicial system of England grounded on representation? 
 No. For the judges are appointed by the king, and he, as 
 we have already observed, derives not his majesty or power 
 from the people. Lastly, then, let us review the legislative 
 body of that nation, and even there, though we find represen- 
 tation operating as a check, it cannot be considered as a per- 
 vading principle. The lords, acting with hereditary right, 
 or under an authority immediately communicated by regal 
 prerogative, are not the representatives of the people, and yet 
 ■ they, as well as the sovereign, possess a negative power in the 
 paramount business of legislation. Thus the vital principle 
 of the British constitution is confined to a narrow corner, and 
 the world has left to America the glory and happiness of 
 forming a government where representation shall at once 
 supply the basis and the' cement of the superstructure. For 
 representation. Sir, is the true chain between the people and 
 those to whom they entrust the administration of the govern- 
 ment; and though it may consist of many links, its strength 
 and brightness never should be impaired. Another, and per- 
 haps the most important obstacle to the proceedings of the 
 Federal Convention, arose in drawing the line between the 
 national and the individual governments of the states. 
 
 On this point a general principle readily occurred, that 
 whatever object was confined in its nature and operation to a 
 particular State, ought to be subject to the separate govern- 
 ment of the States ; but whatever in its nature and operation 
 extended beyond a particular State, ought to be comprehended 
 within the federal jurisdiction. The great difficulty, there- 
 fore, was the application of this general principle, for it was 
 found impracticable to enumerate and distinguish the various 
 objects to which it extended; and as the mathematics only 
 
224 The Debate in the Convention. 
 
 are capable of demonstration, it ought not to be thought ex- 
 traordinary that the convention could not develop a subject 
 involved in such endless perplexity. If, however, the pro- 
 posed constitution should be adopted, I trust that in the 
 theory there will be found such harmony, and in the practice 
 such mutual confidence between the national and individual 
 governments, that every sentiment of jealousy and apprehen- 
 sion will be effectually destroyed. But, Sir, permit me to 
 ask whether, on the ground of a union, the individual or the 
 national government ought most to be trusted? For my part, 
 I think it more natural to presume that the interest of each 
 would be pursued by the whole, than the reverse of the pro- 
 position that the several States would prefer the interest of 
 the confederated body; for in the general government each is 
 represented, but in the separate governments, only the sepa- 
 rate States. 
 
 These difficulties, Mr. President, which embarrassed the 
 Federal Convention, are not represented to enhance the merit 
 of surmounting them, but with a more important view, to 
 show how unreasonable it is to expect that the plan of govern- 
 ment should correspond with the wishes of all the States, of 
 all the citizens of any one State, or of all the citizens of the 
 united continent. I remember well. Sir, the effect of those 
 surrounding difficulties in the late Convention. At one time 
 the great and interesting work seemed to be at a stand, at 
 another it proceeded with energy and rapidity, and when at 
 last it was accomplished, many respectable members beheld 
 it with wonder and admiration. But having pointed out the 
 obstacles which they had to encounter, I shall now beg leave 
 to direct your attention to the end which the Convention 
 proposed. 
 
 Our wants, imperfections, and weakness, Mr. President, 
 naturally incline us to society ; but it is certain, society can- 
 not exist without some restraints. In a state of nature each 
 individual has a right, uncontrolled, to act as his pleasure or 
 his interest may prevail, but it must be observed that this 
 license extends to every individual, and hence the state of 
 nature is rendered insupportable, by the interfering claims 
 
The Debate in the Convention. 225 
 
 and the consequent animosities of men, who are independent 
 of every power and influence but their passions and their 
 will. On the other hand, in entering into the social com- 
 pact, though the individual parts with a portion of his natural 
 rights, yet it is evident that he gains more by the limitation 
 of the liberty of others, than he loses by the limitation of his 
 own, — so that in truth, the aggregate of liberty is more in 
 society, than it is in a state of nature. 
 
 It is then, Sir, a fundamental principle of society, that the 
 welfare of the whole shall be pursued and not of a part, and 
 the measures necessary to the good of the community must 
 consequently be binding upon the individuals that compose 
 it. This principle is universally allowed to be just with re- 
 spect to single governments, and there are instances in which 
 it applies with -equal force to independent communities; for 
 the situation and circumstances of states may make it as 
 necessary for them as for individuals to associate. Hence, 
 Mr. President, the important question arises: Are such the 
 situation and circumstances of the American States ? 
 
 At this period, America has it in her power to adopt either 
 of the following modes of government: She may dissolve the 
 individual sovereignty of the States, and become one consol- 
 idated empire; she may be divided into thirteen separate, in- 
 dependent and unconnected commonwealths; she may be 
 erected into two or more confederacies; or, lastly, she may 
 become one comprehensive Federal Republic. 
 
 Allow me. Sir, to take a short view of each of these suppo- 
 sitions. Is it probable that the dissolution of the State gov- 
 ernments, and the establishment of one consolidated empire, 
 would be eligible in its nature, and satisfactory to the people 
 in its administration ? I think not, as I have given reasons 
 to show that so extensive a territory could not be governed, 
 connected and preserved but by the supremacy of despotic 
 power. All the exertions of the most potent Emperors of 
 Rome were not capable of keeping that Empire together, 
 which in extent was far inferior to the dominion of America. 
 Would an independent, an unconnected situation, without 
 any associating head, be advantageous or satisfactory ? The 
 IS 
 
226 The Debate in the Convention. 
 
 consequences of this system would at one time expose the 
 States to foreign insult and depredations, and at another, to 
 internal jealousy, contention and war. Then let us consider 
 the plan of two or more confederacies which has often been 
 suggested, and which certainly presents some aspects more 
 inviting than either of the preceding modes, since the sub- 
 jects of strife would not be so numerous, the strength of 
 the confederates would be greater, and their interests more 
 united. But even here, when we fairly weigh the advantages 
 and the disadvantages, we shall find the last greatly prepon- 
 derating; the expenses of government would be considerably 
 multiplied, the seeds of rivalship and animosity would spring 
 up, and spread the calamities of war and tumult through the 
 country; for tho' the sources of rancour might be diminished, 
 their strength and virulence would probably be increased. 
 
 Of these three species of government, however, I must ob- 
 serve, that they obtained no advocates in the Federal Conven- 
 tion, nor can I presume that they will find advocates here, or 
 in any of our sister States. The general sentiment in that 
 body, and, I believe, the general sentiment of the citizens of 
 America, is expressed in the motto which some of them have 
 chosen, unite or die; and while we consider the extent of 
 the country, so intersected and almost surrounded with navi- 
 gable rivers, so separated and detached from the rest of the 
 world, it is natural to presume that Providence has designed 
 us for an united people, under one great political compact. 
 If this is a just and reasonable conclusion, supported by the 
 wishes of the people, the Convention did right in proposing 
 a single confederated Republic. But in proposing it they 
 were necessary led, not only to consider the situation, cir- 
 cumstances, and interests of one, two, or three States, but o± 
 the collective body; and as it is essential to society, that the 
 welfare of the whole should be preferred to the accommoda- 
 tion of a part, they followed the same rule iii promoting the 
 national advantages of the Union, in preference to the sepa- 
 rate advantages of the States. A principle of candor, as well 
 as duty, led to this conduct; for, as I have said before, no 
 government, either single or confederated, can exist, unless 
 
The Debate' in the Convention. zzj 
 
 private and individual rights are subservient to the public 
 and general happiness of the nation. It was not alone the 
 State of Pennsylvania, however important she may be as a 
 constituent part of the union, that could influence the delib- 
 erations of a convention formed by a delegation from all the 
 United States to devise a government adequate to their com- 
 mon exigencies and impartial in its influence and operation. 
 In the spirit of union, inculcated by the nature of their com- 
 mission, they framed the constitution before us, and in the 
 same spirit they submit it to the candid consideration of 
 their constituents. 
 
 Having made some remarks upon the nature and principles 
 of civil society, I shall now take a cursory notice of civil lib- 
 erty, which is essential to the well-being of civil government. 
 The definition of civil liberty is, briefly, that portion of nat- 
 ural liberty which men resign to the government, and which 
 then produces more happiness than it would have produced 
 if retained by the individuals who resign it; still, however, 
 leaving to the human mind the full enjoyment of every priv- 
 ilege that is not incompatible with the peace and order of 
 society. Here I am easily led to the consideration of another 
 species of liberty, which has not yet received a discriminating 
 name, but which I will venture to term Federal liberty. 
 This, Sir, consists in the aggregate of the civil liberty which 
 is surrendered by each state to the national government; and 
 the same principles that operate in the establishment of a 
 single society, with respect to the rights reserved or re- 
 signed by the individuals that compose it, will justly apply 
 in the case of a confederation of distinct and independent 
 States. 
 
 These observations have been made, Mr. President, in 
 order to preface a representation of the state of the Union, as 
 it appeared to the late convention. We all know, and we 
 have all felt, that the present system of confederation is inad- 
 equate to the government and the exigencies of the United 
 States. Need I describe the contrasted scene which the rev- 
 olution has presented to our view? On the one hand, the 
 arduous struggle in the cause of liberty terminated by a glo- 
 
238 The Debate in the Convention. 
 
 nous and triumphant peace: on the other, contention and 
 poverty at home, discredit and disgrace abroad. Do we not 
 remember what high expectations were formed by others and 
 by ourselves on the return of peace ? And have those honor- 
 able expectations from our national character been realized ? 
 No! What then has been the cause of disappointment ? Has 
 America lost her magnanimity or perseverance? No! Has 
 she been subdued by any high-handed invasion of her liber- 
 ties? Still I answer no; for dangers of that kind were no 
 sooner seen than they were repelled. But the evil has stolen 
 in from a quarter little suspected, and the rock of freedom, 
 which stood firm against the attacks of a foreign foe, has 
 been sapped and undermined by the licentiousness of our 
 own citizens. Private calamity and public anarchy have pre- 
 vailed; and even the blessing of independency has been 
 scarcely felt or understood by a people who have dearly 
 achieved it. 
 
 Shall I, Sir, be more particular in this lamentable history ? 
 The commencement of peace was likewise the commence- 
 ment of our distresses and disgrace. Devoid of power, we 
 could neither prevent the excessive importations which lately 
 deluged the country, nor even raise from that excess a con- 
 tribution to the public revenue; devoid of importance, we 
 were unable to command a sale for our commodities in a for- 
 eign market; devoid of credit, our public securities were 
 melting in the hands of their deluded owners, like snow be- 
 fore the sun; devoid of dignity, we were inadequate to per- 
 form treaties on our own part, or to compel a performance on 
 the part of a contracting nation. In short. Sir, the tedious 
 tale disgusts me, and I fondly hope it is unnecessary to pro- 
 ceed. The years of languor are over. We have seen dis- 
 honor and destruction, it is true, but we have at length 
 penetrated the cause, and are now anxious to obtain the cure. 
 The cause need not be specified by a recapitulation of facts; 
 every act of Congress, and the proceedings of every State, are 
 replete with proofs in that respect, and all point to the weak- 
 ness and imbecility of the existing confederation; while the 
 loud and concurrent voice of the people proclaims an efficient 
 
The Debate in the Convention. 229 
 
 national government to be the only cure. Under these im- 
 pressions, and with these views, the late convention were 
 appointed and met; .the end which they proposed to accom- 
 plish being to frame one national and efficient government, in 
 which the exercise of beneficence, correcting the jarring in- 
 terests of every part, should pervade the whole, and by which 
 the peace, freedom, and happiness of the United States should 
 be permanently ensured. The principles and means that 
 were adopted by the convention to obtain that end are now 
 before us, and will become the great object of our discussion. 
 But on this point, as upon others, permit me to make a few 
 general observations. 
 
 In all governments, whatever is their form, however they 
 may be constituted, there must be a power established from 
 which there is no appeal, and which is therefore called abso- 
 lute, supreme, and uncontrollable. The only question is, 
 where that power is lodged? — a question that will receive 
 different answers from the diflFerent writers on the subject. 
 Sir William Blackstone says, it resides in the omnipotence 
 of the British Parliament, or in other words, corresponding 
 with the practice of that country, it is whatever the British 
 Parliament pleases to do: so that when that body was so 
 base and treacherous to the rights of the people as to transfer 
 the legislative authority to Henry the Eighth, his exercising 
 that authority by proclamations and edicts could not strictly 
 speaking be termed unconstitutional, for under the act of 
 Parliament his will was made the law, and therefore his will 
 became in that respect the constitution itself But were we 
 to ask some politicians who have taken a faint and inaccurate 
 view of our establishments, where does this supreme power 
 reside in the United States? they would probably answer, 
 in their Constitutions. This however, though a step nearer 
 to the fact, is not a just opinion; for in truth, it remains and 
 flourishes with the people; and under the influence of that 
 truth we, at this moment, sit, deliberate, and speak. In 
 other countries, indeed, the revolutions of government are 
 connected with war, and all its concomitant calamities. But 
 with us, they are considered as the means of obtaining a 
 
230 The Debate in the Convention. 
 
 superior knowledge of the nature of government, and of 
 accomplishing its end. That the supreme power, therefore, 
 should be vested in the people, is in my judgment the great 
 panacea of human politics. It is a power paramount to 
 every constitution, inalienable in its nature, and indefinite in 
 its extent. For I insist, if there are errors in government, 
 the people have the right not on?ly to correct and amend 
 them, but likewise totally to change and reject its form; and 
 under the operation of that right, the citizens of the United 
 States can never be wretched beyond retrieve, unless they 
 are wanting to themselves. 
 
 Then let us examine, Mr. President, the three species of 
 simple government, which as I have already mentioned, are 
 the monarchical, aristocratical and democratical. In a mon- 
 archy, the supreme power is vested in a single person ; in an 
 aristocracy, it is possessed by a body not formed upon the 
 principle of representation, but enjoying their station by de- 
 scent, by election among themselves, or in right of some 
 personal or territorial qualification; and lastly, in a democ- 
 racy, it is inherent in the people, and is either exercised by 
 themselves or by their representatives. Each of these sys- 
 tems has its advantages and its disadvantages. The advant- 
 ages of a monarchy are strength, dispatch, and unity; its 
 disadvantages are expense, tyranny, and war. The advant- 
 ages of an aristocracy are experience, and the wisdom result- 
 ing from education ; its disadvantages are the dissension of 
 the governors, and the oppression of the people. The ad- 
 vantages of a democracy are liberty, caution, industry, fidel- 
 ity, and an opportunity of bringing forward the talents and 
 abilities of the citizens, without regard to birth or fortune; 
 its disadvantages are dissension and imbecility, for the assent 
 of many being required, their exertions will be feeble, and 
 their counsels too soon discovered. 
 
 To obtain all the advantages, and to avoid all the incon- 
 veniences of these governments, was the leading object of the 
 late convention. Having therefore considered the formation 
 and principles of other systems, it is natural to enquire, of 
 what description is the constitution before us? In its prin- 
 
The Debate in the Convention. 231 
 
 ciples, Sir, it is purely democratical; varying indeed, in its 
 form, in order to admit all the advantages, and to exclude all 
 the disadvantages which are incidental to the known and 
 established constitutions of government. But when we take 
 an extensive and accurate view of the streams of power that 
 appear through this great and comprehensive plan, when we 
 contemplate the variety of their directions, the force and 
 dignity of their currents, when we behold them intersecting, 
 embracing, and surrounding the vast possessions and interests 
 of the continent, and when we see them distributing on all 
 hands beauty, energy and riches, still, however numerous 
 and wide their courses, however diversified and remote the 
 blessings they diffuse, we shall be able to trace them all to 
 one great and noble source. The People. 
 
 Such, Mr. President, are the general observations with 
 which I have thought it necessary to trouble you. In dis- 
 cussing the distinct propositions of the federal plan, I shall 
 have occasion to apply them more particularly to that subject; 
 but at present I shall conclude with requesting the pardon 
 of the convention for having so long intruded upon their 
 patience. 
 
 When Mr. Wilson had concluded,* Mr. Smilie rose and 
 entered into a severe animadversion upon the nature of the 
 motion offered by Mr. M'Kean, which however, he observed, 
 was consistent with the system of precipitancy that had uni- 
 formly prevailed in respect to the important subject before 
 the Convention. He observed that we were repeatedly told 
 of the peculiar advantages which we enjoy in being able de- 
 liberately and peaceably to decide upon a government for 
 ourselves and our posterity, but we find every measure that 
 is proposed leads to defeat those advantages, and to preclude 
 all argument and deliberation, in a case confessedly of the 
 highest consequence to the happiness of a great portion of the 
 globe. What, continued he, can be the object of the motion ? 
 Is it to bring on a hasty and total adoption of the constitu- 
 tion? Let it be remembered that the Federal Convention 
 
 *Froin the Pennsylvania Herald, Nov. 28, 1787. 
 
232 The Debate in the Convention. 
 
 consumed four months in framing it, and shall we not employ 
 a few days in deciding upon it? If it is that noble, that 
 perfect system, we have been told it is, why interfere with the 
 fullest investigation of its principles, since, in that case, the 
 better they are understood, the more they will be approved. 
 The most common business of a legislative body is treated 
 with greater delicacy, being submitted to repeated discussion, 
 upon difiFerent days, and are we on a point of such magnitude 
 to determine without information, to agree in toto to so com- 
 plicated a system, before we have weighed and examined its 
 constituent parts? No, Sir, it is our duty to go coolly and 
 circumstantially into the consideration of this business, and 
 by comparing it, at least, with the circumstances and exigen- 
 cies of our country, ask with firmness, is such a sacrifice of 
 civil liberty necessary to the national honor and happiness 
 of America? For my part, I think otherwise, though at the 
 same time I am sensible of the expediency of giving addi- 
 tional strength and energy to the Federal head. But we are 
 not so situated as to be obliged to accept any terms; and if 
 this plan is such as we ought no to accept, I hope this con- 
 vention will have candour and fortitude enough to reject it. 
 
 Mr. M'Kean followed Mr. Smilie, and remarked that the 
 object of his motion was declared when it was proposed: it 
 was not to preclude, but promote a free and ample discussion 
 of the federal plan'. But as to the precedents which are 
 pointed out from the legislature of Pennsylvania to guide our 
 proceedings, if they were always right, which I do not think 
 they are, still no parallel can be drawn between the nature 
 of their business and ours, consequently their rules cannot 
 apply. We do not come here to legislate; we have no right 
 to inquire into the power of the late convention, or to alter 
 and amend their work; the sole question before us is, whether 
 we will ratify and confirm, or, upon due consideration, reject 
 in the whole, the system of federal government that is sub- 
 mitted to us. But because this is the only question which 
 we can decide, does it follow that we are not minutely to in- 
 vestigate its principles in every section and sentence? No, 
 Sir; that will be our duty before we conclusively say whether 
 
The Debate in the Convention. 233 
 
 we will ratify or reject; but precedents in point of proceedr 
 ing cannot be drawn from any part of the world, for we are 
 the first people who have ever peaceably assembled upon so 
 great and interesting an occasion. 
 
 Mr. Whitehill stated that, in his opinion, the object of the 
 motion had been misunderstood by the member from Fayette, 
 which was undoubtedly intended to bring the subject fairly 
 before the convention. Indeed, I cannot perceive how we 
 can decide upon the whole without having first considered 
 every part, and in order to do that with convenience and 
 effect, I presume a motion to go into a committee of the 
 whole convention, which I mean to propose, will be adopted. 
 Notwithstanding the arrangements, there may be reasonable 
 objections urged against the proposed plan, and if it is found 
 that it conveys to the federal government rights and liberties 
 which the people ought never to surrender, I hope no specu- 
 lative argument will seduce us into a confirmation, which 
 binds ourselves and our posterity forever. 
 
 The convention then adjourned to meet on Monday after- 
 noon at 3 o'clock. 
 
 [The following comments on Mr. Wilson's speech appeared 
 in the Pennsylvania Packet of Nov. 27th.] 
 
 Mr. Wilson attracted the attention of the house by a speech 
 which the celebrated Roman orator would not have blushed 
 to own. He began by pointing out the difficulties that the 
 late convention had to encounter; the diversity of opinion, 
 interest and prejudice they had to combat. He sketched the 
 different forms of ancient and modern republics, and showed 
 how imperfect models they were for our imitation ; he proved 
 to demonstration that there was not among them one con- 
 federated republic. He mentioned these difficulties (he said) 
 not to make a parade of the merits of the convention in sur- 
 mounting them, but to show how visionary — ^how idle it is to 
 expect that under them a government could be framed unex- 
 ceptionable in all its parts to each individual of so extensive 
 an empire. He forcibly contrasted the imbecility of our 
 present confederation with the energy which must result from 
 
234 
 
 7^1? Debate in the Convention. 
 
 the proffered constitution. After defining (with an accuracy 
 which marked his acquaintance with governmental history) 
 the different kinds of government, and pointing out their re- 
 spective advantages and wants, he concluded a speech which 
 had justly won the admiration of his audience, by saying 
 that the late convention had in view, and he hoped had in 
 some measure executed, a constitution whose energy would 
 pervade the union and restore credit and happiness to a dis- 
 tracted empire. 
 
 Monday^ November 26th. 
 
 The convention* met agreeably to adjournment. 
 
 It was moved by Mr. M'Kean, seconded by Mr. Chambers, 
 that the convention do now proceed to consider the proposed 
 constitution by articles. 
 
 This motion occasioned a long and desultory debate, in 
 which it was contended, on the one hand, that the restraints 
 of proceeding in convention, under fixed rules, precluding 
 any member from speaking oftener than twice on the same 
 question, and the advantages of reconsideration afforded by 
 going into a committee of the whole, would be sufficient rea- 
 sons for dissenting from the proposed motion. 
 
 On the other side, the expense and delay of going twice 
 over the same ground was insisted on ; and in order to obviate 
 the difficulty arising from the rule of debate, it was proposed 
 to rescind that, and leave it in the power of each member to 
 speak as often as he pleased. 
 
 The rule was accordingly rescinded, and the question be- 
 ing taken on a motion made by Mr. Whitehill, for postpo- 
 ning the resolution proposed by Mr. M'Kean, in order to in- 
 troduce a motion for going into a committee of the whole, was 
 lost, there being 43 against it, and 24 in favor of it. 
 
 While the convention were debating! o^ the propriety of 
 referring the constitution to a committee of the whole, Mr. 
 Wilson made the following observation: "Shall we. Sir, 
 
 *I?rom the Pennsylvania Herald, Nov. 28, 1787. Same iu Independent 
 Gazetteer, Nov. 29. 
 t From Independent Gazetteer, Nov 29, 1787. 
 
The Debate in the Convention. 235 
 
 while we contemplate a great and magnificent edifice, con- 
 descend like a fly, with its microscopic eye, to scrutinize tht- 
 imperfections of a single brick?" Mr. Findley, retorting the 
 metaphor, said "Shall we not. Sir, when we are about to 
 erect a large and expensive fabric (for as far as it respects us, 
 we are about to erect this mighty fabric of government in 
 Pennsylvania) examine and compare the materials of which 
 we mean to compose it, fitting and combining the parts with 
 each other, and rejecting every thing that is useless and rot- 
 ten?" "That," concluded Dr. Rush, "is not our situation. 
 We are not, at this time, called upon to raise the structure. 
 The house is already built for us, and we are only asked, 
 whether we choose to occupy it ? If we find its apartments 
 commodious, and, upon the whole, that it is well calculated 
 to shelter us from the inclemencies of the storm that threatens, 
 we shall act prudently in entering it ; if otherwise, all that is 
 required of us is to return the key to those who have built 
 and oflfered it for our use. ' ' 
 
 It was observed in the convention, that the Federal con- 
 vention had exceeded the powers given to them by the seve- 
 ral legislatures; but Mr. Wilson observed, that however for- 
 eign the question was to the present business, he would place 
 it in its proper light. The Federal convention did not act at 
 all upon the powers given to them by the States, but they 
 proceeded upon original principles, and having framed a con- 
 stitution which they thought would promote the happiness 
 of their country, they have submitted it to their consideration, 
 who may either adopt or reject it, as they please. 
 
 Yesterday afternoon, * in the convention of this State, it was 
 moved by Mr. M'Kean, seconded by Mr. Chambers, that this 
 convention do now proceed to consider the proposed constitu- 
 tion by articles. 
 
 After some debate it was moved by Mr. R. Whitehill, 
 seconded by Mr. Lincoln, that the aforesaid motion be post- 
 poned in order to introduce the following, viz. — That this 
 convention resolve itself into a committee of the whole, for 
 
 *Tlie following account is from the Pennsylvania Packet, Nov. 27, 1787. 
 
236 The Debate in the Convention. 
 
 the purpose of investigating and considering the aforesaid 
 constitution by articles and sections, and to make report 
 thereon. 
 
 A debate of considerable length now took place, which 
 turned principally on the expediency of resolving the conven- 
 tion into a committee of the whole. In favor of this measure 
 it was urged, that it would subject the constitution to a more 
 free and candid discussion — that it would allow more time 
 for the members to make up their minds — and that it would 
 be more consonant to the practice of the I/Cgislature of Penn- 
 sylvania. Against the motion was urged that by going into 
 a committee of the whole, no minutes could be taken of the 
 proceedings, and that the people at large would thereby be 
 kept in ignorance of them — that as full liberty was given to 
 each to speak as often as he pleased, there would be the same 
 time given for deliberation in convention as in the committee 
 — that the practice of the Assembly of Pennsylvania was no 
 precedent for the convention — that this was a body without a 
 precedent in the history of mankind — and that as the whole 
 constitution was a single proposition, and that proposition 
 alone before the convention, it was unnecessary to go into a 
 committee, especially as no question could be taken upon any 
 part of the constitution, nor any additions made to it, agree- 
 ably to the recommendation of the Assembly under which 
 the convention sat; although objections to every part of it 
 might be made before the question of ratification was pro- 
 posed. 
 
 The question being at length put, Mr. Whitehill's motion 
 for postponement was lost, the yeas and nays being as follows: 
 
 YEAS. YEAS. 
 
 John Whitehill, Abraham I^incoln, 
 
 John Harris, John Bishop, 
 
 John Reynolds, Joseph Hiester, 
 
 Robert Whitehill, James Martin, 
 
 Jonathan Hoge, Joseph Powell, 
 
 Nicholas I^utz, William Findley, 
 
 John I^udwig, John Baird, 
 
The Debate in the Convention. 
 
 337 
 
 William Todd, 
 James Marshall, 
 James Edgar, 
 Thomas Scott, 
 Nathaniel Breading, 
 
 NAYS. 
 
 George I/atimer, 
 Benjamin Rush, 
 Hilary Baker, 
 James Wilson, 
 Thomas M'Kean, 
 William Macpherson, 
 John Hunn, 
 George Gray, 
 Samuel Ashmead, 
 Enoch Edwards, 
 Henry Wynkoop, 
 John Barclay, 
 Thomas Yardley, 
 Abraham Stout, 
 Thomas Bull, 
 Anthony Wayne, 
 William Gibbons, 
 Richard Downing, 
 Thomas Cheyney, 
 John Hannum, 
 Stephen Chambers, 
 Robert Coleman, 
 
 John Smilie, 
 
 Richard Bard, 
 
 William Brown, 
 
 Adam Orth, 
 
 John Andre Hannah. — 24. 
 
 NAYS. 
 
 Sebastain Graff, 
 John Hubley, 
 Jasper Yeates, 
 Henry Slagle, 
 Thomas Campbell, 
 Thomas Hartley, 
 David, Grier, 
 John Black, 
 Benjamin Pedan, 
 John Arndt, 
 Stephen Balliet, 
 Joseph Horsfield, 
 David Deshler, 
 William Wilson, 
 John Boyd, 
 John Neville, 
 John Allison, 
 Jonathan Roberts, 
 John Richards, 
 F. A. Muhlenberg, 
 James Morris, 
 Timothy Pickering. — ^44. 
 
 The question on Mr. M'Kean's motion was then put, and 
 the motion adopted. 
 
 The speakers in favor of the motion for a committee were 
 Mr. Findley, Mr. Smilie and Mr. Whitehill. The speakers 
 against it were Mr. M'Kean, Mr. Wilson, Dr. Rush and Mr. 
 Chambers. 
 
 Tuesday^ November ^7. 
 The convention* being met pursuant to adjournment, Mr. 
 * From the Pennsylvania Herald, Dec. ist, 1787. 
 
238 The Debate in the Convention. 
 
 M'Kean moved that they should proceed to the consideration 
 of the first article of the proposed constitution. 
 
 The convention chose Messrs. Hall and Sellers and Mr. 
 Steiner the printers of their journals — 3,000 copies to be in 
 English, and 2,000 in German. 
 
 Mr. Whitehill offered a resolution, declaring that "upon 
 all questions where the yeas and nays were called, any mem- 
 ber might insert the reason of his vote upon the journals of 
 the convention." 
 
 Mr. Hartley. Sir, before the question on this motion is 
 decided, I should wish to understand how far it extends, and 
 whether, contrary to what I have thought was the sense of 
 the convention, more than one question will be taken upon 
 the proposed constitution ? If the questions are to be multi- 
 plied, and protests are to be admitted on each, I shall cer- 
 tainly object to the source of embarrassment, delay and ex- 
 pense which this motion will open. But if we are limited to 
 the comprehensive question, will you ratify or reject the plan? 
 then I think it may be reasonable to allow every man that 
 pleases, to justify his assent or dissent by the motives upon 
 which it may be founded. 
 
 Mr. M' Kean. When we were choosing our printers a few 
 minutes ago, Mr. President, I did not think it a matter of so 
 much importance as the adoption of the motion before us 
 would render it; for, if every member whenever he pleases 
 shall be at liberty to load our journals with long and labored 
 arguments, it will be a profitable business indeed for those 
 gentlemen that are appointed to publish them. There can, 
 sir, but one question arise in the discussion of the plan that is 
 submitted to us, which is simply whether we will ratify or 
 reject it; and if the motion were narrowed to that point, I 
 should have no objection to give it my approbation. But on 
 its present ground we would expose ourselves to a scene of 
 altercation highly unbecoming the character and dignity of 
 this body. 
 
 Mr. Whitehill. I hope. Sir, the measure I have proposed, 
 will upon consideration meet with the favor of the conven- 
 tion, since the arguments by which it is opposed arise chiefly 
 
The Debate in the Convention. 239 
 
 from a presumption that the liberty it affords will be abused. 
 This, Mr. President, ought not to be presumed, but rather 
 that every member entertains so just a sense of his duty to 
 himself and to this honorable convention, as to forbear every 
 thing, in language or in argument, which will be unbecoming 
 a place in your journals. In truth. Sir, unless we are allowed 
 to insert our reasons, the yeas and nays will be a barren docu- 
 ment, from which the public can derive no information, and 
 the minority no justification for their conduct. On the other 
 hand, if we are allowed to state the foundation of our votes, 
 the merits of the constitution may be proved by the argu- 
 ments of its advocates, and those who do not consider it to be 
 an immaculate, or even salutary system, will have an oppor- 
 tunity to point out the defects from which their opposition 
 originates. I think. Sir, the public have a right in so impor- 
 tant a transaction to know the principles upon which their 
 delegates proceed; and it is the just right of every man who 
 is bound by his vote to be permitted to explain it. I cannot 
 therefore withdraw or reduce the object of my motion. 
 
 Mr. Hartley. Then, Sir, if I comprehend the sense of the 
 convention: we are limited to the one great question which 
 shall decide the fate of the constitution; and upon that I 
 agree in the propriety of permitting a protest. Let the oppo- 
 nents of the new system state their reasons fully and fairly; 
 it will be the duty of its advocates to refute them upon the 
 same terms, and the record of the whole will be preserved 
 for the information of our constituents. This seems indeed 
 to open a door for the renewal of all the arguments which 
 have been previously advanced, but it will answer the same 
 purpose as if protests were entered on each distinct proposi- 
 tion. 
 
 Mr. Whitehill. We are now, Mr. President, in the full 
 enjoyment of the powers of the mind, and I hope we shall 
 adopt no measure that will tend to curtail the exercise of our 
 faculties. Upon every question that arises, it is in the power 
 of any member to call the yeas and nays, and whenever a 
 vote is registered in that permanent form, it is of no conse- 
 quence whether it is in the intermediate or conclusive stages 
 
240 The Debate in the Convention. 
 
 of the business, we ought to be permitted to promulge the 
 reasons which have influenced our decisions. Every argu- 
 ment (and gentlemen seem to have conceded the propriety 
 in one case) that will apply to entitle us to protest on the last 
 question, will entitle us to that privilege on any preceding 
 one: for I consider it rather as a right than an indulgence. 
 But, Mr. President, it is said that we can only have one 
 question in the business before us. If this is true, I see no 
 cause to proceed further. It will be a great public saving to 
 recur to that question at once, and we shall by such means 
 escape the absurdity of arguing upon distinct propositions 
 without determining anything with respect to them. Sir, 
 there is no reason to suppose an improper use will be made 
 of this necessary privilege. It is intended as the means of 
 justifying to the people the conduct of those with whom they 
 have entrusted their dearest interests, and if in the manner 
 or the substance it is deficient or improper, the people will 
 pronounce its condemnation. lyct them therefore judge; but 
 since we are answerable to them, let us not suppress the 
 means of justification. 
 
 Doctor Rush. I shall certainly. Sir, object to any protest, 
 but upon the great question, and even there it is hardly in my 
 opinion proper or necessary. Those, Mr. President, who are 
 in favor of the constitution, will be as anxious to vindicate 
 their opinions as those who are against it; hence, whatever 
 is advanced on one side, will draw on a reply upon the other, 
 till the whole debates of the convention are intruded upon 
 the journals. The expense and procrastination of this trans- 
 action would be intolerable. But, Sir, the proceedings of the 
 convention are stamped with authenticity, and it would be 
 dangerous to suffer protests to be inserted in them, which 
 might contain insinuations not founded, and consequently 
 produce here what has disgraced the legislature of Pennsyl- 
 vania, a majority defending themselves from the assertions 
 and misrepresentations of a minority. We know. Sir, of what 
 nature the protests will be, and if they bear the complexion 
 of the publications that have lately teemed from the press, I 
 am sure they would not be honorable to this body. The 
 
The Debate in the Convention. 241 
 
 proceedings of tlie convention cannot be compared in this re- 
 spect to the proceedings of the legislature, where protests 
 may lay the foundation of a future revision or repeal of the 
 law to which they object by laying the necessary information 
 before the people; but we can have no view either to a revi- 
 sion or a repeal, and therefore protests can only serve to dis- 
 tract and perplex the state. If, Sir, the proposed plan 
 should be adopted by this convention, it will be the duty of 
 every man, particularly those who have opposed it, on the 
 fundamental principles of society, to promote its interests 
 among the people. But if, contrary to my opinion of what 
 is their duty, the minority should persevere in their opposi- 
 tion, I hope they will be left to publish in their own way, 
 without our authority, the motives of their conduct, and let 
 them enjoy all the advantages they may derive from the effects 
 of that publication. 
 
 Mr. M'Kean. I shall be satisfied, Mr. President, if the 
 object of the motion is confined to the final question; and, 
 indeed, I do not perceive to what other motions it can ex- 
 tend. But it is said no harm will proceed from its adoption 
 agreeably to its present general terms. Sir, all laws are made 
 to prevent evil, upon a supposition that it may occur, and in 
 the instance before us I do not only think it probable, but I 
 have no doubt it will occur. We are again told of the con- 
 duct of the general assembly of Pennsylvania, which some 
 gentlemen seem to imagine is an unanswerable argument 
 upon every topic. But even there the practice of protesting 
 has only been introduced since the revolution, nor was it be- 
 fore known in any province of America, or in any govern- 
 ment in the world. Some compliment has on a former occa- 
 sion been paid to my legal knowledge, with an intention 
 however to depreciate my knowledge of parliamentary pro- 
 ceedings. But the truth is. Sir, that those proceedings have, 
 both before and since the revolution, formed a great object 
 of my studies, and it has been my lot to have been engaged 
 likewise considerably in the practice. I therefore repeat, 
 confidently, that no precedent of protesting is to be found 
 anywhere but in Pennsylvania. The lords in England, in- 
 i5 
 
243 The Debate in the Convention. 
 
 deed, enjoy, and frequently exercise the privilege; but the 
 reason is, that they are not a representative body, nor ac- 
 countable to any power for their legislative conduct but God 
 and their consciences, and therefore from a desire to preserve 
 their fame and honor free from suspicion and reproach, they 
 lender this voluntary account of their actions to the world. 
 The same motive, however, does not prevail with a represen- 
 tative body the members of which are, from time to time, 
 responsible to their constituents, and may be elected or re- 
 moved from their trust according to the proof of thei-r fidelity 
 and industry in discharging it. I have seen, sir, language 
 by such means intruded upon the journals of the legislature 
 of Pennsylvania, which would have disgraced a private club 
 at a tavern. But in the British house of lords, the language 
 of the protest is under the control of the house, and it is not 
 uncommon to erase sentences and paragraphs, and even whole 
 protests, from their records. But, Mr. President, there cannot 
 be any necessity for introducing the practice here, unless in- 
 deed to indulge the vanity of some gentlemen who wish to 
 turn authors at the public expense, to write discourses upon 
 government, and to give them a value and consequence by 
 incorporating them with your proceedings, to which they are 
 not intrinsically entitled. I therefore move, sir, that the 
 motion before you be amended, so as to restrict the right of 
 protesting to the last great question, to adopt or reject the 
 proposed plan. 
 
 This motion was seconded by Mr. Chambers. 
 
 Mr. Wilson*. I am equally opposed, Mr. President, to the 
 amendment and to the original motion. I do not wish, how- 
 ever, in any degree to suppress what may be spoken or done 
 in this convention. On the contrary, I wish our proceedings 
 may be fully known and perfectly understood by our constit- 
 uents; and, to extend the scale, by all our fellow citizens of 
 the United States. But we ought to pause and consider well 
 before we communicate all this information at the public ex- 
 pense, for as the motion has been opened and explained, 
 under the influence of that rule, our minutes may be increased 
 *From the Pennsylvania Herald, Dec. stli, 1787. 
 
The Debate in the Convention. 243 
 
 to an immense volume, and yet we have just determined that 
 3,000 copies of them shall be printed. I certainly, sir, (as 
 well as every other member) will have a tight to enter my 
 sentiments and arguments in the manner most satisfactory to 
 myself, and therefore, not only what I may hereafter say, but 
 what I have already said, in order to preserve connection and 
 system in the reasoning, must be admitted. The press is un- 
 doubtedly free, but is it necessary to that freedom that every 
 man's tenets on government should be printed at the public 
 cost ? Sir, we are here as upon many other occasions, re- 
 ferred to the constitution of Pennsylvania; but the privilege 
 indulged in this respect, is, in my opinion, one of its excep- 
 tional parts, and the instances of its abuse alluded to by my 
 honorable colleague, must excite the indignation ot every 
 friend to propriety and decency. Look at the journals of the 
 legislature of Pennsylvania, and you will find altercations 
 there which are adapted to the meridian of Billingsgate. In 
 short, sir, the idea of a protest is not to be found in any other 
 representative body, not even in that of the British house of 
 commons; and if we must seek a lesson from other constitu- 
 tions, we might, with great propriety, advert to the one be- 
 fore us, by which one-fifth of the members are enabled to call 
 for the yeas and nays, but in no case is it permitted to record 
 the reasons of a vote. Shall we then employ the whole win- 
 ter in carrying on a paper war, at the expense of the state, in 
 spreading clamor and dissension not only among our own 
 citizens, but throughout the United States? My voice. Sir, 
 never shall concur in rendering this room the centre from 
 which so many streams of bitterness shall flow. Let the op- 
 ponents of the proposed plan write as much as they please, 
 let them print when they will, but I trust we shall not agree 
 to indulge them at the expense of those who have sent us 
 hither for a very different purpose. 
 
 Mr. Smilie. It appeai;s, Mr. President, that on this ques- 
 tion the gentlemen are divided among themselves. 
 
 Mr. M'Kean. No, Sir, there shall be no division. I 
 thought the measure totally improper, and only proposed 
 the amendment in compliment to the members who urged 
 
244 "^^^ Debate in the Convention. 
 
 the general motion. I now withdraw my amendment, and 
 leave the question upon its original ground. 
 
 Mr. Smilie. I am sorry, Sir, that the honorable member 
 should so suddenly have retracted his amendment, for it 
 was more satisfactory to me than the original motion, which 
 I wish still to be narrowed down to the final question, 
 as, indeed, I do not perceive how it can operate on any other 
 subject, and it will then answer every purpose to which it 
 can be applied, without leaving room for the objection on ac- 
 count of the extraordinary expense. It will, indeed, appear ex- 
 ceedingly strange upon this important subject, that we should 
 be denied an opportunity of declaring the reasons that influ- 
 ence our votes — while we are responsible, it is our duty, and 
 while we are bound, it is our right. Nor is it liberal or reason- 
 able to presume that any harm can ensue from this privilege ; 
 for the apprehensions which are expressed, lest faction and 
 clamor should be excited among the people, are highly unbe- 
 coming the citizens of a free government. An excellent 
 author has observed, that slavery succeeds sleep, and the 
 moment parties and political contentions subside among the 
 people, from that moment liberty is at an end. I admit. Sir, 
 that if the ferment rises to an extreme it is an evil ; but as it 
 originates from a blessing, those who wish to preserve their 
 freedom must bear with its inconveniences. But what is the 
 evil so much dreaded? We are told that protests in past 
 times have been a dishonor and a discredit; but to whom 
 have they been such? Certainly to those who wrote them; 
 and so, if anything unworthy should appear in the protests 
 upon your journals, the authors alone will be liable to the 
 infamy and odium of their productions. But let us suppose, 
 on the other hand, what I believe to be the real ground of 
 opposition, that the protest should produce a change in the 
 . minds of the people, and incline them to new measures, is 
 this an event proper either to be evaded or suppressed? I 
 take it. Sir, that even after this convention shall have agreed 
 to ratify the proposed plan, if the people on better informa- 
 tion, and maturer deliberation, should think it a bad and im- 
 proper form of government, they will still have a right to as- 
 
The Debate in the Convention. 245 
 
 semble another body, to consult upon other measures, and 
 either in the whole, or in part, to abrogate this Federal work 
 so ratified. If this is true, and that it is true a worthy mem- 
 ber of the late convention admits, when he says the people 
 have at all times a power to alter and abolish government, 
 what cause is there to fear the operation of a protest ? The 
 reasons may easily be given in public newspapers, which 
 circulate more widely and more expedtiously than our jour- 
 nals, and from whatever source the information is derived, as 
 the people have the power, they may, and I believe they will 
 exercise it, notwithstanding the determination of this body. 
 The allusion to the conduct of the British commons will not 
 apply, for they are in no instance called upon to enter their 
 yeas and nays ; and after all, it appears to me to be congenial 
 with the spirit of a free government, and if the one before us 
 is free, it will be congenial with the principles of the pro- 
 posed constitution, that where men are bound by a solemn 
 and recorded vote, their reasons should accompany their as- 
 sent or dissent, and be together transmitted to posterity. 
 
 Mr. Wilson. It is one reason of my opposition to this 
 measure, that its objects can be effected in another manner 
 than by inserting them in our journals, and therefore there is 
 no pretense to load the public with an expense for diffusing 
 what is called necessary information, but which in my opin- 
 ion will terminate in the acrimony of party. But, Sir, if there 
 were no other cause of objection — if the thing were proper in 
 itself — the enormous expense that it would occasion would 
 be a conclusive ground for rejecting it. It is asked, however, 
 what is there to fear? Sir, I repeat, that I have not the least 
 dread at the most public and most general promulgation of 
 what is done and spoken here. We know that the same 
 things may as effectually, and perhaps more expeditiously, be 
 disseminated through other channels, but let them not in 
 their course either involve the public in expense, nor derive 
 from our countenance a stamp of authenticity. 
 
 Mr. Whitehill. I do not think, Mr. President, that if there 
 is any use in the proposed measure, the expense can be a suf- 
 ficient reason to defeat it. The people ought to be informed 
 
246 The Debate in the Convention. 
 
 of the principles upon which we have acted, and they ought 
 to know in the clearest manner, what is the nature and ten- 
 dency of the government with which we have bound them. 
 The friends to the constitution will be pleased to receive ar- 
 guments in favor of their opinions; those against it will be 
 pleased to show to the world that their opposition does not 
 arise merely from caprice, and the people at large will ac- 
 knowledge with thanks the resulting information upon a sub- 
 ject so important to themselves and their latest posterity. 
 But it is said that there are other means for accomplishing 
 the same end, and that the press is open to those who chose 
 to use it. This surely does not meet the object of the motion. 
 A public paper is of a transient and perishable nature, but 
 the journals of this house will be a permanent record for pos- 
 terity, and if ever it becomes a question upon what grounds 
 we have acted, each man will have his vote justified by the 
 same instrument that records it. But this comparative view 
 cannot take place through the medium of a common news- 
 paper. As, however, it seems the general disposition, I am 
 willing to reduce the motion to the last question, and this, at 
 least, I hope will be acceded to. The expense cannot be so 
 great as it is apprehended, and I really consider it essential 
 to the discharge of the commission with which we are en- 
 trusted. 
 
 Mr. Hartley. On consideration, I do not think it necessary, 
 ' Sir, to determine upon the motion at this time. It has been 
 said on one hand, that there is no precedent but in the Brit- 
 ish house of lords, and in the legislature of Pennsylvania, for 
 the practice of protesting; and on the other hand, it is insisted 
 upon from the example of Pennsylvania and the important 
 nature of the subject in discussion. But, Sir, it is certain that 
 much misinformation and misrepresentation have at all times 
 proceeded from public bodies. At present, therefore, I wish 
 the question to be waived ; otherwise, I shall vote against it, 
 although at a future period, when the reasons are produced, I 
 may be disposed to concur. 
 
 Mr. Whitehill. The gentleman's idea of a postponement 
 amounts to this : If we like your reasons when we see them, 
 
""■«>V„«,,,7„i„i,„/.»"- ■ 
 
 C2<^;^.^^^j:5, 
 
The Debate in the Convention. 247 
 
 we will permit you to enter them; if we do not, why we will 
 withhold our consent. It is strange to observe how often 
 members change their opinions on this subject. When I 
 asked a general power to protest, it was said, we will not agree 
 to that, but we think you ought to enjoy it on the last great 
 question; then when we narrow our request to that point, even 
 that is refused. Precedent, sir, cannot be adduced on this 
 occasion, for a similar situation never had occurred before in 
 the history of the world, nor do we know of any body of men 
 assembled with similar powers to investigate so interesting a 
 subject. The importance and singularity of the business 
 must place it beyond any former rule. 
 
 Mr. Wayne. As it is probable this subject may hereafter 
 be considered in a different and more proper point of view, I 
 am in favor of the postponement. In the interim the usual 
 channel of expressing their disapprobation of this system are 
 open to the opposition. It has already been tried; and I can- 
 not consent that discord and discontent should be propagated 
 through the state at the public expense, particularly as every 
 information may be given in another manner. 
 
 Mr. Wilson. Sir, I am against the postponement for two 
 reasons — first, because I would not indulge a hope which it 
 is not intended to gratify, and secondly, because I should 
 wish as soon as possible to know the fate of the present 
 motion, that every member may be prepared with his reasons 
 if it should be adopted, and not have them to look for at the 
 close of the business. But we are again asked, why suppress 
 the species of information to be propagated by the proposed 
 protests ? I thought this question had already been answered 
 satisfactorily, when it was said that the public ought not to 
 be loaded with so extraordinary an expense. In truth, sir, 
 the newspapers will answer every proper purpose; and though 
 it is said they are of a transient nature, yet if the reasons are 
 good they will even in that mode be preserved, and if they 
 are bad, I hope we shall not agree to perpetuate at the public 
 cost what ought to be consigned immediately to oblivion. It 
 is added that the expense will be small. Let us enquire 
 then, what will be the consequence of this vote? The 
 
248 The Debate in the Convention. 
 
 minority, dissatisfied with the event of this important busi- 
 ness, will first wish to file their reasons, and it would be im- 
 proper and unjust to deny them the necessary time to digest 
 and arrange them in the best manner. These reasons cannot 
 be answered till they appear, and though they may not pos- 
 sess real merit, they may be plausible and specious, therefore 
 some time will be necessarily given to the majority for fram- 
 ing a replication; and so on through an endless succession of 
 assertion and reply. For my part, I shall certainly expect to 
 be allowed a sufficient time to state my reasons, not only 
 those I have already delivered, but likewise those I may here- 
 after, in the most accurate manner I can; but, as I am perhaps 
 more accustomed to composition than other gentlemen, I 
 shall not ask for that purpose more than two or three months. 
 Shall we then. Sir, indulge this procrastinating plan at the 
 expense of two or three hundred dollars a day, which is the 
 daily expense of this meeting? I hope we shall have a 
 greater regard for the interests of our constituents. 
 
 Mr. Whitehill and Mr. Smilie repeated some of the former 
 arguments, and concluded with observing that if the motion 
 was negatived, their constituents would at least observe that 
 they were anxious to show the grounds of their conduct, 
 which they were refused the opportunity of doing. 
 
 On taking the question there appeared a very great majority 
 against the motion. 
 
 Mr. M'Kean then rose and recommended candor and for- 
 bearance in the investigation of this important subject. He 
 stated that a difference of opinion was natural to the human 
 mind, and was not only to be found in politics, but in religion. 
 He then traced this difference through the various sects of 
 the Christian faith, and concluded by expressing his appro- 
 bation of a legislature constituted by two branches. 
 
 The convention adjourned to meet to-morrow at half past 
 nine o'clock. 
 
 Wednesday^ November 28. 
 
 The* convention met pursuant to adjournment. 
 
 Mr. Wilson. Mr. President, I shall now beg leave to 
 
 *From the Pennsylvania Herald, Dec. 8th, 1787. 
 
The Debate in the Convention. 249 
 
 trouble you with a few observations upon the preamble to 
 the proposed constitution. In delivering my sentiments on 
 a former day, I had occasion to show that the supreme power 
 of government was the inalienable and inherent right of the 
 people, and the system before us opens with a practical dec- 
 laration of that principle. Here, Sir, it is expressly an- 
 nounced: "We, the people of the United States, do ordain, 
 constitute, and establish. ' ' And those who can ordain and es- 
 tablish, may certainly repeal or annul the work of government, 
 which in the hands of the people, is like clay in the hands 
 of the potter, and may be moulded into any shape they please. 
 This single sentence in the preamble is tantamount to a vol- 
 ume, and contains the essence of all the bills of rights that 
 have been or can be devised; for it establishes at once, that 
 in the great article of government, the people have a right to 
 do what they please. It is with pride, Mr. President, I re- 
 mark the difference between the terms of this constitution, 
 and the British declaration of rights, or even their boasted 
 Magna Charta. For, Sir, from what source does Magna 
 Charta derive the liberties of the people? The very words 
 of that celebrated instrument declare them to be the gift or 
 grant of the king; and under the influence of that doctrine, 
 no wonder the people should then and at subsequent periods 
 wish to obtain some evidence of their formal liberties by the 
 concessions of petitions and bills of right. But here, Sir, 
 the fee simple of freedom and government is declared to be 
 in the people, and it is an inheritance with which they will 
 not part. 
 
 Mr. Smilie. I expected, Mr. President, that the honorable 
 gentleman would have proceeded to a full and explicit inves- 
 tigation of the proposed system, and that he would have made 
 some attempts to prove that it was calculated to promote the 
 happiness, power and general interests of the United States. 
 I am sorry that I have been mistaken in this expectation, for 
 surely the gentleman's talents and opportunities would have 
 enabled him to furnish considerable information upon this 
 important subject; but I shall proceed to make a few remarks 
 upon those words in the preamble of this plan, which he has 
 
250 The Debate in the Convention. 
 
 considered of so super-excellent a quality. Compare them, 
 Sir, with the language used in forming the state constitution, 
 and however superior they may be to the terms of the great 
 charter of England; still, in common candor, they must yield 
 to the more sterling expressions employed in this act. I^et 
 these speak for themselves: 
 
 "That all men are born equally free and independent, and 
 have certain natural, inherent and unalienable rights, among 
 which are the enjoying and defending life and liberty, acquir- 
 ing possessing and protecting property, and pursuing and ob- 
 taining happiness and safety. 
 
 "That the people of this state have the sole, exclusive and 
 inherent right of governing and regulating the internal police 
 of the same. 
 
 "That all power being originally inherent in, and conse- 
 quently derived from the people; therefore all oiScers of gov- 
 ernment, whether legislative or executive, are their trustees 
 and servants, and at all times accountable to them. 
 
 "That government is, or ought to be, instituted for the 
 common benefit, protection and security of the people, nation 
 or community; and not for the particular emolument or ad- 
 vantage of any single man, family, or set of men, who are a 
 part only of that community. And that the community hath 
 an indubitable, unalienable, and indefeasible right to reform, 
 alter or abolish government in such manner as shall be by 
 that community judged most conducive to the public weal." 
 
 But the gentleman takes pride in the superiority of this 
 short preamble when compared with Magna Charta — why, sir, 
 I hope the rights of men are better understood at this day 
 than at the framing of that deed, and we must be convinced 
 that civil liberty is capable of still greater improvement and 
 extension, than is known even in its present cultivated state. 
 True, sir, the supreme authority naturally rests in the people, 
 but does it follow, that therefore a declaration of rights would 
 be superfluous? Because the people have a right to alter and 
 abolish government, can it therefore be inferred that every 
 step taken to secure that right would be superfluous and 
 nugatory? The truth is, that unless some criterion is estab- 
 
The Debate m the Convention. jci 
 
 lished by which it could be easily and constitutionally ascer- 
 tained how far our governors may proceed, and by which it 
 might appear when they transgress their jurisdiction, this 
 idea of altering and abolishing government is a mere sound 
 without substance. Let us recur to the memorable declara- 
 tion of the 4th of July, 1776. Here it is said : 
 
 "When in the course of human events, it becomes neces- 
 sary for one people to dissolve the political bands which have 
 connected them with another, and to assume among the 
 powers of the earth the separate and equal station to which 
 the laws of nature's God entitle them, a decent respect to the 
 opinions of mankind requires that they should declare the 
 causes which impel them to the separation. 
 
 "We hold these truths to be self-evident; that all men are 
 created equal; that they are endowed by their Creator with 
 certain unalienable rights; that among these are life, liberty, 
 and the pursuit of happiness. That to secure these rights, 
 governments are instituted among men, deriving their just 
 powers from the consent of the governed; that when any form 
 of government becomes destructive of these ends, it is the 
 right of the people to alter or to abolish it, and to institute a 
 new government, laying its foundation on such principles, 
 and organizing its powers in such form, as to them shall 
 seem most likely to effect their safety and happiness." 
 
 Now, Sir, if in the proposed plan, the gentleman can show 
 any similar security for the civil rights of the people, I shall 
 certainly be relieved from a weight of objection to its adop- 
 tion, and I sincerely hope, that as he has gone so far, he will 
 proceed to communicate some of the reasons (and undoubtedly 
 they must have been powerful ones) which induced the late 
 federal convention to omit a bill of rights, so essential in the 
 opinion of many citizens to a perfect form of government. 
 
 Mr. M'Kean. — I conceived, Mr. President, that we were at 
 this time to confine our reasoning to the first article, which 
 relates to the legislative power composed of two branches, and 
 the partial negative of the President. Gentlemen, however, 
 have taken a more extensive field, and have employed them- 
 selves in animadverting upon what has been omitted, and 
 
253 The Debate in the Convention. 
 
 not upon what is contained in the proposed system. It is 
 asked, Sir, why a bill of rights is not annexed to the consti- 
 tution? The origin of bills of rights has been referred to, 
 and we find that in England they proceed upon the principle 
 that the supreme power is lodged in the king and not in the 
 people, so that their liberties are not claimed as an inherent 
 right, but as a grant from the sovereign. The great charter 
 rests on that footing, and has been renewed and broken above 
 30 times. Then we find the petition of rights in the reign 
 of Charles I., and lastly, the declaration of rights on the ac- 
 cession of the Prince of Orange to the British throne. The 
 truth is. Sir, that bills of rights are instruments of modern 
 invention, unknown among the ancients, and unpractised 
 but by the British nation, and the governments descended 
 from them. For though it is said that Poland has a bill of 
 rights, it must be remembered that the people have no par- 
 ticipation in that government. Of the constitutions of the 
 United States, there are but five out of the thirteen which 
 have bills of rights. In short, though it can do no harm, I 
 believe, yet it is an unnecessary instrument, for in fact the 
 whole plan of government is nothing more than a bill of 
 rights — a declaration of the people in what manner they 
 choose to be governed. If, Sir, the people should at any time 
 desire to alter and abolish their government, I agree with 
 my honorable colleague that it is in their power to do so, 
 and I am happy to observe, that the constitution before us 
 provides a regular mode for that event. At present my chief 
 object is to call upon those who deem a bill of rights so essen- 
 tial, to inform us if there are any other precedents than 
 those I have alluded to, and if there is not, the sense of 
 mankind and of nations will operate against the alleged ne- 
 cessity. 
 
 Mr. Wilson. * Mr. President, we are repeatedly called upon 
 to give some reason why a bill of rights has not been annexed 
 to the proposed plan. I not only think that enquiry is at this 
 time unnecessary and out of order, but I expect, at least, that 
 those who desire us to show why it was omitted, will furnish 
 
 * From tlie Pennsylvania Herald, Dec. 12th, 1787. 
 
The Debate in the Convention. 253 
 
 some arguments to show that it ought to have been inserted; 
 for the proof of the aiErmative naturally falls upon them. 
 But the truth is, Sir, that this circumstance, which has since 
 occasioned so much clamor and debate, never struck the mind 
 of any member in the late convention till, I believe, within 
 three days of the dissolution of that body, and even then of 
 so little account was the idea that it passed off in a short con- 
 versation, without introducing a formal debate or assuming 
 the shape of a motion. For, Sir, the attempt to have thrown 
 into the national scale an instrument in order to evince that 
 any power not mentioned in the constitution was reserved, 
 would have been spurned at as an insult to the common un- 
 derstanding of mankind. In civil government it is certain 
 that bills of rights are unnecessary and useless, nor can I con- 
 ceive whence the contrary notion has arisen. Virginia has 
 no bill of rights, and will it be said that her constitution was 
 the less free ? 
 
 Mr. Smilie. I beg leave to observe, Mr. President, that 
 although it has not been inserted in the printed volume of 
 state constitution, yet I have been assured by Mr. Mason that 
 Virginia has a bill of rights. 
 
 Mr. Wilson. I do not rely upon the information of Mr. 
 Mason or of any other gentleman on a question of this kind, 
 but I refer to the authenticity of the volume which contains 
 the state constitutions, and in that Virginia has no bill of 
 rights. But, Sir, has South Carolina no security for her lib- 
 erties ? — that state has no bill of rights. Are the citizens of 
 the eastern shore of the Delaware more secured in their free- 
 dom, or more enlightened on the subject of government, than 
 the citizens of the western shore? New Jersey has no bill of 
 rights. New York has none, Connecticut has none, and Rhode 
 Island has none. Thus, Sir, it appears from the example of 
 other states, as well as from principle, that a bill of rights is 
 neither an essential nor a necessary instrument in framing a 
 system of government, since liberty may exist and be as well 
 secured without it. But it was not only unnecessary, but on 
 this occasion it was found impracticable — for who will be bold 
 enough to undertake to enumerate all the rights of the peo- 
 
254 ^^ Debate in the Convention. 
 
 pie? — and when the attempt to enumerate them is made, it 
 must be remembered that if the enumeration is not complete, 
 everything not expressly mentioned will be presumed to be 
 purposely omitted. So it must be with a bill of rights, and 
 an omission in stating the powers granted to the government, 
 is not so dangerous as an omission in recapitulating the rights 
 reserved by the people. We have already seen the origin of 
 magna charta, and tracing the subject still further we iind the 
 petition of rights claiming the liberties of the people, accord- 
 ing to the laws and statutes of the realm, of which the great 
 charter was the most material, so that here again recourse is 
 had to the old source from which their liberties are derived, 
 the grant of the king. It was not till the revolution that the 
 subject was placed upon a diflFerent footing, and even then the 
 people did not claim their liberties as an inherent right, but 
 as the result of an original contract between them and the 
 sovereign. Thus, Mr. President, an attention to the situation 
 of England will show that the conduct of that country in 
 respect to bills of rights, cannot furnish an example to the 
 inhabitants of the United States, who by the revolution have 
 regained all their natural rights, and possess their liberty 
 neither by grant nor contract. In short. Sir, I have said that 
 a bill of rights would have been improperly annexed to the 
 federal plan, and for this plain reason that it would imply 
 that whatever is not expressed was given, which is not the 
 principle of the proposed constitution. 
 
 Mr. Smilie. The arguments which have been urged, Mr. 
 President, have not, in my opinion, satisfactorily shown that 
 a bill of rights would have been an improper, nay, that it is 
 not a necessary appendage to the proposed system. As it has 
 been denied that Virginia possesses a bill of rights, I shall 
 on that subject only observe that Mr. Mason, a gentleman 
 certainly of great information and integrity, has assured me 
 that such a thing does exist, and I am persuaded I shall be 
 able at a future period to lay it before the convention. But, 
 Sir, the state of Delaware has a bill of rights, and I believe 
 one of the honorable members (Mr. M'Kean) who now con- 
 tests the necessity and propriety of that instrument, took a 
 
The Debate in the Convention. 255 
 
 very conspicuous part in the formation of the Delaware 
 government. It seems, however, that the members of the 
 federal convention were themselves convinced, in some de- 
 gree, of the expediency and propriety of a bill of rights, for 
 we find them expressly declaring that the writ of habeas 
 corpus and the trial by jury in criminal cases shall not be 
 suspended or infringed. How does this indeed agree with 
 the maxim that whatever is not given is reserved? Does it 
 not rather appear from the reservation of these two articles 
 that everything else, which is not specified, is included in 
 the powers delegated to the government? This, Sir, must 
 prove the necessity of a full and explicit declaration of rights; 
 and when we further consider the extensive, the undefined 
 powers vested in the administrators of this system, when we 
 consider the system itself as a great political compact be- 
 tween the governors and the governed, a plain, strong, and 
 accurate criterion by which the people might at once deter- 
 mine when, and in what instance their rights were violated, 
 is a preliminary, without which, this plan ought not to be 
 adopted. So loosely, so inaccurately are the powers which 
 are enumerated in this constitution defined, that it will be 
 impossible, without a test of that kind, to ascertain the 
 limits of authority, and to declare when government has de- 
 generated into oppression. In that event the contest will 
 arise between the people and the rulers: "You have exceeded 
 the powers of your office, you have oppressed us," will be the 
 language of the suffering citizen. The answer of the govern- 
 ment will be short — "We have not exceeded our power; you 
 have no test by which you can prove it." Hence, Sir, it will 
 be impracticable to stop the progress of tyranny, for there 
 will be no check but the people, and their exertions must be 
 futile and uncertain; since it will be difficult, indeed, to com- 
 municate to them the violation that has been committed, 
 and their proceedings will be neither systematical nor unani- 
 mous. It is said, however, that the difficulty of framing a 
 bill of rights was insurmountable; but, Mr. President, I can- 
 not agree in this opinion. Our experience, and the numer- 
 ous precedents before us, would have furnished a very 
 
256 The Debate in the Convention. 
 
 sufficient guide. At present there is no security even for the 
 rights of conscience, and under the sweeping force of the 
 sixth article, every principle of a bill of rights, every stipula- 
 tion for the most sacred and invaluable privileges of man, are 
 left at the mercy of government. 
 
 Mr. Whitehill. I differ. Sir, from the honorable member 
 from the city, * as to the impropriety or necessity of a bill of 
 rights. If, indeed, the constitution itself so well defined the 
 powers of the government that no mistake could arise, and 
 we were well assured that our governors would always act 
 right, then we might be satisfied without an explicit reserva- 
 tion of those rights with which the people ought not, and 
 mean not to part. But, Sir, we know that it is the nature of 
 power to seek its own augmentation, and thus the loss of lib- 
 erty is the necessary consequence of a loose or extravagant 
 delegation of authority. National freedom has been, and will 
 be the sacrifice of ambition and power, and it is our duty to 
 employ the present opportunity in stipulating such restric- 
 tions as are best calculated to protect us from oppression and 
 slavery. I,et us then, Mr. President, if other countries can- 
 not supply an adequate example, let us proceed upon our own 
 principles, and with the great end of government in view, 
 the happiness of the people, it will be strange if we err. 
 Government, we have been told, Sir, is yet in its infancy: we 
 ought not therefore to submit to the shackles of foreign 
 schools and opinions. In entering into the social compact, 
 men ought not to leave their rulers at large, but erect a per- 
 manent land-mark by which they may learn the extent of 
 their authority, and the people be able to discover the first 
 encroachments on their liberties. But let us attend to the 
 language of the system before us. "We the people of the 
 United States," is a sentence that evidently shows the old 
 foundation of the union is destroyed, the principle of con- 
 federation excluded, and a new and unwieldy system of con- 
 solidated empire is set up, upon the ruins of the present com- 
 pact between the states. Can this be denied? No, Sir: It is 
 artfully indeed, but it is iucontrovertibly designed to abolish 
 
 *Mr. Wilson. 
 
The Debate in the Convefttion. 257 
 
 the independence and sovereignty of the states individually, 
 an event which cannot be the wish of any good citizen of 
 America, and therefore it ought to be prevented, by rejecting 
 the plan which is calculated to produce it. What right in- 
 deed have we in the manner here proposed to violate the ex- 
 isting confederation? It is declared, that the agreement of 
 nine states shall be sufiicient to carry the new system into 
 operation, and consequently to abrogate the old one. Then, 
 Mr President, four of the present confederated states may not 
 be comprehended in the compact: shall we, Sir, force these 
 dissenting states into the measure? The consequences of that 
 attempt are evidently such as no man can either justify or 
 approve. But reverse the idea — would not these states have 
 a fair pretext to charge the rest with an unconstitutional and 
 unwarrantable abandoment of the nature and obligation of 
 the union of 1776? And having shown sufficient reason why 
 they could not accede to the proposed government, would 
 they not still be entitled to demand a performance of the orig- 
 ginal compact between the states ? Sir, these questions must 
 introduce a painful anticipation of the confusion, contest, and 
 a civil war, which, under such circumstances, the adoption 
 of the offered system must produce. It will be proper, per- 
 haps, to review the origin of this business. It was certainly, 
 Mr. President, acknowledged on all hands, that an additional 
 share of power for federal purposes ought to be delegated to 
 Congress ; and with a view to enquire how far it was neces- 
 sary to strengthen and enlarge the jurisdiction of that body, 
 the late convention was appointed tmder the authority, and 
 by legislative acts of the several states. But how, Sir, did 
 the convention act upon this occasion? Did they pursue the 
 aiithority which was given to them? By the State of Penn- 
 sylvania that authority was strictly defined in the following 
 words: 
 
 "And the said Thomas Mifflin, Robert Morris, George 
 Clymer, Jared Ingersoll, Thomas Fitzsimons, James Wilson 
 and Governeur Morris, Esqrs., or any four of them, are 
 hereby constituted and appointed deputies from this state, 
 with powers to meet such deputies as may be appointed and 
 17 
 
258 The Debate in the Convention. 
 
 authorized by the other states to assemble in the said conven- 
 tion at the city aforesaid, and to join with them in devising, 
 deliberating on and discussing all such alterations and further 
 provisions as may be necessary to render the federal constitu- 
 tion fully adequate to the exigencies of the union ; and in re- 
 porting such act or acts for that purpose to the United States 
 in Congress assembled, as when agreed to by them, and duly 
 confirmed by the several states, will effectually provide for 
 the same." 
 
 Thus, Sir, it appears that no other power was given to the 
 delegates from this state (and I believe the power given by the 
 other states was of the same nature and extent) than to in- 
 crease in a certain degree the strength and energy of Con- 
 gress ; but it never was in the contemplation of any man that 
 they were authorized to dissolve the present union, to abrogate 
 the state sovereignties, and to establish one comprehensive 
 government, novel in its structure, and in its probable opera- 
 tion oppressive and despotic. Can it then be said that the late 
 convention did not assume powers to which they had no legal 
 title ? On the contrary, Sir, it is clear that they set aside the 
 laws under which they were appointed, and under which 
 alone they could derive any legitimate authority, they arro- 
 gantly exercised any powers that they found convenient to 
 their object, and in the end they have overthrown that gov- 
 ernment which they were called upon to amend, in order to 
 introduce one of their own fabrication. 
 
 True* it is, Mr. President, that if the people intended to en- 
 gage in one comprehensive system of continental government, 
 the power to frame that system must have been conferred by 
 them ; for the legislatures of the states are sworn to preserve 
 the independence of their respective constitutions, and there- 
 fore they could not, consistently with their most sacred obli- 
 gations, authorize an act which sacrificed the individual to 
 the aggregate sovereignty of the states. But it appears from 
 the origin and nature of the commission under which the 
 late convention assembled, that a more perfect confederation 
 was the only object submitted to their wisdom, and not, as it 
 
 *From the Pennsylvania Herald, Dec. istli, 17S7. 
 
The Debate in the Convention. 2SQ 
 
 is attempted by this plan, the total destruction of the govern- 
 ment of Pennsylvania, and of every other state. So far, Sir, 
 the interference of the legislatures was proper and efficient; 
 but the moment the convention went beyond that object, they 
 ceased to act under any legitimate authority, for the assem- 
 blies could give them none, and it cannot be pretended that 
 they were called together by the people; for, till the preamble 
 was produced, it never was understood that the people at 
 large had been consulted upon the occasion, or that other- 
 wise than through their representatives in the several states, 
 they had given a sanction to the proceedings of that body. 
 If, indeed, the federal convention, finding that the old system 
 was incapable of repair, had represented the incurable defects 
 to Congress, and advised that the original and inherent power 
 of the people might be called into exercise for the institution 
 of a new government, then. Sir, the subject would have come 
 fairly into view, and we should have known upon what prin- 
 ciples we proceeded. At present we find a convention ap- 
 pointed by one authority, but acting under the arbitrary as- 
 sumption of another; and instead of transacting the business 
 which was assigned to them, behold! they have produced a 
 work of supererogation, after a mysterious labor of three 
 months. I^et us, however. Sir, attend for a moment to the 
 constitution. And here we shall find, in a single line, sufii- 
 cient matter for weeks of debate, and which it will puzzle 
 any one member to investigate and define. But, besides 
 the powers enumerated, we find in this constitution an au- 
 thority is given to make all laws that are necessary to carry 
 it effectually into operation, and what laws are necessary 
 is a consideration left for Congress to decide. In consti- 
 tuting the representative body, the interposition of the Con- 
 gress is likewise made conclusive; for, with the power of 
 regulating the place and manner of elections, it is easy to 
 perceive that the returns will always be so managed as to 
 answer their purpose. It is strange to mark, however, 
 what a sudden and striking revolution has taken place in 
 the political sentiments of America; for. Sir, in the opening 
 of our struggle with Great Britain, it was often insisted 
 
26o The Debate in the Convention. 
 
 that annual parliaments were necessary to secure the liberties 
 of the people, and yet it is here proposed to establish a house 
 of representatives which shall continue for two, a senate for 
 six, and a president for four years! What is there in this 
 plan indeed, which can even assure us that the several de- 
 partments shall continue no longer in ofSce? Do we not 
 know that an English parliament elected for three years, by 
 a vote of their own body, extended their existence to seven, 
 and with this example, Congress possessing a competent 
 share of power may easily be tempted to exercise it. The ad- 
 vantages of annual elections are not at this day to be taught, 
 and when every other security was withheld, I should still 
 have thought there was some safety in the government, had 
 this been left. The seats of Congress being held for so short 
 a period, and by a tenure so precarious as popular elections, 
 there could be no inducement to invade the liberties of the 
 people, nor time enough to accomplish the schemes of ambi- 
 tion and tyranny. But when the period is protracted, an 
 object is presented worthy of contention, and the duration of 
 the office affijrds an opportunity for perpetuating the influence 
 by which it was originally obtained. Another power de- 
 signed to be vested in the new government, is the superlative 
 power of taxation, which may be carried to an inconceivable 
 excess, swallowing up every object of taxation, and conse- 
 quently plundering the several states of every means to sup- 
 port their governments, and to administer their laws. Then, 
 Sir, can it longer be doubted that this is a system of consoli- 
 dation? That government which possesses all the powers of 
 raising and maintaining armies, of regulating and com- 
 manding the militia, and of laying imposts and taxes of 
 every kind, must be supreme, and will (whether in twenty 
 or in one year, it signifies little to the event) naturally 
 absorb every subordinate jurisdiction. It is in vain. Sir, 
 to flatter ourselves that the forms of popular elections will be 
 the means of self-preservation, and that the officers of the pro- 
 posed government will uniformly act for the happiness of the 
 people — for why should we run a risk which we may easily 
 avoid ? The giving such extensive and undefined power is 
 
The Debate in the Convention. 261 
 
 a radical wrong that cannot be justified by any subsequent 
 merit in the exercise; for in framing a new system, it is our 
 duty rather to indulge a jealousy of the human character, 
 than an expectation of unprecedented perfection. lyet us, 
 however, suppose what will be allowed to be at least possible, 
 that the powers of this government should be abused, and the 
 liberties of the people infringed; do any means of redress re- 
 main with the states or with the people at large, to oppose 
 and counteract the influence afld oppression of the general 
 government? Secret combinations, partial insurrections, 
 sudden tumults may arise; but these being easily defeated 
 and subdued, will furnish a pretence for strengthening that 
 power which they were intended to overthrow. A bill of 
 rights, Mr. President, it has been said, would not only be un- 
 necessary, but it would be dangerous, and for this special 
 reason, that because it is not practicable to enumerate all the 
 rights of the people, therefore it would be hazardous to secure 
 such of the rights as we can enumerate! Truly, Sir, I will 
 agree that a bill of rights may be a dangerous instrument, 
 but it is to the views and projects of the aspiring ruler, and 
 not the liberties of the citizen. Grant but this explicit crite- 
 rion, and our governors will not venture to encroach ; refuse 
 it, and the people cannot venture to complain. From the 
 formal language of magna charta we are next taught to con- 
 sider a declaration of rights as superfluous; but. Sir, will the 
 situation and conduct of Great Britian furnish a case parallel 
 to that of America? It surely will not be contended that we 
 are about to receive our liberties as a grant or concession 
 from any power .upon earth; so that if we learn anything from 
 the English charter, it is this: that the people having negli- 
 gently lost or submissively resigned their rights into the 
 hands of the crown, they were glad to recover them upon 
 any terms; their anxiety to secure the grant by the strong- 
 est evidence will be an argument to prove, at least, the 
 expediency of the measure, and the result of the whole is a 
 lesson instructing us to do by an easy precaution, what will 
 hereafter be an arduous and perhaps insurmountable task. 
 But even in Great Britain, whatever may be the courtesy of 
 
263 The Debate in the Convention. 
 
 their expressions, the matter stands substantially on a diflfer- 
 ent footing, for we know that the divine right of kings is 
 there, as well as here, deemed an idle and chimerical tale. 
 It is true, the preamble to the great charter declares the liber- 
 ties enumerated in that instrument, to be the grant of the 
 sovereign, but the hyperbolical language of the Bnglish law 
 has likewise declared that "the king can do no wrong," and 
 yet, from time to time, the people have discovered in them- 
 selves the natural source of power, and the monarchs have 
 been made painfully responsible for their action. Will it 
 still be said, that the state governments would be adequate to 
 the task of correcting the usurpations of Congress? Let us 
 not, however, give the weight of proof to the boldness of 
 assertion; for, if the opposition is to succeed by force, we find 
 both the purse and the sword are almost exclusively trans- 
 ferred to the general government; and if it is to succeed by 
 legislative remonstrance, we shall find that expedient ren- 
 dered nugatory by the law of Congress, which is to be the 
 supreme law of the land. Thus, Mr. President, must the 
 powers and sovereignty of the several states be eventually 
 destroyed, and when, at last, it may be found expedient to 
 abolish that connection which, we are told essentially exists 
 between the federal and individual legislatures, the proposed 
 constitution is amply provided with the means in that clause 
 which assumes the authority to alter or prescribe the place 
 and manner of elections. I feel, Mr. President, the magni- 
 tude of the subject in which I am engaged, and although I 
 am exhausted with what I have already advanced, I am con- 
 scious that the investigation is infinitely far from being com- 
 plete. Upon the whole, therefore, I wish it to be seriously 
 considered, whether we have a right to leave the liberties of 
 the people to such future constructions and expositions as 
 may possibly be made upon this system; particularly when its 
 advocates, even at this day, confess that it would be dangerous 
 to omit anything in the enumeration of a bill of rights, and ac- 
 cording to their principle, the reservation of the habeas corpus, 
 and trial by jury in criminal cases, may hereafter be construed 
 to be the only privileges reserved by the people. I am not anx- 
 
The Debate in the Convention. 263 
 
 ious, Mr. President, about forms— it is the substance which I 
 wish to obtain; and therefore I acknowledge, if our liberties 
 are secured by the frame of government itself, the supplement- 
 ary instrument of a declaration of rights may well be dispensed 
 with. But, Sir, we find no security there, except in the two 
 instances referred to, and it will not, I hope, any longer be 
 alleged that no security is requisite, since those exceptions 
 prove a contrary sentiment to have been entertained by the 
 very framers of the proposed constitution. The question at 
 present. Sir, is, however, of a preliminary kind — does the 
 plan now in discussion propose a consolidation of the states? 
 and will a consolidated government be most likely to promote 
 the interests and happiness of America? If it is satisfactorily 
 demonstrated, that in its principles or in its operation, the 
 dissolution of the state sovereignties is not a necessary conse- 
 quence, I shall then be willing to accompany the gentlemen 
 on the other side in weighing more particularly its merits 
 and demerits. But my judgment, according to the informa- 
 tion I now possess, leads me to anticipate the annihilation of 
 the several state governments — an event never expected by 
 the people, and which would, I fervently believe, destroy the 
 civil liberties of America. 
 
 Mr. Wilson. * I am willing, Mr. President, to agree with 
 the honorable member who has just spoken, that if this 
 system is not calculated to secure the liberties and happiness 
 of the United States, it should not be adopted; but, on the 
 contrary, if it provides an adequate security for the general 
 liberties and happiness of the people, I presume it ought not 
 to be rejected. Before I comment upon the principles which 
 have brought us to this issue, I beg leave to make one gen- 
 eral remark. Liberty and happiness have. Sir, a powerful 
 enemy on each hand; — on the one hand there is tyranny, on 
 the other there is licentiousness. To guard against the 
 latter, it is necessary that adequate powers should be given 
 to the government, and to protect us from the former, it is 
 requisite that that those powers should be properly distrib- 
 uted. Under this consideration, let us now regard the pro- 
 
 *Proin the Pennsylvania Herald, Dec. igtlt 1787. 
 
264 The Debate in the Convention. 
 
 posed system; and I freely confess that if its adoption will 
 necessarily be followed by the annihilation of the state 
 governments, the objection is of very great force, and ought 
 to be seriously weighed. The inference, however, appears 
 rather unnatural that a government should be expressly cal- 
 culated to produce the destruction of other governments, upon 
 which its own existence must entirely depend; for, Mr. Presi- 
 dent, it is capable of demonstration, that if the state govern- 
 ments fall, the general government must likewise be involved 
 in one common ruin. Is it not evident, Sir, when we par- 
 ticularly examine the structure of the proposed system, that 
 the operation of the federal legislature necessarily presup- 
 poses the existence of the legislatures of the several States ? 
 Can the Congress, the president, or even the judiciary 
 department, survive the dissolution of those powers in the 
 separate governments, from which they essentially derive 
 their origin, and on which they must forever depend for 
 their renovation? No, sir! For, we find that the House of 
 Representatives is to be composed of persons returned by 
 the suffrage of freemen who are qualified to vote for the 
 members of the most numerous branch of the state legisla- 
 ture, which legislature must necessarily exist, or the only 
 criterion for supplying the popular department of the fed- 
 eral government will be extinct. The senate, which is to 
 be chosen by the several legislatures, cannot consequently be 
 appointed unless those legislatures exist; which is likewise 
 the case in respect to the president, as this office is to be 
 filled by electors nominated by the respective state legisla- 
 tures; and, lastly, the judges are to be commissioned by the 
 president and senate, who cannot appoint, unless they are 
 themselves first appointed, and that, it appears, must depend 
 iipon the existence of the state legislatures. Thus, Mr. Pres- 
 ident, by a clear deduction, it is evident that the existence 
 and efficiency of the general government presupposes the ex- 
 istence and full operation of the separate governments. For 
 you can never prove a person to have been chosen, till you 
 have proved that he was the choice of persons qualified to 
 vote; you cannot prove any man to be entitled to elect a 
 
The Debate in the Convention. 265 
 
 member of the house of representatives, till you have proved 
 that he is qualified to elect a member of the most numerous 
 branch of the state legislature. But, Sir, it has been inti- 
 mated that the design of the federal convention was to absorb 
 the state governments. This would introduce a strange doc- 
 trine indeed, that one body should seek the destruction of 
 another, upon which its own preservation depends, or that 
 the creature should eat up and consume the creator. The 
 truth is. Sir, that the framers of this system were particularly 
 anxious, and their work demonstrates their anxiety, to pre- 
 serve the state governments unimpaired — it was their favorite 
 object; and, perhaps, however proper it might be in itself, it 
 is more difl&cult to defend the plan on account of the exces- 
 sive caution used in that respect than from any other objec- 
 tion that has been offered here or elsewhere. Hence, we have 
 seen each state, without regard to their comparative import- 
 ance, entitled to an equal representation in the senate, and a 
 clause has been introduced which enables two-thirds of the 
 state legislature at any time to propose and effectuate altera- 
 tions in the general system. But, Mr. President, though in 
 the very structure of the plan the concomitant duration of 
 the state governments is always pre-supposed, yet their power 
 is not the only one intended to be recognized and established. 
 The power of the people. Sir, is the great foundation of the 
 proposed system, a power totally unknown in the present 
 confederation, but here it mediately pervades every depart- 
 ment and is immediately exercised in the house of represent- 
 atives. I trust it is unnecessary to dwell longer upon this 
 subject; for, when gentlemen assert that it was the intention 
 of the federal convention to destroy the sovereignty of the 
 states, they must conceive themselves better qualified to judge 
 of the intention of that body than its own members, of whom 
 not one, I believe, entertained so improper an idea. Intended 
 it, Sir! how was this information obtained? I trust we shall 
 not admit these visionary interpretations, but wisely judge 
 of the tree by its fruit. The only pretence of proof, indeed, 
 has been taken from the work itself— from that section which 
 empowers the Congress to alter the place and manner of elec- 
 
266 The Debate in the Convention. 
 
 tion, under which, it is said, the national government may be 
 carried on after the state governments are totally eradicated. 
 This, Mr. President, is not only a proper, but a necessary 
 power, for every government should possess the means of 
 self-preservation. We have seen that the States may alter 
 or amend the proposed system, if they should find it incom- 
 patible with their interest and independency, and the same 
 reason justifies and requires that Congress should have an 
 ultimate control over those elections, upon which its purity 
 and existence must depend. What would otherwise be the 
 consequence? One or more States might refuse to make any 
 regulations upon the subject, or, might make such regulations 
 as would be highly inconvenient and absurd — if the election 
 were appointed to be held at Pittsburgh, or, if a minority, 
 tumultuously breaking up the legislatures, should defeat the 
 disposition of the majority to appoint any place for that pur- 
 pose, shall Congress have no authority to counteract such 
 notorious evils, but continue in absolute dependence upon the 
 will of a refractory State ? I say not. Sir, that these are prob- 
 able events; but as they are certainly possible, it was the 
 duty of the late convention to provide against the mischief, 
 and to secure to the general government a power, in the 
 dernier resort, for the more perfect organization of its constit- 
 uent parts. In short. Sir, this system would be nugatory 
 without the provision so much deprecated, as the national 
 government must be laid prostrate before any State in the 
 union, whose measures might at any time be influenced by 
 faction and caprice. These, therefore, are the reasons upon 
 which it is founded, and in spite of every perversion, it 
 will be found only to contain the natural maxims of self-pres- 
 ervation. I shall take a future opportunity to remark upon 
 the other points of the speech delivered by the member from 
 Cumberland, and upon the general principles of the proposed 
 constitution. Thus I have thought it proper to remark, in 
 this early stage of the debate, because I am sensible that the 
 imputation of subverting the State governments, either as a 
 principle or a consequence of the plan, must if well founded 
 prove a very important objection. 
 
The Debate in the Convention. 267 
 
 Mr. Smilie. I am happy, Mr. President, to find the argu- 
 ment placed upon the proper ground, and that the honorable 
 member from the city has so fully spoken on the question, 
 whether this system proposes a consolidation or a confedera- 
 tion of the states, as that is, in my humble opinion, the 
 source of the greatest objection, which can be made to its 
 adoption. I agree likewise with him, Sir, that it is, or ought 
 to be, the object of all governments, to fix upon the interme- 
 diate point between tyranny and licentiousness; and there- 
 fore, it will be one of the great objects of our enquiry, to as- 
 certain how far the proposed system deviates from that point 
 of political happiness. For my part, I will readily confess, 
 that it appears to be well guarded against licentiousness, but 
 I am apprehensive it has deviated a little on the left hand, 
 and rather invites than guards against the approaches of 
 tyranny. I think however, Mr. President, it has been clearly 
 argufed, that the proposed system does not directly abolish, 
 the governments of the several States, because its organiza- 
 tion, and, for some time, perhaps, its operations, naturally 
 pre-suppose their existence. But, Sir, it is not said, nor is 
 thought, that the words of this instrument expressly an- 
 nounce that the sovereignty of the several States, their inde- 
 pendency, jurisdiction, and power, are at once absorbed and 
 annihilated by the general government. To this position and 
 to this alone, the arguments of the honorable gentlemen can 
 effectually apply, and there they must undoubtedly hold as 
 long as the forms of State Government remain, at least, till 
 a change takes place in the federal constitution. It is, how- 
 ever, upon other principles that the final destruction of the in- 
 dividual governments is asserted to be a necessary consequence 
 of their association under this general form, — for. Sir, it is 
 the silent but certain operation of the powers, and not the 
 cautious, but artful tenor of the expressions contained in this 
 system, that can excite terror, or generate oppression. The 
 flattery of language was indeed necessary to disguise the bane- 
 ful purpose, but it is like the dazzling polish bestowed upon an 
 instrument of death; and the visionary prospect of a magnifi- 
 cent, yet popular government, was the most specious mode 
 
268 The Debate in the Convention. 
 
 of rendering the people accessory to the ruin of those systems 
 which they have so recently and so ardently labored to estab- 
 lish. Hence, Sir, we may trace that passage which has been 
 pronounced by the honorable delegate to the late convention 
 with exultation and applause ; but when it is declared that 
 "We the people of the United States do ordain and establish 
 this constitution," is not the very foundation a proof of a con- 
 solidated government, by the manifest subversion of the 
 principle that constitutes a union of States, which are sover- 
 eign and independent, except in the specific objects of con- 
 federation? These words have a plain and positive meaning, 
 which could not be misunderstood by those who employed 
 them ; and therefore, Sir, it is fair and reasonable to infer, 
 that it was in contemplation of the framers of this system, to 
 absorb and abolish the efficient sovereignty and independent 
 powers of the several States, in order to invigorate and 
 aggrandize the general government. The plan before us, 
 then, explicitly proposes the formation of a new constitution 
 upon the original authority of the people, and not an associa- 
 tion of States upon the authority of their respective govern- 
 ments. On that ground, we perceive that it contains all the 
 necessary parts of a complete system of government, the ex- 
 ecutive, legislative and judicial establishments; and when 
 two separate governments are at the same time in operation, 
 over the same people, it will be difficult indeed to provide for 
 each the means of safety and defence against the other; but 
 if those means are not provided, it will be easily foreseen, 
 that the stronger must eventually subdue and annihilate the 
 weaker institution. I^et us then examine the force and in- 
 fluence of the new system, and enquire whether the small 
 remnant of power left to the States can be adequate even to 
 the trifling charge of its own preservation. Here, Sir, we 
 find the right of making laws for every purpose is invested in 
 the future governors of America, and in this is included the 
 uncontrolled jurisdiction over the purses of the people. The 
 power of raising money is indeed the soul, the vital prop of 
 legislation, without which legislation itself cannot for a 
 moment exist. It will, however, be remarked that the 
 
The Debate in the Convention. 269 
 
 power of taxation, though extended to the general govern- 
 ment, is not taken from the States individually. Yes, Sir!— 
 but it -will be remembered that the national government may 
 take from the people just what they please, and if anything 
 should afterwards remain, then indeed the exigencies of the 
 State governments may be supplied from the scanty gleanings 
 of the harvest. Permit me now. Sir, to call your attention 
 to the powers enumerated in the 8th section of the first arti- 
 cle, and particularly to that clause which authorizes the pro- 
 posed Congress, "to lay and collect taxes, duties, imposts 
 and excises, to pay the debts and provide for the common de- 
 fence and general welfare of the United States." With such 
 powers, Mr. President, what cannot the future governors ac- 
 complish? It will be said, perhaps, that the treasure, thus 
 accumulated, is raised and appropriated for the general wel- 
 fare and the common defence of the States; but may not this 
 pretext be easily perverted to other purposes, since those very 
 men who raise and appropriate the taxes, are the only judges 
 of what shall be deemed the general welfare and common de- 
 fence of the national government ? If then, Mr. President, 
 they have unlimited power to drain the wealth of the people 
 in every channel of taxation, whether by imposts on our 
 commercial intercourse with foreign nations, or by direct 
 levies on the people, I repeat it, that this system must be too 
 formidable for any single State, or even for a combination of 
 the States, should an attempt be made to break and destroy 
 the yoke of domination and tyranny which it will hereafter 
 set up. If, indeed, the spirit of men, once inflamed with the 
 knowledge of freedom, should occasionally blaze out in re- 
 monstrance, opposition and force, these symptoms would 
 naturally excite the jealousy of their rulers, and tempt them 
 to proceed in the career of usurpation, till the total destruc- 
 tion of every principle of liberty should furnish a fit security 
 for the exercise of arbitrary power. The money which has 
 been raised from the people, may then be eiFectually em- 
 ployed to keep them in a state of slavish subjection: the 
 militia, regulated and commanded by the officers of the gen- 
 eral government, will be warped from the patriotic nature of 
 
270 The Debate in the Convention. 
 
 their institution, and a standing army, that most prevailing 
 instrument of despotism, will be ever ready to enforce obedi- 
 ence to a government by which it is raised, supported and 
 enriched. If, under such circumstances, the several States 
 should presume to assert their undelegated rights, I ask again 
 what balance remains with them to counteract the encroach- 
 ments of so potent a superior? To assemble a military force 
 would be impracticable; for the general government, foreseeing 
 the attempt would anticipate the means, by the exercise of its 
 indefinite control over the purses of the people; and, in order 
 to act upon the consciences as well as the persons of men, we 
 find it is expressly stipulated, that every ofiicer of the State 
 government shall be sworn to support the constitution of the 
 United States. Hence likewise. Sir, I conclude that in every 
 point of rivalship, in every contention for power on the one 
 hand and for freedom on the other, the event must be favor- 
 able to the views and pretensions of a government gifted with 
 so decisive a pre-eminence. I^et us, however, regard this 
 subject in another light. What, Mr. President, will be the 
 feelings and ideas of the people, when by the operation of the 
 proposed system, they are exposed to such accumulated ex- 
 pense, for the maintenance of the general government? Is 
 it not easy to foresee, that however the States may be dis- 
 posed individually to preserve the parade of independence 
 and sovereignty, the people themselves will become indiffer- 
 ent, and at last, averse to the continuance of an expensive 
 form, from which they derive no advantage? For, Sir, the 
 attachment of citizens to their government and its laws is 
 founded upon the benefits which they derive from them, and 
 it will last no longer than the duration of the power to con- 
 fer those benefits. When, therefore, the people of the respec- 
 tive States shall find their governments grown torpid, and 
 divested of the means to promote their welfare and interests, 
 they will not. Sir, vainly idolize a shadow, nor disburse their 
 hard earned wealth without the prospect of a compensation. 
 The constitution of the States having become weak and use- 
 less to every beneficial purpose, will be suffered to dwindle 
 and decay, and thus if the governors of the Union are not 
 
The Debate in the Convention. 271 
 
 too impatient for the accomplishment of unrivalled and ab- 
 solute dominion, the destruction of State jurisdiction will be 
 produced by its own insignificance. Having now, Mr. Presi- 
 dent, shown that eventually this system will establish a con- 
 solidated government, though the intention is not expressly 
 avowed, I will take some notice of the honorable member's 
 principle, culled from the mode of election which is here pre- 
 scribed. Sir, we do not upon this occasion contend for forms, 
 which it is certain may exist long after the substance has for- 
 ever perished. It is well remembered that the Roman senate 
 continued to meet in all its ceremonies, long after they had 
 lost their power, and the liberty of Rome had been sacrificed 
 to the most horrid tyranny. Such, Sir, must be the case with 
 the State legislature, which will necessarily degenerate into 
 a mere name, or at most settle in a formal board of electors, 
 periodically assembled to exhibit the servile farce of filling 
 up the Federal representation. 
 
 Mr. M'Kean. The first objection offered, Mr. President, 
 to the adoption of the proposed system, arises from the omis- 
 sion of a bill of rights, and the gentlemen in the opposition 
 have gone (contrary, I think, to their former wishes, which 
 were to discuss the plan minutely, section after section,) from 
 the immediate objects of the first article into an investigation 
 of the whole system. However, as they have taken this wide 
 and extensive path, I shall, though reluctantly, pursue them. 
 It appears then, Sir, that there are but seven nations in the 
 world which have incorporated a bill or declaration of 
 rights into their system of government. The ancients 
 were unacquainted with any instrument of that kind and 
 till the recent establishment of the thirteen United States, 
 the moderns, except Great Britain and Poland (if the Pacta 
 Conventa of that kingdom may be considered), have not rec- 
 ognized its utility. Hence, Sir, if any argument is to be 
 drawn from the example of other countries, we find that far 
 the greatest number, and those most eminent for their power 
 and wisdom, have not deemed a declaration of rights in any 
 degree essential to the institution of government or the pres- 
 ervation of civil liberty. But, Sir, it has already been in- 
 
272 The Debate in the Convention. 
 
 controvertibly shown that on the present occasion a bill of 
 rights was totally unnecessary, and that it might be accom- 
 panied with some inconveniency and danger, if there was any 
 defect in the attempt to enumerate the privileges of the peo- 
 ple. This system proposes a union of thirteen sovereign and 
 independent states, in order to give dignity and energy to the 
 transaction of their common concerns; it would be idle there- 
 fore to countenance the idea that any other powers were dele- 
 gated to the general government than those specified in the 
 constitution itself, which, as I have before observed, amounts 
 in fact to a bill of rights — a declaration of the people in what 
 manner they choose to be governed. I am happy, Mr. Presi- 
 dent, to find that no objection has been taken to the forms and 
 structure of the proposed system, to the two branches of leg- 
 islation, the unity of the executive power, and the qualified 
 negative upon laws which is vested in the president. Objec- 
 tions upon the subject, indeed, might have easily been an- 
 swered, since it is evident without the distribution of powers 
 here made, the legislature would naturally have absorbed the 
 authority of every other department, but particularly of the 
 executive. It has, I am persuaded, been satisfactorily proved 
 by my honorable colleague, that the suggestion which repre- 
 sent this system as being expressly calculated to annihilate 
 the soverignty and independence of the States, is groundless 
 and delusive; for he made it evident the existence of the States 
 is a thing without which the federal functions cannot be or- 
 ganized and supplied, and therefore, the dissolution of the 
 individual and general government must be concurrent — if 
 the state legislatures fail, the Congress of the United States 
 must likewise be at an end, inasmuch as the annihilation of 
 that power which is alone competent to elect, must be fol- 
 lowed by the annihilation of the body which is the object of 
 its election. But it is argued that the power of changiuo- the 
 time and place of elections, transfers to Congress an authority 
 which ought exclusively to reside in the respective states, and 
 which will eventually enable that body to act independent of 
 the several governments. In this respect. Sir, it must be re- 
 membered that in the first instance the states are authorized 
 
The Debate in the Convention. 273 
 
 to regulate the time, place and proceedings of elections, and 
 while they act with propriety, there can be little reason to 
 suppose Congress will officiously interfere. But if, as it has 
 been suggested by the honorable member from the city, an 
 inconvenient situation should be appointed for holding the 
 election, or if the time and manner should be made inconsis- 
 tent with the principles of a pure and constitutional election, 
 can it be doubted that the federal government ought to be 
 enabled to make the necessary reform in a business so essen- 
 tial to its own preservation and prosperity ? If, for instance, 
 the states should direct the suffrage of their citizens to be 
 delivered viva voce, is it not necessary that the Congress 
 should be authorized to change that mode, so injurious to 
 the freedom of election, into the mode by ballot so happily 
 calculated to preserve the suffrages of the citizens from bias 
 and influence? This was one object, I am persuaded, which 
 weighed with the late convenaion in framing this clause; and 
 we farther collect their solicitude to prevent as much as pos- 
 sible, an undue influence of wealth and talents in the impor- 
 tant choice of representatives, from the regulation which 
 expressly declares that the day of election shall be the same 
 throughout the United States. By this means it is evident 
 that the influence which is naturally acquired by extraordi- 
 nary talents, activity and wealth, will be restricted in its 
 operation, and the great men of one district deprived of all 
 opportunity to interfere in the elections of another. Review- 
 ing then, Sir, the objections to the power given to the pro- 
 posed government for superintending the time, place and 
 manner of choosing its members, they seem to be the off- 
 spring of fancy, unsupported by real or probable argument, 
 while the power itself is proved to be a wise and rational sub- 
 ject of delegation. It is next said, Mr. President, and it is 
 reasoned upon as a fact, that the Congress will enjoy over the 
 thirteen States an uncontrolled power of legislation in all 
 cases whatsoever; and it is repeated, again and again, in one 
 common phrase, that the future governors may do what they 
 please with the purses of the people, for there is neither re- 
 striction nor reservation in the constitution which they will 
 18 
 
274 The Debate in the Convention. 
 
 be appointed to administer. Sir, there is not a power given 
 in the article before us that is not in its expression, clear, 
 plain, and accurate, and in its nature proper and absolutely 
 necessary to the great objects of the union. To support this 
 assertion, permit me to recapitulate the contents of the arti- 
 cle immediately before us. First, then, it is declared that 
 ' ' the Congress shall have power to lay and collect taxes, 
 duties, imposts and excises, to pay the debts and provide for 
 the common defence and general welfare of the United 
 States. ' ' Thus, Sir, as it is not the object of this govern- 
 ment merely to make laws for correcting wicked and unruly 
 men; but to protect the citizens of an extensive empire from 
 exterior force and injury, it was necessary that powers should 
 be given adequate to the discharge of so important a duty. 
 But the gentlemen exclaim that here lies the source of ex- 
 cessive taxation, and that the people will be plundered and 
 oppressed. What is there, however, that should render it a 
 more dangerous trust in the hands of the general than of a 
 particular government ? For, is it not as much in the power 
 of the State legislatures at this day to do all this mischief, as 
 it will be hereafter in the power of Congress? The truth is, 
 Sir, that the great restraint upon excessive taxation arises 
 from this consideration, that the same act by which a repre- 
 sentative imposes a tax upon his constituents, extends to 
 himself and all his connections, friends and acquaintance, 
 so that he never will attempt to lay a greater burthen upon 
 the people than he is convinced is necessary for the public 
 service and easy to be borne. Besides this natural security, 
 which applies equally to the individual and the general gov- 
 ernment of the States, the people will, from time to time, 
 have it in their power to remove those persons who have pro- 
 moted any measure that tends to injure and oppress them. 
 In short. Sir, it seems that the honorable members are so 
 afraid the Congress will do some mischief, that they are de- 
 termined to deny them the power to do any good. But we 
 must divest ourselves of this extravagant jealousy, and re- 
 member that it is necessary to repose some degree of confi- 
 dence in the administration of a government, from which we 
 
The Debate in the Convention. 275 
 
 expect the revival of commerce, the encouragement of arts, 
 and the general happiness of the people. To whose judg- 
 ment, indeed, could be so properly referred the determination 
 of what is necessary to accomplish those important objects, as 
 the judgment of a Congress elected, either directly or in- 
 directly, by all the citizens of the United States ? For if the 
 people discharge their duty to themselves, the persons that 
 compose that body will be the wisest and best men amongst 
 us ; — the wisest to discover the means of common defence and 
 general welfare, and the best to carry those means into exe- 
 cution, without guile, injustice or oppression. But it is not 
 remarkable, Mr. President, that the power of raising money 
 which is thought dangerous in the proposed system, is, in 
 fact, possessed by the present Congress, tho' a single house 
 without checks, and without responsibility. L,et us now 
 proceed. Sir, to the succeeding detail of the powers of 
 the proposed government. That Congress shall have the 
 power to borrow money on the credit of the United States, 
 is not objected to; nor are the powers to regulate trade, to 
 establish a general rule of naturalization, and to enact uni- 
 form laws on the subject of bankruptcies. The power to 
 coin money and regulate its value, must be esteemed highly 
 advantageous to the States, for hitherto its fluctuation has 
 been productive of great confusion and fraudulent finesse. 
 But when this power has established a certain medium 
 throughout the United States, we shall know the extent and 
 operation of our contracts, in what manner we are to pay or 
 to be paid; no illicit practice will expose property to a sudden 
 and capricious depreciation, and the traveller will not be em- 
 barrassed with the different estimates of the same coin in the 
 different districts through which he passes. The punishment 
 of forgery, and the establishment of post-ofiices and post 
 roads, are subjects confessedly proper to be comprehended 
 within the federal jurisdiction; and the power of securing to 
 authors and inventors the exclusive right to their writings 
 and discoveries, could only with effect be exercised by the 
 Congress. For, Sir, the laws of the respective States could 
 only operate within their respective boundaries, and there- 
 
276 The Debate in the Convention. 
 
 fore, a work which had cost the author his whole life to com- 
 plete, when published in one State, however it might there 
 be secured, could easily be carried into another State, in 
 which a republication would be accompanied with neither 
 penalty nor punishment — a circumstance manifestly injurious 
 to the author in particular, and to the cause of science in 
 general. The next powers enumerated are those for consti- 
 tuting tribunals inferior to the Supreme Court, for defining 
 and punishing piracies and offences against the law of nations, 
 and for declaring war, to which no objection has been made, 
 and, I am persuaded, none can be made with reason and 
 propriety. But, Sir, the power to raise and support armies 
 has occasioned infinite opposition, and has been clothed in all 
 the terrors which a jealous and heated imagination could con- 
 ceive. Is it not necessary, however, Mr. President, that some 
 power should exist capable of collecting and directing the 
 national strength against foreign force, Indian depredations, 
 or domestic insurrection ? If that power is necessary, where 
 could it otherwise reside, what other body is competent to 
 carry it effectually into operation ! For my part. Sir, I can 
 perceive that the power is absolutely necessary to support the 
 sovereignty and preserve the peace of the union, and, there- 
 fore, I will not idly argue against its use, from the possible 
 abuse — an argument which, as it applies to every other power 
 as well as that under our immediate consideration, would 
 supersede all the attributes of government, and defeat every 
 purpose of society. Having thus,* Mr. President, recapitu- 
 lated the powers delegated by the proposed constitution, it ap- 
 pears to me that they are necessary to the objects of the union, 
 and therefore entitled to our confirmation. Nor am I, Sir, 
 impressed with the opinion which has given so much pain 
 to the worthy gentlemen in the opposition, that the powers 
 are so vaguely expressed, so indefinite and extensive in their 
 nature, that they may hereafter be stretched to every act of 
 legislation, and construed to imply something beyond what 
 is here specified. To evince that the powers enumerated in 
 this article are all the powers given to the proposed Congress, 
 
 ♦Prom the Pennsylvania Herald, December 26, 1787. 
 
The Debate in the Convention. 277 
 
 we need only refer to the clause in the section which I have 
 just discussed, that grants to that body a right of exclusive 
 jurisdiction in any district of ten miles, which shall hereafter 
 with the consent of the inhabitants become the seat of federal 
 government. Does not this clearly prove. Sir, that their 
 right of exclusive jurisdiction is restricted to that district, 
 and with respect to the United States at large, their jurisdic- 
 tion must be measured by the powers actually contained in 
 the instrument before us? For no proposition can surely be 
 more clear than this, that in every grant whatever is not 
 mentioned must, from the nature of the thing, be considered 
 as excluded: But, Sir, we are repeatedly told that however 
 specious the enumeration may be, yet by the sixth article, a 
 general authority is given to the acts of the proposed govern- 
 ment, which renders its powers supreme and unlimited. Let 
 us attend to this assertion and compare it with the article re- 
 ferred to. There it is said, Mr. President, that ' ' this consti- 
 tution and the laws of the United States which shall be made 
 in pursuance thereof, and all 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, anything in the constitution or laws of 
 any state to the contrary notwithstanding." Now, Sir, what 
 does this prove? The meaning which appears to be plain 
 and well expressed, is simply this, that Congress have the 
 power of making laws upon any subject over which the pro- 
 posed plan gives them a jurisdiction, and that those laws thus 
 made in pursuance of the constitution, shall be binding upon 
 the States. With respect to treaties, I believe there is no 
 nation in the world in which they are not considered as the 
 supreme law of the land, and consequently, obligatory upon 
 all judges and magistrates. They are a common concern, and 
 obedience to them ought to be a common duty. As, indeed, 
 the interest of all the States must be uniformly in the con- 
 templation of Congress, why should not that body be author- 
 ized to legislate for all? I earnestly hope. Sir, that the stat- 
 utes of the federal government will last till they become the 
 common law of the land, as excellent and as much valued as 
 
278 The Debate in the Convention. 
 
 that which we have hitherto fondly denominated the birth- 
 right of an American. Such, Mr. President, are the objects 
 to which the powers of the proposed government extend. 
 Nor is it entirely left to this evident principle, that nothing 
 more is given than is expressed, to circumscribe the federal 
 authority. For, in the ninth section of the first article, we 
 find the powers so qualified that not a doubt can remain. In 
 the first clause of that section, there is a .provision made for 
 an event which must gratify the feelings of every friend to 
 humanity. The abolition of slavery is put within the reach 
 of the federal government. And when we consider the situ- 
 ation and circumstances of the southern states, every man of 
 candor will find more reason to rejoice that the power should 
 be given at all, than to regret that its exercise should be post- 
 poned for twenty years. Though Congress will have power 
 to declare war, it is here stipulated that "the privilege of the 
 writ of habeas corpus shall not be suspended, unless when in 
 cases of rebellion or invasion, the public safety may require 
 it;" and men will not be exposed to have their actions con- 
 strued into crimes by subsequent and retrospective laws, for 
 it is expressly declared that "no bill of attainder or ex post 
 facto law shall be passed." Though Congress will have 
 the power to lay duties and taxes, yet, "no capitation or 
 other direct tax shall be laid, unless in proportion to the 
 censtts or actual enumeration of the states, nor can any tax 
 or duty be laid on articles of exportation. ' ' This wise reg- 
 ulation, Sir, has been successfully practiced by England and 
 Ireland, while the commerce of Spain by a different conduct 
 has been weakened and destroyed. The next restriction 
 on the powers of Congress respects the appropriation of the 
 public funds. "For no money shall be drawn from the 
 treasury, but in consequence of appropriations made by 
 law; and a regular statement and account of the receipts 
 and expenditures of all public money shall be published from 
 time to time. ' ' What greater security could be required or 
 given upon this important subject? First, the money must 
 be appropriated by law, then drawn for according to that 
 appropriation, and lastly, from time to time, an account of 
 
The Debate i?t the Convention. 279 
 
 the receipts and expenditures must be submitted to the peo- 
 ple, who will thus be enabled to judge of the conduct of their 
 rulers, and, if they see cause to object to the use or the excess 
 of the sums raised, they may express their wishes or disappro- 
 bation to the legislature in petitions or remonstrances, which, 
 if just and reasonable, cannot fail to be effectual. Thus, Sir, 
 if any power is given, you cannot in my opinion give less — 
 for less would be inadequate to the great objects of the 
 government, and would neither enable Congress to pay the 
 debts, or provide for the common defence of the Union. The 
 last restriction mentioned prohibits Congress ' ' from granting 
 titles of nobility, and the officers of the proposed government 
 from accepting, without the consent of Congress, any present, 
 emolument, office or title of any kind whatever, from any 
 king, prince, or foreign State. ' ' The section which follows 
 these qualifications of the powers of Congress, prescribes some 
 necessary limits to the powers of the several States; among 
 which, I find with particular satisfaction* it is declared that 
 ' ' no State shall emit bills of credit, or make anything but 
 gold and silver coin a tender in payment of debts." By this 
 means. Sir, some security will be offered for the discharge of 
 honest contracts, and an end put to the pernicious specula- 
 tion upon paper emissions — a medium which has undermined 
 the morals, and relaxed the industry of the people, and from 
 which one-half of the controversies in our courts of justice 
 has arisen. Upon the whole, Mr. President, I must repeat, 
 that I perceive nothing in this system which can alarm or 
 intimidate the sincerest friend to the liberties of his country. 
 The powers given to the government are necessary to its 
 existence, and to the political happiness of the people — while 
 the objections which are offered, arise from an evident per- 
 version of its principles, and the presumption of a meaning 
 which neither the framers of the system, nor the sys- 
 tem itself, ever meant. True it is, Sir, that a form more 
 pleasing, and more beneficial to the State of Pennsylvania, 
 might be devised; but let it be remembered that this truth 
 likewise applies to each of our sister States, whose separate 
 interests have been proportionally sacrificed to the general 
 
28o The Debate in the Convention. 
 
 welfare. And after all Mr. President, though a good 
 system is certainly a blessing, yet the wealth, the prosperity, 
 and the freedom of the people, must ultimately depend upon 
 the administration of the best government. The wisdom, 
 probity and patriotism of the rulers, will ever be the criterion 
 of public prosperity; and hence it is, that despotism, if well 
 administered, is the best form of government invented by 
 human ingenuity. We have seen nations prosperous and 
 happy under monarchies, aristocracies, and governments 
 compounded of these, and to what can we ascribe their felic- 
 ity, but the wise and prudent conduct of those who exercise 
 the powers of government? For experience will demonstrate 
 that the most perfect system may be so perverted as to pro- 
 duce poverty and misery, and the most despotic so executed 
 as to disseminate affluence and happiness among the people. 
 But, Sir, perfection is not to be expected in the business of 
 this life, and it is so ordered by the wisdom of Providence, 
 that as our stay in this world seldom exceeds three score and 
 ten years, we may not become too reluctant to part with its 
 enjoyments, but by reflecting upon the imperfections of the 
 present, learn in time to prepare for the perfections of a 
 future state. I^et us then, Mr. President, be content to ac- 
 cept this system as the best which can be obtained. Every 
 man may think, and many a man has said, that he could 
 make it better; but. Sir, as I observed on a former occasion 
 with respect to religion, this is nothing more than opinion, 
 and every person being attached to his own, it will be difficult 
 indeed to make any number of men correspond in the same 
 objects of amendment. The excellent letter which accom- 
 panies the proposed system, will furnish a useful lesson upon 
 this occasion. It deserves to be read with attention, and 
 considered with candor. Allow me therefore. Sir, to close 
 the trouble which I have given you in discussing the merits 
 of the plan, with a perusal of this letter — in the second para- 
 graph of which the reason is assigned for deviating from a 
 single body for the federal government. 
 
The Debate in the Convention. 281 
 
 IN CONVENTION. 
 
 Sir: We have now tie lionor to submit to the consideration of the United 
 States in Congress assembled, that Constitution which has appeared to us 
 the most adviseable. 
 
 The friends of our country have long seen and desired that the power of 
 making war, peace and treaties, that of levying money and regulating com- 
 merce, and the correspondent executive and judicial authorities, should be 
 fully and effectually vested in the general government of the Union; but the 
 impropriety of delegating such extensive trust to one body of men is evi- 
 dent. Hence results the necessity of a different organization. 
 
 It is obviously impracticable in the federal government of these States, 
 to secure all rights of independent sovereignty to each and yet provide for 
 the interest and safety of all. Individuals entering into society must give 
 up a share of liberty to preserve the rest. The magnitude of the sacrifice 
 must depend as as well on situation and circumstances, as on the object to 
 be obtained. It is at all times diflScult to draw with precision the line be- 
 tween those rights which must be surrendered and those which may be re- 
 served; and on the present occasion this diflSculty was increased by a differ- 
 ence among the several States as to their situation, extent, habits and 
 particular interests. In all our deliberations on this subject we kept steadily 
 in our view that which appears to us the greatest interest of every true 
 American, the consolidation of our Union, in which is involved our prosper- 
 ity, felicity, safety, perhaps our national existence. This important consid- 
 eration, seriously and deeply impressed on our minds, led each State in the 
 convention to be less rigid on points of inferior magnitude than might have 
 been otherwise expected, and thus the Constitution which we now present is 
 the result of a spirit of amity, and of that mutual deference and concession 
 which the peculiarity of our political situation rendered indispensable. 
 
 That it will meet the full and entire approbation of every State is not, per- 
 haps, to be expected; but each will doubtless consider that, had her interests 
 been alone consulted, the consequences might have been particularly disa- 
 greeable or injurious to others; that it is liable to as few exceptions as could 
 reasonably have been expected, we hope and believe; that it may promote 
 the lasting welfare of that country so dear to us all, and secure her freedom 
 and happiness, is our most ardent wish. With great respect, we have the 
 honor to be. Sir, Your Excellency's most obedient humble servants. 
 
 GEORGE WASHINGTON, President. 
 By the unanimous Order of Convention. 
 
 I confess, Sir, that reading this letter and examining the 
 work to which it refers, though there are some points that I 
 might wish had been otherwise, yet upon the whole, I am 
 struck with wonder and admiration that this Constitution 
 should have been rendered so unexceptionable as it is, and 
 that so many men, the representatives of States differing es- 
 sentially in their views and interests, should have concurred 
 in presenting it to their cotmtry. 
 
282 The Debate in the Convention. 
 
 The convention adjourned till Friday at half past nine 
 o'clock, having first agreed to meet in the convention room 
 to-morrow morning, in order to attend to the exercises per- 
 formed at the German Lutheran church. 
 
 On Wednesday [28th] * Mr. M'Kean closed a long speech 
 on the legislative article of the new constitution with this 
 striking observation: "Though a good system of government 
 is certainly a blessing, yet it is on the administration of the 
 best system that the freedom, wealth and happiness of the 
 people depend. Despotism, if wisely administered, is the 
 best form of government invented by the ingenuity of man, 
 and we find that the people under absolute and limited mon- 
 archies, under aristocracies and mixed governments, are as 
 contented and as prosperous as we are, owing, undoubtedly, 
 to the wisdom and virtue of their rulers. In short, the best 
 government may be so conducted as to produce misery and 
 disgrace, and the worst so administered as to ensure dignity 
 and happiness to a nation." 
 
 On the same day Mr. Smilie, in an elegant, ingenious and 
 argumentative speech, traced some of the leading defects in the 
 constitution, and endeavored to show that, if not in express 
 terms, yet by inevitable consequence, it would terminate in 
 a consolidation and not a confederation of the States. To 
 this objection (which Mr. Wilson agreed if taken upon true 
 grounds was a very serious and important one), the argument 
 respecting the necessary relation between the State legisla- 
 tures and the federal branches of government was repeated, 
 the latter of which could not exist, it was said, if the former 
 were annihilated. "But (added Mr. Smilie) let us review 
 the history of Rome and we shall find, after the most abso- 
 lute and horrid tyranny was established on the imperial 
 throne, the ancient forms of the commonwealth were pre- 
 served; its senate still met and were flattered with a show of 
 authority, but we know the power and dignity of that once 
 illustrious body were dwindled to a name. So here, Mr. 
 President, the shadow of State government may long be re- 
 tained when the substance is totally lost and forgotten." 
 * From the Pennsylvania Packet, December 3d, 1787. 
 
The Debate in the Convention. 283 
 
 "Iviberty and happiness (says Mr. Wilson) have a powerful 
 enemy on each hand; on the one hand tyranny, on the other 
 licentiousness. To guard against the latter, it is necessary to 
 give the proper powers to government; and to guard against 
 the former, it is necessary that those powers should be prop- 
 erly distributed." 
 
 "I agree (replies Mr. Smilie) that it is, or ought to be, the 
 object of all governments to fix upon the intermediate point 
 between tyranny and licentiousness; and I confess that the 
 plan before us is perfectly armed to repel the latter; but I be- 
 lieve it has deviated too much on the left hand, and rather 
 invites than guards against the approaches of tyranny." 
 
 Thursday^ November 2g. 
 
 The members of the convention being assembled proceeded 
 agreeably to their resolution of yesterday to the church in 
 Race street, where they were entertained with the exercises 
 of the young gentlemen belonging to the German I^utheran 
 Academy. 
 
 Friday^ November ^o. 
 
 The Convention* met pursuant to adjournment. 
 
 Mr. Whitehill. I confess, Mr. President, that after the full 
 exercise of his eloquence and ingenuity, the honorable dele- 
 gate to the late conventionf has not removed those objections 
 which I formerly submitted to your consideration, in hopes 
 of striking, indeed, from his superior talents and information, 
 a ray of wisdom to illuminate the darkness of our doubts, and 
 to guide us in the pursuit of political truth and happiness. 
 If the learned gentleman, however, with all his opportunities 
 of investigating this particular system, and with all his gen- 
 eral knowledge in the science of government, has not been 
 able to convert or convince us, far be it from me to impute 
 this failure to the defects of his elocution, or the languor of 
 his disposition. It is no impeachment of thoSe abilities which 
 have been eminently distinguished in the abstruse disquisi- 
 tions of law, that they should fail in the insidious task of 
 supporting, on popular principles, a government which origi- 
 
 *Prom the Pennsylvania Herald, December 29, 1787. 
 fMr. Wilson. 
 
284 The Debate in the Convention. 
 
 nates in mystery, and must terminate in despotism. Neither 
 can the want of success, Sir, be ascribed to the want of zeal ; 
 for we have heard with our ears, and our eyes have seen, the 
 indefatigable industry of the worthy member in advocating 
 the cause which he has undertaken. But, Mr. President, the 
 defect is in the system itself; there lies the evil which no ar- 
 gument can palliate, no sophistry can disguise. Permit me, 
 therefore. Sir, again to call your attention to the principles 
 which it contains, and for a moment to examine the ground 
 upon which those principles are defended. I have said, and 
 with increasing confidence I repeat, that the proposed consti- 
 tution must eventually annihilate the independent sover- 
 eignty of the several states. In answer to this, the forms of 
 election for supplying the offices of the federal head have 
 been recapitulated; it has been thence inferred that the con- 
 nection between the individual and the general governments 
 is of so indissoluble a nature, that they must necessarily 
 stand or fall together, and, therefore, it has been finally de- 
 clared to be impossible, that the framers of this constitution 
 could have a premeditated design to sow, in the body of 
 their work, the seeds of its own destruction. But, Sir, I 
 think it may be clearly proved that this system contains 
 the seeds of self-preservation independent of all the forms 
 referred to — seeds which will vegetate and strengthen in 
 proportion to the decay of state authority, and which will 
 ultimately spring up and overshadow the thirteen common- 
 wealths of America with a deadly shade. The honorable 
 member from the city has, indeed, observed that every gov- 
 ernment should possess the means of its own preservation; 
 and this constitution is possibly the result of that proposition. 
 For, Sir, the first article comprises the grants of powers so 
 superlative in their nature, and so unlimited in their extent, 
 that without the aid of any other branch of the system, a 
 foundation rests upon this article alone, for the extension of 
 the federal jurisdiction to the most extravagant degree of ar- 
 bitrary sway. It will avail little to detect and deplore the en- 
 croachments of a government clothed in the plenitude of 
 these powers; it will afford no consolation to reflect that we 
 
The Debate in the Convention. 285 
 
 are not enslaved by the positive dereliction of our rights; 
 but it will be well to remember at this day, Sir, that, in 
 effect, we rob the people of their liberties, when we establish a 
 power, whose usurpations they will not be able to counteract 
 or restrict. It is not alone, however, the operative force of 
 the powers expressly given to Congress that will accomplish 
 their independence of the States, but we find an efficient 
 auxiliary in the clause that authorizes that body "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 this government of the United States 
 or in any department or office thereof ' ' Hence, Sir, if it 
 should happen, as the honorable members from the city have 
 presumed, that by the neglect or delinquency of the States, 
 no place and manner, or an improper place and manner for 
 conducting the elections should be appointed, will it not be 
 said that the general government ought not for this reason to 
 be destroyed? and will it not therefore be necessary for carry- 
 ing the powers of this constitution into execution, that the 
 Congress should provide for its elections in such manner as 
 will prevent the federal business from being frustrated by the 
 listless or refractory disposition of the States individually? 
 This event is in a great measure provided for, indeed, by the 
 plan itself; for ' ' the Congress may (constitutionally) at any 
 time by law make or alter such regulations (that is the times, 
 places and manner of holding elections prescribed in each State 
 by the legislature thereof) except as to the places of choosing 
 senators. ' ' If the power here given was necessary to the preser- 
 vation of the proposed government, as the honorable members 
 have contended, does it not, at the same time, furnish the 
 means to act independent of the connection which has been 
 so often represented as the great security for the continuance 
 of the State sovereignties? Under the sanction of this clause, 
 the senators may hold their seats as long as they live, and 
 there is no authority to dispossess them. The duration of the 
 house of representatives may likewise be protracted to any 
 period, since the time and place of election will always be 
 adapted to the objects of the Congress or its leading dema- 
 
286 The Debate in the Convention. 
 
 gogues; and as that body will ultimately declare what shall 
 constitute the qualifications of its members, all the boasted 
 advantages of representation must terminate in idle form and 
 expensive parade. If the voice of complaint should not then 
 be silenced by the dread of punishment, easy it is, neverthe- 
 less, to anticipate the fate of petitions or remonstrances pre- 
 sented by the trembling hand of the oppressed to the irritated 
 and ambitious oppressor. Solicitation will be answered by 
 those statutes which are to be the supreme law of the land, 
 and reproach will be overcome by the frown of insolent au- 
 thority. This, Mr. President, is but a slight view of the 
 calamities that will be produced by the exercise of those 
 powers which the honorable members from the city have en- 
 deavored to persuade us it is necessary to grant to the new 
 government in order to secure its own preservation and to 
 accomplish the objects of the Union. But in considering, Sir, 
 what was necessary to the safety and energy of the govern- 
 ment, some attention ought surely to have been paid to the 
 safety and freedom of the people. No satisfactory reason has 
 yet been offered for the omission of a bill of rights; but on the 
 contrary, the honorable members are defeated in the only 
 pretext which they have been able to assign, that everything 
 which is not given is excepted, for we have shown that there 
 are two articles expressly reserved, the writ of habeas corpus 
 and the trial by jury in criminal cases, and we have called 
 upon them in vain to reconcile this reservation with the 
 tenor of their favorite proposition. For if there was danger 
 in the attempt to enumerate the liberties of the people, lest it 
 should prove imperfect and destructive, how happens it that 
 in the instances I have mentioned, that danger has been in- 
 curred? Have th^ people no other rights worth their atten- 
 tion, or is it to be inferred, agreeably to the maxim of our op- 
 ponents, that every other right is abandoned ? Surely, Sir, 
 our language was competent to declare the sentiments of the 
 people and to establish a bar against the intrusion of the gen- 
 eral government in other respects as well as these; and when 
 we find some privileges stipulated, the argument of danger is 
 effectually destroyed; and the argument of difficulty which 
 
The Debate in the Convention. 287 
 
 has been drawn from the attempt to enumerate every right, 
 cannot now be urged against the enumeration of more rights 
 than this instrument contains. In short, Mr. President, it is 
 our duty to take care that the foundation of this system is so 
 laid that the superstructure, which is to be reared by other 
 hands, may not cast a gloom upon the temple of freedom, the 
 recent purchase of our toil and treasure. When, therefore, I 
 consider it as the means of annihilating the constitutions of 
 the several States, and consequently the liberties of the peo- 
 ple, I should be wanting to my constituents, to myself and to 
 posterity, did I not exert every talent with which heaven has 
 endowed me to counteract the measures that have been taken 
 for its adoption. That it was the design of the late federal 
 convention to absorb and abolish the individual sovereignty 
 of the States, I seek no other evidence but this system ; for as 
 the honorable delegate to that body has recommended, I am 
 also satisfied to judge of the tree by its fruit. When,, there- 
 fore, I behold it thus systematically constructed for the 
 accomplishment of that object, when I recollect the talents 
 of those who framed it, I cannot hesitate to impute to them 
 an intention corresponding with the principles and operation 
 of their own work. Finally, Sir, that the dissolution of our 
 State constitutions will produce the ruin of civil liberty is a 
 proposition easy to be maintained, and which I am persuaded 
 in the course of these debates will be incontrovertibly estab- 
 lished in the mind of every member whose judgment is open 
 to conviction, and whose vote has not been conclusively 
 pledged for the ratification of this constitution before its 
 merits were discussed. 
 
 Mr. Wilson. It is objected* that the number of members 
 in the House of Representatives is too small. This is a sub- 
 ject something embarrassing, and the convention who framed 
 the article felt the embarrassment. Take either side of the 
 question, and you are necessarily led into difficulties. A 
 large representation, Sir, draws along with it a great expense. 
 We all know that expense is offered as an objection to this 
 
 *From Lloyd's Debates. 
 
288 The Debate in the Convention. 
 
 system of government, and certainly had the representation 
 been greater, the clamor would have been on that side, and 
 perhaps with some degree of justice. But the expense is not 
 the sole objection ; it is the opinion of some writers, that a 
 deliberative body ought not to consist of more than one hun- 
 dred members. I think, however, that there might be safety 
 and propriety in going beyond that number; but certainly 
 there is some number so large, that it would be improper to 
 increase them beyond it. The British House of Commons 
 consists of upwards of five hundred. The senate of Rome 
 consisted, it is said, at some times of one thousand members. 
 This last number is certainly too great. 
 
 The convention endeavored to steer a middle course, and 
 when we consider the scale on which they formed their calcu- 
 lation, there are strong reasons why the representation should 
 not have been larger. On the ratio that they have fixed, of 
 one for every thirty thousand, and according to the generally 
 received opinion of the increase of population throughout the 
 United States, the present number of their inhabitants will be 
 doubled in twenty-five years, and according to that progres- 
 sive proportion, and the ratio of one member for thirty thou- 
 sand inhabitants, the House of Representatives will, within a 
 single century, consist of more than six hundred members. 
 Permit me to add a further observation on the numbers — that 
 a large number is not so necessary in this case as in the cases 
 of state legislatures. In them there ought to be a represen- 
 tation sufficient to declare the situation of every county, town 
 and district, and if of every individual, so much the better, 
 because their legislative powers extend to the particular in- 
 terest and convenience of each; but in the general govern- 
 ment its objects are enumerated, and are not confined in their 
 causes or operations to a county, or even to a single state. 
 No one power is of such a nature as to require the minute 
 knowledge of situations and circumstances necessary in state 
 governments possessed of general legislative authority. These 
 were the reasons. Sir, that I believe had influence on the con- 
 vention to agree to the number of thirty thousand; and when 
 the inconveniences and conveniences on both sides are com- 
 
The Debate in the Convention. 289 
 
 pared, it would be difficult to say what would be a number 
 more unexceptionable. 
 
 Friday^ November ^oth. 
 Mr. Hartley.* It has been uniformly admitted, Sir, by 
 every man who has written or spoken upon the subject, that 
 the existing confederation of the States is inadequate to the 
 duties of a general government. The lives, the liberties and 
 the property of the citizens are no longer protected and 
 secured, so that necessity compels us to seek beneath another 
 system, some safety for our most invaluable rights and pos- 
 sessions. It is then the opinion of many wise and good men, 
 that the constitution presented by the late federal convention, 
 will in a great measure afford the relief which is required by 
 the wants and weakness of our present situation, but, on the 
 other hand, it has been represented as an instrument to un- 
 dermine the sovereignty of the States and destroy the liber- 
 ties of the people. It is the peculiar duty of this convention 
 to investigate the truth of those opinions, and to adopt or re- 
 ject the proposed constitution, according to the result of that 
 investigation. For my part I freely acknowledge, Mr. Presi- 
 dent, that impressed with a strong sense of the public calami- 
 ties, I regard the system before us as the only prospect which 
 promises to relieve the distresses of the people and to advance 
 the national honor and interests of America. I shall therefore 
 offer siich arguments in opposition to the objections raised by 
 the honorable delegates from Cumberland and Fayette, as 
 have served to establish my judgment, and will, I hope, com- 
 municate some information to the judgment of the worthy 
 members who shall favor me with a candid attention. The 
 first objection is, that the proposed system is not coupled with 
 a bill of rights, and therefore, it is said, there is no security 
 for the liberties of the people. This objection. Sir, has been 
 ably refuted by the honorable members from the city, and 
 will admit of little more animadversion than has already been 
 bestowed upon it, in the course of their arguments. It is 
 agreed,' however, that the situation of a British subject, and 
 that of an American citizen in the year 1776, were essenti- 
 ally different; but it does not appear to be accurately under- 
 
 * From the Pennsylvania Herald, January 2, 1788. 
 19 
 
ago The Debate in the Convention. 
 
 stood in what manner the people of England became enslaved 
 before the reign of King John. Previously to the Norman 
 conquest, that nation certainly enjoyed the greatest portion 
 of civil liberty then known in the world. But when William, 
 accompanied by a train of courtiers and dependents, seized 
 upon the crown, the liberties of the vanquished were totally 
 disregarded and forgotten, while titles, honors and estates, 
 were distributed with a liberal hand among his needy and 
 avaricious followers. The lives and fortunes of the ancient 
 inhabitants became thus subject to the will of the usurper, 
 and no stipulations were made to protect and secure them 
 from the most wanton violations. Hence, Sir, arose the 
 successful struggles in the reign of John, and to this source 
 may be traced the subsequent exertions of the people for the 
 recovery of their liberties, when Charles endeavored totally 
 to destroy, and the Prince of Orange at the celebrated era 
 of British revolution, was invited to support them, upon the 
 principles declared in the bill of rights. Some authors, in- 
 deed, have argued that the liberties of the people were de- 
 rived from the prince, but how they came into his hands is a 
 mystery which has not been disclosed. Even on that princi- 
 ple, however, it has occasionally been found necessary to 
 make laws for the security of the subject — a necessity that 
 has produced the writ of habeas corpus, which affords an 
 easy and immediate redress for the unjust imprisonment of the 
 person, and the trial by jury, which is the fundamental secu- 
 rity for every enjoyment that is valuable in the contempla- 
 tion of a freeman. These advantages have not been obtained 
 by the influence of a bill of rights, which after all we find is 
 an instrument that derives its validity only from the sanction 
 and ratification of the prince. How different then is our 
 situation from the circumstances of the British nation? 
 
 As soon as the independence of America was declared, in 
 the year 1776, from that instant all our natural rights were 
 restored to us, and we were at liberty to adopt any form of 
 government to which our views or our interest might incline 
 us. This truth, expressly recognized by the act declaring 
 our independence, naturally produced another maxim, that 
 whatever portion of those natural rights we did not transfer 
 
The Debate in the Convention. 39 r 
 
 to the government, was still reserved and retained by the 
 people; for, if no power was delegated to the government, no 
 right was resigned by the people; and if a part only of our 
 natural rights was delegated, is it not absurd to assert that we 
 have relinquished the whole? Where then is the necessity 
 of a formal declaration, that those rights are still retained, of 
 the resignation of which no evidence can possibly be pro- 
 duced ? Some articles, indeed from their pre-eminence in the 
 scale of political security, deserve to be particularly specified, 
 and these have not been omitted in the system before us. 
 
 The definition of treason, the writ of habeas corpus, and 
 the trial by jury in criminal cases, are here expressly provided 
 for; and in going thus far, solid foundation has been laid. 
 
 The ingenuity of the gentlemen who are inimical to the 
 proposed constitution may serve to detect an error, but can 
 it furnish a remedy? They have told us that a bill of rights 
 ought to have been annexed; but, while some are for this 
 point, and others for that, is it not evidently impracticable to 
 frame an instrument which will be satisfactory to the wishes 
 of every man who thinks himself competent to propose and 
 obviate objections? Sir, it is enough for me that the great 
 cardinal points of a free government are here secured without 
 the useless enumeration of privileges, under the popular ap- 
 pellation of a bill of rights. The second objection which I 
 have been able to collect from the arguments of the honorable 
 members in opposition is this, that annual elections are not 
 recognized and established by this constitution. I confess, 
 Mr. President, the business of elections is a very important 
 object in the institution of a free government; but I am of 
 opinion, that their frequency must always depend upon the 
 circumstances of the country. In a small territory, an annual 
 election is proper and convenient; but in a jurisdiction ex- 
 tending 1,500 miles, through various climates, even if prac- 
 ticable, it would be an idle and burthensome arrangement. 
 If, for instance, a delegate to the Congiess were obliged tc 
 travel 700 or 800 miles to Georgia and Carolina, he coulc" 
 scarcely have entered upon the duties of his appointment, be- 
 fore the year would be past, and his authority annulled. Let 
 us look at the nations in Europe, and, by way of illustration, 
 
292 ' The Debate in the Convention. 
 
 let us suppose particularly that it was necessary in Denmark 
 to meet in Copenhagen, the seat of government, from districts 
 at the distance of seven hundred miles, would it not be proper 
 to extend the period of service in proportion to the time re- 
 quired for collecting the scattered members of the body politic? 
 In England, indeed, a compact and cultivated country, through 
 which the communication is never interrupted, an annual elec- 
 tion might be productive of great advantages, and could be at- 
 tended with few inconveniences; but, as I have already repre- 
 sented, the case must here be essentially diiferent. If, then, this 
 objection is answered, so likewise must be the objection which 
 has been next offered, that the appropriation of public moneys 
 for the maintenance of a military force, may be for a period of 
 ten years, whereas in England it is only for one; since the same 
 reasons which made it necessary to deviate from annual elec- 
 tions, must render it necessary to extend those appropriations. 
 The power granted to levy taxes is another subject for op- 
 position; and at first view, indeed, it may naturally excite 
 some astonishment. But, Mr. President, it is necessary that 
 those who are authorized to contract debts upon the public 
 faith should likewise be invested with the means for discharg- 
 ing those debts. We have fatally experienced that recom- 
 mendations are incompetent to that object, for what part of 
 our foreign obligations have they hitherto been able to dis- 
 charge? L,et us, however, suppose that by the operation of 
 federal recommendation, it is possible to accomplish the pay- 
 ment of our existing debts; where is the faith so credulous 
 that will advance us another shilling upon the same security? 
 But on the other hand, establish a power which can discharge 
 its engagement, and you insure the confidence and friendship 
 of the world. The power of taxation is then a great and im- 
 portant trust; but we lodge it with our own representatives, 
 and as long as we continue virtuous we shall be safe, for they 
 will not dare to abuse it. We now come. Sir, to the objec- 
 tion which seems to spread the greatest alarm, and in support 
 of which much labor and ingenuity have been displayed. 
 That the rights now possessed by the States will in some de- 
 gree be abridged by the adoption of the proposed system, has 
 never been denied ; but it is only in that degree which is neces- 
 
The Debate in the Convention. 293 
 
 sary and proper to promote the great purposes of the Union. 
 A portion of our natural rights are given up in order to con- 
 stitute society; and as it is here, a portion of the rights be- 
 longing to the States individually is resigned in order to con- 
 stitute an efficient confederation. But, Mr. President, I do 
 not know any instance in ancient history exactly similar to 
 the situation of this country. The allusion which was made 
 by the honorable member from Fayette to the Roman annals, 
 is incapable of a just application to the subject in discussion; 
 for the senate at the period to which he has referred was not 
 created by election, but appointed by the mandate of the 
 prince. The power of life and death was exclusively pos- 
 sessed by the Emperor, and the senate had no authority but 
 what he pleased to bestow. In modern history there is in- 
 deed one event which seems to be in point. When the Union 
 was about to be formed between Scotland and England in the 
 reign of Queen Anne, wise men of all descriptions opposed 
 the transaction, and particularly it was the subject of clamor 
 among the clergy of every denomination. Ivord Peterborough 
 compared it to Nebuchadnezzar's image of iron and clay; and 
 then, as it is now, the annihilation of the inferior power was 
 warmly predicted by the wise men of the north. But, Sir, 
 those fears and prognostications have been dissipated and dis- 
 appointed by the event, and every liberal Scotchman will 
 acknowledge he has gained by the bargain. Let it now be 
 remarked that though Scotland sends only fifty-five members 
 to the British Parliament, yet its judiciary and religious es- 
 tablishments being secured to them by the union, it has 
 never been alleged that the superintending power has in any 
 degree intruded upon those rights, or infringed the general 
 tenor of the compact. Here then is an instance of a kingdom 
 preserved even where the law is made and proceeds from a 
 diflFerent and distant country. With respect to the German 
 confederation, if anything can thence be drawn, it is an in- 
 ference contrary to the doctrine contended on the part of the 
 opposition. There, Sir, a number of deputies meet in gen- 
 eral diet and make certain laws which are to prevade the 
 Germanic body. But has this general head subverted the in- 
 dependence and liberties of its constituent members? No: 
 
294 Th^ Debate in the Convention. 
 
 for, on the reverse, we find the House of Austria, a single 
 branch, has become superior to the whole, except the King 
 of Prussia, who is likewise formidable, but it is in his power 
 and influence over the general system. Upon the whole, Mr. 
 President, I sincerely think that the opinions of the worthy 
 gentlemen are mistaken, and that their fears are vain and 
 extravagant; for it is necessary that something should be 
 done, and this plan, waiving any compliment to its excellence, 
 is at least an eligible one. 
 
 Doctor Rush. * I believe, Mr. President, that of all the 
 treaties which have ever been made, William Penn's was the 
 only one, which was contracted without parchment; and I 
 believe, likewise, it is the only one that has ever been faith- 
 fully adhered to. As it has happened with treaties, so, Sir, 
 has it happened with bills of rights, for never yet has one 
 been made which has not, at some period or other, been 
 broken. The celebrated magna charta of England was 
 broken over and over again, and these infractions gave birth 
 to the petition of rights. If, indeed, the government of that 
 country has not been violated for the last hundred years, as 
 some writers have said, it is not owing to charters or declara- 
 tions of rights, but to the balance which has been introduced 
 and established in the legislative body. The constitution of 
 Pennsylvania, Mr. President, is guarded by an oath, which 
 every man employed in the administration of the public busi- 
 ness is compelled to take; and yet. Sir, examine the pro- 
 ceedings of the council of censors, and you will find innumer- 
 able instances of the violation of that constitution, committed 
 equally by its friends and enemies. In truth, then, there is 
 no security but in a pure and adequate representation; the 
 checks and all the other desiderata of government are noth- 
 ing but political error without it, and with it, liberty can 
 never be endangered. While the honorable convention, who 
 framed this system, were employed in their work, there are 
 many gentlemen who can bear testimony that my only anx- 
 iety was upon the subject of representation ; and when I be- 
 held a legislature constituted of three branches, and in so 
 
 *Froin the Pennsylvania Herald, January s, 1788. 
 
JJ^S F E M irmjkT E § < 
 
 Z;?^ ^TjyhB^ Hall X Jot.? /Etoy/ir/r 
 
The Debate in the Convention. 295 
 
 excellent a manner, either directly or indirectly, elected by 
 the people, and amenable to them, I confess, Sir, that here I 
 cheerfully reposed all my hopes and confidence of safety. 
 Civilians having taught us, Mr. President, that occupancy 
 was the origin of property, I think it may likewise be con- 
 sidered as the origin of liberty; and as we enjoy all our 
 natural rights from a pre-occupancy, antecedent to the social 
 state, in entering into that state, whence shall they be said 
 to be derived? Would it not be absurd to frame a formal dec- | 
 laration that our natural rights are acquired from ourselves? 
 and would it not be a more ridiculous solecism to say, that 
 they are the gift of those rulers whom we have created, and 
 who are invested by us with every power they possess? Sir, 
 I consider it as an honor to the late convention, that this '^ 
 system has not been disgraced with a bill of rights; though I 
 mean not to blame or reflect upon those States which have 
 encumbered their constitutions with that idle and superfluous 
 instrument. One would imagine, however, from . the argu- 
 ments of the opposition, that this government was immedi- \ 
 ately to be administered by foreigners — strangers to our habits 
 and opinions, and unconnected with our interests and pros- 
 perity. These apprehensions. Sir, might have been excused 
 while we were contending with Great Britain; but at this time 
 they are applicable to all governments, as well as that under 
 consideration; and the arguments of the honorable member 
 are, indeed, better calculated for an Indian council-fire, than 
 the meridian of this refined and enlightened convention. 
 
 Mr. Yeates. The objections hitherto offered to this system, 
 Mr. President, may, I think, be reduced to these general 
 heads: first, that there is no bill of rights, and secondly, that 
 the efiect of the proposed government will be a consolidation 
 and not a confederation of the States. Upon the first head 
 it appears to me that great misapprehension has arisen, from 
 considering the situation of Great Britain to be parallel to the 
 situation of this country ; whereas the difference is so essential, 
 that a bill of rights which was there both useful and neces- 
 sary, becomes here at once useless and unnecessary. In Eng- 
 land a power (by what means it signifies little) was established 
 paramount to that of the people, and the only way whicl. 
 
296 Thp. Debate in the Convention. 
 
 they had to secure the remnant of their liberties, was, on ev- 
 ery opportunity, to stipulate with that power for the uninter- 
 rupted enjoyment of certain enumerated privileges. But our 
 case is widely different, and we find that upon the opinion of 
 this difference, seven of the thirteen United States have not 
 added a bill of rights to their respective constitutions. Noth- 
 ing, indeed, seems more clear to my judgment than this, that 
 in our circumstances, every power which is not expressly 
 given is in fact reserved. But it is asked, as some rights are 
 here expressly provided for, why should not more? In truth, 
 however, the writ of habeas corpus, and the trial by jury in 
 criminal cases, cannot be considered as a bill of rights, but 
 merely as a reservation on the part of the people, and a re- 
 striction on the part of their rulers. And I agree with those 
 gentlemen who conceive that a bill of rights, according to the 
 ideas of the opposition, would be accompanied with consid- 
 erable difficulty and danger; for it might be argued at a 
 futtire day. by the persons then in power, You undertook to 
 enumerate the rights which you meant to reserve; the preten- 
 sion which you now make is not comprised in that enumera- 
 tion, and consequently our jurisdiction is not circumscribed. 
 The second general head respects the consolidation of the 
 States; but I think. Sir, candor will forbid us to impute that 
 design to the late convention, when we review the principles 
 and texture of their work. Does it not appear that the or- 
 ganization of the new government must originate with the 
 States? Is not the whole system of federal representation 
 dependent upon the individual governments? For we find 
 that those persons who are qualified to vote for the most 
 numerous branch of the State legislatures, are alone qualified 
 to vote for delegates to the house of representatives: the 
 senators are to be chosen immediately by the legislatures of 
 the States; and those legislatures likewise are to prescribe 
 the manner for the appointment of electors who are to elect 
 the President. Thus, Sir, is the connection between the 
 States in their separate and aggregate capacity preserved, and 
 the existence of the Federal government made necessarily 
 dependant upon the existence and actual operation of its 
 constituent members. Lest anything, indeed, should be 
 
The Debate in the Convention. 297 
 
 wanting to assure us of the intention of the framers of this 
 constitution to preserve the individual sovereignty and inde- 
 pendence of the States inviolate, we find it expressly declared 
 by the 4th section of the 4th article, that "the United States 
 shall guarantee to every State in this Union, a republican 
 form of government"— a constitutional security far superior 
 to the fancied advantages of a bill of rights. It is urged, 
 however, that all the security derived from this clause, and 
 from the forms of representation, may be defeated by the ex- 
 ercise of the power which is vested in Congress to change the 
 times, places, and manner of election. Sir, let it be remem- 
 bered that this power can only operate in a case of necessity, 
 after the factious or listless disposition of a particular State 
 has rendered an interference essential to the salvation of the 
 general government. But is it fair, is it liberal, that every 
 presumption should impute to Congress an abuse of the 
 powers with which they are entrusted ? We might surely, on 
 the ground of such extravagent apprehensions, proscribe the 
 use of fire and water — for fire may burn, and water may 
 drown us. Is it, indeed, possible to define any power so ac- 
 curately, that it shall reach the particular object for which it 
 was given, and yet not be liable to perversion and abuse? If 
 it is too much restrained it will certainly be incompetent; 
 and I am free to declare the opinion, that it is much better 
 under a limited government, to trust something to the dis- 
 cretion of the rulers, than to attempt so precise a definition 
 of power as must defeat every salutary object which it is in- 
 tended to produce. In what instance does it appear, after 
 all, that the jurisdiction of the States will be abridged, ex- 
 cept, indeed, in those respects from which the universal 
 sense of mankind must forever exclude them? The general 
 government will, and incontrovertibly should, be possessed 
 of the power to superintend the general objects and interests 
 of the country ; the particular objects and interests of the 
 States will still be subject to the power of the particular gov- 
 ernments — and is this not a natural and necessary distribu- 
 tion of authority? What single State, for instance, is equal 
 to the regulation of commerce? Have we not seen a sister 
 republic, by an obstinate refusal of the 5 per cent impost, in- 
 
298 The Debate in the Convention. 
 
 volve the whole union in difficulties and disgrace? To that 
 refusal, indeed, may be ascribed our present embarrassments, 
 and the continuance of a heavy debt, which must, otherwise, 
 have been long since discharged. But what are the particu- 
 lar restrictions which this system imposes upon the authority 
 of the States? They are contained, Sir, in the tenth section 
 of the first article ; and I appeal, cheerfully, to the candor of 
 every man who hears me, whether they are not such as 
 ought, for the sake of public honor and private honesty, to be 
 imposed. ' ' No State shall enter into any treaty, alliance, or 
 confederation; grant letters of marque and reprisal; coin 
 money; emit bills of credit; make anything but gold and 
 silver coin a tender in payment of debts ; pass any bill of at- 
 tainder, ex post facto law, or law impairing the obligation of 
 contracts, or grant any title of nobility." These, Sir, and 
 some restraints in commercial affairs, are the restrictions on 
 the several States; we have little information from the fatal 
 experience of past years, if we cannot perceive their propriety, 
 and rejoice in the anticipation of the beneficial consequences 
 they must produce. What, Mr. President, has hitherto been 
 the efiect of tender laws, paper money, and the iniquitous 
 speculations these excrescences of a weak government natur- 
 ally engendered ? I wish not. Sir, to afflict you with a painful 
 recollection upon this subject; but it will be well to remember 
 how much we have suifered, that we may properly estimate 
 the hand which rescues us from poverty and disgrace. If 
 virtue is the foundation of a republican government, has it 
 not been fatally sapped by these means? The morals of the 
 people have been almost sunk into depravity; and the gov- 
 ernment of laws has been almost superseded by a licentious 
 anarchy. The day of reformation and happiness, however, 
 rapidly approaches, and this system will be, at length, the 
 glorious instrument of our political salvation. For, under 
 the authority here given, our commerce will be rendered re- 
 spectable among the nations of the world; the product of the 
 impost will ease the weight of internal taxation; the land 
 tax will be diminished; and the luxuries and conveniences 
 of life bear a proportionate share in the public expenses. In 
 short. Sir, I perceive -nothing in this system to terrify, but 
 
The Debate in the Convention. 299 
 
 everything to flatter the hopes of a friend to his country, and 
 I sincerely hope it will be adopted. 
 
 On Friday 30th* the convention proceeded in their delib- 
 erations upon the first article of the proposed constitution, 
 and Mr. Wynkoop moved, after some debate, that the second 
 article should be taken into consideration. On this Mr. 
 Smilie observed, that he hoped so precipitate a measure 
 would not be adopted, for, in his opinion, they had not yet 
 got over the first six words of the preamble. He then re- 
 duced the present subject of discussion to two general heads, 
 viz. 1st. The necessity of a declaration of rights; and 2d. 
 Whether the plan was a consolidation, or a confederation of 
 the United States? After these points are ascertained, he 
 observed, it would be proper to consider each section of the 
 first article particularly, in order to state the objections to the 
 powers delegated to the Congress for imposing internal taxa- 
 tion, raising a poll tax, and maintaining a standing army in 
 time of peace. The convention adjourned at two o'clock. 
 
 Mr. M'Kean said on Friday, in the convention, that he 
 wished the opponents of the proposed constitution would not 
 merely find out its defects, but state the remedies. Since 
 they consider a bill of rights so essential, why do they not 
 show us one, that we may judge of its necessity ? To this 
 Mr. Smilie answered, he was happy to hear the idea sug- 
 gested, for he had understood that the convention did not 
 mean to admit either additions or amendments ; but let them 
 agree to do this, and he pledged himself to produce such a 
 declaration of rights, and such other amendments, as would 
 conciliate the opponents of the plan in its present state, who 
 wished not to reject it altogether, but to make it as secure as 
 possible, in favor of the civil liberties of the people. 
 
 Saturday^ December rst. 
 Doctor Rushf (on the subject of the new government tend- 
 ing to abridge the States of their respective sovereignty) ob- 
 served in the convention, that this passion for separate sover- 
 
 * From the Pennsylvania Packet, Dec. 3, 1787. 
 t From the Pennsylvania Packet, Dec. 5th, 1787. 
 
300 The Debate in the Convention. 
 
 eignty had destroyed the Grecian Union. This plurality of 
 sovereignty is in politics what plurality of gods is in religion 
 — it is the idolatry, the heathenism of government. In 
 marking the advantages which are secured to us by the new 
 government, the Doctor principally enforced the following: 
 The citizens under it will have an immediate voice in delega- 
 tions to Congress : that an unoffending posterity will not (as 
 is now the case on commission of treason) be punished for the 
 sins of offending ancestors; that an eternal veto will be 
 stamped on paper emissions; that religious tests would be 
 abolished; that Commerce will hold up her declining head, 
 under the influence of general, vigorous, uniform regulations ; 
 that a system of infinite mischief to this State would be coun- 
 teracted; that the adopted certificates would devolve back to 
 the continent. The Doctor concluded an animated speech by 
 holding out the new constitution as pregnant with an increase 
 of freedom, knowledge and religion. 
 
 On Saturday [Dec. ist] * Mr. Findley delivered an eloquent 
 and powerful speech, to prove that the proposed plan of gov- 
 ernment amounted to a consolidation, and not a confederation 
 of the states. Mr. Wilson had before admitted that if this was 
 a just objection, it would be strongly against the system; and 
 it seems from the subsequent silence of all its advocates upon 
 that subject (except Doctor Rush, who on Monday insinuated 
 that he saw and rejoiced at the eventual annihilation of the 
 state sovereignties) Mr. Findley has established his position. 
 Previous to an investigation of the plan, that gentleman 
 animadverted upon the argument of necessity, which had 
 been so much insisted upon, and showed that we were in an 
 eligible situation to attempt the improvement of the Federal 
 Government, but not so desperately circumstanced as to be 
 obliged to adopt any system, however destructive to the liber- 
 ties of the people, and the sovereign rights of the states. He 
 then argued that the proposed constitution established a 
 general government and destroyed the individual govern- 
 ments, from the following evidence taken from the system it- 
 
 * From tlie Pennsylvania Packet, Dec. 5tli. 
 
The Debate in the Convention, 301 
 
 self: ist. In the preamble, it is said, We the People^ and not 
 We the States, which therefore is a compact between individ- 
 uals entering into society, and not between separate states 
 enjoying independent power, and delegating a portion of that 
 power for their common benefit. 2d. That in the legislature 
 each member has a vote, whereas in a confederation, as we 
 have hitherto practised it, and from the very nature of the 
 thing, a state can only have one voice, and therefore all the 
 delegates of any state can only give one vote. 3d. The 
 powers given to the Federal body for imposing internal taxa- 
 " tion will necessarily destroy the state sovereignties, for there 
 cannot exist two independent sovereign taxing powers in the 
 same community, and the strongest will of course annihilate 
 the weaker. 4th. The power given to regulate and judge of 
 elections is a proof of a consolidation, for there cannot be two 
 powers employed at the same time in regulating the same 
 elections, and if they were a confederated body, the individ- 
 ual states would judge of the elections, and the general 
 Congress would judge of the credentials which proved the 
 election of its members. 5th. The judiciary power, which is 
 co-extensive with the legislative, is another evidence of a 
 consolidation. 6th. The manner in which the wages of the 
 members is paid, makes another proof ; and lastly. The oath 
 of allegiance directed to be taken establishes it incontroverti- 
 bly; for would it not be absurd, that the members of the 
 legislative and executive branches of a sovereign state should 
 take a test of allegiance to another sovereign or independent 
 body? 
 
 Mr. Wilson. * The secret is now disclosed, and it is dis- 
 covered to be a dread that the boasted state sovereignties will, 
 under this system, be disrobed of part of their power. Before 
 I go into the examination of this point, let me ask one im- 
 portant question: Upon what principle is it contended that 
 the sovereign power resides in the state governments? The 
 honorable gentleman has said truly, that there can be no sub- 
 ordinate sovereignty. Now if there can not, my position is, 
 that the sovereignty resides in the people. They have not 
 * From Lloyd's Debates. 
 
202 The Debate in the Convention. 
 
 parted with it; they have only dispensed such portions of 
 power as were conceived necessary for the public welfare. 
 This constitution stands upon this broad principle. I know 
 very well, Sir, that the people have hitherto been shut out 
 of the federal government, but it is not meant that they 
 should any longer be dispossessed of their rights. In order 
 to recognize this leading principle, the proposed system sets 
 out with a declaration that its existence depends upon the 
 supreme authority of the people alone. We have heard much 
 about a consolidated government. I wish the honorable gen- 
 tleman would condescend to give us a definition of what he 
 meant by it. I think this the more necessary, because I ap- 
 prehend that the term, in the numerous times it has been 
 used, has not always been used in the same sense. It may 
 be said, and I believe it has been said, that a consolidated 
 government is such as will absorb and destroy the govern- 
 ments of the several States. If it is taken in this view, the 
 plan before us is not a consolidated government, as I showed 
 on a former day, and may, if necessary, show further on some 
 future occasion. On the other hand, if it is meant that the 
 general government will take from the state governments 
 their power in some particulars, it is confessed and evident 
 that this will be its operation and effect. 
 
 When the principle is once settled that the people are the 
 source of authority, the consequence is that they may take 
 from the subordinate governments powers with which they 
 have hitherto trusted them, and place those powers in the 
 general government, if it is thought that there they will be 
 productive of more good. They can distribute one portion 
 of power to the more contracted circle called State govern- 
 ments : they can also furnish another proportion to the gov- 
 ernment of the United States. Who will undertake to say 
 as a state officer that the people may not give to the general 
 government what powers and for what purposes they please? 
 how comes it. Sir, that these State governments dictate to 
 their superiors? — to the majesty of the people? When I say 
 the majesty of the people, I mean the thing, and not a mere 
 compliment to them. The honorable gentleman went a step 
 
The Debate in the Convention. 303 
 
 further and said that the State governments were kept out of 
 this government altogether. The truth is, and it is a leading 
 principle in this system, that not the States only but the peo- 
 ple also shall be here represented. And if this is a crime, I 
 confess the general government is chargeable with it; but I 
 have no idea that a safe system of power in the government, 
 sufficient to manage the general interest of the United States, 
 could be drawn from any other source or rested in any other 
 authority than that of the people at large, and I consider this 
 authority as the rock on which this structure will stand. If 
 this principle is unfounded, the system must fall. If honor- 
 able gentlemen, before they undertake to oppose this princi- 
 ple, will show that the people have parted with their power 
 to the State governments, then I confess I cannot support 
 this constitution. It is asked, can there be two taxing powers ? 
 Will the people submit to two taxing powers ? I think they 
 will, when the taxes are required for the public welfare, by 
 persons appointed immediately by their fellow citizens. 
 
 But I believe this doctrine is a very disagreeable one to 
 some of the State governments. All the objections that will 
 furnish an increase of revenue are eagerly seized by them; 
 perhaps this will lead to the reason why a State government, 
 when she was obliged to pay only about an eighth part of the 
 loan-office certificates, should voluntarily undertake the pay- 
 ment of about one-third part of them. This power of taxa- 
 tion will be regulated in the general government upon equit- 
 able principles. No State can have more than her just pro- 
 portion to discharge — no longer will government be obliged 
 to assign her funds for the payment of debts she does not owe. 
 Another objection has been taken that the judicial powers are 
 co-extensive with the objects of the national government. So 
 far as I can understand the idea of magistracy in every gov- 
 ernment, this seems to be a proper arrangement; the judicial 
 department is considered as a part of the executive authority 
 of government. Now, I have no , idea that the authority 
 should be restrained so as not to be able to perform its func- 
 tions with full effect. I would not have the legislature sit to 
 make laws which cannot be executed. It is not meant here 
 
304 The Debate in the Convention. 
 
 that the laws shall be a dead letter; it is meant that they shall 
 be carefully and duly considered before they are enacted; and 
 that then they shall be honestly and faithfully executed. 
 This observation naturally leads to a more particular consid- 
 eration of the government before us. In order, Sir, to give 
 permanency, stability and security to any government, I con- 
 ceive it of essential importance that its legislature should be 
 restrained; that there should not only be what we -call a, pas- 
 sive^ but an active power over it; for of all kinds of despotism, 
 this is the most dreadful and the most difficult to be corrected. 
 With how much contempt have we seen the authority of the 
 people treated by the legislature of this State — and how often 
 have we seen it making laws in one session that have been 
 repealed the next, either on account of the fluctuation of 
 party or their own impropriety! 
 
 This could not have been the case in a compound legisla- 
 ture; it is therefore proper to have efficient restraints upon 
 the legislative body. These restraints arise from difierent 
 sources: I will mention some of them. In this constitution 
 they will be produced in a very considerable degree by a di- 
 vision of the power in the legislative body itself. Under this 
 system they may arise likewise from the interference of those 
 officers, who will be introduced into the executive and judi- 
 cial departments. They may spring also from another source, 
 the election by the people, and finally, under this constitu- 
 tion, they may proceed from the great and last resort — from 
 the PEOPLE themselves. I say, under this constitution, the 
 legislature may be restrained and kept within its prescribed 
 bounds by the interposition of the judicial department. This 
 I hope. Sir, to explain clearly and satisfactorily. I had oc- 
 casion on a former day to state that the power of the consti- 
 tution was paramount to the power of the legislature acting 
 under that constitution. For it is possible that the legislature, 
 when acting in that capacity, may transgress the bounds as- 
 signed to it, and an act may pass in the usual mode notwith- 
 standing that transgression; but when it comes to be discussed 
 before the judges, when they consider its principles, and find 
 it to be incompatible with the superior powers of the consti- 
 
The Debate in the Convention. 305 
 
 tution, it is their duty to pronounce it void; and judges inde- 
 pendent, and not obliged to look to every session for a con- 
 tinuance of their salaries, will behave with intrepidity and 
 refuse to the act the sanction of judicial authority. In the 
 same manner the President of the United States could shield 
 himself and refuse to carry into effect an act that violates the 
 constitution. 
 
 In order to secure the President from any dependence upon 
 the legislature as to his salary, it is provided that he shall, at 
 stated times, receive for his services a compensation that shall 
 neither be increased nor diminished during the period for 
 which he shall have been elected, and that he shall not receive 
 within that period any other emolument from the United 
 States or any of them. 
 
 To secure to the judges this independence, it is ordered that 
 they shall receive for their services a compensation which 
 shall not be diminished during their continuance in office. 
 The Congress may be restrained by the election of its constit- 
 uent parts. If a legislature shall make a law contrary to the 
 constitution or oppressive to the people, they have it in their 
 power, every second year in one branch, and every sixth 
 year in the other, to displace the men who act thus inconsis- 
 tent with their duty; and if this is not sufficient, they have 
 still a further power; they may assume into their own hands 
 the alteration of the constitution itself — they may revoke the 
 lease, when the conditions are broken by the tenant. But 
 the most useful restraint upon the legislature, because it 
 operates constantly, arises from the division of its power 
 among two branches, and from the qualified negative of the 
 president upon both. As this government is formed, there 
 are two sources from which the representation is drawn, 
 though they both ultimately flow from the people. States 
 now exist and others will come into existence; it was thought 
 proper that they should be represented in the general govern- 
 ment. But gentlemen will please to remember, this consti- 
 tution was not framed merely for the States; it was framed 
 for the PEOPLE also; and the popular branch of the Congress 
 will be the objects of their immediate choice. 
 
306 The Debate in the Convention. 
 
 The two branches will serve as checks upon each other; 
 they have the same legislative authorities, except in one in- 
 stance. Money bills must originate in the house of represen- 
 tatives. The senate can pass no law without the concurrence 
 of the house of representatives ; nor can the house of repre- 
 sentatives without the concurrence of the senate. I believe, 
 Sir, that the observation which I am now going to make, will 
 apply to mankind in every situation; they will act with more 
 caution, .and perhaps more integrity, if their proceedings are 
 to be under the inspection and control of another, than when 
 they are not. From this principle, the proceedings of Con- 
 gress will be conducted with a degree of circumspection not 
 common in single bodies, where nothing more is necessary to 
 be done, than to carry the business through amongst them- 
 selves, whether it be right or wrong. In compound legisla- 
 tures, every object must be submitted to a distinct body, not 
 influenced by the arguments, or warped by the prejudices of 
 the other. And, I believe, that the persons who will form 
 the Congress, will be cautious in running the risk, with a bare 
 majority^ of having the negative of the president put on their 
 proceedings. As there will be more circumspection in form- 
 ing the laws, so there will be more stability in the laws when 
 made. Indeed one is the consequence of the other; for what 
 has been well considered, and founded in good sense, will, in 
 practice, be useful and salutary, and of consequence will not 
 be liable to be soon repealed. Though two bodies may not 
 possess more wisdom or patriotism than what may be found 
 in a single body, yet they will necessarily introduce a greater 
 degree of precision. An undigested and inaccurate code of 
 laws, is one of the most dangerous things that can be intro- 
 duced into any government. The force of this observation is 
 well known by every gentleman that has attended to the laws 
 of this State. This, Sir, is a very important advantage, that 
 will arise from this division of the legislative authority. 
 
 I will proceed now to take some notice of a still further re- 
 straint upon the legislature : I mean the qualified negative 
 of the president. I think this will be attended with very im- 
 portant advantages, for the security and happiness of the peo- 
 
The Debate in the Convention^ Tp-j 
 
 pie of the United States. The president, Sir, will not be a 
 stranger to our country, to our laws, or to our wishes. He 
 will, under this constitution, be placed in office as the presi- 
 dent of the whole union, and will be chosen in such a man- 
 ner that he may be justly styled the man of the people; 
 being elected by the different parts of the United States, he 
 will consider himself as not particularly interested for any 
 one of them, but will watch over the whole with paternal 
 care and affection. This will be the natural conduct to rec- 
 ommend himself to those who placed him in that high chair, 
 and I consider it as a very important advantage, that such a 
 man must have every law presented to him before it can be- 
 come binding upon the United States. He will have before 
 him the fullest information of our situation, he will avail 
 himself not only of records and official communications, for- 
 eign and domestic, but he will have also the advice of the 
 executive officers in the different departments of the general 
 government. 
 
 If in consequence of this information and advice, he ex- 
 ercise the authority given to him, the effect will not be lost 
 — he returns his objections, together with the bill, and unless 
 two-thirds of both branches of the legislature are now found 
 to approve it, it does not become a law. But even if his ob- 
 jections do not prevent its passing into a law, they will not be 
 useless; they will be kept together with the law, and, in the 
 archives of congress, will be valuable and practical materials, 
 to form the minds of posterity for legislation — if it is found 
 that the law operates inconveniently, or oppressively, 
 the people may discover in the president's objections the 
 source of that inconvenience or oppression. Further, Sir, 
 when objections shall have been made, it is provided, in 
 order to secure the greatest degree of caution and responsibi- 
 lity, that the votes of both houses shall be determined by 
 yeas and nays, and the names of the persons voting for and 
 against the bill, shall be entered in the journal of each house 
 respectively. Thus much I have thought proper to say, with 
 regard to the distribution of the legislative authority, and the 
 restraints under which it will be exercised. 
 
3o8 The Debate in the Conventwn, 
 
 The gentleman in opposition strongly insists, tliat the 
 general clause at the end of the eighth section, gives to con- 
 gress a power of legislating generally; but I cannot conceive 
 by what means he will render the word susceptible of that ex- 
 pansion. Can the words, "the congress shall have power to 
 make all laws which shall be necessary and proper to carry 
 into execution the foregoing powers, " be capable of giving 
 them general legislative power? I hope that it is not meant 
 to give to congress merely an illusive show of authority, to de- 
 ceive themselves or constituents any longer. On the con- 
 trary, I trust it is meant, that they shall have the power of 
 carrying into effect the laws which they shall make under 
 the powers vested in them by this constitution. In answer 
 to the gentleman from Fayette (Mr. Smilie,) on the subject 
 of the press, I beg leave to make an observation : it is very 
 true. Sir, that this constitution says nothing with regard to 
 that subject, nor was it necessary, because it will be found 
 that there is given to the general government no power what- 
 soever concerning it; and no law in pursuance of the consti- 
 tution, can possibly be enacted, to destroy that liberty. 
 
 I heard the honorable gentleman make this general asser- 
 tion, that the Congress was certainly vested with power to 
 make such a law, but I would be glad to know by what part 
 of this constitution such a power is given? Until that is 
 done, I shall not enter into a minute investigation of the 
 matter, but shall at present satisfy myself with giving an 
 answer to a question that has been put. It has been asked, 
 if a law should be made to punish libels, and the judges 
 should proceed under that law, what chance would the 
 printer have of an acquittal? And it has been said he 
 would drop into a den of devouring monsters. 
 
 I presume it was not in the view of the honorable gentle- 
 man to say there is no such thing as a libel, or that the 
 writers of such ought not to be punished. The idea of the 
 liberty of the press, is not carried so far as this in any coun- 
 try—what is meant by the liberty of the press is, that there 
 should be no antecedent restraint upon it; but that every 
 author is responsible when he attacks the security or welfare 
 
The Debate in the Convention, 309 
 
 of the government, or the safety, character and property of 
 the individual. 
 
 With regard to attacks upon the public, the mode of pro- 
 ceeding is by a prosecution. Now if a libel is written, it 
 must be within some one of the United States, or the district 
 of congress. With regard to that district, I hope it will take 
 care to preserve this as well as the other rights of freemen ; 
 for whatever district congress may choose, the cession of it 
 cannot be completed without the consent of its inhabitants. 
 Now, Sir, if this libel is to be tried, it must be tried where 
 the offence was committed; for under this constitution, as 
 declared in the second section of the third article, the trial 
 must be held in the State; therefore on this occasion it must 
 be tried where it was published, if the indictment is for pub- 
 lishing; and it must be tried likewise by a jury of that State. 
 Now, I would ask, is the person prosecuted in a worse situa- 
 tion under the general government, even if it had the power 
 to make laws on this subject, than he is at present under the 
 State government? It is true there is no particular regula- 
 tion made, to have the jury come from the body of the county 
 in which the offence was committed; but there are some 
 States in which this mode of collecting juries is contrary to 
 their established custom, and gentlemen ought to consider 
 that this constitution was not meant merely for Pennsylva- 
 nia. In some States the juries are not taken from a single 
 county. In Virginia, the sheriff, I believe, is not confined 
 even to the inhabitants of the State, but is at liberty to take 
 any man he pleases, and put him on the jury. In Maryland 
 I think a set of jurors serve for the whole Western Shore, 
 and another for the Eastern Shore. 
 
 I beg to make one remark on what one gentleman has said, 
 with respect to amendments being proposed to the constitu- 
 tion. To whom are the convention to make report of such 
 amendments? He tells you, to the present congress. I do 
 not wish to report to that body, the representatives only of 
 the State governments; they may not be disposed to admit 
 the people into a participation of their power. It has also 
 been supposed, that a wonderful unanimity subsists among 
 
3IO The Debate in the Convention. 
 
 those who are enemies to the proposed system. On this 
 point I also differ from the gentleman who made the obser- 
 vation. I have taken every pains in my power, and read 
 every publication I could meet with, in order to gain infor- 
 mation; and as far as I have been able to judge, the opposi- 
 tion is inconsiderable and inconsistent. Instead of agreeing 
 in their objections, those who make them bring forward 
 such as are diametrically opposite. On one hand, it is said 
 that the representation in congress is too small; on the other, 
 it is said to be too numerous. Some think the authority of 
 the senate too great; some that of the house of representa- 
 tives; and some that of both. Others draw their fears from 
 the powers of the president; and like the iron race of Cadmus, 
 these opponents rise only to destroy each other. 
 
 Monday^ December j. 
 
 On Monday [Dec. 3d] * it was urged by Mr. Findley, that 
 Congress, under the new system, would have it in their 
 power to lay an impost upon emigrants. Doctor Rush 
 said he thought there was no reason to object to its being 
 laid on the importation of indented servants, and Mr. Wil- 
 son said that the emigration of freemen was an object of 
 commerce. 
 
 Doctor I<Lush having frequently alluded with disapprobation 
 to the funding system, in a late debate, Mr. Findley observed 
 that the Doctor was one of the committee of public creditors 
 who had conferred with a committee of the General Assembly 
 upon this measure, and was at that time active in promoting 
 it. The Doctor, for fear any unfavorable impression should 
 be made by that assertion, observed that he did not think 
 the system would have extended so far. 
 
 Mr. Wilson said that the manner in which the opposition 
 treated the proposed constitution, taking it by piece-meal, 
 without considering the relative connection and dependence 
 of its parts, reminded him of an anecdote which occurred 
 when it was the practice in churches to detail a single line of 
 Sternhold and Hopkins's psalms, and then set the verse to 
 
 *From the Pennsylvania Packet, Dec. 6t]i. 
 
The Debate in the Convention, 311 
 
 music. A sailor entered the church, when the clerk gave out 
 the following line: 
 
 The Lord will come, and he will not 
 
 The sailor stared, but when he heard the next line, 
 
 Hold peace, but speak aloud, 
 
 he instantly left the congregation, convinced that it was an 
 assembly of lunatics. 
 
 Mr. Wilson. * Much fault has been found with the mode 
 of expression used in the first clause of the ninth section of 
 the first article. I believe I can assign a reason why that 
 mode of expression was used, and why the term slave was not 
 directly admitted in this constitution: — and as to the manner 
 of laying taxes, this is not the first time that the subject has 
 come into the view of the United States, and of the legisla- 
 tures of the several States. The gentleman (Mr. Findley) 
 will recollect, that in the present Congress, the quota of the 
 federal debt and general expenses was to be in proportion to 
 the value of land and other enumerated property within the 
 States. After trying this for a number of years, it was found 
 on all hands to be a mode that could not be carried into exe- 
 cution. Congress were satisfied of this, and in the year 1783 
 recommended, in conformity with the powers they possessed 
 under the articles of confederation, that the quota should be 
 according to the number of free people, including those bound 
 to servitude, and excluding Indians not taxed. These were 
 the very expressions used in 1783, and the fate of this recom- 
 mendation was similar to all their other resolutions. It was 
 not carried into effect, but it was adopted by no fewer than 
 eleven out of thirteen States; and it cannot but be a matter 
 of surprise to hear gentlemen who agreed to this very mode 
 of expression at that time, come forward and state it as an 
 objection on the present occasion. It was natural. Sir, for 
 the late convention to adopt the mode after it had been 
 agreed to by eleven States, and to use the expression which 
 
 * From Lloyd's Debates. 
 
313 The Debate in the Convention. 
 
 they found had been received as unexceptionable before. 
 With respect to the clause restricting Congress from prohibit- 
 ing the migration or importation of such persons as any of 
 the States now existing shall think proper to admit, prior to 
 the year 1808, the honorable gentleman says that this clause 
 is not only dark, but intended to grant to Congress, for that 
 time, the power to admit the importation of slaves. No such 
 thing was intended; but I will tell you what was done, and 
 it gives me high pleasure that so much was done. Under the 
 present confederation, the States may admit the importation 
 of slaves as long as they please; but by this article, after the 
 year 1808, the Congress will have power to prohibit such im- 
 portation, notwithstanding the disposition of any State to the 
 contrary. I consider this as laying the foundation for banish- 
 ing slavery out of this country; and though the period is 
 more distant than I could wish, yet it will produce the same 
 kind, gradual change which was pursued in Pennsylvania. 
 It is with much satisfaction I view this power in the general 
 government, whereby they may lay an interdiction on this 
 reproachful trade. But an immediate advantage is also ob- 
 tained, for a tax or duty may be imposed on such importation 
 not exceeding ten dollars for each person; and this. Sir, ope- 
 rates as a partial prohibition. It was all that could be ob- 
 tained. I am sorry it was no more ; but from this I think 
 there is reason to hope that yet a few years, and it will be 
 prohibited altogether. And in the meantime, the new States 
 which are to be formed will be under the control of Congress 
 in this particular, and slaves will never be introduced 
 amongst them. The gentleman says that it is unfortunate 
 in another point of view: it means to prohibit the introduc- 
 tion of white people from Europe, as this tax may deter them 
 from coming amongst us. A little impartiality and attention 
 will discover the care that the convention took in selecting 
 their language. The words are, the migration or importa- 
 tion of such persons, etc. , shall not be prohibited by Con- 
 gress prior to the year 1808, but a tax or duty may be im- 
 posed on such IMPORTATION. It is observable here that the 
 term migration is dropped when a tax or duty is mentioned. 
 
The Debate in the Convention. 313 
 
 so that Congress have power to impose the tax only on those 
 imported. 
 
 Tuesday December ^, I'jSj. 
 
 Mr. Wilson.* I shall take this opportunity of giving an 
 answer to the objections already urged against the constitu- 
 tion; I shall then point out some of those qualities, that en- 
 title it to the attention and approbation of this convention; 
 and after having done this, I shall take a fit opportunity of 
 stating the consequences which I apprehend will result from 
 rejecting it, and those which will probably result from its 
 adoption. I have given the utmost attention to the debates 
 and the objections that from time to time have been made 
 by the three gentlemen who speak in opposition. I have re- 
 duced them to some order, perhaps not better than that in 
 which they were introduced. I will state them; they will be 
 in the recollection of the house, and I will endeavor to give 
 an answer to them — in that answer, I will interweave some 
 remarks that may tend to elucidate the subject. 
 
 A good deal has already been said, concerning a bill of 
 rights; I have stated, according to the best of my recollec- 
 tion, all that passed in convention relating to that business. 
 Since that time, I have spoken with a gentleman, who has 
 not only his memory, but full notes, that he had taken in 
 that body; and he assures me, that upon this subject no 
 direct motion was ever made at all; and certainly, before we 
 heard this so violently supported out of doors, some pains 
 ought to have been taken to have tried its fate within; but 
 the truth is, a bill of rights would, as I have mentioned 
 already, have been not only unnecessary, but improper. In 
 some governments it may come within the gentleman's idea, 
 when he says it can do no harm ; but even in these govern- 
 ments, you find bills of rights do not uniformly obtain; and 
 do those States complain who have them not? Is it a maxim 
 in forming governments, that not only all the powers which 
 are given, but also that all those which are reserved, should 
 be enumerated? I apprehend that the powers given and re- 
 served, form the whole rights of the people, as men and as 
 
 * From Lloyd Debates. 
 
314 The Debate in the Convention. 
 
 citizens. I consider, that there are very few who understand 
 the whole of these rights. All the political writers, from Gro- 
 tius and Puffendorf, down to Vattel, have treated on this 
 subject; but in no one of those books, nor in the aggregate 
 of them all, can you find a complete enumeration of rights 
 appertaining to the people as men and as citizens. 
 
 There are two kinds of government; that where general 
 power is intended to be given to the legislature, and that 
 where the powers are particularly enumerated. In the last 
 case, the implied result is, that nothing more is intended to 
 be given than what is so enumerated, unless it results from 
 the nature of the government itself. On the other hand, 
 when general legislative powers are given, then the people 
 part with their authority, and on the gentleman's principle 
 of government, retain nothing. But in a government like 
 the proposed one, there can be no necessity for a bill of rights. 
 For, on my principle, the people never part with their power. 
 Enumerate all the rights of men! I am sure, Sir, that no 
 gentleman in the late convention would have attempted such 
 a thing. I believe the honorable speakers in opposition on 
 this floor were members of the assembly which appointed 
 delegates to that convention; if it had been thought proper 
 to have sent them into that body, how luminous would 
 the dark conclave have been! So the gentleman has been 
 pleased to denominate that body. Aristocrats as they were, 
 they pretended not to define the rights of those who sent 
 them there. We are asked repeatedly, what harm could the 
 addition of a bill of rights do? If it can do no good^ I think 
 that a sufficient reason to refuse having anything to do with 
 it. But to whom are we to report this bill of rights, if we 
 should adopt it? Have we authority from those who sent us 
 here to make one? 
 
 It is true we may propose, as well as any other private per- 
 sons; but how shall we know the sentiments of the citizens 
 of this State and of the other States ? are we certain that 
 any one of them will agree with our definitions and enume- 
 rations? 
 
 In the second place, we are told, that there is no check 
 
The Debate in the Convention, .■^1.5 
 
 upon the government but the people; it is fortunate, Sir, if 
 their superintending authority is allowed as a check: but I 
 apprehend that in the very construction of this government, 
 there are numerous checks. Besides those expressly enume- 
 rated, the two branches of the legislature are mutual checks 
 upon each other. But this subject will be more properly 
 discussed, when we come to consider the form of government 
 itself; and then I mean to show the reason, why the right of 
 habeas corpus was secured by a particular declaration in its 
 favor. 
 
 In the third place we are told, that there is no security 
 for the rights ol conscience. I ask the honorable gentleman, 
 what part of this system puts it in the power of congress to 
 attack those rights ? When there is no power to attack, it is 
 idle to prepare the means of defence. 
 
 After having mentioned, in a cursory manner, the foregoing 
 objections, we now arive at the leading ones against the pro- 
 posed system. 
 
 The very manner of introducing this constitution, by the 
 recognition of the authority of the people, is said to change 
 the principle of the present confederation, and to introduce 
 a consolidating and absorbing government ! 
 
 In this confederated republic, the sovereignty of the States, 
 it is said, is not preserved. We are told that there cannot 
 be two sovereign powers, and that a subordinate sovereignty 
 is no sovereignty. 
 
 It will be worth while, Mr. President, to consider this ob- 
 jection at large. When I had the honor of speaking for- 
 merly on this subject, I stated, in as concise a manner as pos- 
 sible, the leading ideas that occurred to me, to ascertain 
 where the supreme and sovereign power resides. It has not 
 been, nor, I presume, will it be denied, that somewhere there 
 is, and of necessity must be, a supreme, absolute and uncon- 
 trollable authority. This, I believe, may justly be termed 
 the sovereign power; for from that gentleman's (Mr. Find- 
 ley) account of the matter, it cannot be sovereign, unless it 
 is supreme; for, says he, a subordinate sovereignty is no 
 sovereignty at all. I had the honor of observing, that if the 
 
3i6 The Debate tn the Convention. 
 
 question was asked, where the supreme power resided, dif- 
 ferent answers would be given by different writers. I men- 
 tioned that Blackstone will tell you, that in Britain it is 
 lodged in the British parliament; and I believe there is no 
 writer on this subject on the other side of the Atlantic, but 
 supposes it to be vested in that body. I stated further, that 
 if the question was asked, some politician, who had not con- 
 sidered the subject with suf&cient accuracy, where the 
 supreme power resided in our governments, would answer, 
 that it was vested in the State constitutions. This opinion 
 approaches near the truth, but does not reach it; for the 
 truth is, that the supreme, absolute and uncontrollable autho- 
 rity, remains with the people. I mentioned also, that the 
 practical recognition of this truth was reserved for the honor 
 of this country. I recollect no constitution founded on this 
 principle : but we have witnessed the improvement, and en- 
 joy the happiness, of seeing it carried into practice. The 
 great and penetrating mind of Locke seems to be the only 
 one that pointed towards even the theory of this great truth. 
 
 When I made the observation, that some politicians would 
 say the supreme power was lodged in our State constitutions, 
 I did not suspect that the honorable gentleman from West- 
 moreland (Mr. Findley) was included in that description; 
 but I find myself disappointed; for I imagined his opposition 
 would arise from another consideration. His position is, that 
 the supreme power resides in the States, as governments; 
 and mine is, that it resides in the people, as the fountain 
 of government; that the people have not — that the people 
 mean not — and that the people ought not, to part with it to 
 any government whatsoever. In their hands it remains 
 secure. They can delegate it in such proportions, to such 
 bodies, on such terms, and under such limitations, as they 
 think proper. I agree with the members in opposition, that 
 there cannot be two sovereign powers on the same subject. 
 
 I consider the people of the United States as forming one 
 great community, and I consider the people of the different 
 States as forming communities again on a lesser scale. From 
 this great division of the people into distinct communities 
 
The Debate in the Convention. 317 
 
 it will be found necessary that different proportions of legis- 
 lative powers should be given to the governments, according 
 to the nature, number and magnitude of their objects. 
 
 Unless the people are considered in these two views, we 
 shall never be able to understand the principle on which this 
 system was constructed. I view the States as made for the 
 people as well as by them, and not the people as made for the 
 States. The people, therefore, have a right, whilst enjoying 
 the undeniable powers of society, to form either a general 
 government, or state governments, in what manner they 
 please; or to accommodate them to one another, and by this 
 means preserve them all. This, I say, is the inherent and 
 unalienable right of the people, and as an ilhistration of it, I 
 beg to read a few words from the Declaration of Independence, 
 made by the representatives of the United States, and recog- 
 nized by the whole Union. — 
 
 "We hold these truths to be self-evident, that all men are 
 created equal ; that they are endowed by their Creator with 
 certain unalienable rights; that among these are life, liberty, 
 and the pursuit of happiness. That to secure these rights, 
 governments are instituted among men, deriving their just 
 powers from the consent of the governed; that whenever any 
 form of government becomes destructive of these ends, it is 
 the RIGHT of the people to alter or to abolish it, and institute 
 a new government, laying its foundation on such principles, 
 and organizing its powers in such forms, as to them shall 
 seem most likely to effect their safety and happiness. ' ' 
 
 This is the broad basis on which our independence was 
 placed. On the same certain and solid foundation this sys- 
 tem is erected. 
 
 State sovereignty, as it is called, is far from being able to 
 support its weight. Nothing less than the authority of the 
 people could either support it or give it efficacy. I cannot 
 pass over this subject without noticing the different conduct 
 pursued by the late federal convention, and that observed by 
 the convention which framed the constitution of Pennsylva- 
 nia. On that occasion you find an attempt made to deprive 
 the people of this right, so lately and so expressly asserted in 
 
3i8 The Debate in the Convention. 
 
 the Declaration of Independence. We are told in the pream- 
 ble to the Declaration of Rights, and frame of government, 
 that '■''we do, by virtue of the authority vested in «j, ordain, 
 declare, and establish, the following Declaration of Rights 
 and frame of government to be the constitution of this com- 
 monwealth, and to remain in force therein unaltered, ex- 
 cept in such articles as shall hereafter on experience be found 
 to require improvement, and which shall, by the same au- 
 thority of the people, fairly delegated as this frame of govern- 
 ment directs'''' — An honorable gentleman (Mr. Chambers) was 
 well warranted in saying that all that could be done was done 
 to cut off the people from the right of amending; for if it be 
 amended by any other mode than that which it directs, then 
 any number more than one-third may control any number 
 less than two-thirds. 
 
 But I return to my general reasoning. My position is. Sir, 
 that in this country the supreme, absolute, and uncontroll- 
 able power resides in the people at large; that they have 
 vested certain proportions of this power in the State govern- 
 ments, but that the fee simple continues, resides and remains 
 with the body of the people. Under the practical influence 
 of this great truth we are now sitting and deliberating, and 
 under its operation, we can sit as calmly, and deliberate as 
 coolly in order to change a constitution, as a legislature can 
 sit and deliberate under the power of a constitution in order 
 to alter or amend a law. It is true, the exercise of this power 
 will not probably be so frequent, nor resorted to on so many 
 occasions, in one case as in the other; but the recognition of 
 the principle cannot fail to establish it more firmly. Because 
 this recognition is made in the proposed constitution, an ex- 
 ception is taken to the whole of it, for we are told it is a vio- 
 lation of the present confederation — a CONFEDERATION of 
 SOVEREIGN STATES. I shall not enter into an investigation 
 of the present confederation, but shall just remark, that its 
 principle is not the principle of free governments. The PEO- 
 PLE of the United States are not as such represented in the 
 present Congress; and considered even as the component 
 parts of the several States, they are not represented in pro- 
 portion to their numbers and importance. 
 
7^1? Debate in the Convention, 319 
 
 In this place I cannot help remarking on the general in- 
 consistency which appears between one part of the gentle- 
 man's objections and another. Upon the principle we have 
 now mentioned, the honorable gentleman contended, that 
 the powers ought to flow from the States; and that all the 
 late convention had to do, was to give additional powers to 
 Congress. What is the present form of Congress? A single 
 body, with some legislative, but little executive, and no 
 effective judicial power. What are these additional powers 
 that are to be given? In some cases legislative are wanting, 
 in other judicial, and in others executive; these, it is said, 
 ought to be allotted to the general government; but the im- 
 • propriety of delegating such extensive trust to one body of 
 men is evident; yet in the same day, and perhaps the same 
 hour, we are told, by honorable gentlemen, that these three 
 branches of government are not kept sufficiently distinct in 
 this constitution; we are told also that the senate, possessing 
 some executive power, as well as legislative, is such a mon- 
 ster that it will swallow up and absorb every other body in the 
 general government, after having destroyed those of the par- 
 ticular States. 
 
 Is this reasoning with consistency? Is the senate under 
 the proposed constitution so tremendous a body, when 
 checked in their legislative capacity by the house of repre- 
 sentatives, and in their executive authority by the president 
 of the United States? Can this body be so tremendous 
 as the present congress, a single body of men possessed of 
 legislative, executive and judicial powers? To what purpose 
 was Montesquieu read to show that this was a complete ty- 
 ranny? The application would have been more properly 
 made by the advocates of the proposed constitution, against 
 the patrons of the present confederation. 
 
 It is mentioned that this federal government will annihi- 
 late and absorb all the State governments. I wish to save as 
 much as possible the time of the house: I shall not, therefore, 
 recapitulate what I had the honor of saying last week on this 
 subject; I hope it was then shown, that instead of being 
 abolished (as insinuated) from the very nature of things, and 
 
320 The Debate in the Convention. 
 
 from the organization of the system itself, the State govern- 
 ments must exist, or the general government must fall amidst 
 their ruins; indeed, so far as to the forms, it is admitted they 
 may remain, but the gentlemen seem to think their power 
 will be gone. 
 
 I shall have occasion to take notice of this power hereaf- 
 ter, and, I believe, if it was necessary, it could be shown that 
 the State governments, as States, will enjoy as much power, 
 and more dignity, happiness and security, than they have 
 hitherto done. I admit. Sir, that some of the powers will be 
 taken from them, by the system before you; but it is, I be- 
 lieve, allowed on all hands, at least it is not among us a dis- 
 puted point, that the late convention was appointed with a 
 particular view to give more power to the government of the 
 union : it is also acknowledged, that the intention was to obtain 
 the advantage of an efficient government over the United 
 States; now, if power is to be given to that government, I 
 apprehend it must be taken from some place. If the State 
 governments are to retain all the powers they held before, 
 then, of consequence, every new power that is given to Con- 
 gress must be taken from the people at large. Is this the 
 gentleman's intention? I believe a strict examination of 
 this subject will justify me in asserting that the States, as 
 governments, have assumed too much power to themselves, 
 while they left too little to the people. I^et not this be called 
 cajoling the people — the elegant expression used by the 
 honorable gentleman from Westmoreland (Mr. Findley) — it is 
 hard to avoid censure on one side or the other. At some 
 time it has been said, that I have not been at the pains to 
 conceal my contempt of the people; but when it suits a pur- 
 pose better, it is asserted that I cajole them. I do neither 
 one nor the other. The voice of approbation, Sir, when I 
 think that approbation well earned, I confess is grateful to 
 my ears; but I would disdain it, if it is to be purchased by a 
 sacrifice of my duty, or the dictates of my conscience. No, 
 Sir, I go practically into this system; I have gone into it 
 practically when the doors were shut, when it could not be 
 alleged that I cajoled tha people; and I now endeavor to 
 
The Debate in the Convention. 321 
 
 show that the true and only safe principle for a free people, 
 is a practical recognition of their original and supreme 
 authority. 
 
 I say, Sir, that it was the design of this system, to take 
 some power from the State government, and to place it in 
 the general government. It was also the design, that the 
 people should be admitted to the exercise of some powers 
 which they did not exercise under the present confederation. 
 It was thought proper that the citizens, as well as the States, 
 should be represented; how far the representation in the 
 senate is a representation of States, we shall see by and by, 
 when we come to consider that branch of the federal govern- 
 ment. 
 
 This system, it is said, "unhinges and eradicates the State 
 governments, and was systematically intended so to do;" to 
 establish the intention^ an argument is drawn from Art. ist 
 sect. 4th, on the subject of elections. I have already had 
 occasion to remark upon this, and shall therefore pass on to 
 the next objection — that the last clause of the 8th sect, of 
 the ist article, gives the power of self-preservation to the 
 general government, independent of the States. For in case 
 of their abolition^ it will be alleged in behalf of the general 
 government, that self-preservation is the first law, and neces- 
 sary to the exercise of all other powers. 
 
 Now let us see what this objection amounts to. Who are 
 to have this self-preserving power? The Congress. Who are 
 Congress? It is a body that will consist of a senate and a 
 house of representatives. Who compose this senate ? Those 
 who are elected by the legislatures of the different States. 
 Who are the electors of the house of representatives? Those 
 who are qualified to vote for the most numerous branch of 
 the legislature in the separate States. Suppose the State 
 legislatures annihilated, where is the criterion to ascertain the 
 qualification of electors ? and unless this be ascertained, they 
 cannot be admitted to vote; if a state legislature is not 
 elected, there can be no senate, because the senators are to be 
 chosen by the legislatures only. 
 This is a plain and simple deduction from the constitution, 
 
223 The Debate in the Convention. 
 
 and yet the objection is stated as conclusive upon an argu- 
 ment expressly drawn from the last clause of this section. 
 
 It is repeated, with confidence, ' ' that this is not a federal 
 government, but a complete one, with legislative, executive 
 and judicial powers: it is a consolidating government." I 
 have already mentioned the misuse of the term ; I wish the 
 gentleman would indulge us with his definition of the word. 
 If, when he says it is a consolidation, he means so far as re- 
 lates to the general objects of the union — so far it was in- 
 tended to be a consolidation, and on such a consolidation, 
 perhaps, our very existence, as a nation, depends. If, on the 
 other hand (as something which has been said seems to in- 
 dicate) he (Mr. Pindley) means that it will absorb the govern- 
 ments of the individual States, so far is this position from be- 
 ing admitted, that it is unanswerably controverted. The 
 existence of the State government, is one of the most promi- 
 nent features of this system. With regard to those purposes 
 which are allowed to be for the general welfare of the union, 
 I think it no objection to this plan, that we are told it is a 
 complete government. I think it no objection, that it is al- 
 leged the government will possess legislative, executive and 
 judicial powers. Should it have only legislative authority? 
 We have had examples enough of such a government, to 
 deter us from continuing it. Shall Congress any longer con- 
 tinue to make requisitions from the several States, to be 
 treated sometimes with silent, and sometimes with declared 
 contempt? For what purpose give the power to make laws, 
 unless they are to be executed ? and if they are to be exe- 
 cuted, the executive and judicial powers will necessarily be 
 engaged in the business. 
 
 Do we wish a return of those insurrections and tumults to 
 which a sister State was lately exposed ? or a government 
 of such insufiiciency as the present is found to be ? Let me, 
 Sir, mention one circumstance in the recollection of every 
 honorable gentleman who hears me. To the determination 
 of Congress are submitted all disputes between States, con- 
 cerning boundary, jurisdiction, or right of soil. In conse- 
 quence of this power, after much altercation, expense of time, 
 
The Debate in the Convention. 323 
 
 and considerable expense of money, this State was successful 
 enough to obtain a decree in her favor, in a diflFerence then 
 subsisting between her and Connecticut; but what was the 
 consequence ? the Congress had no power to carry the decree 
 into execution. Hence the distraction and animosity, which 
 have ever since prevailed, and still continue in that part of 
 the country. Ought the government then to remain any 
 longer incomplete ? I hope not; no person can be so insen- 
 sible to the lessons of experience as to desire it. 
 
 It is brought as an objection "that there will be a rival- 
 ship between the State governments and the general govern- 
 ment; on each side endeavors will be made to increase 
 power. ' ' 
 
 Let us examine a little into this subject. The gentlemen 
 tell you. Sir, that they expect the States will not possess any 
 power. But I think there is reason to draw a different con- 
 clusion. Under this system their respectability and power 
 will increase with that of the general government. I believe 
 their happiness and security will increase in a still greater 
 proportion. Let us attend a moment to the situation of this 
 country: it is a maxim of every government, and it ought 
 to be a maxim with us, that the increase of numbers increases 
 the dignity, the security, and the respectability of all govern- 
 ments; it is the first command given by the Deity to man, 
 increase and multiply; this applies with peculiar force to this 
 country, the smaller part of whose territory is yet inhabited. 
 We are representatives, Sir, not merely of the present age, 
 but of future times ; nor merely of the territory along the sea 
 coast, but of regions immensely extended westward. We 
 should fill, as fast as possible, this extensive country, with 
 men who shall live happy, free and secure. To accomplish 
 this great end ought to be the leading view of all our patri- 
 ots and statesmen. But how is it to be accomplished, but by 
 establishing peace and harmony among ourselves, and dignity 
 and respectability among foreign nations? By these means, 
 we may draw numbers from the other side of the Atlantic, 
 in addition to the natural sources of population. Can either 
 of these objects be attained without a protecting head? 
 
324 The Debate in the Convention. 
 
 When we examine history, we shall find an important fact, 
 and almost the only fact, which will apply to all confedera- 
 cies. 
 
 They have all fallen to pieces, and have not absorbed the 
 subordinate governments. 
 
 In order to keep republics together they must have a strong 
 binding force, which must be either external or internal. 
 The situation of this country shows, that no foreign force 
 can press us together; the bonds of our union ought therefore 
 to be indissolubly strong. 
 
 The power of the States, I apprehend, will increase with 
 the population, and the happiness of their inhabitants. Un- 
 less we can establish a character abroad, we shall be unhappy 
 from foreign restraints, or internal violence. These reasons, 
 I think, prove sufGciently the necessity of having a federal 
 head. Under it the advantages enjoyed by the whole union 
 would be participated by every State. I wish honorable gen- 
 tlemen would think not only of themselves, not only of the 
 present age, but of others, and of future times. 
 
 It has been said, "that the State governments will not be 
 able to make head against the general government;" but it 
 might be said with more propriety, that the general govern- 
 ment will not be able to maintain the powers given it against 
 the encroachments and combined attacks of the State govern- 
 ments. They possess some particular advantages, from which 
 the general government is restrained. By this system, there 
 is a provision made in the constitution, that no senator or 
 representative shall be appointed to any civil oifice under 
 the authority of the United States, which shall have been 
 created, or the emoluments whereof shall have been increased, 
 during the time for which he was elected; and no person 
 holding any office under the United States can be a member 
 of either house; but there is no similar security against State 
 influence, as a representative may enjoy places and even 
 sinecures under the State governments. On which side is 
 the door most open to corruption? If a person in the legis- 
 lature is to be influenced by an office, the general govern- 
 ment can give him none unless he vacate his seat. When 
 
The Debate in the Convention. 325 
 
 the influence of office comes from the State government, he 
 can retain his seat and salary too. But it is added, under 
 this head, "that State governments will lose the attachment 
 of the people, by losing the power of conferring advantages, 
 and that the people will not be at the expense of keeping 
 them up." Perhaps the State governments have already 
 become so expensive as to alarm the gentlemen on that head. 
 I am told that the civil list of this State amounted to £i\p,- 
 000, in one year. Under the proposed government, I think 
 it would be possible to obtain in Pennsylvania every advan- 
 tage we now possess, with a civil list that shall not exceed 
 one-third of that sum. 
 
 How differently the same thing is talked of, if it be a 
 favorite or otherwise ! When advantages to an officer are to be 
 derived from the general government, we hear them men- 
 tioned by the name of bribery^ but when we are told of the 
 State governments losing the power of conferring advanta- 
 ges, by the disposal of offices, it is said they will lose the 
 attachment of the people. What is in one instance corruption 
 and bribery, is in another the power of conferring advanta- 
 ges. 
 
 We are informed that ' ' the State elections will be ill at- 
 tended, and that the State governments will become mere 
 boards of electors. ' ' Those who have a due regard for their 
 country, will dischaf ge their duty, and attend ; but those 
 who are brought only from interest or persuasion had better 
 stay away; the public will uot suffer any disadvantage from 
 their absence. But the honest citizen, who knows the value 
 of the privilege, will undoubtedly attend, to secure the man 
 of his choice. The power and business of the State legisla- 
 tures relates to the great objects of life, liberty and property; 
 the same are also objects of the general government. 
 
 Certainly the citizens of America will be as tenacious in 
 
 • the one instance as in the other. They will be interested, 
 
 and I hope will exert themselves, to secure their rights not 
 
 only from being injured by the State governments, but also 
 
 from being injured by the general government. 
 
 "The power over election, and of judging of elections. 
 
326 The Debate in the Convention. 
 
 gives absolute sovereignty;" this power is given to every 
 State legislature, yet I see no necessity that the power of 
 absolute sovereignty should accompany it. My general posi- 
 tion is, that the absolute sovereignty never goes from the 
 people. 
 
 We are told, ' ' that it will be in the power of the senate to 
 prevent any addition of representatives to the lower house." 
 
 I believe their power will be pretty well balanced, and 
 though the senate should have a desire to do this, yet the at- 
 tempt will answer no purpose; for the house of representatives 
 will not let them have a farthing of public money, till they 
 agree to it. And the latter influence will be as strong as the 
 other. 
 
 "Annual assemblies are necessary" it is said — and I an- 
 swer, in many instances they are very proper. In Rhode 
 Island and Connecticut they are elected for six months. In 
 larger States, that period would be found very inconvenient, 
 but in a government as large as that of the United States, I 
 presume that annual elections would be more dispropor- 
 tionate, than elections for six months would be in some of 
 our largest States. 
 
 ' ' The British Parliament took to themselves the prolonga- 
 tion of their sitting to seven years. But even in the British 
 Parliament the appropriations are annual." 
 
 But Sir, how is the argument to apply here? — how are the 
 congress to assume such a power? They cannot assume it 
 under the constitution, for that expressly provides "the 
 members of the house of representatives shall be chosen 
 every two years, by the people of the several States, and the 
 senators for six years." So if they take it at all, they must 
 take it by usurpation and force. 
 
 "Appropriations may be made for two years, — though in 
 the British Parliament they are made but for one. ' ' For some 
 purposes, such appropriations may be made annually, but for 
 every purpose they are not; even for a standing army, they 
 may be made for seven, ten, or fourteen years — the civil list 
 is established during the life of a prince. Another objection 
 is "that the members of the senate may enrich themselves — 
 
The Debate in the Convention. 327 
 
 they may hold their office as long as they live, and there is 
 no power to prevent them; the senate will swallow up every- 
 thing." I am not a blind admirer of this system. Some of 
 the powers of the senators are not with me the favorite parts 
 of it, but as they stand connected with other parts, there is 
 still security against the efforts of that body: it was with 
 great difficulty that security was obtained, and I may risk the 
 conjecture, that if it is not now accepted, it never will be 
 obtained again from the same States. Though the senate 
 was not a favorite of mine, as to some of its powers, yet it 
 was a favorite with a majority in the Union, and we must sub- 
 mit to that majority, or we must break up the Union. It is 
 but fair to repeat those reasons, that weighed with the con- 
 vention; perhaps I shall not be able to do them justice, but 
 yet I will attempt to show, why additional powers were given 
 to the senate, rather, than to the house of representatives. 
 These additional powers, I believe, are, that of trying im- 
 peachments, that of concurring with the President in making 
 treaties, and that of concurring in the appointment of officers. 
 These are the powers that are stated as improper. It is for- 
 tunate, that in the exercise of every one of them, the Senate 
 stands controlled ; if it is that monster which it said to be, it 
 can only show its teeth, it is unable to bite or devour. With 
 regard to impeachments, the senate can try none but such as 
 will be brought before them by the house of representatives. 
 
 The senate can make no treaties ; they can approve of none "' 
 unless the President of the United States lay it before them. 
 With regard to the appointment of officers, the President 
 must nominate before they can vote. So that if the powers of 
 either branch are perverted, it must be with the approbation 
 of some one of the other branches of government: thus 
 checked on each side, they can do no one act of themselves. ? 
 
 ' ' The powers of Congress extend to taxation, to direct tax- 
 ation, to internal taxation, to poll taxes, to excises, to other 
 State and internal purposes." Those who possess the power 
 to tax, possess all other sovereign power. That their powers 
 are thus extensive is admitted; and would any thing short of 
 this have been sufficient? is it the wish of these gentlemen? 
 
328 The Debate in the Convention. 
 
 If it is, let us hear their sent'iments, that the general govern- 
 ment should subsist on the bounty of the States. Shall it 
 have the power to contract, and no power to fulfil the con- 
 tract? Shall it have the power to borrow money, and no 
 power to pay the principal or interest? Must we go on, in 
 the track that we have hitherto pursued ? and must we again 
 compel those in Europe, who lent us money in our distress, 
 to advance the money to pay themselves interest on the certi- 
 ficates of the debts due to them ? 
 
 This was actually the case in Holland, the last year. I^ike 
 those who have shot one arrow, and cannot regain it, they 
 have been obliged to shoot another in the same direction, in 
 order to recover the first. It was absolutely necessary. Sir, 
 that this government should possess these rights, and why 
 should it not as well as the State governments? Will this 
 government be fonder of the exercise of this authority, than 
 those of the States are? Will the States, who are equally re- 
 presented in one branch of the legislature, be more opposed 
 to the payment of what shall be required by the future, than 
 what has been required by the present Congress? Will the 
 people, w> must indisputably pay the whole, have more 
 objections to the payment of this tax, because it is laid by 
 persons of their own immediate appointment, even if those 
 taxes were to continue as oppressive as they now are? — but 
 under the general power of this system, that cannot be the 
 case in Pennsylvania. Throughout the union, direct taxa- 
 tion will be lessened, at least in proportion to the increase 
 of the other objects of revenue. In this constitution, a power 
 is given to Congress to collect imposts, which is not given 
 by the present articles of confederation. A very consider- 
 able part of the revenue of the United States will arise from 
 that source; it is the easiest, most just, and most productive 
 mode of raising revenue ; and it is a safe one, because it is 
 voluntary. No man is obliged to consume more than he 
 pleases, and each buys in proportion only to his consumption. 
 The price of the commodity is blended with the tax, and 
 the person is often not sensible of the payment. But would 
 it have been proper to have rested the matter there? Sup- 
 
The Debate in the Convention, 339 
 
 pose the funds should not prove sufficient, ought the public 
 debts to remain unpaid? — or the exigencies of government 
 be left unprovided for? Should our tranquility be exposed 
 to the assaults of foreign enemies, or violence among our- 
 selves, because the objects of commerce may not furnish a 
 sufficient revenue to secure them all? Certainly Congress 
 should possess the power of raising revenue from their con- 
 stituents, for the purpose mentioned in the eighth section 
 of the first article, that is "to pay the debts and provide for 
 the common defence and general welfare of the United 
 States. ' ' It has been common with the gentlemen, on this 
 subject, to present us with frightful pictures. We are told 
 of the hosts of tax-gatherers that will swarm through the 
 land; and whenever takes are mentioned, military force 
 seems to be an attending idea. I think I may venture to 
 predict, that the taxes of the general government (if any 
 shall be laid) will be more equitable, and much less expen- 
 sive, than those imposed by the State government. 
 
 I shall not go into an investigation of this subject; but it 
 must be confessed, that scarcely any mode of laying and col- 
 lecting taxes can be more burdensome than the present. 
 
 Another objection is, ' ' that Congress may borrow money, 
 keep up standing armies, and command the militia." The 
 present Congress possesses the power of borrowing money and 
 of keeping up standing armies. Whether it will be proper 
 at all times to keep up a body of troops, will be a question 
 to be determined by Congress ; but I hope the necessity will 
 not subsist at all times; but if it should subsist, where is the 
 gentleman that will say that they ought not to possess the 
 necessary power of keeping them up? 
 
 It is urged, as a general objection to this system, that "the 
 powers of Congress are unlimited and undefined, and that 
 they will be the judges, in all cases, of what is necessary and 
 proper for them to do." To bring this subject to your view, 
 I need do no more than point to the words in the constitution, 
 beginning at the 8th sect. art. ist. " The Congress (it says) 
 shall have power, &c. ' ' I need not read over the words, but 
 I leave it to every gentleman to say whether the powers are 
 
330 
 
 The Debate in the Convention. 
 
 not as accurately and minutely defined, as can be well done 
 on the same subject, in the same language. The old consti- 
 tution is as strongly marked on the subject; and even the 
 concluding clause, with which so much fault has been found, 
 gives no more, or other powers; nor does it in any degree 
 go beyond the particular enumeration; for when it is said, 
 that Congress shall have power to make all laws which shall 
 be necessary and proper, those words are limited, and defined 
 by the following, "for carrying into execution the forego- 
 ing powers. " It is saying no more than that the powers we 
 have already particularly given, shall be effectually carried 
 into execution. 
 
 I shall not detain the house, at this time, with any further 
 observations on the liberty of the press, until it is shown that 
 Congress have any power whatsoever to interfere with it, by 
 licensing it, or declaring what shall be a libel. 
 
 I proceed to another objection, which was not so fully 
 stated as I believe it will be hereafter; I mean the objection 
 against the judicial department. The gentleman from West- 
 moreland only mentioned it to illustrate his objection to the 
 legislative department. He said "that the judicial powers 
 were so co-extensive with the legislative powers, and extend 
 even to capital cases. ' ' I believe they ought to be co-exten- 
 sive, otherwise laws would be framed, that could not be exe- 
 cuted. Certainly, therefore, the executive and judicial de- 
 partments ought to have power commensurate to the extent 
 of the laws ; for, as I have already asked, are we to give power 
 to make laws, and no power to carry them into effect? 
 
 I am happy to mention the punishment annexed to one 
 crime. You will find the current running strong in favor of 
 humanity. For this is the first instance in which it has not 
 been left to the legislature, to extend the crime and punish- 
 ment of treason so far as they thought proper. This punish- 
 ment, and the description of this crime, are the great sources 
 of danger and persecution, on the part of government against 
 the citizen. Crimes against the state! and against the offi- 
 cers of the state! History informs us, that more wrong may 
 be done on this subject than on any other whatsoever. But 
 
The Debate in the Convention. 331 
 
 under this constitution, there can be no treason against the 
 United States, except such as is defined in this constitution. 
 The manner of trial is clearly pointed out; the positive testi- 
 mony of two witnesses to the same overt act, or a confession 
 in open court, is required to convict any person of treason. 
 And after all, the consequence of the crime shall extend no 
 further than the life of the criminal; for no attainder of 
 treason shall work corruption of blood, or forfeiture, except 
 during the life of the person attainted. 
 
 I come now to consider the last set of objections that are 
 offered against this constitution. It is urged, that this is not 
 such a system as was within the powers of the convention; 
 they assumed the power of proposing. I believe they might 
 have made proposals without going beyond their powers. 
 I never heard before, that to make a proposal was an exer- 
 cise of power. But if it is an exercise of power, they certainly 
 did assume it; yet they did not act as that body who framed 
 the present constitution of Pennylvania acted; they did not 
 by an ordinance attempt to rivet the constitution on the 
 people, before they could vote for members of assembly under 
 it. Yet such was the effect of the ordinance that attended 
 the constitution of this commonwealth. I think the late 
 convention have done nothing beyond their powers. The 
 fact is, they have exercised no power at all. And in point 
 of validity, this constitution proposed by them for the gov- 
 ernment of the United States, claims no more than a pro- 
 duction of the same nature would claim, flowing from a pri- 
 vate pen. It is laid before the citizens of the United States, 
 unfettered by restraint; it is laid before them, to be judged 
 by the natural, civil and political rights of men. By their 
 FIAT, it will become of value and authority; wit?iout it, it 
 will never receive the character of authenticity and power. 
 The business, we are told, which was entrusted to the late 
 convention, was merely to amend the present articles of con- 
 federation. This observation has been frequently made, and 
 has often brought to my mind a story that is related of Mr. 
 Pope, who it is well known, was not a little deformed. It 
 was customary with him, to use this phrase, ' ' God mend 
 
332 
 
 The Debate in the Convention. 
 
 me," when any little incident happened. One evening a 
 link boy was lighting him along, and coming to a gutter, 
 the boy jumped nimbly over it — Mr. Pope called to him to 
 turn, adding, "God mend me:" The arch rogue turned 
 to light him — looked at him, and repeated, "God mend 
 you! he would sooner make a half-a-dozen new ones." This 
 would apply to the present confederation; for it would be 
 easier to make another than to mend this. The gentlemen 
 urge, that this is such a government as was not expected by 
 the people, the legislatures, nor by the honorable gentlemen 
 who mentioned it. Perhaps it was not such as was ex- 
 pected, but it may be BAXTER ; and is that a reason why it 
 should not be adopted? It is not worse, I trust, than the for- 
 mer. So that the argument of its being a system not ex- 
 pected, is an argument more strong in its favor than against 
 it. The letter which accompanies this constitution, must 
 strike every person with the utmost force. " The friends of 
 our country have long seen and desired the power of war, 
 peace and treaties, that of levying money and regulating 
 commerce, and the corresponding executive and judicial 
 authorities, should be fully and effectually vested in the 
 general government of the union; but the impropriety of 
 delegating such extensive trust to one body of men, is evi- 
 dent. Hence results the necessity of a different organisation.^ ' 
 I therefore do not think it can be urged as an objection 
 against this system, that it was not expected by the people. 
 We are told, to add greater force to these objections, that 
 they are not on local, but on general principles, and that 
 they are uniform throughout the United States. I confess I 
 am not altogether of that opinion; I think some of the objec- 
 tions are inconsistent with others, arising from a different 
 quarter, and I think some are inconsistent even with those 
 derived from the same source. But, on this occasion, let us 
 take the fact for granted, that they are all on general princi- 
 ples, and uniform throughout the United States. Then we 
 can judge of their full amount; and what are they, BUT 
 TRiFi^BS iviGHT AS AIR? We see the whole force of them; 
 for according to the sentiments of opposition, they can no 
 
The Debate in the Convention. 333 
 
 where be stronger, or more fully stated, than here. The con- 
 clusion, from all these objections, is reduced to a point, and 
 the plan is declared to be inimical to our liberties. I have 
 said nothing, and mean to say nothing, concerning the dispo- 
 sitions or characters of those that framed the work now before 
 you. I agree that it ought to be judged by its own intrinsic 
 qualities. If it has not merit, weight of character ought not 
 to carry it into effect. On the other hand, if it has merit and 
 is calculated to secure the blessings of liberty and to promote 
 the general welfare, then such objections as have hitherto 
 been made ought not to influence us to reject it. 
 
 I am now led to consider those qualities that this system 
 of government possesses, which will entitle it to the attention 
 of the United States. But as I have somewhat fatigued my- 
 self, as well as the patience of the honorable members of this 
 house, I shall defer what I have to add on this subject until 
 the afternoon. 
 
 Before I proceed to consider those qualities in the consti- 
 tution before us, which I think will endure in our approba- 
 tion, permit me to make some remarks, and they shall be 
 very concise, upon the objections that were offered this fore- 
 noon, by the member from Fayette (Mr. Smilie). I do it at 
 this time, because I think it will be better to give a satisfac- 
 tory answer to the whole of the objections, before I proceed to 
 the other part of my subject. I find that the doctrine of a 
 single legislature is not to be contended for in this constitu- 
 tion. I shall therefore say nothing on that point. I shall 
 consider that part of the system, when we come to view its 
 excellencies. Neither shall I take particular notice of his 
 observation on the qualified negative of the president; for 
 he finds no fault with it; he mentions, however, that he 
 thinks it a vain and useless power, because it can never be 
 executed. The reason he assigns for this is, that the king 
 of Great Britain, who has an absolute negative over the laws 
 proposed by parliament, has never exercised it, at least 
 not for many years. It is true, and the reason why he did ' 
 not exercise it, was, that during all that time, the king pos- 
 sessed a negative before the bill had passed through the two 
 
334 The Debate in the Convention. 
 
 houses; a much stronger power than a negative after debate. 
 I believe, since the revolution, at the time of William the 
 Third, it was never known that a bill disagreeable to the 
 crown passed both houses. At one time in the reign of 
 Queen Anne, when there appeared some danger of this being 
 effected, it is well known that she created twelve peers, and 
 by that means effectually defeated it. Again, there was 
 some risk of late years in the present reign, with regard to 
 Mr. Fox's Kast-India bill, as it is usually called, that passed 
 through the house of commons, but the king had interest 
 enough in the house of peers, to have it thrown out; thus it 
 never came up for the royal assent. But that is no reason 
 why this negative should not be exercised here, and exer- 
 cised with great advantage. Similar powers are known in 
 more than one of the States. The governors of Massachusetts 
 and New York have a power similar to this; and it has been 
 exercised frequently, to good effect. 
 
 I believe the governor of New York, under this power, 
 has been known to send back five or six bills in a week; and 
 I well recollect that at the time the funding system was 
 adopted by our legislature, the people in that State considered 
 the negative of the governor as a great security that their 
 legislature would not be able to incumber them by a similar 
 measure. Since that time an alteration has been supposed 
 in the governor's conduct, but there has been no alteration 
 in his power. 
 
 The honorable gentleman from Westmoreland (Mr. Find- 
 ley) by his highly refined critical abilities, discovers an in- 
 consistency in this part of the constitution and that which 
 declares, in section first: "All legislative powers, herein 
 granted, shall be vested in the Congress of the United States, 
 which shall consist of a senate and a house of representa- 
 tives, ' ' and yet here, says he, is a power of legislation given 
 to the president of the United States, because every bill, be- 
 fore it becomes a law, shall be presented to him: thus he 
 is said to possess legislative powers. Sir, the convention ob- 
 served on this occasion strict propriety of language; "if he 
 approve the bill when it is sent, he shall sign it, but if not. 
 
The Debate in the Convention. 335 
 
 he shall rehirn it;" but no bill passes in consequence of 
 having his assent — therefore he possesses no legislative au- 
 thority. 
 
 The effect of his power, upon this subject, is merely this: 
 if he disapproves a bill, two-thirds of the legislature become 
 necessary to pass it into a law, instead of a bare majority. 
 And when two-thirds are in favor of the bill, it becomes a 
 law, not by his, but by authority of the two houses of the 
 legislature. We are told, in the next place, by the honorable 
 gentleman from Fayette (Mr. Smilie) that in the different 
 orders of mankind, there is that of a natural aristocracy. On 
 some occasions, there is a kind of magical expression, used to 
 conjure up ideas, that may create uneasiness and apprehen- 
 sion. I hope the meaning of the words is understood by the 
 gentleman who used them. I have asked repeatedly of gen- 
 tlemen to explain, but have not been able to obtain the ex- 
 planation of what they meant by a consolidated government. 
 They keep round and round about the thing, but never de- 
 fine. I ask now what is meant by a natural aristocracy? I 
 am not at a loss for'the etymological definition of the term, 
 for, when we trace it to the language from which it is de- 
 rived, an aristocracy means nothing more or less than a 
 government of the best men in the community, or those who 
 are recommended by the words of the constitution of Penn- 
 sylvania, where it is directed, that the representatives should 
 consist of those most noted for wisdom and virtue. Is there 
 any danger in such representation? I shall never find fault, 
 that such characters are employed. Happy for us, when 
 such characters can be obtained. If this is meant by a 
 natural aristocracy, and I know no other, can it be objection- 
 able that men should be employed that are most noted for 
 their virtue and talents? And are attempts made to mark 
 out these as the most improper persons for the public confi- 
 dence? 
 
 I had the honor of giving a definition, and I believe it was 
 a just one, of what is called an aristocratic government. It 
 is a government where the supreme power is not retained by 
 the people, but resides in a select body of men, who either fill 
 
336 The Debate in the Convention. 
 
 up the vacancies that happen by their own choice and elec- 
 tion, or succeed on the principle of descent, or by virtue of 
 territorial possessions, or some other qualifications that are 
 not the result of personal properties. When I speak of per- 
 sonal properties, I mean the qualities of the head and the dis- 
 position of the heart. 
 
 We are told that the representatives will not be known to 
 the people, nor the people to the representatives, because they 
 will be taken from large districts where they cannot be par- 
 ticularly acquainted. There has been some experience in 
 several of the States upon this subject, and I believe the ex- 
 perience of all who have had experience, demonstrates that 
 the larger the district of election, the better the representa- 
 tion. It is only in remote corners of a government, that 
 little demagogues arise. Nothing but real weight of charac- 
 ter, can give a man real influence over a large district. This 
 is remarkably shown in the commonwealth of Massachusetts. 
 The members of the house of representatives are chosen in 
 very small districts, and such has been the influence of party 
 cabal and little intrigue in them, that a great majority'seem 
 inclined to show very little disapprobation of the conduct of 
 the insurgents in that State. 
 
 The governor is chosen by the people at large, and that 
 State is much larger than any district need be under the pro- 
 posed constitution. In their choice of their governor, they 
 have had warm disputes; but however warm the disputes, their 
 choice only vibrated between the most eminent characters. 
 Four of their candidates are well known ; Mr. Hancock, Mr. 
 Bowdoin, General lyincoln, and Mr. Gorham, the late presi- 
 dent of Congress. 
 
 I apprehend it is of more consequence to be able to know 
 the true interest of the people, than their faces; and of more 
 consequence still, to have virtue enough to pursue the means 
 of carrying that knowledge usefully into effect. And surely 
 when it has been thought hitherto, that a representation in 
 Congress of from five to two members, was sufficient to re- 
 present the interest of this State, is it not more than suffi- 
 cient to have ten members in that body? and those in a 
 
The Debate in the Convention. 337 
 
 greater com parative proportion than heretofore ? The citizens 
 of Pennsylvania will be represented by eight, and the State 
 by two. This, certainly, though not gaining enough, is 
 gaining a good deal; the members will be more distributed 
 through the State, being the immediate choice of the people, 
 who hitherto have not been represented in that body. It is 
 said that the house of representatives will be subject to cor- 
 ruption, and the senate possess the means of corrupting, by 
 the share they have in the appointment to office. This was 
 not spoken in the soft language of attachment to government. 
 It is perhaps impossible, with all the caution of legislators 
 and statesmen, to exclude corruption and undue influence 
 entirely from government. All that can be done, upon this 
 subject, is done in the constitution before you. Yet it be- 
 hoves us to call out, and add, every guard and preventative 
 in our power. I think, Sir, something very important, on 
 this subject, is done in the present system. For it has. been 
 provided, effectually, that the man that has been bribed by 
 an office, shall have it no longer in his power to earn his 
 wages. The moment he is engaged to serve the senate,, in 
 consequence of their gift, he no longer has it in his power to 
 sit in the house of representatives. For ' ' no representative 
 shall, during the term for which he was elected, be appointed 
 to any civil office, under the authority of the United States,, 
 which shall have been created, or the emoluments whereof 
 shall have been increased during such time. ' ' And the fol- 
 lowing annihilates corruption of that kind : ' ' and no person 
 holding any office under the United States, shall be a mem- 
 ber of either house, during his continuance in office. ' ' So 
 that the mere acceptance of an office as a bribe, effectually 
 destroys the end for which it was offered. Was this attended 
 to when it was mentioned, that the members of the one 
 house could be bribed by the other? "But the members of 
 the senate may enrich themselves, ' ' was an observation made 
 as an objection to this system. As the mode of doing this 
 has not been pointed out, I apprehend the objection is not 
 much relied upon. The senate are incapable of receiving any 
 money except what is paid them out of the public treasury. 
 
338 The Debate in the Convention. 
 
 They cannot vote to themselves a single penny, unless the 
 proposition originates from the other house. This objection 
 therefore is visionary like the following one, ' ' that pictured 
 group, that numerous host and prodigious swarm of officers, 
 which are to be appointed under the general government. ' ' 
 The gentlemen tell you that there must be judges of the su- 
 preme and judges of the inferior courts, with all their appen- 
 dages. There will be tax-gatherers swarming throughout the 
 land. Oh! say they, if we could ennumerate the offices and 
 the numerous officers that must be employed every day in 
 collecting and receiving and comptroUing the moneys of the 
 United States, the number would be almost beyond imagina- 
 tion. I have been told, but I do not vouch for the fact, that 
 there are not in some shape or another more than a thousand 
 persons in this very state who get their living in assessing 
 and collecting our revenues from the other citizens. Sir, 
 when this business of revenue is conducted on a general plan, 
 we may be able to do the business of the thirteen states 
 with an equal, nay, with a less number — instead of thirteen 
 comptroller generals, one comptroller will be sufficient; I 
 apprehend that the number of officers under this system will 
 be greatly reduced from the number now employed. For as 
 congress can now do nothing effectually, the states are obliged 
 to do everything. And in this very point, I apprehend that 
 we shall be great gainers. 
 
 Sir, I confess I wish the powers of the senate were not as 
 they are. I think it would have been better if those powers 
 had been distributed in other parts of the system. I men- 
 tioned some circumstances in the forenoon, that I had ob- 
 served on this subject. I may mention now, we may think 
 ourselves very well off. Sir, that things are as well as they 
 are, and that that body is even so much restricted. But 
 surely objections of this kind come with a bad grace from the 
 advocates, or those who prefer the present confederation, 
 and who wish only to increase the powers of the present Con- 
 gress. A single body, not constituted with checks like the 
 proposed one, who possess not only the power of making 
 treaties, but executive powers, would be a perfect despotism: 
 
The Debate in the Convention. 339 
 
 but, further, these powers are, in the present confederation, 
 possessed without control. 
 
 As I mentioned before, so I will beg leave to repeat, that 
 this senate can do nothing without the concurrence of some 
 other branch of the government. With regard to their con- 
 cern in the appointment to offices, the president must nomi- 
 nate before they can be chosen; the president must acqui- 
 esce in that appointment. With regard to their power in 
 forming treaties, they can make none, they are only auxil- 
 iaries to the president. They must try all impeachments ; 
 but they have no power to try any until presented by the house 
 of representatives ; and when I consider this subject, though 
 I wish the regulations better, I think no danger to the liber- 
 ties of this country can arise even from that part of the sys- 
 tem. But these objections, I say, come with a bad grace 
 from those who prefer the present confederation, who think 
 it only necessary to add more powers to a body organized in 
 that form. I confess, likewise, that by combining those pow- 
 ers, of trying impeachments, and making treaties, in the 
 same body, it will not be so easy as I think it ought to be, 
 to call the senators to an account for any improper conduct 
 in that business. 
 
 Those who proposed this system, were not inattentive to 
 do all they could. I admit the force of the observation, made 
 by the gentleman from Fayette (Mr. Smilie) that when two- 
 thirds of the senate concur in forming a bad treaty, it will 
 be hard to procure a vote of two-thirds against them, if they 
 should be impeached. I think such a thing is not to be ex- 
 pected ; and so far they are withoiit that immediate degree of 
 responsibility, which I think requisite to make this part of 
 the work perfect. But this will not be always the case. 
 When a member of senate shall behave criminally, the 
 criminality will not expire with his office. The senators 
 may be called to account after they shall have been changed, 
 and the body to which they belonged shall have been altered. 
 There is a rotation; and every second year one- third of the 
 whole number go out. Every fourth year two-thirds of them 
 are changed. In six years the whole body is supplied by a 
 
340 The Debate in the Convention. 
 
 new one. Considering it in this view, responsibility is not 
 entirely lost. There is another view in which it ought to be 
 considered, which will show that we have a greater degree 
 of security. Though they may not be convicted on impeach- 
 ment before the senate, they may be tried by their country: 
 and if their criminality is established, the law will punish. 
 A grand jury may present, a petty jury may convict, and 
 the judges will pronounce the punishment. This is all that 
 can be done under the present confederation, for under it 
 there is no power of impeachment; even here then we gain 
 something. Those parts that are exceptionable in this con- 
 stitution, are improvements on that concerning which so 
 much pains are taken to persuade us, that it is preferable to 
 the other. 
 
 The last observation respects the judges. It is said that 
 if they dare to decide against the law, one house will impeach 
 them, and the other will convict them. I hope gentlemen 
 will show how this can happen', for bare supposition ought 
 not to be admitted as proof. The judges are to be im- 
 peached, because they decide an act null and void, that was 
 made in defiance of the constitution ! What house of repre- 
 sentatives would dare to impeach, or senate to commit judges 
 for the performance of their duty? These observations are 
 of a similar kind to those with regard to the liberty of the 
 press. 
 
 I will now proceed to take some notice of those qualities 
 in this constitution, that I think entitle it to our respect and 
 favor. I have not yet done. Sir, with the great principle 
 on which it stands; I mean the practical recognition of this 
 doctrine, that in the United States the people retain the 
 supreme power. 
 
 In giving a definition of the simple kinds of government 
 known throughout the world, I have occasion to describe 
 what I meant by a democracy; and I think I termed it, that 
 government in which the people retain the supreme power, 
 and exercise it either collectively or by representation. This 
 constitution declares this principle in its terms and in its 
 consequences, which is evident from the manner in which 
 
The Debate in the Convention. 341 
 
 it is announced — "We, the people oe the United 
 States, After all the examination which I am able to 
 give the subject, I view this as the only suflacient and the 
 most honorable basis, both for the people and government, 
 on which our constitution can possibly rest. What are all 
 the contrivances of states, of kingdoms and empires? What 
 are they all intended for? They are all intended for man, 
 and our natural character and natural rights are certainly 
 to take place, in preference to all artificial refinements that 
 human wisdom can devise. 
 
 I am astonished to hear the ill-founded doctrine, that 
 States alone ought to be represented in the federal govern- 
 ment; these must possess sovereign authority forsooth, and 
 the people be forgot! No: let us reascend to first principles. 
 That expression is not strong enough to do my ideas justice. 
 Let us RETAIN first principles. The people of the United 
 States are now in the possession and exercise of their original 
 rights, and while this doctrine is known and operates, we 
 shall have a cure for every disease. 
 
 I shall mention another good quality belonging to this 
 system. In it the legislative, executive and judicial powers 
 are kept nearly independent and distinct. I express myself 
 in this guarded manner because I am aware of some powers 
 that are blended in the senate. They are but few, and they 
 are not dangerous. It is an exception, yet that exception 
 consists of but few instances and none of them dangerous, i 
 believe in no constitution for any country on earth is this 
 great principle so strictly adhered to or marked with so much 
 precision and accuracy as in this. It is much more accurate 
 than that which the honorable gentleman so highly extols, I 
 mean the constitution of England. There, Sir, one branch of 
 the legislature can appoint the members of another. The 
 king has the power of introducing members into the House 
 of Lords. I have already mentioned that in order to obtain 
 a vote, twelve peers were poured into that house at one time ; 
 the operation is the same as might be under this constitution 
 if the president had a right to appoint the members of the 
 senate. This power of the king's extends into the other 
 
342 The Debate in the Convention. 
 
 branch, where, though he cannot immediately introduce a 
 member, yet he can do it remotely by virtue of his preroga- 
 tive as he may create boroughs with power to send members to 
 the House of Commons. The House of Lords form a much 
 stronger exception to this principle than the senate in this 
 system; for the House of I/ords possess judicial powers, not 
 only that of trying impeachments, but that of trying their 
 own members, and civil causes when brought before them 
 from the courts of chancery and the other courts in England. 
 ■ If we therefore consider this constitution with regard to 
 this special object, though it is not so perfect as I would 
 wish, yet it is more perfect than any other government that I 
 know. 
 
 I proceed to another property which I think will recom- 
 mend it to those who consider the effects of beneficence and 
 wisdom. I mean the division of this legislative authority into 
 two branches. I had an opportunity of dilating somewhat on 
 this subject before, and as it is not likely to afford a subject 
 of debate, I shall take no further notice of it, than barely to 
 mention it. The next good quality that I remark is that the 
 executive authority is one ; by this means we obtain very im- 
 portant advantages. We may discover from history, from 
 reasoning, and from experience, the security which this fur- 
 nishes. The executive power is better to be trusted when it 
 has no screen. Sir, we have a responsibility in the person of 
 our president; he cannot act improperly and hide either his 
 negligence or inattention ; he cannot roll upon any other per- 
 son the weight of his criminality. No appointment can take 
 place without his nomination ; and he is responsible for every 
 nomination he makes. We secure vigor. We well know what 
 numerous executives are; we know there is neither vigor, 
 decision nor responsibility in them. Add to all this: That 
 ofScer is placed high, and is possessed of power far from be- 
 ing contemptible, yet not a single privilege is annexed to his 
 character; far from being above the laws, he is amenable to 
 them in his private character as a citizen, and in his public 
 character by impeachment. 
 
 Sir, it has often been a matter of surprise, and frequently 
 
The Debate in the Convention. 343 
 
 complained of even in Pennsylvania, that the independence 
 of the judges is not properly secured. The servile depen- 
 dence of the judges, in some of the States, that have neg- 
 lected to make proper provision on this subject, endangers 
 the liberty and property of the citizen; and I apprehend that 
 whenever it has happened that the appointment has been for 
 a less period than during good behaviour, this object has not 
 been sufficiently secured; for if every five or seven years the 
 judges are obliged to make court for a re-appointment to of- 
 fice, they cannot be styled independent. This is not the case 
 with regard to those appointed under the general government, 
 for the judges here shall hold their offices during good be- 
 haviour. I hope no further objections will be taken against 
 this part of the constitution, the consequence of which will 
 be that private property (so far as it comes before their courts) 
 and personal liberty, so far as it is not forfeited by crimes, 
 will be guarded with firmness and watchfulness. 
 
 It may appear too professional to descend into observations 
 of this kind, but I believe that public happiness, personal 
 liberty and private property, depend essentially upon the able 
 and upright determinations of independent judges. 
 
 Permit me to make one more remark on the subject of the 
 judicial department. Its objects are extended beyond the 
 bounds of power of every particular State, and therefore must 
 be proper objects of the general government. I do not recol- 
 lect any instance where a case can come before the judiciary 
 of the United States that could possibly be determined by a 
 particular State, except one, which is, where citizens of the 
 same state claim lands under the grant of different States, 
 and in that instance the power of the two States necessarily 
 comes in competition; wherefore there would be great im- 
 propriety in having it determined by ei.ther, 
 
 Sir, I think there is another subject with regard to which 
 this constitution deserves approbation. I mean the accuracy 
 with which the line is drawn between the powers of the gen- 
 eral government, and that of the particular State govern- 
 ments. We have heard some general observations on this 
 subject, from the gentlemen who conduct the opposition. 
 
344 The Debate in the Convention. 
 
 They have asserted that these powers are unlimited and un- 
 defined. These words are as easily pronounced as limited and 
 defined. They have already been answered by my honorable 
 colleague (Mr. M'Kean) therefore, I shall not enter into an 
 explanation; but it is not pretended, that the line is drawn 
 with mathematical precision; the inaccuracy of language 
 must, to a certain degree, prevent the accomplishment of such 
 a desire. Whoever views the matter in a true light, will see 
 that the powers are as minutely enumerated and defined as 
 was possible, and will also discover that the general clause, 
 against which so much exception is taken, is nothing more 
 than what was necessary to render effectual the particular 
 powers that are granted. 
 
 But let us suppose (and the supposition is very easy in the 
 minds of the gentlemen on the other side) that there is some 
 difficulty in ascertaining where the true line lies. Are we 
 therefore thrown into despair? Are disputes between the 
 general government and the State governments to be neces- 
 sarily the consequence of inaccuracy? I hope. Sir, they will 
 not be the enemies of each other, or resemble comets in 
 conflicting orbits mutually operating destruction: but that 
 their motion will be better represented by that of the plane- 
 tary system, where each part moves harmoniously within its 
 proper sphere, and no injury arises by interference or opposi- 
 tion. Every part, I trust, will be considered as a part of the 
 United States. Can any cause of distrust arise here? Is 
 there any increase of risk? or rather are not the enumerated 
 powers as well defined here as in the present articles of con- 
 federation ? 
 
 Permit me to proceed to what I deem another excellency 
 of this system — all authority of every kind is derived by REP- 
 RESENTATION from the PEOPIyE and the DEMOCRATIC 
 principle is carried into every part of the government. I had 
 an opportunity when I spoke first of going fully into an elu- 
 cidation of this subject. I mean not now to repeat what I 
 then said. 
 
 I proceed to another quality that I think estimable in this 
 system, it secures in the strongest manner the right of suffrage. 
 
The Debate in the Convention. 345 
 
 Montesquieu, book 2d, ch. 2d, speaking of laws relative to 
 democracy, says: 
 
 "When the body of the people is possessed of the SUPRKJIK 
 POWER, this is called a democracy. When thesuPRKMK 
 POWER is lodged in the hands of a part of the people, it is 
 then an aristocracy. 
 
 "In a democracy the people are in some respects the sove- 
 reign, and in others the subject. 
 
 "There can be no exercise of sovereignty but by their suf- 
 frages, which are their own will. Now, the sovereign's will 
 is the sovereign himself. The laws, therefore, which estab- 
 lish the right of suffrage are fundamental to this government. 
 And indeed it is as important to regulate in a republic in 
 what manner, by whom, to whom, and concerning what, 
 suffrages are to be given, as it is in a monarchy, to know 
 who is the prince, and after what manner he ought to gov- 
 ern. ' ' 
 
 In this system it is declared that the electors in each state 
 shall have the qualification requisite for electors of the most 
 numerous branch of the state legislature. This being made 
 the criterion of the right of suffrage, it is consequently se- 
 cured, because the same constitution gtcarantees to every state 
 in the union a republican form of government. The right of 
 suffrage is fundamental to republics. 
 
 Sir, there is another principle that I beg leave to mention. 
 Representation and direct taxation under this constitution are 
 to be according to numbers. As this is a subject which I be- 
 lieve has not been gone into in this house, it will be worth while 
 to show the sentiments of some respectable writers thereon. 
 Montesquieu, in considering the requisites in a confederate 
 republic, book 9th, ch. 3d, speaking of Holland observes, "It 
 is difficult for the United States to be all of equal power and 
 extent. The Lycian * republic was an association of twenty- 
 three towns; the large ones had three votes in the common 
 council, the middling ones two, and the small towns one. 
 The Dutch republic consists of seven provinces of different 
 extent of territory which have each one voice. 
 
 * Strabo, lib. 14. 
 
346 The Debate in the Convention. 
 
 The cities of Lycda* contributed to the expenses of the state 
 according to the proportion of suffrages. The provinces of the 
 United Netherlands cannot follow this proportion ; they must 
 be directed by that of their power. 
 
 In Lyciaf the judges and town magistrates were elected by 
 the common council, a7id according to the proportion already 
 mentioned. In the republic of Holland, they are not chosen 
 by the common council, but each town names its magistrates, 
 Were I to give a model of an excellent confederate republic, 
 I should pitch upon that of Lycia, 
 
 I have endeavored, in all the books that I could have access 
 to, to acquire some information relative to the lyycian repub- 
 lic, but its history is not to be found ; the few facts that relate 
 to it are mentioned only by Strabo ; and however excellent 
 the model it might present, we were reduced to the necessity 
 of working without it. Give me leave to quote the sentiments 
 of another author, whose peculiar situation and extensive 
 worth throws a lustre on ail he says — I mean Mr. Neckar — 
 whose ideas are very exalted both in theory and practical 
 knowledge on this subject. He approaches the nearest to the 
 truth in his calculations from experience, and it is very re- 
 markable that he makes use of that expression. His words 
 are: J "Population can therefore be only looked on as an ex- 
 ^ct measure of comparison, when the provinces have resources 
 nearly equal ; but even this imperfect rule of proportion ought 
 not to be neglected. And of all the objects which may be 
 subjected to a determined and positive calculation, that of the 
 taxes to the population approaches nearest to the truth," 
 
 Another good quality in this constitution is, that the mem- 
 bers of the legislature cannot hold offices under the authority 
 of this government. The operation of this, I apprehend, would 
 be found to be very extensive and very salutary in this coun- 
 try, to prevent those intrigues, those factions, that corruption, 
 that would otherwise rise here, and have risen so plentiful in 
 every other country. The reason why it is necessary in Eng- 
 land to continue such influence, is that the crown, in order 
 to secure its own influence against two other branches of the 
 
 * strabo, lib. 14. f Ibid. % Neckar on Fiuaiice, vol. i., p. 30S. 
 
The Debate in the Convention, 347 
 
 legislature, must continue to bestow places, but those ptacef 
 produce the opposition which frequently runs so strong in the 
 British Parliament. 
 
 Members who do not enjoy ofEces combine against those 
 who do enjoy them. It is not from principle that they thwart 
 the ministry in all its operations. No; their language is: 
 Let us turn them out and succeed to their places. The great 
 source of corruption in that country, is that persons may hold 
 offices under the crown, and seats in the legislature at the 
 same time. 
 
 I shall conclude at present, and I have endeavored to be as 
 concise as possible, with mentioning that, in my humble 
 opinion, the powers of the general government are necessary 
 and well defined; that the restraints imposed on it, and those 
 imposed on the State governments, are rational and salutary, 
 and that it is entitled to the approbation of those for whom 
 it was intended. 
 
 I recollect, on a former day, the honorable gentleman from 
 Westmoreland (Mr. Findley), and the honorable gentleman 
 from Cumberland (Mr. Whitehill), took exceptions against 
 the first clause of the 9th sect., art. i, arguing very unfairly, 
 that because Congress might impose a tax or duty of ten dol- 
 lars on the importation of slaves within any of the United 
 States, Congress might therefore permit slaves to be imported 
 within this State, contrary to its laws. I confess I little 
 thought that this part of the system would be excepted to. 
 
 I am sorry that it could be extended no further; but so far 
 as it operates, it presents us with the pleasing prospect that 
 the rights of mankind will be acknowledged and established 
 throughout the Union. 
 
 If there was no other lovely feature in the constitution but 
 this one, it would diffuse a beauty over its whole countenance. 
 Yet the lapse of a few years, and Congress will have power 
 to exterminate slavery from within our borders. 
 
 How would such a delightful prospect expand the breast 
 of a beuevolent and philanthropic European! Would he 
 cavil at an expression, catch at a phrase? No, Sir; that is 
 only reserved for the gentleman on the other side of your 
 
348 The Debate in the Convention. 
 
 chair to do. What would be the exultation of that great 
 man, whose name I have just mentioned, we may learn from 
 the following sentiments on this subject. They cannot be 
 expressed so well as in his own words. * 
 
 "The colonies of France contain, as we have seen, near five 
 hundred thousand slaves, and it is from the number of these 
 wretches that the inhabitants set a value on their plantations. 
 What a fatal prospect! and how profound a subject for reflec- 
 tion! Alas! how inconsequent we are, both in our morality 
 and our principles. We preach up humanity, and yet go 
 every year to bind in chains twenty thousand natives of 
 Africa! We call the Moors barbarians and ruffians because 
 they attack the liberty of Europeans at the risk of their own ; 
 yet these Europeans go without danger and as mere specu- 
 lators to purchase slaves, by gratifying the cupidity of their 
 masters, and excite all those bloody scenes which are the 
 usual preliminaries of this traffic! In short, we pride ourselves 
 on the superiority of man, and it is with reason that we dis- 
 cover this superiority in the wonderful and mysterious unfold- 
 ing of the intellectual faculties ; and yet a trifling difference 
 in the hair of the head or in the color of the epidermis, is suf- 
 ficient to change our respect into contempt, and to engage us 
 to place beings like ourselves, in the rank of those animals 
 devoid of reason, whom we subject to the yoke, that we may 
 make use of their strength and of their instinct at command. 
 
 "I am sensible, and I grieve at it, that these reflections 
 which others have made much better than me, are unfortu- 
 nately of very little use! The necessity of supporting sove- 
 reign power has its peculiar laws, and the wealth of nations 
 is one of the foundations of this power: thus the sovereign 
 who should be the most thoroughly convinced of what is due 
 to humanity, would not singly renounce the service of slaves 
 in his colonies; time alone could furnish a population of free 
 people to replace them, and the great difference that would 
 exist in the price of labor would give so great an advantage 
 to the nation that should adhere to the old custom that the 
 others would soon be discouraged in wishing to be more vir- 
 
 *Vol. i., p. 329. 
 
The Debate in the Convention. 349 
 
 tuous. And yet, would it be a chimerical project to propose 
 a general compact by which all the European nations should 
 unanimously agree to abandon the traffic of African slaves! 
 They would in that case find themselves exactly in the same 
 proportion relative to each other as at present; for it is only on 
 comparative riches that the calculations of power are founded. 
 
 "We cannot as yet indulge such hopes; statesmen in gen- 
 eral think that every common idea must be a low one, and 
 since the morals of private people stand in need of being 
 curbed and maintained by the laws, we ought not to wonder 
 if those, of sovereigns conform to their independence. 
 
 "The time may nevertheless arrive when, fatigued of that 
 ambition which agitates them and of the continual rotation 
 of the same anxieties and the same plans, they may turn their 
 views to the great principles of humanity; and if the pres- 
 ent generation is to be witness of this happy revolution, they 
 may at least be allowed to be unanimous in offering up their 
 vows for the perfection of the social virtues and for the pro- 
 gress of public beneficial institutions. ' ' 
 
 These are the enlarged sentiments of that great man. 
 
 Permit me to make a single observation in this place on 
 the restraints placed on the State governments. If only the 
 following lines were inserted in this constitution, I think it 
 would be worth our adoption : ' ' No State shall hereafter emii 
 bills of credit; — make anything but gold and silver coin a 
 tender va. payment of debts; pass any bills of attainder, ex 
 post facto law, or law impairing the obligation of contracts. ' ' 
 Fatal experience has taught us, dearly taught us, the value 
 of these restraints. What is the consequence even at this 
 moment? It is true we have no tender law in Pennsylvania; 
 but the moment you are conveyed across the Delaware you 
 find it haunt your journey and follow close upon your heels. 
 The paper passes commonly at twenty-five or thirty per cent, 
 discount. How insecure is property ! 
 
 These are a few of those properties in this system that I think 
 recommend it to our serious attention, and will entitle it to re- 
 ceive the adoption of the United States. Others might be enu- 
 merated, and others still will probably be disclosed by experi- 
 ence. 
 
35° The Debate in the Convention. 
 
 [Of the debates on the 5th and 6th of December no report 
 exists. Neither lyloyd nor the newspapers have preserved for 
 lis even a summary. As the convention was in session on 
 each of these days, the lack of any report can only be ex- 
 plained by supposing that no shorthand writer was present. 
 From the manuscript notes of James Wilson, however, it is 
 possible to get some idea of what was said.] 
 
 Wednesday^ December jth. * 
 
 On the morning of the 5th, Mr. Findley seems to have 
 made a long speech on the need of a Bill of Rights ; the 
 amount of sovereignty it was safe for the States to give up ; 
 how much the constitution would take from them, and ended 
 with an appeal for a federal in preference to a consolidated 
 government. To say that if the constitution were rejected 
 evil would follow, was, in his opinion, improper. It was act- 
 ing the tyrant's part and saying, "Take this or nothing." 
 
 In the afternoon, Mr. Findley spoke on the partial nega- 
 tive of the President, on the system of representation, on the 
 need of annual elections, on the independence of the judges; 
 declared the internal powers of the proposed new govern- 
 ment inadmissible ; said there was no guard against Congress 
 making paper money, and insisted that if the amendments 
 wanted were not obtained now, they never would be. Mr. 
 Chambers then moved to pass to the consideration of Arti- 
 cle 2d. 
 
 Thursday^ December 6th. * 
 
 Mr. Smilie objected to the powers of Congress over the 
 militia, thought that the representatives were too few; that 
 the President should make all appointments with the advice 
 of a council, and dwelt at great length on the evil of giving 
 Congress command of the militia. In these views he was 
 supported by Mr. Findley. 
 
 Friday^ December yth. * 
 
 According to the notes of Mr. Wilson, Mr. Whitehill 
 opened with an attack on the Vice-President. He thought 
 that officer dangerous, as he had a casting vote, and on that 
 
 * Manuscript notes of James Wilson. 
 
The Debate in the Convention, 351 
 
 vote might often depend his salary. The power of Congress 
 to fix the time of choosing electors was improper; the power' 
 of the Senate to make treaties was dangerous. 
 
 Mr. Findley did not want the Senate to try impeachments, 
 and objected to blending legislative and executive powers. 
 
 Messrs. Whitehill, Smiley and Findley, in turn, then dis- 
 cussed the provision touching the Supreme Court. Mr. 
 Wilson, in his notes, makes no mention of a speech by him- 
 self, but Lloyd reports him to have spoken as follows:* 
 
 Mr. Wilson. This is the first time that the article respect- 
 ing the judicial department has come directly before us. I 
 shall therefore take the liberty of making such observations 
 as will enable honorable gentlemen to see the extent of the 
 views of the convention in forming this article, and the ex- 
 tent of its probable operation. 
 
 This will enable gentlemen to bring before this House their 
 objections more pointedly than, without any explanation, 
 could be done. Upon a distinct examination of the different 
 powers, I presume it will be found that not one of them is 
 unnecessary. I will go further — there is riot one of them but 
 will be discovered to be of such nature, as to be attended with 
 very important advantages. I shall beg leave to premise one 
 remark, that the convention, when they formed this system, 
 did not expect they were to deliver themselves, their rela- 
 tions and their posterity, into the hands of such men as are 
 described by the honorable gentlemen in opposition. They 
 did not suppose that the legislature, under this constitution, 
 would be an association of demons. They thought that a 
 proper attention would be given by the citizens of the United 
 States, at the general election, for members to the House of 
 Representatives; they also believed, that the particular States 
 would nominate as good men as they have heretofore done, 
 to represent them in the Senate. If they should now do 
 otherwise, the fault will not be in Congress, but in the people, 
 or States themselves. I have mentioned oftener than once, 
 that for a people wanting to themselves, there is no remedy. 
 
 The convention thought further (for on this very subject, 
 
 * Lloyd's Debates. 
 
253 The Debate in the Convention. 
 
 there will appear caution, instead of imprudence in their 
 transactions) they considered, that if suspicions are to be 
 entertained, they are to be entertained with regard to the 
 objects in which government have separate interests and 
 separate views from the interests and views of the people. 
 To say that officers of government will oppress, when noth- 
 ing can be got by oppression, is making an inferrence, bad as 
 human nature is, that cannot be allowed. When persons can 
 derive no advantage from it, it can never be expected they 
 will sacrifice either their duty or their popularity. 
 
 Whenever the general government can be a party against 
 a citizen, the trial is guarded and secured in the constitution 
 itself, and therefore it is not in its power to oppress the 
 citizen. In the case of treason, for example, though the 
 prosecution is on the part of the United States, yet the Con- 
 gress can neither define nor try the crime. If we have re- 
 course to the history of the different governments that have 
 hitherto subsisted, we shall find that a very great part of their 
 tyranny over the people has arisen from the extension of the 
 definition of treasc a. Some very remarkable instances have 
 occurred, even in so free a country as England. If I recollect 
 right, there is one instance that puts this matter in a very 
 strong point of view. A person possessed a favorite buck, 
 and on finding it killed, wished the horns in the belly of the 
 person who killed it; this happened to be the king; the in- 
 jured complainant was tried and convicted of treason, for 
 wishing the king's death. 
 
 I speak only of free governments, for in despotic ones, 
 treason depends entirely upon the will of the prince. I^et 
 this subject be attended to, and it will be discovered where 
 the dangerous power of the government operates to the op- 
 pression of the people. Sensible of this, the convention has 
 guarded the people against it, by a particular and accurate 
 definition of treason. 
 
 It is very true, that trial by jury is not mentioned in civil 
 cases; but I take it, that it is very improper to infer from 
 hence, that it was not meant to exist under this government. 
 Where the people are represented — where the interest of gov- 
 
The Debate in the Convention. 353 
 
 eminent cannot be separate from that of the people, (and this 
 is the case in trial between citizen and citizen) the power of 
 making regulations with respect to the mode of trial, may 
 certainly be placed in the legislature; for I apprehend that 
 the legislature will not do wrong in an instance from which 
 they can derive no advantage. These were not all the rea- 
 sons that influenced the convention to leave it to the future 
 Congress to make regulations on this head. 
 
 By the constitution of the different States, it will be found 
 that no particular mode of trial by jury could be discovered 
 that would suit them all. * The manner of summoning jurors, 
 their qualifications, of whom they should consist, and the 
 course of their proceedings, are all different, in the different 
 States; and I- presume it will be allowed a good general 
 principle, that in carrying into effect the laws of the general 
 government by the judicial department, it will be proper to 
 make the regulations as agreeable to the habits and wishes 
 of the particular States as possible; and it is easily discovered 
 that it would have been impracticable, by any general regu- 
 lation, to have given satisfaction to all. ■ We must have 
 thwarted the custom of eleven or twelve to have accommo- 
 dated any one. Why do this, when there was no danger to 
 be apprehended from the omission ? We could not go into 
 a particular detail of the manner that would have suited each 
 State. 
 
 Time, reflection and experience, will be necessary to sug- 
 gest and mature the proper regulations on this subject; time 
 and experience were not possessed by the convention, they 
 left it therefore to be particularly organized by the legislature 
 — the representatives of the United States, from time to time, 
 as should be most eligible and proper. Could they have done 
 better? 
 
 I know in every part, where opposition has risen, what a 
 handle has been made of this objection; but I trust upon ex- 
 amination it will be seen that more could not have been done 
 with propriety. Gent' emeu talk of bills of rights ! What is 
 the meaning of this continual clamor, after what has been 
 urged, though it may be proper in a single State, whose 
 23 
 
354 The Debate in the Convention. 
 
 legislature calls itself the sovereign and supreme power? yet 
 it -would be absurd in the body of the people, when they are 
 delegating from among themselves persons to transact certain 
 business, to add an enumeration of those things, which they 
 are not to do. "But trial by jury is secured in the bill of 
 rights of Pennsylvania; the parties have a right to trials by 
 jury, which OUGHT to be held sacred," and what is the con- 
 sequence? There have been more violations of this right in 
 Pennsylvania, since the revolution, than are to be found in 
 England, in the course of a century. 
 
 I hear no objection made to the tenure by which the judges 
 hold their offices — it is declared that the judges shall hold 
 them during good behavior; nor to the security which they 
 will have for their salaries — they shall at stated times re- 
 ceive for their services, a compensation which shall not be 
 diminished during their continuance in office. 
 
 The article respecting the judicial department, is objected 
 to as going too far, and is supposed to carry a very indefinite 
 meaning. I/Ct us examine this — the judicial power shall ex- 
 tend to all cases in law and equity, arising under this consti- 
 tution and the laws of the United States. Controversies may 
 certainly arise under this constitution and the laws of the 
 United States, and is it not proper that there should be 
 judges to decide them? The honorable gentleman from 
 Cumberland (Mr. Whitehill) says, that laws may be inade in- 
 consistent with the constitution, and that therefore the 
 powers given to the judges are dangerous; for my part, Mr. 
 President, I think the contrary inference true. If a law 
 should be made inconsistent with those powers vested by this 
 instrument in Congress, the judges, as a consequence of their 
 independence, and the particular powers of government being 
 defined, will declare such law to be null and void. For the 
 power of the constitution predominates. Any thing there- 
 fore, that shall be enacted by Congress contrary thereto, will 
 not have the force of law. 
 
 The judicial power extends to all cases arising under trea- 
 ties made, or which shall be made, by the United States. I 
 shall not repeat at this time, what has been said with regard 
 
The Debate in the Convsniton. 355 
 
 to the power of the States to make treaties; it cannot be con- 
 troverted, that when made, they ought to be observed. But 
 it is highly proper that this regulation should be made; for 
 the truth is, and I am sorry to say it, that in order to prevent 
 the payment of British debts, and from other causes, our trea- 
 ties have been violated, and violated too by the express laws 
 of several States in the Union. Pennsylvania, to her honor 
 be it spoken, has hitherto done no act of this kind; but it is 
 acknowledged on all sides, that many States in the Union 
 have infringed the treaty; and it is well known, that when 
 the minister of the United States made a demand of I,ord 
 Carmarthen, of a surrender of the western posts, he told the 
 minister, with truth and justice, "The treaty, under which 
 you claim those possessions, has not been performed on your 
 part; until that is done, those possessions will not be de- 
 livered up." This clause, sir, will show the world that we 
 make the faith of treaties a constitutional part of the charac- 
 ter of the United States; that we secure its performance no 
 longer nominally, for the judges of the United States will be 
 enabled to carry them into effect, let the legislatures of the 
 different States do what they may. 
 
 The power of the judges extends to all cases affecting am- 
 bassadors, other public ministers, and consuls. I presume 
 very little objection will be offered to this clause; on the con- 
 trary, it will be allowed proper and unexceptionable. 
 
 This will also be allowed with regard to the following 
 clause, "all cases of admiralty and maritime jurisdiction." 
 
 The next is, "to controversies to which the United States 
 shall be a party. ' ' Now I apprehend it is something very in- 
 congruous, that, because the United States are a party, it 
 should be urged as an objection, that their judges ought not 
 to decide, when the universal practice of all nations have and 
 unavoidably must admit of this power. But, say the gentle- 
 men, the sovereignty of the States is destroyed, if they should 
 be engaged in a controversy with the United States, because 
 a suitor in a court must acknowledge the jurisdiction of that 
 court, and it is not the custom of sovereigns to suffer their 
 names to be made use ofin this manner. The answer is plain 
 
■556 The Debate in the Convention. 
 
 and easy : The government of each State ought to be subor- 
 dinate to the government of the United States. 
 
 "To controversies between two or more States." This 
 power is vested in the present congress, but they are unable, 
 as I have already shown, to enforce their decisions. The ad- 
 ditional power of carrying their decrees into execution, we 
 find is therefore necessary, and I presume no exception will 
 be taken to it. 
 
 ' ' Between a state, and citizens of another State. ' ' When 
 this power is attended to, it will be found to be a necessary 
 one. Impartiality is the leading feature in this Constitution; 
 it pervades the whole. When a citizen has a controversy 
 with another State, there ought to be a tribunal where both 
 parties may stand on a just and equal footing. 
 
 "Between citizens of different States, and between a State, 
 or the citizens thereof, and Foreign States, citizens or sub- 
 jects. ' ' This part of the jurisdiction, I presume, will occasion 
 more doubt than any other part, and sX first view it may seem 
 exposed to objections well-founded and of great weight; but 
 I apprehend this can be the case only at first view. Permit 
 mc to observe here, with regard to this power, or any other of 
 the foregoing powers given to the Federal court, that they 
 are not exclusively given. In all instances the parties may 
 commence suits in the courts of the several States. Fven the 
 United States may submit to such decision if they think pro- 
 per. Though the citizens of a State, and the citizens or sub- 
 jects of foreign States, may sue in the federal court, it does 
 not follow that they must sue. These are the instances in 
 which the jurisdiction of the United States may be exercised; 
 and we have all the reason in the world to believe, that it 
 will be exercised impartially; for it would be improper to in- 
 fer that the judges would abandon their duty, the rather for 
 being independent. Such a sentiment is contrary to experi- 
 ence, and ought not to be hazarded. If the people of the 
 United States are fairly represented, and the president and 
 Senate are wise enough to choose men of abilities and inte- 
 grity forjudges, there can be no apprehension; because, as I 
 mentioned before, the government can have no interest in in- 
 juring the citizens. 
 
The Debate in the Convention. 357 
 
 But when we consider the matter a little further, is it not 
 necessary, if we mean to restore either public or private 
 credit, that foreigners, as well as ourselves, have a just and 
 impartial tribunal to which they may resort? I would ask, 
 how a merchant must feel to have his property lie at the 
 mercy of the laws of Rhode Island? I ask further, how will 
 a creditor feel, who has his debts at the mercy of tender laws 
 in other States? It is true, that under this Constitution, 
 these particular iniquities may be restrained in future; but. 
 Sir, there are other ways of avoiding payment of debts. 
 There have been instalment acts, and other acts of a similar 
 effect. Such things. Sir, destroy the very sources of credit. 
 
 Is it not an important object to extend our manufactures 
 and our commerce ? This cannot be done, unless a proper 
 security is provided for the regular discharge of contracts. 
 This security cannot be obtained, unless we give the power 
 of deciding upon those contracts to the general governments. 
 
 I will mention further, an object that I take to be of par- 
 ticular magnitude, and I conceive these regulations will pro- 
 duce its accomplishment. The object, Mr. President, that 
 I allude to, is the improvement of our domestic navigation, 
 the instrument of trade between the several States. That 
 decay of private credit which arose from the destruction of 
 public credit, by a too inefl&cient general government, will 
 be restored, and this valuable intercourse among ourselves, 
 must give an encrease to those useful improvements, that will 
 astonish the world. At present, how are we circumstanced? 
 Merchants of eminence will tell you, that they can trust their 
 correspondents without law; but they cannot trust the laws 
 of the State in which their correspondents live. Their friend 
 may die, and may be succeeded by a representative of a very 
 different character. If there is any particular objection that 
 did not occur to me on this part of the Constitution, gentle- 
 men will mention it; and I hope when this article is exam- 
 ined, it will be found to contain nothing but what is proper 
 to be annexed to the general government. The next clause, 
 so far as it gives original jurisdiction in cases affecting ambas- 
 sadors, I apprehend is perfectly unexceptionable. 
 
358 The Debate in the Convention. 
 
 It was thought proper to give the citizens of foreign States 
 full opportunity of obtaining justice in the general courts, 
 and this they have by its appellate jurisdiction; therefore, in 
 order to restore credit with those foreign States, that part 
 of the article is necessary. I believe the alteration that will 
 take place in their minds, when they learn the operation of 
 this clause, will be a great and important advantage to our 
 country, nor is it anything but justice; they oiight to have 
 the same security against the State laws that may be made, 
 that the citizens have; because regulations ought to be equally 
 just in the one case as in the other. Further, it is necessary 
 in order to preserve peace with foreign nations. I^et us sup- 
 pose the case, that a wicked law is made in some one of the 
 States, enabling a debtor to pay his creditor with the fourth, 
 fifth, or sixth part of the real value of the debt, and this 
 creditor, a foreignor, complains to his prince or sovereign, 
 of the injustice that has been done him: What can that 
 prince or sovereign do? Bound by inclination as well as duty 
 to redress the wrong his subject sustains from the hand of 
 perfidy, he cannot apply to the particular guilty State, be- 
 cause he knows that by the articles of confederation, it is de- 
 clared that no State shall enter into treaties. He must 
 therefore apply to the United States : The United States must 
 be accountable: "My subject has received a flagrant injury; 
 do me justice, or I will do myself justice." If the United 
 States are answerable for the injury, ought they not to pos- 
 sess the means of compelling the faulty State to repair it ? 
 They ought, and this is what is done here. For now, if 
 complaint is made in consequence of such injustice. Congress 
 can answer, ' ' Why did not your subject apply to the general 
 court, where the unequal and partial laws of a particular 
 State would have had no force?" 
 
 In two cases the Supreme Court has original jurisdiction; 
 that affecting ambassadors, and when a State shall be a party. 
 It is true, it has appellate jurisdiction in more, but it will 
 have it under such restrictions as the Congress shall ordain. 
 I believe then any gentleman, possessed of experience 01 
 knowledge on this subject, will agree that it was impossible 
 
The Debate in the Convention. 359 
 
 to go further with any safety or propriety, and that it was 
 best left in the manner in which it now stands. 
 
 "In all the other cases before mentioned, the Supreme 
 Court shall have appellate jurisdiction, both as to law and 
 fact. ' ' The jurisdiction as to fact, may be thought improper; 
 but those possesse,d of information on this head, see that it is 
 necessary. We find it essentially necessary from the ample 
 experience we have had in the courts of admiralty with re- 
 gard to captures. Those gentlemen, who during the late 
 war, had their vessels retaken, know well what a poor 
 chance they would have had, when those vessels were taken 
 into other States and tried by juries, and in what a situation 
 they would have been, if the court of appeals had not been 
 possessed of authority to reconsider and set aside the verdict 
 of those juries. Attempts were made by some of the States 
 to destroy this power, but it has been confirmed in every 
 instance. 
 
 There are other cases in which it will be necessary; and 
 will not Congress better regulate them as they rise from time 
 to time, than could have been done by the convention ? Be- 
 sides, if the regulations shall be attended with inconvenience, 
 the Congress can alter them as soon as discovered. But any 
 thing done in convention must remain unalterable, but by 
 the power of the citizens of the United States at large. 
 
 I think these reasons will show, that the powers given to 
 the Suprerne Court, are not only safe, but constitute a wise 
 and valuable part of this system. 
 
 Saturday^ December 8th. 
 
 The whole of this day was taken up with a debate on the 
 failure of the Constitution to provide for trial by jury in 
 civil cases. Twice in the course of it the members came to 
 personalities, and once almost to blows. 
 
 The first occurred in the course of an argument to prove 
 the dissolution of the trial by jury, if the proposed system 
 was adopted, and the consequent sacrifice of the liberties of 
 the people, Mr. Findley observed, that when the trial by jury 
 which was known in Sweden so late as the middle of the last 
 
igo The Debate in the Convention. 
 
 century, fell into disuse, the commons of that nation lost their 
 freedom, and a tyrannical aristocracy prevailed. Mr. Wilson 
 and Mr. M'Kean interrupted Mr. Findley, and called warmly 
 for his authority to prove that the trial by jury existed in 
 Sweden, Mr. Wilson declaring that he had never met with 
 such an idea in the course of his reading; and Mr. M'Kean 
 asserting, that the trial by jury was never known in any other 
 country than England, and the governments descended from 
 that kingdom. Mr. Findley answered, that he did not at 
 that moment recollect his authority, but having formerly 
 read histories of Sweden, he had received and retained the 
 opinion which he now advanced, and would on a future occa- 
 sion perhaps, refer immediately to the book. Accordingly, 
 on Monday afternoon, he produced the Modern Universal 
 History, and the 3d volume of Blackstone's Commentaries, 
 which incontrovertibly established his position. Having read 
 his authorities, he concluded in the following manner: "I 
 am not accustomed, Mr. President, to have my word disputed 
 in public bodies, upon the statement of a fact; but in this 
 convention it has already occurred more than once. It is now 
 evident however, that I was contradicted on this subject im- 
 properly and unjustly, by the learned Chief Justice and 
 Counsellor from the city. That the account given in the 
 Universal History should escape the recollection or observa- 
 tion of the best informed man, is not extraordinary, but this 
 I will observe, that if my son had been at the study of the 
 law for six months, and was not acquainted with the passage 
 in Blackstone, I should be justified in whipping him. But 
 the contradiction coming from the quarter known to this 
 Convention, I am at a loss whether to ascribe it to the want 
 of veracity, or the ignorance of the learned members." On 
 Tuesday morning Mr. Wilson again adverted to the subject 
 in the following manner. ' ' I will, Mr. President, take some 
 notice of a circumstance, which for want of something more 
 important, has made considerable noise. I mean what re- 
 spects the assertion of the member from Westmoreland, that 
 trials by jury were known in Sweden. I confess, Sir, when 
 I heard that assertion, it struck me as new, and contrary to 
 
The Debate in the Convention. 361 
 
 my idea of the fact, and therefore, in as decent terms as I 
 could, I asked for the honorable member's authority: the 
 book in which it is found convinces me I must before have 
 read it, but I do not pretend to remember everything I read. 
 This remark is made more for the sake of my colleague, who 
 supported my opinion, than for my own. But I will add. Sir, 
 that those whose stock of knowledge is limited to a few 
 items, may easily remember and refer to them; but many 
 things may be overlooked and forgotten in a magazine of lit- 
 erature. It may therefore with propriety be said by my 
 honorable colleague, as it was formerly said by Sir John May- 
 nard to a petulant student, who reproached him with an 
 ignorance of a ♦^rifling point, "Young man, I have forgotten 
 more law than ever you learned. ' ' * 
 
 Hardly had this incident passed away when the Anti- 
 federal party, put into high spirits by the arguments of 
 Findley, Smilie and Whitehill, on the question of trial by jury, 
 began to call loudly for answers from the friends of the con- 
 stitution. What followed is thus reported in the Packet. 
 
 On Saturday last a very warm altercation passed in the 
 convention, of which we submit to our readers the following 
 impartial statement. 
 
 Mr. M'Kean, rising in consequence of the repeated call of 
 the opposition for an answer to their arguments, observed 
 that the observations and objections were so often reiterated, 
 that most of them had already been replied to, and in his 
 opinion, all the objections which had been made to the pro- 
 posed plan, might have been delivered in the space of two 
 hours; so he concluded, that the excess of time had been con- 
 sumed in trifling and unnecessary debate. In reply to these 
 observations, Mr. Smilie remarked, that the honorable gen- 
 tleman had treated the opposition with contempt; and with a 
 magisterial air had condemned their arguments. He was 
 about to proceed in his animadversion upon the conduct of 
 the majority, who presumed thus, he added, upon their num- 
 bers, when several members started up, but at length Mr. 
 
 * Pennsylvania Packet, Dec. 13, 1787. 
 
362 The Debate in the Convention. 
 
 Chambei-s claimed the attention of the president: He began 
 a speech of some length with terming Mr. Smilie's language 
 indecent^ because he said it alluded to Mr. M'Kean as a judge. 
 He then proceeded with great heat to reprobate the behavior 
 of the three gentlemen, who managed the arguments against 
 the proposed system, and declared that they had abused the 
 indulgence which the other side of the House had granted to 
 them, in consenting to hear all their reasons. He next an- 
 imadverted upon the characters of those who composed the 
 opposition, and loudly asked, where had they been found in 
 the day of danger? Thence drawing a contrast between 
 them and the representatives of Pennsylvania in the late 
 Federal Convention, who were, he remarked, men of as great 
 talents and patriotism, as good generals and statesmen, as 
 any that had appeared in the businesss of the revolution. 
 From this ground he took an opportunity of saying some- 
 thing about those Englishmen who had arrived in this 
 country since the peace, and who had presumed to judge for 
 themselves respecting the politics of Pennsylvania. He re- 
 ferred to Mr. Findley's having no more than two votes as a 
 delegate to the Federal Convention, in order to show the in- 
 significance of his character, and the wisdom of Pennsylvania, 
 which would not admit of his being elected on that occasion. 
 He then adverted to the character of Mr. M'Kean, which he 
 asserted was superior to all attacks, and concluded with de- 
 claring that everything which had been offered by the oppo- 
 sition was, in his judgment, trifling and unnecessary. When 
 Mr. Chambers had finished, Mr. Smilie appealed to the 
 candor of the convention, whether he had used a single word 
 which could be deemed indecent^ and which was not fairly 
 justified by the conduct to which he had alluded. He feel- 
 ingly exclaimed that he was pleading for the interests of his 
 country, and that no character should influence, and no 
 violence overawe his proceedings. For, he not only claimed 
 the free exercise of speech as a right, but he would exercise 
 it as a duty. Mr. Findley followed, promising that he should 
 take very little notice of the speech delivered by Mr. 
 Chambers, as indeed he had never found occasion to take 
 
The Debate in the Convention. 2>^\ 
 
 much notice of anything that dropped from that quarter. He 
 would observe, however, that the characteristic of the conduct 
 of the honorable member in public bodies was to discourse 
 without reason, and to talk without argument. Here a con- 
 siderable cry of order arose, and Mr. Findley said he would 
 only add, that he always wished to avoid an investigation of 
 characters, but at least he would take care never to engage 
 on that subject but with a competent judge. During some 
 disturbance in the House, Mr. Chambers retorted, that he 
 had a perfect contempt both for Mr. Findley' s arguments and 
 person, and Mr. Findley closed the altercation with declaring, 
 that he saw no reason for dispute, since he and Mr. 
 Chambers were in that respect so perfectly agreed. Mr. 
 Macpherson stated to the chair the impropriety of such pro- 
 ceedings, and observed, that the member from Fayette had 
 not satisfactorily shown in what manner the member from 
 the city (Mr. M'Kean) had spoken indecent language, to 
 justify the retort that had been made. Mr. Findley then re- 
 marked, that when a member undertook personally to dictate 
 to the convention, he was an object of personal animadversion; 
 for it was only by motion and resolve of the whole body, 
 that their proceedings were to be governed. 
 
 Mr. Smilie said, he had in his opinion satisfactorily shown 
 the ground upon which he had spoken, for he had referred to 
 the recollection of the convention that Mr. M'Kean treated 
 the arguments of the opposition as trifling and contemptible, 
 and this with a magisterial air, which was all the retort he 
 had made. To this Mr. Findley subjoined, that he did not 
 rise to argue upon the question, but to claim what was just 
 and right; he therefore referred it to the President to deter- 
 mine, whether he or his coadjutors had transgressed any of 
 the established rules of the convention? Upon this the Presi- 
 dent said, it was true that no positive rule had been trans- 
 gressed, but he could not avoid considering Mr. Smilie's lan- 
 guage highly improper. On this there was an unanimous 
 cry of adjourn, which at last put a stop to the altercation.* 
 
 * Pennsylvania Packet Dec. 13, 1787. 
 
364 The Debate in the Convention. 
 
 Monday^ December loth. 
 
 As soon as Mr. Findley had cited his authorities in support 
 of his statement regarding trial by jury in Sweden, a num- 
 ber of memorials were on Monday last presented to the con- 
 vention from the inhabitants of the county of Philadelphia, 
 stating the advantages that county enjoys, and requesting it 
 might be offered as the seat of Federal Government, in which 
 the exclusive jurisdiction of Congress may be exercised. 
 This done, Mr. M'Kean took the floor and replied at length 
 to the objectors to the Constitution, having previously given 
 notice that he should on Wednesday recur to his motion for 
 the adoption of the proposed plan, and remarked that the 
 State of Delaware had already entered into that resolution, to 
 which Mr. Smilie replied, that the State of Delaware had in- 
 deed reaped the honor of having first surrendered the liberties 
 of the people to the new system of government. * 
 
 The speech of Mr. M'Kean is summed up in the Packet as 
 follows: 
 
 On Monday (loth) afternoon, Mr. M'Kean entered into an 
 elaborate investigation of the leading objections made to the 
 proposed constitution, and having ably defended it in all its 
 parts, he concluded emphatically, that having served a routine 
 in government, in the legislative, executive and judicial de- 
 partments, he saw nothing in the system under consideration 
 which his judgment could determine to be the object of terror 
 or apprehension ; but he anticipated from its adoption what 
 had been his constant wish — permanency in the government, 
 and stability in the laws. 
 
 As soon as Mr. M'Kean had closed his speech, a loud 
 and general tribute of applause was expressed by the 
 citizens in the gallery; which gave occasion to the follow- 
 ing philippic from Mr. Smilie. "Mr. President, I confess 
 that hitherto I have persuaded myself that the opposition 
 had the best of the argument on the present important 
 question; but I have found myself mistaken, for the gentle- 
 men on the other side have indeed an argument which sur- 
 passes and supersedes all others, — a party in the gallery 
 
 *Pennsylvama Packet, Dec. 13, 1787. 
 
THOMAS MCKEAN. LL.D. 
 Wat. 1734 -Ob, 1817. 
 
 /w» It print £y Tieiaut, in tke'posseaaiioh, fiftk^fft^tanMlSoati^ of^giut- f 
 
The Debate in the Convention. 365 
 
 prepared to clap and huzza in affirmance of their speeches. 
 But, Sir, let it be remembered that this is not the voice of the 
 people of Pennsylvania; for, were I convinced of that, I 
 should consider it as a conclusive approbation of the proposed 
 system, and give a ready acquiescence. No, Sir, this is not 
 the voice of the people of Pennsylvania; and were this con- 
 vention assembled at another place, the sound would be of a 
 diflFerent nature, for the sentiments of the citizens are different 
 indeed. Even there however it would pain me, were I to see 
 the majority of this body treated with such gross insult and 
 disrespect by my friends, as the minority now experience 
 from theirs. In short, Mr. President, this is not the mode 
 which will prevail on the citizens of Pennsylvania to adopt 
 the proposed plan, let the decision here be what it may; and 
 I will add, that such conduct, nay were the gallery filled with 
 bayonets, such appearance of violence would not intimidate 
 me, or those who act with me, in the conscientious discharge 
 of a public duty." When Mr. Smilie had finished, Mr. 
 M'Kean remarked that the worthy gentleman seemed mighty 
 angry, merely because somebody was pleased. 
 
 Mr. M'Kean said, in the course of his speech on Monday, 
 that the apprehensions of the opposition respecting the new 
 plan, amounted to this, that if the sky falls, we shall catch 
 larks; if the rivers run dry, we shall catch eels: and he com- 
 pared their arguments to a sound, but then it was a mere 
 sound, like the working of small beer. 
 
 [A better report has been preserved by I/loyd, who in his 
 published debates, declared it was delivered on December 
 nth. The newspapers, however, and Mr. Wilson's notes 
 where the whole speech is carefully summarized, prove it was 
 delivered on December ioth.J 
 
 Mr. M'Kean.* Sir, you have under your consideration a 
 matter of very great weight and importance, not only to the 
 present generation but to posterity; for where the rights and 
 liberties of the people are concerned, there certainly it is fit 
 to proceed with the utmost caution and regard. You have 
 done so hitherto. The power of this convention, being de- 
 
 * Lloyd's Debates. 
 
366 The Debate in the Convention. 
 
 rived from the people of Pennsylvania, by a positive and 
 voluntary grant, cannot be extended farther than what this 
 positive grant hath conveyed. You have been chosen by the 
 people, for the sole purpose of ' ' assenting to and ratifying the 
 constitution, proposed for the future government of the 
 United States, with respect to their general and common con- 
 cerns," or of rejecting it. It is a sacred trust; and, as on the 
 one hand, you ought to weigh well the innovations it will 
 create in the governments of the individual States, and the 
 dangers which may arise by its adoption; so upon the other 
 hand, you ought fully to consider the benefits it may promise, 
 and the consequences of a rejection of it. You have hitherto 
 acted strictly conformably to your delegated power; you have 
 agreed, that a single question can come before you ; and it has 
 been accordingly moved, that you resolve, "to assent to and 
 ratify this constitution." Three weeks have been spent in 
 hearing the objections that have been made against it, and 
 it is now time to determine, whether they are of such a 
 nature as to overbalance any benefits or advantages that may 
 be derived to the State of Pennsylvania by your accepting it. 
 
 Sir, I have as yet taken up but little of your time; notwith- 
 standing this, I will endeavor to contract what occurs to me 
 on the subject: and in what I have to offer, I shall observe 
 this method; I will first consider the arguments that have 
 been used against this constitution, and then give my reasons, 
 why I am for the motion. 
 
 The arguments against the constitution are, I think, chiefly 
 these: 
 
 First. That the elections of representatives and senators 
 are not frequent enough to ensure responsibility to their con- 
 stituents. 
 
 Second. That one representative for thirty thousand per- 
 sons is too few. 
 
 Third. The senators have a share in the appointment of 
 certain officers, and are to be the judges on the impeachment 
 of such officers. This is blending the executive with the 
 legislative and judicial department, and is likely to screen 
 the offenders impeached, because of the concurrence of a 
 majority of the senate in their appointment. 
 
The Debate in the Convention. 367 
 
 Fourth. That the Congress may by law deprive the elec- 
 tors of a fair choice of their representatives, by fixing im- 
 proper times, places and modes of election. 
 
 Fifth. That the powers of Congress are too large, particu- 
 larly in laying internal taxes and excises, because they may 
 lay excessive taxes, and leave nothing for the support of the 
 State governments. 
 
 In raising and supporting armies, and that the appropri- 
 ation of money for that use should not be for so long a term 
 as two years. 
 
 In calling forth the militia on necessary occasions; because 
 they may call them from one end of the continent to the 
 other, and wantonly harass them ; besides, they may coerce 
 men to act in the militia, whose consciences are against bear- 
 ing arms in any case. 
 
 In making 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 officer thereof. 
 
 And in declaring, that this constitution, and the laws of 
 the United States which shall be made in pursuance thereof, 
 and all treaties made, or which shall be made, under the 
 authority of the United States, shall be the supreme law of 
 the land. 
 
 That migration or importation of such persons, as any of 
 the States shall admit, shall not be prohibited prior to 1808, 
 nor a tax or duty imposed on such importation exceeding ten 
 dollars for each person. 
 
 Sixth. That the whole of the executive power is not lodged 
 in the President alone, so that there might be one responsible 
 person. 
 
 That he has the sole power of pardoning offences against 
 the United States, and may therefore pardon traitors, for trea- 
 sons committed in consequence of his own ambitious and 
 wicked projects, or those of the Senate. 
 
 That the Vice-President is a useless officer, and being an 
 executive officer, is to be president of the Senate, and in case 
 of a division is to have the casting voice. 
 
368 The Debate in the Convention. 
 
 Seventh. The judicial power shall be vested in one Su- 
 preme Court. An objection is made, that the compensation 
 for the services of the judges shall not be diminished during 
 their continuance in office, and this is contrasted with the 
 compensation to the President, which is to be neither in- 
 creased nor diminished during the period for which he shall 
 have been elected: but that of the judges may be increased, 
 and the judge may hold other offices of a lucrative nature, 
 and his judgment be thereby warped. 
 
 That in all the cases enumerated, except where the Su- 
 preme Court has original jurisdiction, "they shall have ap- 
 pellate jurisdiction, both as to law and facts, with such 
 exceptions, and under such regulations, as the Congress shall 
 make." From hence is inferred that the trial by jury is not 
 secured. 
 
 That they have jurisdiction between citizens of different 
 States. 
 
 Eighth. That there is no bill or declaration of rights in 
 this constitution. 
 
 Ninth. That this is a consolidation of the several States, and 
 not a confederation. 
 
 Tenth. It is an aristocracy^ and was intended to be so by 
 the framers of it. 
 
 The first objection that I heard advanced against this con- 
 stitution, I say, sir, was that the elections of representatives 
 and senators are not frequent enough to ensure responsibility 
 to their constituents. 
 
 This is a subject that most men differ about, but there are 
 more considerations than that of mere responsibility. By 
 this system the House of Representatives is composed of per- 
 sons, chosen every second year by the people of the several 
 States; and the senators every six years by the I^egislatures: 
 whether the one or the other of these periods are of too lotig 
 duration, is a question to which various answers will be given; 
 some persons are of opinion that three years in the one case, 
 and seven in the other, would be a more eligible term than 
 that adopted in this constitution. In Great Britain, we find 
 the House of Commons elected for seven years; the House of 
 
The Debate in the Convention. 369 
 
 Lords is perpetual, and the king never dies. The Parliament 
 of Ireland is octennial; in various other parts of the British 
 dominions, the House of Representatives are during the royal 
 pleasure, and have been continued twenty years; this, sir, is a 
 term undoubtedly too long. In a single State, I think annual 
 elections most proper, but then there ought to be more 
 branches in the Legislature than one. An annual Legisla- 
 ture possessed of supreme power, may be properly termed an 
 annual despotism — and, like an individual, they are subject 
 to caprice, and act as party spirit or spleen dictates; hence 
 that instability to our laws, which is the bane of republican 
 governments. The framers of this constitution wisely divided 
 the legislative department between two houses, subject to the 
 qualified negative of the President of the United States, 
 though this government embraces only enumerated powers. 
 In a single State, annual elections may be proper, the more 
 so when the legislative powers extend to all cases; but in 
 such an extent of country as the United States, and when the 
 powers are circumscribed, there is not that necessity, nor are 
 the objects of the general government of that nature as to be 
 acquired immediately by every capacity. To combine the 
 various interests of thirteen different States, requires more ex- 
 tensive knowledge than is necessary for the Legislature of any 
 one of them; two years are therefore little enough for the 
 members of the House of Representatives to make themsdves 
 fully acquainted with the views, the habits and interests of 
 the United States. With respect to the Senate, when we 
 consider the trust reposed in them, we cannot hesitate to pro- 
 nounce, the period assigned to them is short enough; they 
 possess, in common with the House of Representatives, leg- 
 islative power; with its concurrence they also have power to 
 declare war; they are joined with the President in concluding 
 treaties; it therefore behooves them to be conversant with the 
 politics of the nations of the world, and the dispositions of 
 the sovereigns, and their ministers; this requires much reading 
 and attention. And believe me, the longer a man bends his 
 study to any particular subject, the more likely he is to be 
 the master of it. Experience and practice will assist genius 
 24 
 
370 The Debate in the Convention. 
 
 and education. I therefore think the time allowed, under 
 this system, to both houses, to be extremely proper. This 
 objection has been made repeatedly, but it can only have 
 weight with those who are not at the pains of thinking on 
 the subject. When anything, sir, new or great, is done, it 
 is very apt to create a ferment among those out of doors, who, 
 as they cannot always enter into the depth and wisdom of 
 counsels, are too apt to censure what they do not understand; 
 upon a little reflection and experience, the people often find 
 that to be a singular blessing which at first they deemed a 
 curse. 
 
 Second. ' ' That one representative for thirty thousand per- 
 sons is too few." 
 
 There will be, sir, sixty-five in the House of Representa- 
 tives and twenty-six in the Senate, in all ninety-one, who, 
 together with the President, are to make laws in the several 
 particular matters entrusted to them, and which are all 
 enumerated and expressed. I think the number sufiBcient at 
 the present, and in three years' time, when a census or actual 
 enumeration must take place, they will be increased, and in 
 less than twenty-five years they will be more than double. 
 With respect to this, different gentlemen in the several States 
 will diflfer, and at last the opinion of the majority must 
 govern. 
 
 Third. ' ' The senators have a share in the appointment of 
 certain officers, and are to be the judges on the impeachment 
 of such officers. This is blending the executive with the 
 legislative and judicial department, and is likely to screen 
 the offenders impeached, because of the concurrence of a 
 majority of the Senate in their appointment. ' ' 
 
 The President is to nominate to ofl!ice, and with the ad- 
 vice and consent of the Senate appoint officers, so that he is 
 the responsible person, and when any such impeachment 
 shall be tried, it is more than probable, that not one of the 
 Senate, who concurred in the appointment, will be a senator, 
 for the seats of a third part are to be vacated every two years, 
 and of all in six. 
 
 As to the senators having a share in the executive power. 
 
Thei Debate in the Convention. 371 
 
 so far as to the appointment of certain oflficers, I do not know 
 where this restraint on the President could be more safely 
 lodged. Some may think a privy-counsellor might have 
 been chosen by every State, but this could little mend the 
 matter if any, and it would be a considerable additional ex- 
 pense to the people. Nor need the Senate be under any 
 necessity of sitting constantly, as has been alleged, for there 
 is an express provision made to enable the President to fill up 
 all vacancies that may happen during their recess; the com- 
 missions to expire at the end of the next sessions. 
 
 As to impeachments, the objection is much stronger 
 against the supreme executive council of Pennsylvania. 
 
 The House of I^ords in Great Britain are judges in the last 
 resort in all civil causes, and besides have the power of try- 
 ing impeachments. 
 
 On the trial of impeachments the senators are to be under 
 the sanction of an oath or affirmation, besides the other ties 
 upon them to do justice; and the bias is more likely to be 
 against the officer accused than in his favor, for there are 
 always more persons disobliged than the contrary when an 
 office is given away, and the expectants of office are more 
 numerous than the possessors. 
 
 Fourth. ' ' That the Congress may by law deprive the elec- 
 tors of a fair choice of their representatives, by fixing im- 
 proper times, places and modes of election." 
 
 Every House of Representatives is of necessity to be the 
 judges of the elections, returns and qualifications of its own 
 members. It is therefore their province, as well as duty, to 
 see that they are fairly chosen, and are the legal members; 
 for this purpose, it is proper they should have it in their 
 power to provide, that the times, places and manner of elec- 
 tion, should be such as to ensure free and fair elections. 
 
 Annual congresses are expressly secured; they have only a 
 power given to them, to take care, that the elections shall be 
 at convenient and suitable times and places, and conducted 
 in a proper manner; and I cannot discover why we may not 
 entrust these particulars to the representatives of the United 
 States, with as much safety as to those of the individual 
 States. 
 
373 The Debate m the Convention. 
 
 In some States the electors vote viva voce, in others by 
 ballot; they ought to be uniform, and the elections held on 
 the same day throughout the United States, to prevent cor- 
 ruption or undue influence. Why are we to suppose that 
 Congress will make a bad use of this power, more than the 
 representatives in the several States? 
 
 It is said "that the powers of Congress, under this consti- 
 tution, are too large, particularly in laying internal taxes and 
 excises, because they may lay excessive taxes, and leave noth- 
 ing for the support of the State governments. ' ' Sir, no doubt 
 but you will discover, on consideration, the necessity of ex- 
 tending these powers to the government of the Union. If 
 they have to borrow money, they are certainly bound in honor 
 and conscience to pay the interest, until they pay the princi- 
 pal, as well to the foreign as to the domestic creditor ; it 
 therefore becomes our duty to put it in their power to be 
 honest. At present, sir, this is not the case, as experience 
 has fully shown. Congress have solicited and required the 
 several States to make provision for these purposes; has one 
 State paid its quota ? I believe not one of them ; and what 
 has been the result ? Foreigners have been compelled to ad- 
 vance money, to enable us to pay the interest due them on 
 what they furnished to Congress during the late war. I trust, 
 we have had experience enough to convince us, that Congress 
 ought no longer to depend upon the force of requisition. I 
 heard it urged, that Congress ought not to be authorized to 
 collect taxes, until a State had refused to comply with this 
 requisition. I^et us examine this position. The engage- 
 ments entered into by the general government, render it nec- 
 essary that a certain sum shall be paid in one year; notwith- 
 standing this, they must not have power to collect it until 
 the year expires, and then it is too late. Or is it expected 
 that Congress would borrow the deficiency? Those who lent 
 us in our distress, have little encouragement to make advan- 
 ces again to our government; but give the power to Congress 
 to lay such taxes as may be just and necessary, and public 
 credit will revive: yet, because they have the power to lay 
 taxes and excise, does it follow that they must? For my 
 
The Debate in the Convention. 2)12> 
 
 part, I hope it may not be necessary; but if it is, it is much 
 easier for the citizens of the United States to contribute their 
 proportion, than for a few to bear the weight of the whole 
 principal and interest of the domestic debt; and there is per- 
 fect security on this head, because the regulation must equally 
 affect every State, and the law must originate with the imme- 
 diate representatives of the people, subject to the investiga- 
 tion of the State representatives. But is the abuse an argu- 
 ment against the use of power? I think it is not ; and, upon 
 the whole, I think this power wisely and securely lodged in 
 the hands of the general government; though on the first 
 view of this work, I was of opinion they might have done 
 without it; but, sir, on reflection, I am satisfied that it is not 
 only proper, but that our political salvation may depend upon 
 the exercise of it. 
 
 The next objection is against "the power of raising and 
 supporting armies, and the appropriation of money for that 
 use, shoiild not be for so long a term as two years." Is it 
 not necessary that the authority superintending the general 
 concerns of the United States, should have the power of rais- 
 ing and supporting armies ? Are we, sir, to stand defenseless 
 amidst conflicting nations? Wars are inevitable, but war 
 cannot be declared without the consent of the immediate 
 representatives of the people ; there must also originate the 
 law which appropriates the money for the support of the 
 army, yet they can make no appropriation for a longer term 
 than two years; but does it follow that because they may 
 make appropriations for that period, that they must or even - 
 will do it ? The power of raising and supporting armies, is 
 not only necessary, but is enjoyed by the present Congress, 
 who also judge of the expediency or necessity of keeping 
 them up. In England there is a standing army; though in 
 words it is engaged but for one year, yet is it not kept con- 
 stantly up ? is there a year that parliament refuses to grant 
 them supplies? Though this is done annually, it might be 
 done for any longer term. Are not their officers commis- 
 sioned for life? and when they exercise this power with so 
 much prudence, shall the representatives of this country be 
 suspected the more, because they are restricted to two years ? 
 
374 The Debate in the Convetttion. 
 
 It is objected that the powers of Congress are too large, be- 
 cause ' ' they have the power of calling forth the militia on 
 necessary occasions, and may call them from one end of the 
 continent to the other, and wantonly harass them; besides, 
 they may coerce men to act in the militia whose consciences 
 are against bearing arms in any case." It is true, by this 
 system, power is given to Congress to organize, arm, and dis- 
 cipline the militia, but everything else is left to the State 
 governments; they are to officer and train them. Congress 
 have also the power of calling them forth, for the purpose of 
 executing the laws of the Union, suppressing insurrections 
 and repelling invasions ; but can it be supposed they would 
 call them in such cases from Georgia to New Hampshire? 
 Common sense must oppose the idea. 
 
 Another objection was taken from these words of the con- 
 stitution: "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 gov- 
 ernment of the United States, or in any department, or offi- 
 cer thereof. ' ' And in declaring ' ' that this constitution, and 
 the laws of the United States which shall be made in pursu- 
 ance thereof, and all treaties made, or which shall be made, 
 under the authority of the United States, shall be the supreme 
 law of the land. ' ' This has at last been conceded, that though 
 it is explicit enough, yet it gives to Congress no further pow- 
 ers than those already enumerated. Those that first said it 
 gave to Congress the power of superseding the State govern- 
 ments, cannot persist in it; for no person can, with a toler- 
 able face, read the clauses over, and infer that such may be 
 the consequence. 
 
 Provision is made that Congress shall have power to pro- 
 hibit the importation of slaves after the year 1808, but the 
 gentlemen in opposition accuse this system of a crime, be- 
 cause it has not prohibited them at once. I suspect those 
 gentlemen are not well acquainted with the business of the 
 diplomatic body, or they would know that an agreement 
 might be made, that did not perfectly accord with the will 
 and pleasure of any one person. Instead of finding fault with 
 
The Debate in the Convention. 375 
 
 what has been gained, I am happy to see a disposition in the 
 United States to do so much. 
 
 The next objections have been against the executive power; 
 it is complained of, "because the whole of the executive 
 power is not lodged in the President alone, so that there 
 might be one responsible person; he has the sole powers of 
 pardoning offences against the United States, and may there- 
 fore pardon traitors, for treasons committed in consequence 
 of his own ambitious or wicked projects, or those of the 
 Senate." 
 
 Observe the contradiction, sir, in these two objections; one 
 moment the system is blamed for not leaving all executive 
 authority to the President alone, the next it is censured for 
 giving him the sole power to pardon traitors. I am glad to 
 hear these objections made, because it forebodes an amend- 
 ment in that body in which amendment is necessary. The 
 President of the United States must nominate to all offices, 
 before the persons can be chosen; he here consents and 
 becomes liable. The executive council of Pennsylvania 
 appoint officers by ballot, which effectually destroys respon- 
 sibility. He may pardon offences, and hence it is inferred 
 that he may pardon traitors, for treason committed in con- 
 sequence of his own ambitious and wicked projects. The 
 executive council of Pennsylvania can do the same. But the 
 President of the United States may be impeached before the 
 Senate and punished for his crimes. 
 
 "The vice- President is an useless officer;" perhaps the 
 government might be executed without him, but there is a 
 necessity of having a person to preside in the Senate, to con- 
 tinue a full representation of each State in that body. The 
 Chancellor of England is a judicial officer, yet he sits in the 
 House of lyords. 
 
 The next objection is against the judicial department. 
 The judicial power shall be vested in one Supreme Court. 
 An objection is made that the compensation for the services 
 of the judges shall not be diminished during their continu- 
 ance in office, and this is contrasted with the compensation 
 of the President, which is to be neither increased nor dimin- 
 
376 The Debate in the Convention. 
 
 Lshed during the period for which he shall be elected. But 
 that of the judges may be increased, and the judges may hold 
 other offices of a lucrative nature, and his judgment be 
 thereby warped. 
 
 Do gentlemen not see the reason why this difference is 
 made? do they not see that the President is appointed but 
 for four years, whilst the judges may continue for life, if they 
 shall so long behave themselves well ? In the first case, little 
 alteration can happen in the value of money; but in the 
 course of a man's life, a very great one may take place from 
 the discovery of silver and gold mines, and the great influx 
 of those metals; in which case an increase of salary may be 
 requisite. A security that their compensation shall not be 
 lessened, nor they have to look up to every session for salary, 
 will certainly tend to make those officers more easy and inde- 
 pendent. 
 
 " The judges may hold other offices of a lucrative nature." 
 This part of the objection reminds me of the scheme that was 
 fallen upon in Pennsylvania, to prevent any person from 
 taking up large tracts of land: a law was passed restricting 
 the purchase to a tract not exceeding three hundred acres; 
 but all the difference it made, was, that the land was taken up 
 by several patents, instead of one, and the wealthy could 
 procure, if they chose it, three thousand acres. What though 
 the judges could hold no other office? might they not have 
 brothers, children and other relations, whom they might wish 
 to see placed in the offices forbidden to themselves? I see no 
 apprehensions that may be entertained on this account 
 
 That in all cases enumerated, except where the Supreme 
 Court has original jurisdiction, "they shall have appellate 
 jurisdiction both as to law and fact, with such exceptions and 
 under such regulations as the Congress shall make. ' ' From 
 this is inferred that the trial by jury is not secured; and an 
 objection is set up to the system, because they have jurisdic- 
 tion between citizens of different States. Regulations, under 
 this head, are necessary, but the convention would form no 
 one that would have suited each of the United States. It has 
 been a subject of amazement to me to hear gentlemen contend 
 
The Debate in the Convention. 377 
 
 that the verdict of a jury shall be without revision in all 
 cases. Juries are not infallible because they are twelve in 
 number. When the law is so blended with the fact as to be 
 almost inseparable, may not the decision of a jury be errone- 
 ous? Yet notwithstanding this, trial by jury is the best 
 mode that is known. Appellate jurisdiction, sir, is known 
 in the common law, and causes are removed from inferior 
 courts by writ of error into some court of appeal. It is said 
 that the Lord Chancellor, in all cases, sends down to the lower 
 courts when he wants to determine a fact, but that opinion is 
 not well founded, because he determines nineteen out of 
 twenty without the intervention of any jury. The power to 
 try causes between citizens of different States was thought by 
 some gentlemen invidious ; but I apprehend they must see the 
 necessity of it, from what has been already said by my hon- 
 orable colleague. 
 
 ' ' That there is no bill or declaration of rights in this con- 
 stitution. ' ' 
 
 To this I answer, such a thing has not been deemed essen- 
 tial to liberty, excepting in Great Britain, where there is a 
 king and a House of Lords, quite distinct with respect to 
 power and interest from the rest of the people; or in Poland, 
 \)a.t. pacta conventa, which the king signs before he is crowned, 
 and in six States of the American United States. 
 
 Again, because it is unnecessary; for the powers of Con- 
 gress, being derived from the people in the mode pointed out 
 by this constitution, and being therein enumerated and posi- 
 tively granted, can be no other than what this positive grant 
 conveys. * 
 
 With respect to executive officers, they have no manner of 
 authority, any of them, beyond what is, hj positive grant and 
 commission, delegated to them. 
 
 "That this is a consolidation of the several States, and not 
 a confederation.''^ 
 
 To this I answer, the name is immaterial — the thing unites 
 the several States, and makes them like one in particular in- 
 
 * Locke on Civil Government, vol. 2, b. 2, chap, ii, sect. 141, and in the 
 xiiith chap. sect. 152. 
 
,-78 The Debate in the Convention. 
 
 stances and for particular purposes, which is what is ardently 
 desired by most of the sensible men in this country. I care 
 not whether it is called a consolidation, confederation, or na- 
 tional government, or by what other name, if it is a good 
 government, and calculated to promote the blessings of lib- 
 erty, tranquillity and happiness. 
 
 "It is an aristocracy^ and was intended to be so by the 
 framers of it." 
 
 Here again, sir, the name is immaterial, if it is a good sys- 
 tem of government for the general and common concerns of 
 the United States. But after the definition which has already 
 been given of an aristocratic government, it becomes unnec- 
 essary to repeat arguments to prove that this system does not 
 establish an aristocracy. 
 
 There have been some other small objections to, or rather 
 criticisms on this work, which I rest assured the gentlemen 
 who made them, will, on reflection, excuse me in omitting 
 to notice them. 
 
 Many parts of this constitution have been wrested and tor- 
 tured, in order to make way for shadowy objections, which 
 must have been observed by every auditor. Some other 
 things were said with acrimony; they seemed to be personal; 
 I heard the sound, but it was inarticulate. I can compare it 
 to nothing better than the feeble noise occasioned by the 
 working of small beer. 
 
 It holds in argument as well as nature, that destructio unius 
 est generatio alterius — the refutation of an argument begets a 
 proof. 
 
 The objections to this constitution having been answered, 
 and all done away, it remains pure and unhurt, and this alone 
 is a forcible argument of its goodness. 
 
 Mr. President, I am sure nothing can prevail with me to 
 give my vote for ratifying this constitution, but a conviction 
 from comparing the arguments on both sides, that the not 
 doing it is liable to more inconvenience and danger than the 
 doing it. 
 
 I. If you do it, you strengthen the government and people 
 of these United States, and will thereby have the wisdom and 
 assistance of all the States. 
 
The Debate in the Convention. 379 
 
 II. You will settle, establish and firmly perpetuate our in- 
 dependence, by destroying the vain hopes of all its enemies, 
 both at home and abroad. 
 
 III. You will encourage your allies to join with you; nay 
 to depend, that what hath been stipulated or shall hereafter 
 be stipulated and agreed upon, will be punctually performed, 
 and other nations will be induced to enter into treaties with 
 you. 
 
 IV. It will have a tendency to break our parties and divi- 
 sions, and by that means, lay a firm and solid foundation for 
 the future tranquility and happiness of the United States in 
 general, and of this State in particular. 
 
 V. It will invigorate your commerce, and encourage ship- 
 building. 
 
 VI. It will have a tendency not only to prevent any other 
 nation from making war upon you, but from ofiering you 
 any wrong or even insult. 
 
 In short, the advantages that must result from it are ob- 
 viously so numerous and important, and have been so fully 
 and ably pointed out by others, that it appears to be unnec- 
 essary to enlarge on this head. 
 
 Upon the whole, sir, the law has been my study from my 
 infancy, and my only profession. I have gone through the 
 circle of ofiice, in the legislative, executive and judicial 
 departments of government; and from all my study, obser- 
 vation and experience, I must declare, that from a full exam- 
 ination and due consideration of this system, it appears to me 
 the best the world has yet seen. 
 
 I congratulate 3'ou on the fair prospect of its being adopted, 
 and am happy in the expectation of seeing accomplished, 
 what has been long my ardent wish — that you will hereafter 
 have a salutary permanency in magistracy and stability 
 IN THE LAWS. 
 
 Tuesday^ December nth. 
 
 [Mr. Wilson occupied the entire day with his reply to the 
 objections made to the constitution. Says the Packet^^ 
 
 On Tuesday, morning, Mr. Wilson entered into a general 
 answer of all the objections urged by the opposition, but, be- 
 
380 The Debate in the Convention. 
 
 ing fatigued, the conclusion of his speech was postponed till 
 the afternoon. The substance of this, and of the several 
 speeches of the members on both sides, will be given in the 
 regular course of the debates. * 
 
 [lyloyd's report of the speech is this:]t 
 
 Tuesday^ December nth. 
 Mr. Wilson. Three weeks have now elapsed since this 
 convention met. Some of the delegates attended on Tuesday, 
 the 20th of November, a great majority within a day or two 
 afterwards, and all but one on the fourth day. We have 
 been since employed in discussing the business for which we 
 are sent here. I think it will now become evident to every 
 person who takes a candid view of our discussions, that it is 
 high time our proceedings should draw toward a conclusion. 
 Perhaps our debates have already continued as long, nay 
 longer than is sufficient for any good purpose. The business 
 which we were intended to perform is necessarily reduc to 
 a very narrow compass. The single question to be de- 
 termined is, shall we assent to and ratify the constitution 
 proposed? As this is the first State whose convention has 
 met on the subject, and as the subject itself is of very great 
 importance, not only to Pennsylvania but to the United 
 States, it was thought proper fairly, openly and candidly, to 
 canvass it. This has been done. You have heard, Mr. 
 President, from day to day and from week to week, the ob- 
 jections that could be offered from any quarter. We have 
 heard those objections once — ^we have heard a great number 
 of them repeated much oftener than once. Will it answer 
 any valuable end, sir, to protract these debates longer? I 
 suppose it will not. I apprehend it may serve to promote very 
 pernicious and destructive purposes. It may perhaps be in- 
 sinuated to other States, and even to distant parts of this 
 State, by people in opposition to this system, that the ex- 
 pediency of adopting is at most very doubtful, and that the 
 business labors among the members of the convention. 
 
 * Pennsylvania Packet, Dec. 13, 1787. 
 t Lloyd's Debates. 
 
The Debate in the Convention. 381 
 
 This would not be a true representation of the fact; for 
 there is the greatest reason to believe, that there is a very 
 considerable majority, who do not hesitate to ratify the con- 
 stitution. We were sent here to express the voice of our 
 constituents on the subject, and I believe that many of them 
 expected to hear the echo of that voice before this time. 
 
 When I consider the attempts that have been made on this 
 floor, and the many misrepresentations of what has been said 
 among us that have appeared in the public papers, printed in 
 this city, I confess that I am induced to suspect that oppor- 
 tunity may be taken to pervert and abuse the principles on 
 which the friends of this constitution act. If attempts are 
 made here, will they not be repeated when the distance is 
 greater, and the means of information fewer? Will they not 
 at length produce an uneasiness, for which there is, in fact, 
 no cause ? Ought we not to prohibit any such uses being 
 made of the continuance of our deliberations? We do not 
 wish to preclude debate — of this our conduct has furnished 
 the most ample testimony. The members in opposition have 
 not been prevented a repetition of all their objections, that 
 they could urge against this plan. 
 
 The honorable gentleman from Fayette (Mr. Smilie) the 
 other evening claimed for the minority, the merit of contend- 
 ing for the rights of mankind; and he told us, that it has 
 been the practice of all ages, to treat such minorities with 
 contempt: he further took the liberty of observing, that if 
 the majority had the power, they do not want the inclination 
 to consign the minority to punishment. I know that claims, 
 self-made, form no small part of the merit, to which we have 
 heard undisguised pretences; but it is one thing to claim, 
 and it is another thing, very different indeed, to support 
 that claim. The minority, sir, are contending for the rights 
 of mankind; what then are the majority contending for? If 
 the minority are contending for the rights of mankind, the 
 majority must be contending for the doctrines of tyranny and 
 slavery. Is it probable that is the case? Who are the 
 majority in this assembly? Are they not the people? are 
 they not the representatives of the people, as well as the 
 
383 The Debate in the Convention, 
 
 niiuority? Were they not elected by the people as well as 
 by the minority? Were they not elected by the greater part 
 of the people? Have we a single right separate from the 
 rights of the people? Can we forge fetters for others, that 
 will not be clasped round our own limbs ? Can we make 
 heavy chains, that shall not cramp the growth of our own 
 posterity? On what fancied distinction shall the minority 
 assume to themselves the merit of contending for the rights 
 of mankind ? 
 
 Sir, if the system proposed by the late convention, and the 
 conduct of its advocates who have appeared in this house, de- 
 serve the declarations and insinuations that have been made 
 concerning them — well may we exclaim — 111 fated America! 
 thy crisis was approaching! perhaps it was come ! Thy various 
 interests were neglected — thy most sacred rights were insecure. 
 Without a government ! without energy ! without confidence 
 internally! without respect externally! the advantages of soci- 
 ety were lost to thee! In such a situation, distressed but not 
 despairing, thou desiredst to re-assume thy native vigor, and 
 to lay the foundation of future empire! Thou selectedst a 
 number of thy sons, to meet together for the purpose. The 
 selected and honored characters met; but horrid to tell! they 
 not only consented, but they combined in an aristocratic sys- 
 tem, calculated and intended to enslave their country! Un- 
 happy Pennsylvania! thou, as a part of the union, must share 
 in its unfortunate fate! for when this system, after being laid 
 before thy citizens, comes before the delegates selected by you 
 for its consideration, there are found but three of the numerous 
 members that have virtue enough to raise their voices in 
 support of the rights of mankind! America, particularly 
 Pennsylvania, must be ill-starred indeed, if this is the true 
 state of the case! I trust we may address our country in far 
 other language. 
 
 Happy America! thy crisis was indeed alarming, but thy 
 situation was not desperate. We had confidence in our 
 country ; though on whichever side we turned, we were 
 presented with scenes of distress. Though the jarring inter- 
 ests of the various States, and the different habits and incli- 
 
The Debate in the Convention. 383 
 
 nations of their inhabitants, all lay in the way, and rendered 
 our prospect gloomy and discouraging indeed, yet such were 
 the generous and mutual sacrifices offered up, that amidst 
 forty-two members, who represented twelve of the United 
 States, there were only three who did not attest the instru- 
 ment as a confirmation of its goodness. Happy Pennsylvania! 
 this plan has been laid before thy citizens for consideration, 
 they have sent delegates to express their voice; and listen, 
 with rapture listen! from only three opposition has been 
 heard against it. 
 
 The singular unanimity that has attended the whole pro- 
 gress of their business will in the minds of those considerate 
 men, who have not had opportunity to examine the general and 
 particular interest of their country, prove to their satisfaction 
 that it is an excellent constitution, and worthy to be adopted, 
 ordained and established by the people of the United States. 
 
 After having viewed the arguments drawn from probability^ 
 whether this is a good or a bad system, whether those who 
 contend for it, or those who contend against it, contend for the 
 rights of mankind, let us step forward and examine the fact. 
 
 We were told some days ago, by the honorable gentleman 
 from Westmoreland (Mr. Findley), when speaking of this 
 system and its objects, that the convention, no doubt, thought 
 they were forming a compact or contract of the greatest im- 
 portance. Sir, I confess I was much surprised at so late a 
 stage of the debate to hear such principles maintained. It 
 was matter of surprise to see the great leading principle of 
 this system still so very much misunderstood. ' ' The con- 
 vention, no doubt, thought they were forming 'a contract!' " 
 I cannot answer for what every member thought; but I be- 
 lieve it cannot be said that they thought they were making a 
 contract, because I cannot discover the least trace of a com- 
 pact in that system. There can be no compact unless there 
 are more parties than one. It is a new doctrine that one can 
 make a compact with himself " The convention were form- 
 ing compacts!" With whom? I know no bargains that 
 were made there. I am unable to conceive who the parties 
 could be. The State governments make a bargain with one 
 
384 The Debate in the Convention, 
 
 another; that is the doctrine that is endeavored to be estab- 
 lished, by gentlemen in opposition; their State sovereignties 
 wish to be represented! But far other were the ideas of this 
 convention, and far other are those conveyed in the system 
 itself 
 
 As this subject has been often mentioned, and as often mis- 
 understood, it may not be improper to take some further no- 
 tice of it. This, Mr. President, is not a government founded 
 upon compact; it is founded upon the power of the people. 
 They express in their name and their authority, ' ' JVe the 
 People do ordain and establish^ ' ' &c. , from their ratification, 
 and their ratification alone it is to take its constitutional au- 
 thenticity; without that it is no more than tabula rasa. 
 
 I know very well all the common-place rant of State sove- 
 reignties, and that government is founded in original com- 
 pact. If that position was examined, it will be found not to 
 accede very well with the true principle of free government. 
 It does not suit the language or genius of the system before 
 us. I think it does not accord with experience, so far as I 
 have been able to obtain information from history. 
 
 The greatest part of governments have been founded on 
 conquest; perhaps a few early ones may have had their origin 
 in paternal authority. Sometimes a family united, and that 
 family afterv»ards extended itself into a community. But 
 the greatest governments which have appeared on the face of 
 the globe have been founded in conquest. The great empires 
 of Assyria, Persia, Macedonia and Rome, were all of this 
 kind. I know well that in Great Britain, since the revolu- 
 tion, it has become a principle that the constitution is founded 
 in contract; but the form and time of that contract no writer 
 has yet attempted to discover. It was, however, recognized 
 at the time of the revolution, therefore is politically true. 
 But we should act very imprudently to consider our liberties 
 as placed on such foundation. 
 
 If we go a little further on this subject, I think we see 
 that the doctrine of original compact cannot be supported 
 consistently with the best principles of government. If we 
 admit it, we exclude the idea of amendment; because a con- 
 
The Debate in the Convention. 385 
 
 tract once entered into between the governor and governed 
 becomes obligatory, and cannot be altered but by the mu- 
 tual consent of both parties. The citizens of United Amer- 
 ica, I presume, do not wish to stand on that footing, with 
 those to whom, from convenience, they please to delegate the 
 exercise of the general powers necessary for sustaining and 
 preserving the Union. They wish a principle established, by 
 the operation of which the legislatures may feel the direct 
 authority of the people. The people possessing that author- 
 ity, will continue to exercise it by amending and improving 
 their own work. This constitution may be found to have 
 defects in it; amendments hence may become necessary; but 
 the idea of a government founded on contract, destroys the 
 means of improvement. We hear it every time the gentle- 
 men are up, ' ' Shall we violate the confederation, which directs 
 every alteration that is thought necessary to be established 
 by the State legislatures only?" Sir, those. gentlemen must 
 ascend to a higher source; the people fetter themselves by no 
 contract. If your State legislatures have cramped themselves 
 by compact, it was done without the authority of the people, 
 who alone possess the supreme, power. 
 
 I have already shown, that; this. system is not a compact or 
 contract; the system itself tells you what it is; it is an ordi- 
 nance and establishment of the people. I think that the 
 force of the introduction to the work, must by this time have 
 been felt. It is not an unmeaning flourish. The expressions 
 declare, in a practical manner, the principle of this constitu- 
 tion. It is ordained and established by the people themselves ; 
 and we, who give our votes for it, are merely the proxies of 
 our constituents. We sign it as their attorneys, and as to our- 
 selves, we agree to it as individuals. 
 
 We are told by honorable gentlemen in opposition, "that 
 the present confederation should have been continued, but 
 that additional powers should have been given to it: that 
 such was the business of the late convention, and that they 
 had assumed to themselves the power of proposing another 
 in its stead; and that which is proposed, is such an one as 
 was not expected by the legistatures nor by the people." I 
 25 
 
386 The Debate in the Convention. 
 
 apprehend this would have been a very insecure, very inade- 
 quate, and a very pernicious mode of proceeding. Under the 
 present confederation. Congress certainly do not possess suf- 
 ficent power; but one body of men we know they are; and 
 were they invested with additional powers, they must become 
 dangerous. Did not the honorable gentleman himself tell us, 
 that the powers of government, vested either in one man, or 
 one body of men, formed the very description of tyranny ? 
 To have placed in the present, the legislative, the executive 
 and judicial authority, all of which are essential to the gen- 
 eral government, would indubitably have produced the sever- 
 est despotism. From this short deduction, one of these two 
 things must have appeared to the convention, and must ap- 
 pear to every man, who is at the pains of thinking on the 
 subject. It was indispensably necessary, either to make a 
 new distribution of the powers of government, or to give such 
 powers to one body of men as would constitute a tyranny. 
 If it was proper to avoid tyranny, it becomes requisite to 
 avoid placing additional powers in the hands of a Congress, 
 constituted like the present; hence the conclusion is war- 
 ranted, that a different organization ought to take place. 
 
 Our next inquiry ought to be, whether this is the most 
 proper disposition and organization of the necessary powers. 
 But before I consider this subject, I think it proper to notice 
 one sentiment, expressed by an honorable gentleman from the 
 county of Cumberland (Mr. Whitehill); he asserts the extent 
 of the government is too great, and this system cannot be 
 executed. What is the consequence, if this assertion is true? 
 It strikes directly at the root of the Union. 
 
 I admit, Mr. President, there are great difficulties in adap- 
 ting a system of good and free governments to the extent of 
 our country. But I am sure that our interests as citizens, as 
 States and as a nation, depend essentially upon an Union. 
 This constitution is proposed to accomplish that great and 
 desirable end. Let the experiment be made, let the system 
 be fairly and candidly tried, before it is determined that it 
 cannot be executed. 
 
 I proceed to another objection; for I mean to answer those 
 
The Debate in the Convention. 387 
 
 that have been suggested, since I had the honor of addressing 
 yon last week. It has been alleged by honorable gentlemen, 
 that this general government possesses powers, for internal 
 purposes, and that the general government cannot exercise 
 internal powers. The honorable member from Westmore- 
 land (Mr. Findley) dilates on this subject, and instances the 
 opposition that was made by the colonies against Great 
 Britain, to prevent her imposing internal taxes or excises. 
 And before the Federal Government will be able to impose 
 the one, or obtain the other, he considers it necessary that it 
 should possess power for every internal purpose. 
 
 Let us examine these objections; if this government does 
 not possess internal as well as external power, and that power 
 for internal as well as external purposes, I apprehend that 
 all that has hitherto been done, must go for nothing. I ap- 
 prehend a government that cannot answer the purposes for 
 which it is intended, is not a government for this country. I 
 know that Congress, under the present articles of confedera- 
 tion, possess no internal power, and we see the consequences : 
 they can recommend; they can go further, they can make 
 requisitions; but there they must stop. For as far as I recol- 
 lect, after making a law, they cannot take a single step to- 
 wards carrying it into execution. I believe it will be found 
 in experience, that with regard to the exercise of internal 
 powers, the general government will not be unnecessarily 
 rigorous. The future collection of the duties and imposts, 
 will, in the opinion of some, supersede the necessity of hav-, 
 ing recourse to internal taxation. The United States will 
 not, perhaps, be often under the necessity of using this power 
 at all; but if they should, it will be exercised only in a 
 moderate degree. The good sense of the citizens of the 
 United States, is not to be alarmed by the picture of taxes 
 collected at the point 6f the bayonet. There is no more rea- 
 son to suppose that the delegates and representatives in Con- 
 gress, any more than the legislature of Pennsylvania, or any 
 other State, will act in this manner. Insinuations of this 
 kind, made against one body of men, and not against another, 
 though both the representatives of the people, are not made 
 
388 The Debate tn the Convention. 
 
 with propriety, nor will they have the weight of argument. 
 I apprehend the greatest part of the revenue will arise from 
 external taxation. But certainly it would have been very 
 unwise in the late convention to have omitted the addition 
 of the other powers; and I think it would be very unwise in 
 this convention to refuse to adopt this constitution, because 
 it grants Congress power to lay and collect taxes, for the pur- 
 pose of providing for the common defense and general wel- 
 fare of the United States. 
 
 What is to be done to effect these great purposes, if an im- 
 post should be found insufficient? Suppose a war was sud- 
 denly declared against us by a foreign power, possessed of a 
 formidable navy: our navigation would be laid prostrate, our 
 imposts must cease; and shall our existence as a nation, de- 
 pend upon the peaceful navigation of our seas? A strong 
 exertion of maritime power, on the part of an enemy, might 
 deprive us of these sources of revenue in a few months. It 
 may suit honorable gentlemen, who live at the western ex- 
 tremity of this State, that they should contribute nothing, by 
 internal taxes, to the support of the general government. 
 They care not what restraints are laid upon our commerce; 
 for what is the commerce of Philadelphia to the inhabitants 
 on the other side the Alleghany Mountain? But though it 
 may suit them, it does not suit those in the lower part of the 
 State, who are by far the most numerous. Nor can we 
 agree that our safety should depend altogether upon a 
 revenue arising from commerce. 
 
 Excise may be a necessary mode of taxation; it takes place 
 in most States already. 
 
 The capitation tax is mentioned as one of those that are 
 exceptionable. In some States, that mode of taxation is used; 
 but I believe in many, it would be received with great reluc- 
 tance; there are one or two States, where it is constantly in 
 use, and without any difficulties and inconveniences arising 
 from it. An excise, in its very principles, is an improper 
 tax, if it could be avoided; but yet it has been a source of 
 revenue in Pennsylvania, both before the revolution and 
 since; during all which time, we have enjoyed the benefit of 
 free government. 
 
The Debate in the Convention. 389 
 
 I presume, sir, that the executive powers of governmeut 
 ought to be commensurate with the government itself, and 
 that a government which cannot act in every part, is so far 
 defective. Consequently it is necessary, that Congress pos- 
 sess powers to tax internally, as well as externally. 
 
 It is objected to this system, that under it there is no sov- 
 ereignty left in the State governments. I have had occasion 
 to reply to this already; but I should be very glad to know at 
 what period the State governments became possessed of the 
 supreme power. On the principle on which I found my 
 arguments, and that is the principle of this constitution, the 
 supreme power resides in the people. If they choose to in- 
 dulge a part of their sovereign power to be exercised by the 
 State governments, they may. If they have done it, the 
 States were right in exercising it; but if they think it no 
 longer safe or convenient, they will resume it, or make a new 
 distribution, mere likely to be productive of that good, which 
 ought to be our constant aim. 
 
 .The power both of the general government, and the State 
 governments, under this system, are acknowledged to be so 
 many emanations of power from the people. The great ob- 
 ject now to be attended to, instead of disagreeing about who 
 shall possess the supreme power, is to consider whether the 
 present arrangement is well calculated to promote and secure 
 the tranquility and happiness of our common country. These 
 are the dictates of sound and unsophisticated sense, and what 
 ought to employ the attention and judgment of this honorable 
 body. 
 
 We are next told, by the honorable gentlemen in opposition 
 (as indeed we have been from the beginning of the debates in 
 this convention, to the conclusion of their speeches yester- 
 day) that this is a consolidated government, and will abolish 
 the State governments. Definitions of a consolidated govern- 
 ment have been called for; the gentlemen gave us what they 
 termed definitions, but it does not seem, to me at least, that 
 they have as yet expressed clear ideas upon that subject. I ' 
 will endeavor to state their different ideas upon this point. 
 
 The gentleman from Westmoreland (Mr. Findley) when 
 
3go The Debate in the Conventton. 
 
 speaking on this subject, says, that he means by a consolida- 
 tion, that government which puts the thirteen States into 
 one. 
 
 The honorable gentleman from Fayette (Mr. Smilie) gives 
 you this definition: "What I mean by a consolidated govern- 
 ment, is one that will transfer the sovereignty from the State 
 governments to the general government. ' ' 
 
 The honorable member from Cumberland (Mr. Whitehill) 
 instead of giving you a definition, sir, tells you again, that 
 "it is a consolidated government, and we have proved it so." 
 
 These, I think, sir, are the different descriptions given us 
 of a consolidated government. As to the first, that it is a 
 consolidated government, that puts the thirteen United 
 States into one; if it is meant, that the general government 
 will destroy the governments of the States, I will admit that 
 such a government would not suit the people of America: It 
 would be improper for this country, because it could not be 
 proportioned to its extent on the principles of freedom. But 
 that description does not apply to the system before you. 
 This, instead of placing the State governments in jeopardy, 
 is founded on their existence. On this principle, its organi- 
 zation depends; it must stand or fall, as the State governments 
 are secured or ruined. Therefore, though this may be a very , 
 proper description of a consolidating government, yet it must 
 be disregarded as inapplicable to the proposed constitution. 
 It is not treated with decency, when such insinuations are 
 ofifered against it. 
 
 The honorable gentleman (Mr. Smilie) tells you, that a 
 consolidating government "is one that will transfer the 
 sovereignty from the State governments to the general gov- 
 ernment. ' ' Under this system, the sovereignty is not in the 
 possession of the State governments, therefore it cannot be 
 transferred from them to the general government. So that 
 in no point of view of this definition, can we discover that it 
 applies to the present system. 
 
 In the exercise of its powers will be insured the exercise 
 of their powers to the State government; it will insure peace 
 and stability to them; their strength will increase with its 
 strength, their growth will extend with its growth. 
 
The Debate in the Convention. 391 
 
 Indeed, narrow minds, and some such there are in every 
 government — narrow minds, and intriguing spirits — will be 
 active in sowing dissentions and promoting discord between 
 them. But those whose understandings and whose hearts 
 are good enough to pursue the general welfare, will find, that 
 what is the interest of the whole, must, on the great scale, be 
 the interest of every part. It will be the duty of a State, as 
 of an individual, to sacrifice her own convenience to the gen- 
 eral good of the Union. 
 
 The next objection that I mean to take notice of is, that 
 the powers of the several parts of this government are not 
 kept as distinct and independent as they ought to be. I ad- 
 mit the truth of this general sentiment. I do not think, that 
 in the powers of the Senate, the distinction is marked with 
 so much accuracy as I wished, and still wish; but yet I am 
 of opinion that real and efiectual security is obtained, which 
 is saying a great deal. I do not consider this part as wholly 
 unexceptionable; but even where there are defects in this 
 system, they are improvements upon the old. I will go a 
 little further; though in this system, the distinction and in- 
 dependence of power is not adhered to with entire theoretical 
 precision, yet it is more s^trictly adhered to than in any other 
 system of government in the world. In the Constitution of 
 Pennsylvania, the executive department exercises judicial 
 powers, in the trial of public officers ; yet a similar power in 
 this system is complained of ; at the same time the constitu- 
 tion of Pennsylvania is referred to, as an example for the late 
 convention to have taken a lesson by. 
 
 In New Jersey, in Georgia, in South Carolina, and in 
 North Carolina, the executive power is blended with the 
 legislative. Turn to their constitutions, and see in how many 
 instances. 
 
 In North Carolina, the senate and house of commons elect 
 the governor himself; they likewise elect seven persons, to 
 be a council of State, to advise the governor in the execution 
 of his office. Here we find the whole executive department 
 under the nomination of the legislature, at least the most im- 
 portant part of it. 
 
393 The Debate in the Convention. 
 
 In South Carolina, the legislature appoint the governor and 
 commander-in-chief, lieutenant governor and privy council. 
 "Justices of the peace shall be nominated by the legislature, 
 and commissioned by the governor, " and what is more, they 
 are appointed during pleasure. All other judicial officers are 
 to be appointed by the senate and house of representatives. I 
 might go further, and detail a great multitude of instances, 
 in which the legislative, executive, and judicial powers are 
 blended, but it is unnecessary; I only mention these to show, 
 that though this constitution does not arrive at what is called 
 perfection, yet it contains great improvements, and its pow- 
 ers are distributed with a degree of accuracy superior to what 
 is termed accuracy, in particular States. 
 
 There are four instances in which improper powers are said 
 to be blended in the Senate. We are told, that this govern- 
 ment is imperfect, because the Senate possess the power of 
 trying impeachments. But here, sir, the Senate are under a 
 check, as no impeachment can be tried until it is made; and 
 the House of Representatives possess the sole power of mak- 
 ing impeachments. We are told that the share which the 
 Senate have in making treaties, is exceptionable; but here 
 they are also under a check, by a constituent part of the gov- 
 ernment, and nearly the immediate representative of the peo- 
 ple — I mean the President of the United States. They can 
 make no treaty without his concurrence. The same observa- 
 tion applies in the appointment of officers. Every officer 
 must be nominated solely and exclusively by the President. 
 
 Much has been said on the subject of tieaties, and this 
 power is denominated a blending of the legislative and exec- 
 utive powers in the Senate. It is but justice to represent the 
 favorable, as well as unfavorable side of a question, and from 
 thence determine whether the objectionable parts are of a 
 sufficient weight to induce a rejection of this constitution. 
 
 There is no doubt, sir, but under this constitution, treaties 
 will become the supreme law of the land; nor is there any 
 doubt but the Senate and President possess the power of 
 making them. But though treaties are to have the force of 
 laws, they are in some important respects very different from 
 
The Debate in the Convention. 393 
 
 other acts of legislation. In making laws, our own consent 
 alone is necessary. In forming treaties, the concurrence of 
 another power becomes necessary; treaties, sir, are truly con- 
 tracts, or compacts, between the different states, nations, or 
 princes, who find it convenient or necessary to enter into 
 them. Some gentlemen are of opinion, that the power of 
 making treaties should have been placed in the legislature at 
 large; there are, however, reasons that operate with a great 
 force on the other side. Treaties are frequently (especially , 
 in time of war) of such a nature that it would be extremely 
 improper to publish them, or even commit the secret of their 
 negotiation to any great number of persons. For my part I 
 am not an advocate for secrecy in transactions relating to the 
 public; not generally even in forming treaties, because I 
 think that the history of the diplomatique corps will evince, 
 even in that great department of politics, the truth of an old 
 adage, that " honesty is the best policy," and this is the con- 
 duct of the most able negotiators; yet sometimes secrecy may 
 be necessary, and therefore it becomes an argument against 
 committing the knowledge of these transactions to too many 
 persons. But in their nature treaties originate differently 
 from laws. They are made by equal parties, and each side 
 has half of the bargain to make; they will be made between 
 us and the powers at the distance of three thousand miles. 
 A long series of negotiations will frequently precede them; 
 and can it be the opinion of these gentlemen, that the legis- 
 lature should be in session during this whole time ? It well 
 deserves to be remarked, that though the house of represen- 
 tatives possess no active part in making treaties, yet their 
 legislative authority will be found to have strong restraining 
 influence upon both President and Senate. In England, if 
 the king and his ministers find themselves, during their 
 negotiation, to be embarrassed, because an existing law is 
 not repealed, or a new law is not enacted, they give notice 
 to the legislature of their situation, and inform them that it 
 will be necessary, before the treaty can operate, that some 
 law be repealed, or some be made. And will not the same 
 thing take place here? Shall less prudence, less caution, 
 
394 
 
 The Debate in the Convention, 
 
 less moderation, take place among those who negotiate 
 treaties for the United States, than among those who nego- 
 tiate them for the other nations of the earth ? And let it be 
 attended to, that even in the making treaties the States are 
 immediately represented, and the people mediately repre- 
 sented; two of the constituent parts of the government must 
 concur in making them. Neither the President nor the Sen- 
 ate solely, can complete a treaty, they are checks upon each 
 other, and are so balanced as to produce security to the 
 people. 
 
 I might suggest other reasons, to add weight to what has 
 already been offered, but I believe it is not necessary; yet let 
 me, however, add one thing, the Senate is a favorite with 
 many of the States, and it was with difficulty that these 
 checks could be procured ; it was one of the last exertions of 
 conciliation, in the late convention, tliat obtained them. 
 
 It has been alleged, as a consequence of the small number 
 of representatives, that they will not know as intimately as 
 they ought, the interests, inclinations, or habits, of their con- 
 stituents. 
 
 We find on an e.xamination of all its parts, that the objects 
 of this government are such as extend bejond the bounds of 
 the particular States. This is the line of distinction between 
 this government and the particular State governments. 
 
 This principle I had an opportunity of illustrating on a 
 former occasion. Now when we come to consider the objects 
 of this government, we shall find, that in making our choice 
 of a proper character to be a member of the House of Repre- 
 sentatives, we ought to fix on one, whose mind and heart are 
 enlarged; who possesses a general knowledge of the interests 
 of America, and a disposition to make itse of that knowledge 
 for the advantage and welfare of his country. It belongs not 
 to this government to make an act for a particular township, 
 county, or State. 
 
 A defect in minute information, has not certainly been an 
 objection in the management of the business of the United 
 States, but the want of enlarged ideas, has hitherto been 
 chargeable on our councils; yet even with regard to minute 
 
TJie Debate in the Couvenlion. 395 
 
 knowledge, I do not conceive it impossible to find eight char- 
 acters, that may be very well informed as to the situation, 
 interests and views of every part of this State;, and who may 
 have a concomitant interest with their fellow citizens: they 
 could not materially injure others, without affecting their 
 own fortunes. 
 
 I did say, that in order to obtain that enlarged information 
 in our representatives, a large district for election would be 
 more proper than a small one. When I speak of large dis- 
 tricts, it is not agreeble to the idea entertained by the honor- 
 able member from Fayette (Mr. Smilie), who tells you, that 
 elections for large districts must be ill attended, because the 
 people will not choose to go very far on this business. It is 
 not meant, sir, by me, that the votes should be taken at one 
 place; no, sir, the elections may be held through this State, 
 in the same manner as elections for members of the general 
 assembly, and this may be done too without any additional 
 inconvenience or expense. 
 
 If it could be effected, all the people of the same society 
 ought to meet in one place, and communicate freely with 
 each other on the great business of representation. Though 
 this cannot be done in fact, yet we find that it is the most 
 favorite and constitutional idea. It is supported by this 
 principle too, that every inember is the representative of the 
 whole community, and not of a particular part. The larger 
 therefore the district is, the greater is the probability of select- 
 ing wise and virtuous characters, and the more agreeable it 
 is to the constitutional principle of representation. 
 
 As to the objection, that the House of Representatives may 
 be bribed by the Senate, I confess I do not see that bribery 
 is an objection against this system; it is rather an objection 
 against human nature. I am afraid that bribes in every gov- 
 ernment may be offered and received ; but let me ask of the 
 gentlemen who urge this objection, to point out where any 
 power is given to bribe under this Constitution? Ever}- 
 species of influence is guarded against as much as possible. 
 Can the Senate procure money to effect siich design ? All 
 public moneys must be disposed of by law, and it is necessary 
 
396 The Debate in the Convention. 
 
 that the House of Representatives originate such law. Be- 
 fore the money can be got out of the treasury, it must be ap- 
 propriated by law. If the legislature had the effrontery to 
 set aside three or four hundred thousand pounds for this pur- 
 pose, and the people would tamely suffer it, I grant it might 
 be done ; and in Pennsy vania the legislature might do the 
 same; for by a law, and that conformably to the Constitution, 
 they might divide among themselves what portion of the 
 public money they pleased. I shall just remark, Sir, that 
 the objections which have repeatedly been made, with regard 
 to "the number of representatives being too small, and that 
 they may possibly be made smaller; that the districts are too 
 large, and not within the reach of the people; and that the 
 House of Representatives may be bribed by the Senate." 
 These objections come with an uncommon degree of impro- 
 priety, from those who would refer us back to the articles of 
 confederation. For under those the representation of this 
 State cannot exceed seven members, and may consist of only 
 two; and these are wholly without the reach or control of the 
 people. Is there not also greater danger that the majority of 
 such a body might be more easily bribed, than the majority 
 of one, not only more numerous, but checked by a division 
 of two or three distinct and independent parts? The danger 
 is certainly better guarded against in the proposed system, 
 than in any other yet devised. 
 
 The next objections which I shall notice, are, "that the 
 powers of the Senate are too great, that the representation 
 therein is unequal, and that the Senate, from the smallness 
 of its number, may be bribed." Is there any propriety in 
 referring us to the confedera]:ion on this subject? Because, 
 in one or two instances, the Senate possess more power than 
 the House of Representatives, are these gentlemen supported 
 in their remarks, when they tell you they wished and ex- 
 pected more powers to be given to the present Congress, a 
 body certainly much more exceptionable than any instituted 
 under this system? 
 
 "That the representation in the Senate is unequal," I 
 regret, because I am of opinion the States ought to be repre- 
 
The Debate in the Convention. 307 
 
 sented according to their importance; but in this system 
 there is considerable improvement; for the true principle of 
 representation is carried into the House of Representatives, 
 and into the choice of the President; and without the assist- 
 ance of one or the other of these, the Senate is inactive, and 
 can do neither good or evil. 
 
 It is repeated again and again, by the honorable gentle- 
 men, "that the power over elections, which is given to the 
 general government in this system, is a dangerous power. " 
 I must own I feel myself surprised that an objection of this 
 kind should be persisted in, after what has been said by my 
 honorable colleague in reply. I think it has appeared by a 
 minute investigation of the subject, that it would have been 
 not only unwise, but highly improper in the late convention, 
 to have omitted this clause, or given less power than it does 
 over elections. Such powers, sir, are enjoyed by every State 
 government in the United States. In some, they are of a 
 much greater magnitude; and why should this be the only 
 one deprived of them? Ought not this, as well as every 
 other legislative body, to have the power of judging of the 
 qualifications of its own members? "The times, places and 
 manner of holding elections for representatives, may be 
 altered by Congress. ' ' This power, sir, has been shown to 
 be necessary, not only on some particular occasions, but even 
 to the very existence of the federal government. I have 
 heard some very improbable suspicions indeed, suggested 
 with regard to the manner in which it will be exercised. 
 Let us suppose it may be improperly exercised; is it not 
 more likely so to be by the particular States, than by the 
 government of the United States? because the general gov- 
 ernment will be more studious of the good of the whole, than 
 a particular State will be; and therefore, when the power of 
 regulating the time, place or manner of holding elections is 
 exercised by the Congress, it will be to correct the improper 
 regulations of a particular State. 
 
 I now proceed to the second article of this Constitution, 
 which relates to the executive department. 
 
 I find. Sir, from an attention to the argument used by the 
 
2g8 The Debate in the Convention. 
 
 gentlemen on the other side of the house, that there are but 
 few exceptions taken to this part of the system. I shall take 
 notice of them, and afterwards point out some valuable quali- 
 fications, which I think this part possesses in an eminent de- 
 gree. 
 
 The objection against the powers of the President, is not 
 that they are too many or too great, but to state it in the 
 gentlemen's own language, they are so trifling, that the Pre- 
 sident is no more than the tool of the Senate. 
 
 Now, Sir, I do not apprehend this to be the case, because 
 I see that he may do a great many things independent of the 
 Senate; and with respect to the executive powers of govern- 
 ment in which the . Senate participate, they can do nothing 
 without him. Now I would ask, which is most likely to be 
 the tool of the other? Clearly, Sir, he holds the helm, and 
 the vessel can proceed neither in one direction nor another, 
 without his concurrence. It was expected by many, that 
 the cry would have been against the powers of the President 
 as a monarchical power; indeed the echo of such sound was 
 heard, some time before the rise of the late convention. 
 There were men at that time, determined to make an attack 
 upon whatever system should be proposed, but they mistook 
 the point of direction. Had the President possessed those 
 powers, which the opposition on this floor are willing to con- 
 sign him, of making treaties, and appointing officers, with 
 the advice of a council of State, the clamor would have been, 
 that the House of Representatives, and the Senate, were the 
 tools of the monarch. This, Sir, is but conjecture, but I le^ve 
 it to those who are acquainted with the current of the poli- 
 tics pursued by the enemies to this system, to determine 
 whether it is a reasonable conjecture or not. 
 
 The manner of appointing the President of the United 
 States, I find, is not objected to, therefore I shall say little on 
 that point. But I think it well worth while to state to this 
 house, how little the diflSculties, even in the most difficult 
 part of this system, appear to have been noticed by the hon- 
 orable gentlemen in opposition. The Convention, Sir, were 
 perplexed with no part of this plan so much as with the mode 
 
The Debate in the Convention. jng 
 
 of choosing the President of the United States. For my own 
 part, I think the most unexceptionable mode, next after the 
 one prescribed in this Constitution, would be that practised 
 by the eastern States, and the State of New York; yet if 
 gentlemen object, that an eighth part of our country forms 
 a district too large for elections, how much more would they 
 object, if it was extended to the whole Union? On this sub- 
 ject, it was the opinion of a great majority in Convention, that 
 the thing was impracticable; other embarrassments presented 
 themselves. 
 
 Was the President to be appointed by the legislature? was 
 he to continue a certain time in ofiice, and afterward was he 
 to become inelegible? 
 
 To have the executive officers dependent upon the legisla- 
 tive, would certainly be a violation of that principle, so neces- 
 sary to preserve the freedom of republics, that the legislative 
 and executive powers should be separate and independent. 
 Would it have been proper, that he should be appointed 
 by the Senate? I apprehend that still stronger objections 
 could be urged against that — cabal, intrigue, corruption — 
 every thing bad would have been the necessary concomitant 
 of every election. 
 
 To avoid the inconveniences already enumerated, and many 
 others that might be suggested, the mode before us was 
 adopted. By it we avoid corruption, and we are little exposed 
 to the lesser evils of party and intrigue; and when the gov- 
 ernment shall be organized, proper care will undoubtedly be 
 taken to counteract influence even of that nature — the consti- 
 tution, with the same view, has directed that the day on 
 which the electors shall give their votes, shall be the same 
 throughout the United States. I flatter myself the experi- 
 ment will be a happy one for our country. 
 
 The choice of this officer is brought as nearly home to the 
 people as is practicable; with the approbation of the State 
 legislatures, the people may elect with only one remove; for 
 "each State shall appoint, in such manner as the legislature 
 thereof may direct, a number of electors equal to the whole 
 number of senators and representatives, to which the State 
 
400 The Debate in the Convention. 
 
 may be entitled in Congress." Under this regulation, it will 
 not be easy to corrupt the electors, and there will be little 
 time or opportunity for tumult or intrigue. This, Sir, will 
 not be like the elections of a Polish diet, begun in noise and 
 ending in bloodshed. 
 
 If gentlemen will look into this article, and read for them- 
 selves, they will find that there is no well-grounded reason 
 to suspect the President will be the tooloi'Cae. Senate. "The 
 President shall be commander in chief of the army and navy 
 of the United States, and of the milita of the several States, 
 when called into the actual service of the United States. 
 He may require the opinion in writing of the principal officers 
 in each of the executive departments, upon any subject rela- 
 tive to the duties of their respective offices; and he shall have 
 power to grant reprieves and pardons, for offences against the 
 United States." Must the President, after all, be called the 
 tool of the Senate ? I do not mean to insinuate that he has 
 more powers than he ought to have, but merely to declare, 
 that they are of such a nature as to place him above expres- 
 sions of contempt. 
 
 There is another power of no small magnitude, entrusted 
 to this officer: "He shall take care that the laws be faith- 
 fully executed." 
 
 I apprehend, that in the administration of this government, it 
 will not be found necessary for the Senate always to sit. I know 
 some gentlemen have insinuated and conjectured, that this 
 will be the case, but I am inclined to a contrary opinion. If 
 they had employment every day, no doubt but it might be the 
 wish of the Senate to continue their session; but from the 
 nature of their business, I do not think it will be necessary 
 for them to attend longer than the House of Representatives. 
 Besides their legislative powers, they possess three others, 
 viz., trying impeachments, concurring in making treaties, and 
 in appointing officers. With regard to their power in mak- 
 ing treaties, it is of importance that it should be very seldom 
 exercised — we are happily removed from the vortex of 
 European politics, and the fewer and the more simple our 
 negotiations with European powers, the better they will be; 
 
The Debate in the Convention. 401 
 
 if such be the case, it will be but once in a number of years, 
 that a single treaty will come before the Senate. I think, 
 therefore, that on this account it will be unnecessary to sit 
 constantly. With regard to the trial of impeachments, I 
 hope It is what will seldom happen. In this observation, 
 the experience of the ten last years supports me. Now there 
 IS only left the power of concurring in the appointment of 
 officers; but care is taken, in this constitution, that this 
 branch of business may be done without their presence— the 
 President is authorized to fill up all vacancies that may 
 happen during the recess of the Senate, by granting commis- 
 sions, which shall expire at the end of their next session. So 
 that on the whole the Senate need not sit longer than the 
 House of Representatives, at the public expense; and no 
 doubt if apprehensions are entertained of the Senate, the 
 House of Representatives will not provide pay for them one 
 day longer than is necessary. But what (it will be asked) is 
 this great power of the President? he can fill the offices only 
 by temporary appointments. True: but every person knows 
 the advantage of being once introduced into an office; it is 
 often of more importance than the highest recommendation. 
 
 Having now done with the legislative and executive 
 branches of this government, I shall just remark, that upon 
 the whole of the executive, it appears that the gentlemen in 
 opposition state nothing as exceptionable but the deficiency 
 of powers in the President; but rather seem to allow some 
 degree of political merit in this department of government. ^ 
 
 I now proceed to the judicial department; and here, Mr. 
 President, I meet an objection I confess I had not expected; 
 and it seems it did not occur to the honorable gentleman 
 (Mr. Findley) who made it, until a few days ago. 
 
 He alleges that the judges, under this constitution, are 
 not rendered sufficiently independent, because they may hold 
 other offices; and though they may be independent as judges, 
 yet their other office may depend upon the legislature. I 
 confess, sir, this objection appears to me to be a little wire- 
 drawn in the first place; the legislature can appoint to no 
 office, therefore the dependence could not be on them for the 
 26 
 
402 The Debate tn the Convention. 
 
 office, but rather on the President and Senate; but then these 
 cannot add the salary, because no money can be appropriated 
 but in consequence of a law of the United States. No sine- 
 cure can be bestowed on any judge, but by the concurrence 
 of the whole legislature and of the President; and I do not 
 think this an event that will probably happen. 
 
 It is true, that there is a provision made in the Constitution 
 of Pennsylvania, that the judges shall not be allowed to hold 
 any other office whatsoever; and I believe they are expressly 
 forbidden to sit in Congress; but this, sir, is not introduced 
 as a principle into this constitution. There are many States 
 in the Union, whose constitutions do not limit the usefulness 
 of their best men, or exclude them from rendering such ser- 
 vices to their country, for which they are found eminently 
 qualified. New York, far from restricting their chancellor 
 or judges of the Supreme Court from a seat in Congress, ex- 
 pressly provide for sending them there on extraordinary occa- 
 sions. In Connecticut, the judges are not precluded from 
 enjoying other offices. Judges from many States have sat in 
 Congress. Now it is not to be expected, that eleven or 
 twelve States are to change their sentiments and practice on 
 this subject, to accommodate themselves to Pennsylvania. 
 
 It is again alleged against this system, that the powers of 
 the judges are too extensive; but I will not trouble you, sir, 
 with a repetition of what I had the honor of delivering the 
 other day; I hope the result of those arguments gave satisfac- 
 tion, and proved that the judicial were commensurate with 
 the legislative powers; that they went no further, and that 
 they ought to go so far. 
 
 The laws of Congress being made for the Union, no par- 
 ticular State can be alone affected; and as they are to provide 
 for the general purposes of the Union, so ought they to have 
 the means of making the provisions effectual, over all that 
 country included within the Union. 
 
 Eodem Die, 1787^ P. M. 
 Mr. Wilson. I shall now proceed, Mr. President, to notice 
 the remainder of the objections that have been suggested, by 
 
The Debate in the Convention. 403 
 
 the honorable gentlemen who oppose the system now before 
 you. 
 
 We have been told, Sir, by the honorable member from 
 Fayette (Mr. Smilie), "that the trial hy 'y\xxy y^as intended 
 to be given up, and the civil law was intended to be intro- 
 duced into its place, in civil cases." 
 
 Before a sentiment of this kind was hazarded, I think. Sir, 
 the gentleman ought to be prepared with better proofs in its 
 support, than any he has yet attempted to produce. It is a 
 charge, Sir, not only unwarrantable, but cruel; the idea of 
 such a thing, I believe, -never entered into the mind of a 
 single member of that convention; and I believe further, that 
 they never suspected there would be found within the United 
 States, a single person that was capable of making such a 
 charge. If it should be well founded. Sir, they must abide 
 by the consequences, but if (as I trust it will fully appear) it 
 is ill founded, then he or they who make it, ought to abide 
 by the consequences. 
 
 Trial by jury forms a large field for investigation, and 
 numerous volumes are written on the subject; those who are 
 well acquainted with it may employ much time in its discus- 
 sion ; but in a country where its excellence is so well under- 
 stood, it may not be necessary to be very prolix, in pointing 
 them out. For my part, I shall confine myself to a few ob- 
 servations in reply to the objections that have been suggested. 
 
 The member from Fayette (Mr. Smilie) has labored to in- 
 fer, that under the articles of confederation, the Congress 
 possessed no appellate jurisdiction; but this being decided 
 against him, by the words of that instrument, by which is 
 granted to Congress the power of "establishing courts for re- 
 ceiving and determining, finally, appeals in all cases of cap- 
 ture;" he next attempts a distinction, and allows the power 
 of appealing from the decisions of the judges, but not from 
 the verdict of a jury; but this is determined against him also, 
 by the practice of the States; for in every instance which has 
 occurred, this power has been claimed by Congress, and ex- 
 ercised, by the court of appeals; but what would be the con- 
 sequences of allowing the doctrine for which he contends? 
 
404 The Debate in the Convention. 
 
 Would it not be in the power of a jury, by their verdict, to 
 involve the whole Union in a war? They may condemn the 
 property of a natural, or otherwise infringe the law of nations; 
 in this case ought their verdict to be without revisal? Noth- 
 ing can be inferred from this, to prove that trials by jury 
 were intended to be given up. In Massachusetts, and all the 
 Eastern States, these causes are tried by juries, though they 
 acknowledge the appellate jurisdiction of Congress. 
 
 I think I am not now to learn the advantages of a trial by 
 jury; it has excellencies that entitle it to a superiority over 
 any other mode, in cases to which it is applicable. 
 
 When jurors can be acquainted with the characters of the 
 parties and the witnesses, where the whole cause can be 
 brought within their knowledge and their view, I know no 
 mode of investigation equal to that by a jury: they hear every 
 thing that is alleged ; they not only hear the words, but they 
 see and mark the features of the countenance; they can judge 
 of weight due to such testimony; and moreover, it is a cheap 
 and expeditious manner of distributing justice. There is an- 
 other advantage annexed to the trial by jury; the jurors may 
 indeed return a mistaken, or ill founded verdict, but their 
 errors cannot be systematical. 
 
 Let us apply these observations to the objects of the judi- 
 cial department, under this constitution. I think it has been 
 shewn already, that they all extend beyond the bounds of 
 any particular State ; but further, a great number of the civil 
 causes there enumerated, depend either upon the law of 
 nations, or the marine law, that is, the general law of mer- 
 cantile countries. Now, Sir, in such causes, I presume it 
 will not be pretended that this mode of decision ought to be 
 adopted; for the law with regard to them is the same here 
 as in every other country, and ought to be administered in the 
 same manner. There are instances, in which I think it 
 highly probable, that the trial by jury will be found proper; 
 and if it is highly probable that it will be found proper, is 
 it not equally probable, that it will be adopted? There may 
 be causes depending between citizens of diflferent States, and 
 as trial by jury is known and regarded in all the States, they 
 
The Debate in the Convention. 405 
 
 will certainly prefer that mode of trial before any other. 
 The Congress will have the power of making proper regula- 
 tions on this subject, but it was impossible for the convention 
 to have gone minutely into it; but if they could, it must 
 have been very improper, because alterations, as I observed 
 before, might have been necessary; and whatever the con- 
 vention might have done would have continued unaltered, 
 unless by an alteration of the Constitution. Besides, there 
 was another difficulty with regard to this subject. In some 
 of the States they have courts of chancery, and other appel- 
 late jurisdictions, and those State are as attached to that 
 mode of distributing justice, as those that have none are to 
 theirs. 
 
 I have desired, repeatedly, that honorable gentlemen, who 
 find fault, would be good enough to point out what they deem 
 to be an improvement. The member from Westmoreland 
 (Mr. Findley) tells us, that the trial between citizens of dif- 
 ferent States ought to be by a jury of that State in which the 
 cause of action arose. Now it is easy to see, that in many 
 instances, this would be very improper and very partial ; for 
 beside the different manner of collecting and forming juries 
 in the several States, the plaintiff comes from another State ; 
 he comes a stranger, unknown as to his character or mode of 
 life, while the other party is in the midst of his friends, or 
 perhaps his dependents. Would a trial by jury in such a 
 case ensure justice to the stranger? But again; I would ask 
 that gentleman, whether if a great part of his fortune was in 
 the hands of some person in Rhode Island, he would wish 
 that his action to recover it, should be determined by a jury 
 of that country, under its present circumstances? 
 
 The gentleman from Fayette (Mr. Smilie) says, that if the 
 convention found themselves embarrassed, at least they might 
 have done thus much — they should have declared, that the sub- 
 stance should be secured by Congress; this would be saying 
 nothing unless the cases were particularized. 
 
 Mr. Smilie. I said the convention ought to have declared, 
 that the legislature should establish the trial by jury by 
 proper regulations. 
 
4o6 The Debate in the Convention. 
 
 Mr. Wilson. The legislature shall establish it by proper 
 regulations ! So after all, the gentleman has landed us at the 
 very point from which we set out. He wishes them to do the 
 very thing they have done, to leave it to the discretion of 
 Congress. The fact, sir, is, nothing more could be done. 
 
 It is well known, that there are some cases that should not 
 come before juries; there are others, that in some of the 
 States never come before juries, and in those States where 
 they do come before them, appeals are found necessary, the 
 facts re-examined, and the verdict of the jury sometimes is 
 set aside; but I think in all cases, where the cause has come 
 originally before a jury, that the last examination ought to 
 be before a jury likewise. 
 
 The power of having appellate jurisdiction, as to facts, has 
 been insisted upon as a proof, "that the convention intended 
 to give Tip the trial by jury in civil cases, and to introduce 
 the civil law." I have already declared my own opinion on 
 this point, and have shown, not merely, that it is founded on 
 reason and authority. The express declaration of Congress* 
 is to the same purpose: They insist upon this power, as re- 
 quisite to preserve the peace of the Union; certainly, there- 
 fore, it ought always to be possessed by the head of the con- 
 federacy. 
 
 We are told, as an additional proof, that the trial by jury 
 was intended to be given up, ' ' that appeals are unknown to 
 the common law; that the term is a civil law term, and with 
 it the civil law is intended to be introduced." I confess I 
 was a good deal surprised at this observation being made; for 
 Blackstone, in the very volume which the honorable member 
 (Mr. Smilie) had in his hand and read us several extracts 
 from, has a chapter entitled " of proceeding in the nature of 
 appeals; " and in that chapter says, that the principal method 
 of redress for erroneous judgments in the king's courts of re- 
 cord, is by writ of error to some superior '■''court ofappeaV\ 
 Now, it is well known, that his book is a commentary upon 
 the common law. Here then is a strong refutation of the as- 
 sertion, ' ' that appeals are unknown to the common law. ' ' 
 
 ♦Journals of Congress, March 6, 1779. f HI- Blackstone, 406. 
 
The Debate in the Convention. ip"] 
 
 I think these were all the circumstances adduced to show 
 the truth of the assertion that in this constitution, the trial 
 by jury was intended to be given up by the late convention 
 in framing it. Has the assertion been proved? I say not, 
 and the allegations offered, if they apply at all, apply in a 
 contrary direction. I am glad that this objection has been 
 stated, because it is a subject upon which the enemies of this 
 constitution have much insisted. We have now had an 
 opportunity of investigating it fully, and the result is, that 
 there is no foundation for the charge, but it must proceed 
 from ignorance or something worse. 
 
 I go on to another objection which has been taken to this 
 system, "that the expense of the general government and of 
 the State governments, will be too great, and that the citi- 
 zens will not be able to support them." If the State govern- 
 ments are to continue as cumbersome and expensive as they 
 have hitherto been, I confess it would be distressing to add 
 to their expenses, and yet it might be necessary; but I think 
 I can draw a different conclusion on this subject, from more 
 conjectures than one. The additional revenue to be raised 
 by a general government, will be more than sufficient for the 
 additional expense; and a great part of that revenue may be 
 so contrived as not to be taken from the citizens of this 
 country; for I am not of opinion that the consumer always 
 pays the impost that is laid on imported articles; it is paid 
 sometimes by the importer, and sometimes by the foreign 
 merchant who sends them to us. Had a duty of this nature 
 been laid at the time of the peace, the greatest part of it 
 would have been the contribution of foreigners. Besides, 
 whatever is paid by the citizens is a voXvxAsxy payment. 
 
 I think. Sir, it would be very easy and laudable, to lessen 
 the expenses of the State governments. I have been told (and 
 perhaps it is not very far from the truth), that there are two 
 thousand members of assembly in the several States; the busi- 
 ness of revenue is done in consequence of requisitions from 
 Congress, and whether it is furnished or not, it commonly 
 becomes a subject of discussion. Now when this business is 
 executed by the legislature of the United States, I leave it to 
 
4o8 The Debate in the Convention. 
 
 those who are acquainted with the expense of long and fre- 
 quent sessions of assembly, to determine the great saving that 
 will take place. I^et me appeal to the citizens of Pennsyl- 
 vania how much time is taken up in this State every year, if 
 not every session, in providing for the payment of an amazing 
 interest due on her funded debt. There will be many sources 
 of revenue, and many opportunities for economy, when the 
 business of finance shall be administered under one govern- 
 ernment; the funds will be more productive, and the taxes, in 
 all probability, less burthensome than they are now. 
 
 I proceed to another objection that is taken against the 
 power given to Congress, of raising and keeping up standing 
 armies. I confess I have been surprised that this objection 
 was ever made, but I am more so that it is still repeated and 
 insisted upon. I have taken some pains to inform myself 
 how the other governments of the world stand with regard to 
 this power; and the result of my enquiry is, that there is not 
 one which has not the power of raising and keeping up stand- 
 ing armies. A government without the power of defence ! — it 
 is a solecism ! 
 
 I well recollect the principle insisted upon by the patriotic 
 body in Great Britain; it is that in time of peace a standing 
 army ought not to be kept up without the consent of parlia- 
 ment. Their only apprehension appears to be that it might 
 be dangerous, wak the army kept up without the concurrence 
 of the representatives of the people. Sir, we are not in the 
 millennium. Wars may happen — and when they do happen, 
 who is to have the power of collecting and appointing the 
 force then become immediately and indispensably necessary? 
 
 It is not declared in this constitution that the Congress shall 
 raise and support armies. No, Sir, if they are not driven to 
 it by necessity, why should we suppose they would do it by 
 choice, any more than the representatives of the same citizens 
 in the State legislatures? for we must not lose sight of the 
 great principle upon which this work is founded. The au- 
 thority here given to the general government flows from the 
 same source as that placed in the legislatures of the several 
 States. 
 
The Debate in the Convention. 409 
 
 It may be frequently necessary to keep up standing armies 
 in time of peace. The present Congress have experienced the 
 necessity; and seven hundred troops are just as much a stand- 
 ing army as seventy thousand. The principle which sustains 
 them is precisely the same. They may go further, and raise 
 an army without communicating to the public the purpose 
 for which it is raised. On a particular occasion they did this: 
 When the commotions existed in Massachusetts, they gave 
 orders for enlisting an additional body of two thousand men. 
 I believe it is not generally known on what a perilous tenure 
 we held our freedom and independence at that period. The 
 flames of internal insurrection were ready to burst out in 
 every quarter; they were fanned by the correspondents of 
 some State officers (to whom an allusion was made on a former 
 day) and from one end to the other of the continent, we 
 walked on ashes, concealing fire beneath our feet: and ought 
 Congress to be deprived of power to prepare for the defence 
 and safety of our country? Ought they to be restrained from 
 arming until they divulge the motive which induced them to 
 arm? I believe ^& power oi raising and keeping up an army 
 in time of peace is essential to every government. No gov- 
 ernment can secure its citizens against dangers, internal and 
 external, without possessing it, and sometimes carrying it 
 into execution. I confess it is a power in the exercise of 
 which all wise and moderate governments will be as prudent 
 and forbearing as possible. When we consider the situation 
 of the United States, we must be satisfied that it will be nec- 
 essary to keep up some troops for the protection of the west- 
 ern frontiers and to secure our interest in the internal naviga- 
 tion of that country. It will be not only necessary, but it 
 will be economical on the great scale. Our enemies finding 
 us invulnerable, will not attack us, and we shall thus prevent 
 the occasion for larger standing armies. I am now led to 
 consider another charge that is brought against this system. 
 
 It is said, that Congress should not possess the power of 
 calling out the militia, to execute the laws- of the Union, sup- 
 press insurrections and repel invasions, nor the President 
 have the command of them, when called out for such pur- 
 poses. 
 
4IO The Debate in the Convention. 
 
 I believe any gentleman who possesses military experience 
 will inform you, that men without an uniformity of arms, 
 accoutrements and discipline, are no more than a mob in a 
 camp: that in the field, instead of assisting, they interfere 
 with one another. If a soldier drops his musquet, and his 
 companion, unfurnished with one, takes it up, it is of no ser- 
 vice, because his cartridges do not fit it. By means of this 
 system, a uniformity of arms and discipline will prevail 
 throughout the United States. 
 
 I really expected that for this part of the system at least, 
 the framers of it would have received plaudits, instead of cen- 
 sures, as they here discover a strong anxiety to have this 
 body put upon an eflfective footing, and thereby, in a great 
 measure, to supersede the necessity of raising, or keeping up, 
 standing armies. 
 
 The militia formed under this system, and trained by the 
 several States, will be such a bulwark of internal strength, as 
 to prevent the attacks of foreign enemies. I have been told, 
 that about the year 1744, an attack was intended by France 
 upon Massachusetts Bay, but was given up on reading the 
 militia law of that province. 
 
 If a single State could deter an enemy from such attempts, 
 what influence will the proposed arrangement have upon the 
 different powers of Europe ! 
 
 In every point of view, this regulation is calculated to pro- 
 duce the best effects. How powerful and respectable must 
 the body of militia appear, under general and uniform regu- 
 lations ! how disjointed, weak and inefficient are they at pre- 
 sent ! I appeal to military experience for the truth of my ob- 
 servations. 
 
 The next objection. Sir, is a serious one indeed; it was 
 made by the honorable gentleman from Fayette (Mr. Smilie): 
 "The Convention knew this was not a free government, 
 otherwise they would not have asked the powers of the purse 
 and sword." I would beg to ask the gentleman, what free 
 government he knows that has not the powers of both? There 
 was indeed a government under which we unfortunately 
 were for a few years past, that had them not, but it does not 
 
The Debate in the Convention. 411 
 
 now exist. A government without those powers, is one of 
 the improvements with which the opposition wish to astonish 
 mankind. 
 
 Have not the freest governments those powers? and are 
 they not in the fullest exercise of them? This is a thing so 
 clear, that really it is impossible to find facts or reason more 
 clear, in order to illustrate it. Can we create a government 
 without the power to act; how can it act without the assist- 
 ance of men ? and how are men to be procured without being 
 paid for their services? is not the one power the consequence 
 of the other ? 
 
 We are told, and it is the last and heaviest charge, "that 
 this government is an aristocracy, and was intended so to be 
 by the late Convention;" and we are told (the truth of which 
 is not disputed) that an aristocratical government is incom- 
 patible with freedom. I hope, before this charge is believed, 
 some stronger reasons will be given in support of it, than any 
 that have yet been produced. 
 
 The late Convention were assembled to devise some plan 
 for the security, safety and happiness of the people of the 
 United States; if they have devised a plan that robs them 
 of their power, and constitutes an aristocracy, they are the 
 parricides of their country, and ought to be punished as such. 
 What part of this system is it that warrants the charge ? 
 
 What is an aristocratic government ? I had the honor of 
 giving a definition of it at the beginning of our debates ; it 
 is. Sir, the government of a few over the many, elected by 
 themselves, or possessing a share in the government by in- 
 heritance, or in consequence of territorial rights, or some 
 quality independent of the choice of the people; this is an 
 aristocracy, and this constitution is said to be an aristocrati- 
 cal form of government, and it is also said that it was in- 
 tended so to be by the members of the late convention who 
 framed it. What peculiar rights have been reserved to any 
 class of men, on any occasion ? Does even the first magistrate 
 of the United States draw to himself a single privilege, or 
 security, that does not extend to every person throughout the 
 United States ? Is there a single distinction attached to him 
 
412 
 
 The Debate in the Convention, 
 
 in this system, more than there is to the lowest officer in the 
 republic? Is there an office from which any one set of men 
 whatsoever are excluded ? Is there one of any kind in this 
 system but is as open to the poor as to the rich? to the in- 
 habitant of the country, as well as to the inhabitant of the 
 city ? and are the places of honor and emoluments confined 
 to a few? and are these few the members of the late Conven- 
 tion ? Have they made any particular provisions in favor of 
 themselves, their relations, or their posterity? If they have 
 committed their country to the demon of aristocracy, have 
 they not committed themselves also, with everything they 
 held near and dear to them ? 
 
 Far, far other is the genius of this system. I have had 
 already the honor of mentioning its general nature; but I will 
 repeat it. Sir. In its principle, it is purely democratical ; 
 but its parts are calculated in such manner as to obtain those 
 advantages also, which are peculiar to the other forms of 
 government in other countries. By appointing a single 
 magistrate, we secure strength, vigor, energy and responsi- 
 bility in the executive department. By appointing a senate, 
 the members of which are elected for six years, yet by a rota- 
 tion already taken notice of they are changing every second 
 year, we secure the benefit of experience, while, on the other 
 hand, we avoid the inconveniences that arise from a long and 
 detached establishment. This body is periodically reno- 
 vated from the people, like a tree, which, at the proper sea- 
 son, receives its nourishment from its parent earth. 
 
 In the other branch of the legislature, the House of Repre- 
 sentatives, shall we not have the advantages of benevolence 
 and attachment to the people, whose immediate representa- 
 tives they are ? 
 
 A free government has often been compared to a pyramid. 
 This allusion is made with peculiar propriety in the system 
 before you: it is laid on the broad basis of the people; its 
 powers gradually rise, while they are confined, in proportion 
 as they ascend, until they end in that most permanent of all 
 forms. When you examine all its parts, they will invariably 
 be found to preserve that essential mark of free governments, 
 a chain of connection with the people. 
 
The Debate in the Convention. 413 
 
 Such, Sir, is the nature of this system of government; but 
 the important question at length presents itself to our view, 
 Shall it be ratified, or shall it be rejected by this Convention ? 
 In order to enable us still further to form a judgment on this 
 truly momentous and interesting point, on which all we have 
 or can have dear to us on earth is materially depending, let 
 us for a moment consider the consequences that will result 
 from one or the other measure. Suppose we reject this system 
 of government, what will be the consequences? Let the 
 farmer say; he whose produce remains unasked for, nor can 
 he find a single market for its consumption, though his fields 
 are blessed with luxuriant abundance. L,et the manufacturer 
 and let the mechanic say; they can feel and tell their feelings. 
 Go along the warves of Philadelphia, and observe the melan- 
 choly silence that reigns. I appeal not to those who enjoy 
 places and abundance under the present government; they 
 may well dilate upon the easy and happy situation of our 
 country. Let the merchants tell you, what is our commerce; 
 let them say what has been their situation, since the return 
 of peace: an sera which they might have expected would have 
 furnished additional sources to our trade, and a continuance, 
 and even an increase to their fortunes. Have these ideas 
 been realized, or do they not lose some of their capital in 
 every adventure, and continue the unprofitable trade from 
 year to year, subsisting under the hopes of happier times 
 under an efficient general government? The ungainful trade 
 carried on by our merchants, has a baneful influence on the 
 interests of the manufacturer, the mechanic, and the farmer, 
 and these I believe are the chief interests of the people of the 
 United States. 
 
 I will go further — is there now a government among us 
 that can do a single act, that a national government ought 
 to do? Is there any power of the United States that can 
 command a single shilling? This is a plain and a home ques- 
 tion. 
 
 Congress may recommend; they can do more, they may 
 require; but they must not proceed one step further. If 
 things are bad now, and that they are not worse, is only 
 
414 Th^ Debate in the Convention. 
 
 owing to hopes of improvement, or change in the system. 
 Will they become better when those hopes are disappointed ? 
 We have been told, by honorable gentlemen on this floor 
 (Mr. Smilie, Mr. Findley and Mr. Whitehill), that it is im- 
 proper to urge this kind of argument in favor of a new system 
 of government, or against the old one. Unfortunately, Sir, 
 these things are too severely felt to be omitted; the people 
 feel them; they pervade all classes of citizens and every 
 situation from New Hampshire to Georgia; the argument 
 of necessity is the patriot's defence, as well as the tyrant's 
 plea. 
 
 Is it likely, Sir, that if this system of government is rejected, 
 a better will be framed and adopted? I will not expatiate on 
 this subject, but I believe many reasons will suggest them- 
 selves to prove that such an expectation would be illusory. 
 If a better could be obtained at a future time, is there any- 
 thing essentially wrong in this? I go further: is there any- 
 thing wrong that cannot be amended more easily by the mode 
 pointed out in the system itself, than could be done by calling 
 convention after convention before the organization of the 
 government? Let us now turn to the consequences that will 
 result if we assent to, and ratify the instrument before you; I 
 shall trace them as concisely as I can, because I have tres- 
 passed already too long on the patience and indulgence of the 
 house. 
 
 I stated on a former occasion one important advantage: by 
 adopting this system we become a nation; at present we are 
 not one. Can we perform a single national act ? can we do 
 anything to procure us dignity, or to preserve peace and tran- 
 quility? can we relieve the distress of our citizens? can we 
 provide for their welfare or happiness ? The powers of our 
 government are mere sound. If we oSer to treat with a 
 nation, we receive this humiliating answer, "You cannot in 
 propriety of language make a treaty — because you have no 
 power to execute it." Can we borrow money? There are 
 too many examples of unfortunate creditors existing, both on 
 this and the other side of the Atlantic, to expect success from 
 this expedient. But could we borrow money, we cannot 
 
The Debate in the Convention. 415 
 
 command a fund to enable us to pay either the principal or 
 interest; for in instances where our friends have advanced the 
 principal, they have been obliged to advance the interest also 
 in order to prevent the principal from being annihilated in 
 their hands by depreciation. Can we raise an army? The 
 prospect of a war is highly probable. The accounts we re- 
 ceive by every vessel from Europe mention that the highest 
 exertions are making in the ports and arsenals of the greatest 
 maritime powers ; but whatever the consequence may be, are 
 we to lay supine? We know we are unable under the articles 
 of confederation to exert ourselves; and shall we continue so 
 until a stroke be made on our commerce, or we see the 
 debarkation of an hostile army on our unprotected shores? 
 Who will guarantee that our property will not be laid waste, 
 that our towns will not be put under contribution, by a small 
 naval force, and subjected to all the horror and devastation 
 of war ? May not this be done without opposition, at least 
 effectual opposition, in the present situation of our country? 
 There may be safety over the Appalachian mountains, but 
 there can be none on our sea coast. With what propriety can 
 we hope our flag will be respected while we have not a single 
 gun to fire in its defence ? 
 
 Can we expect to make internal improvement, or accom- 
 plish any of those great national objects which I formerly 
 alluded to, when we cannot find money to remove a single 
 rock out of a river? 
 
 This system. Sir, will at least make us a nation, and put it 
 in the power of the Union to act as such. We will be con- 
 sidered as such by every nation in the world. We will regain 
 the confidence of our own citizens, and command the respect 
 of others. 
 
 As we shall become a nation, I trust that we shall also form 
 a national character; and that this character will be adapted 
 to the principles and genius of our system of government: as 
 yet we possess none — our language, manners, customs, habits 
 and dress, depend too much upon those of other countries. 
 Every nation in these respects should possess originality. 
 There are not on any part of the globe finer qualities, for 
 
4i6 The Debate in the Convention. 
 
 forming a national character, than those possessed by the 
 children of America. Activity, perseverance, industry, laud- 
 able emulation, docility in acquiring information, firmness in 
 adversity, and patience and magnanimity under the greatest 
 hardships; from these materials, what a respectable national 
 character may be raised ! In addition to this character, I 
 think there is strong reason tc* believe that America may take 
 the lead in literary improvements and national importance. 
 This is a subject which I confess I have spent much pleasing 
 time in considering. That language. Sir, which shall become 
 most generally known in the civilized world, will impart great 
 importance over the nation that shall use it. The language 
 of the United States will in future times be diffused over a 
 greater extent of country than any other that we now know. 
 The French, indeed, have made laudable attempts toward 
 establishing an universal language; but beyond the boundaries 
 of France, even the French language is not spoken by one in 
 a thousand. Besides the freedom of our country, the great 
 improvements she has made and will make in the science of 
 government will induce the patriots and literati of every 
 nation, to read and understand our writings on that subject, 
 and hence it is not improbable that she will take the lead in 
 political knowledge. 
 
 If we adopt this system of government, I think we may 
 promise security, stability and tranquility to the governments 
 of the different States. They will not be exposed to the 
 danger of competition on questions of territory, or any other 
 that have heretofore disturbed them. A tribunal is here 
 founded to decide, justly and quietly, any interfering claim; 
 and now is accomplished, what the great mind of Henry the 
 IV. of France had in contemplation, a system of govern- 
 ment, for large and respectable dominions, united and bound 
 together in peace, under a superintending head, by which 
 all their differences may be accommodated, without the des- 
 truction of the human race ! We are told by Sully, that this 
 was the favorite pursuit of that good king during the last 
 years of his life, and he would probably have carried it into 
 execution, had not the dagger of an assassin deprived the 
 
The Debate in the Conve7ition. Aiy 
 
 world of his valuable life. I have, with pleasing emotion, 
 seen the wisdom and beneficence of a less efficient power 
 under the articles of confederation, in the determination of 
 the controversy between the States of Pennsylvania and Con- 
 necticut; but, I have lamented that the authority of Congress 
 did not extend to extinguish, entirely, the spark which has 
 kindled a dangerous flame in the district of Wyoming. 
 
 Let gentlemen turn their attention to the amazing con- 
 sequences which this principle wiU have in this extended 
 country— the several States cannot war with each other; the 
 general government is the great arbiter in contentions be- 
 tween them; the whole force of the Union can be called forth 
 to reduce an aggressor to reason. What a happy exchange 
 for the disjointed, contentious State sovereignties ! 
 
 The adoption of this system will also secure us from dan- 
 ger, and procure us advantage from foreign nations. This, 
 in our sitution, is of great consequence. We are still an in- 
 viting object to one European power at least, and, if we can- 
 not defend ourselves, the temptation may become too allur- 
 ing to be resisted. I do not mean, that, with an efficient 
 government, we should mix with the commotions of Europe. 
 No, Sir, we are happily removed from them, and are not 
 obliged to throw ourselves into the scale with any. This sys- 
 tem will not hurry us into war; it is calculated to guard 
 against it. It will not be in the power of a single man, or a 
 single body of men, to involve us in such distress, for the 
 important power of declaring war is vested in the legislature 
 at large; — this declaration must be made with the concur- 
 rence of the House of Representatives; from this circum- 
 stance we may draw a certain conclusion, that nothing but 
 our national interest can draw us into a war. I cannot for- 
 bear, on this occasion, the pleasure of mentioning to you the 
 sentiments of the great and benevolent man whose works I 
 have already quoted on another subject; Mr. Neckar has ad- 
 dressed this country, in language important and applicable in 
 the strictest degree to its situation and to the present subject. 
 Speaking of war, and the great caution that all nations ought 
 to use in order to avoid its calamities, "And you, rising 
 27 
 
41 8 The Debate in ihe Conveniion. 
 
 nation, ' ' says he, ' ' whom generous efforts have freed from the 
 yoke of Europe ! let the universe be struck with still greater 
 reverence at the sight of the privileges you have acquired, by 
 seeing you continually employed for the public felicity: do 
 not offer it as a sacrifice at the unsettled shrine of political 
 ideas, and of the deceitful combinations of warlike ambition; 
 avoid, or at least delay participating in the passions of our 
 hemisphere; make your own advantage of the knowledge 
 which experience alone has given to our old age, and preserve 
 for a long time, the simplicity of childhood: in short, honor 
 human nature, by shewing that when lost to its own feelings, 
 it is still capable of those virtues that maintain public order, 
 and of that prudence which insures public tranquillity." 
 
 Permit me to offer one consideration more that ought to in- 
 duce our acceptance of this system. I feel myself lost in the 
 contemplation of its magnitude. By adopting this system, 
 we shall probably lay a foundation for erecting temples of 
 liberty in every part of the earth. It has been thought by 
 many, that on the success of the struggle America has made 
 for freedom, will depend the exertions of the brave and en- 
 lightened of other nations. The advantages resulting from 
 this system will not be confined to the United States; it will 
 draw from Europe, many worthy characters, who pant for 
 the enjoyment of freedom. It will induce princes, in order 
 to preserve their subject, to restore to them a portion of that 
 liberty of which they have for so many ages been deprived. 
 It will be subservient to the great designs of providence, with 
 regard to this globe; the multiplication of mankind, their 
 improvement in knowledge, and their advancement in happi- 
 ness. 
 
 Wednesday^ December 12^ ^787. 
 
 [With the speeches of Wilson and M'Kean the report of 
 Lloyd ceases. Of the proceedings on the 12th he makes no 
 mention. The newspapers then are the only source of in- 
 formation, and of these the Packet is the fullest] 
 
 On Wednesday Mr. Findley in the course of an eloquent 
 and argumentative speech, suddenly introduced the following 
 observation: "Mr. President, I have observed a person who 
 
The Debate in the Convention. ^ig 
 
 has introduced himself among the members of this conven- 
 tion, laughing for some time at everything I have said. This 
 conduct does not, Sir, proceed from a superiority of under- 
 standing, but from the want of a sense of decency and order. 
 If he were a member, I should certainly call him to order; 
 but as it is, I shall be satisfied with despising him. 
 
 "What,'' said Mr. Findley, "would we have thought of 
 Congress, if at the time that body made the requisition for 
 an impost of five per cent., the powers and jurisdiction con- 
 tained in the proposed plan had been required? It would 
 have been thought at once imprudent and ridiculous. How 
 great then is the revolution of our sentiments in so short a 
 space of time!" 
 
 In the course of the desultory debate which took place im- 
 mediately before the vote of adoption and ratification, Mr. 
 M'Kean pronounced an animated eulogium on the character, 
 information and abilities of Mr. George Mason, but concluded 
 that the exclusion of juries in civil causes was not among the 
 objections which had governed his conduct. On this assertion 
 Mr. Whitehill quoted the following passage from Mr. Mason's 
 objections: "There is no declaration of any kind for preserv- 
 ing the liberty of the press, the trial by jury in civil causes^ nor 
 against the danger of standing armies in time of peace." 
 
 On Wednesday morning Mr. Findley closed his arguments 
 in opposition to the proposed Federal system, and in the 
 afternoon Mr. Smilie, taking a general view of the subject, 
 stated briefly the leading principles which influenced his vote. 
 The important question was now called for, when Doctor 
 Rush requested the patience of the Convention for a few min- 
 utes. He then entered into a metaphysical argument, to 
 prove that the morals of the people had been corrupted by the 
 imperfections of the government; and while he ascribed all 
 our vices and distresses to the existing system, he predicted 
 a millennium of virtue and happiness as the necessary conse- 
 quence of the proposed Constitution. To illustrate the de- 
 praved state of society, he remarked, among other things, the 
 disregard which was notorious in matters of religion, so that 
 between the congregation and the minister scarcely any com- 
 
420 The Debate in the Convention. 
 
 munication or respect remained; nay, the Doctor evinced 
 that they were not bound by the ties of common honesty, on 
 the evidence of two facts, from which it appears that several 
 clergymen had been lately cheated by their respective flocks 
 of the wages due for their pastoral care and instruction. 
 Doctor Rush then proceeded to consider the origin of the pro- 
 posed system, and fairly deduced it from heaven, asserting 
 that he as much believed the hand of God was employed in 
 this work, as that God had divided the Red Sea to give a pas- 
 sage to the children of Israel, or had fulminated the ten com- 
 mandments from Mount Sinai ! Dilating sometime upon this 
 new species of divine right, thus transmitted to the future 
 governors of the Union, he made a pathetic appeal to the op- 
 position, in which he deprecated the consequences of any 
 further contention, and pictured the honorable and endearing 
 effects of an unanimous vote, after the full and fair investiga- 
 tion which the great question had undergone. " It is not. 
 Sir, a majority, (continued the Doctor) however numerous 
 and respectable, that can gratify my wishes — nothing short 
 of an unanimous vote can indeed complete my satisfaction. 
 And, permit me to add, were that event to take place, I could 
 not preserve the strict bounds of decorum, but, flying to the 
 other side of this room, cordially embrace every member, who 
 has hitherto been in opposition, as a brother and a patriot. 
 Let us then. Sir, this night bury the hatchet, and smoke the 
 calumet of peace ! ' ' When Dr. Rush had concluded, M.f. 
 Chambers remarked upon the Doctor's wish of conciliation 
 and unanimity, that it was an event which he neither ex- 
 pected nor wished for. Mr. Whitehill now rose, and having 
 animadverted upon Dr. Rush's metaphysical arguments, and 
 regretted that so imperfect a work should have been ascribed 
 to God, he presented several petitions from 750 inhabitants 
 of Cumberland county, praying, for the reasons therein speci- 
 fied, that the proposed Constitution should not be adopted 
 without amendments, and particularly, without a bill of 
 rights. The petitions being read from the chair, Mr. M'Kean 
 said he was sorry at this stage of the business so improper an 
 attempt should be made. He repeated that the duty of the 
 
The Debate in the Convention. 421 
 
 Convention was circumscribed to the adoption or rejection of 
 the proposed plan, and such had certainly been the sense of 
 the members, when it was agreed that only one question 
 could be taken on the important subject before us. He hoped, 
 therefore, that the petitions would not be attended to. Mr. 
 Whitehill then read, and offered as the ground of a motion 
 for adjourning to some remote day the consideration of the 
 following articles, which, he said, might either be taken col- 
 lectively, as a bill of rights, or, separately, as amendments to 
 the general form of government proposed. 
 
 1. The rights of conscience shall be held inviolable, and 
 neither the legislative, executive nor judicial powers of the 
 United States shall have authority to alter, abrogate or in- 
 fringe any part of the constitutions of the several States, 
 which provide for the preservation of liberty in matters of 
 religion. 
 
 2. That in controversies respecting property and in suits 
 between man and man, trial by jury shall remain as hereto- 
 fore, as well in the federal courts, as in those of the several 
 States. 
 
 3. That in all capital and criminal prosecutions, a man has 
 a right to demand the cause and nature of his accusation, as 
 well in the federal courts, as in those of the several States; 
 to be heard by himself or his counsel; to be confronted with 
 the accusers and witnesses; to call for evidence in his favor, 
 and a speedy trial, by an impartial jury of the vicinage, with- 
 out whose unanimous consent he cannot be found guilty, nor 
 can he be compelled to give evidence against himself; that no 
 man be deprived of his liberty, except by the law of the land 
 or the judgment of his peers. 
 
 4. That excessive bail ought not to be required, nor exces- 
 sive fines imposed, nor cruel or unusual punishments inflicted. 
 
 5. That warrants unsupported by evidence, whereby any 
 ofl&cer or messenger may be commanded or required to search 
 suspected places, or to seize any person or persons, his or 
 their property, not particularly described, are grievous, and 
 oppressive, and shall not be granted either by the magistrates 
 of the federal government or others. 
 
423 The Debate in the Convention. 
 
 6. That the people have a right to the freedom of speech, 
 of writing and of publishing their sentiments; therefore, the 
 freedom of the press shall not be restrained by any law of the 
 United States. 
 
 7. That the people have a right to bear arms for the defence 
 of themselves and their own State, or the United States, or 
 for the purpose of killing game; and no law shall be passed 
 for disarming the people or any of them, unless for crimes 
 committed, or real danger of public injury from individuals; 
 and as standing armies in the time of peace are dangerous to 
 liberty, they ought not to be kept up; and that the military 
 shall be kept under strict subordination to and be governed 
 by the civil power. 
 
 8. The inhabitants of the several States shall have liberty 
 to fowl and hunt in seasonable times on the lands they hold, 
 and on all other lands in the United States not inclosed, and 
 in like manner to fish in all navigable waters, and others not 
 private property, without being restrained therein by any laws 
 to be passed by the legislature of the United States. 
 
 9. That no law shall be passed to restrain the legislatures 
 of the several States from enacting laws for imposing taxes, 
 except imposts and duties on goods exported and imported, 
 and that no taxes, except imposts and duties upon goods im- 
 ported and exported and postage on letters, shall be levied by 
 the authority of Congress. 
 
 10. That elections shall remain free, that the house of rep- 
 resentatives be properly increased in number, and that the 
 several States shall have power to regulate the elections for 
 senators and representatives, without being controlled either 
 directly or indirectly by any interference on the part of Con- 
 gress, and that elections of representatives be annual. 
 
 11. That the power of organizing, arming and disciplining 
 the militia, (the manner of disciplining the militia to be pre- 
 scribed by Congress) remain with the individual States, and 
 that Congress shall not have authority to call or march any 
 of the militia out of their own State, without the consent of 
 such State, and for such length of time only as such State 
 shall agree. 
 
The Debate in the Convention. 423 
 
 13. That the legislative, executive, and judicial powers be 
 kept separate, and to this end, that a constitutional council 
 be appointed to advise and assist the President, who shall be 
 responsible for the advice they give (hereby, the senators 
 would be relieved from almost constant attendance); and also 
 that the judges be made completely independent. 
 
 13. That no treaties which shall be directly opposed to the 
 existing laws of the United States in Congress assembled, 
 shall be valid until such laws shall be repealed or made con- 
 formable to such treaty, neither shall any treaties be valid 
 which are contradictory to the constitution of the United 
 States, or the constitutions of the individual States. 
 
 14. That the judiciary power of the United States shall be 
 confined to cases affecting ambassadors, other public ministers 
 and consuls, to cases of admiralty and maritime jurisdiction, 
 to controversies to which the United States shall be a party, 
 to controversies between two or more States — between a State 
 and citizens of diflFerent States — between citizens claiming 
 lands under grants of different States, and between a State or 
 the citizens thereof and foreign States, and in criminal cases, 
 to such only as are expressly enumerated in the constitution, 
 and that the United States in Congress assembled, shall not 
 have power to enact laws, which shall alter the laws of 
 descents and distributions of the effects of deceased persons, 
 the title of lands or goods, or the regulation of contracts in 
 the individual States. 
 
 15. That the sovereignty, freedom and independency of 
 the several States shall be retained, and every power, juris- 
 diction and right which is not by this constitution expressly 
 delegated to the United States in Congress assembled. 
 
 Some confusion arose on these articles being presented to 
 the chair, objections were made by the majority to their being 
 officially read, and, at last, Mr. Wilson desired that the in- 
 tended motion might be reduced to writing, in order to ascer- 
 tain its nature and extent. Accordingly, Mr. Whitehill drew 
 it up, and it was read from the chair in the following manner: 
 
 "That this Convention do adjourn to the day of 
 
 next, then to meet in the city of Philadelphia, in 
 
424 
 
 The Debate in the Convention. 
 
 order that the propositions for amending the proposed consti- 
 tution may be considered by the people of this State; that 
 ■we may have an opportunity of knowing what amendments 
 or alterations may be proposed by other States, and that these 
 propositions, together with such other amendments as may 
 be proposed by other States, may be offered to Congress, and 
 taken into consideration by the United States, before the pro- 
 posed constitution shall be finally ratified. ' ' 
 
 As soon as the motion was read, Mr. Wilson said he re- 
 joiced that it was by this means ascertained upon what prin- 
 ciples the opposition proceeded, for, he added, the evident 
 operation of such a motion would be to exclude the people 
 from the government and to prevent the adoption of this or 
 any other plan of confederation. For this reason he was 
 happy to find the motion reduced to certainty, that it would 
 appear upon the journals, as an evidence of the motives that 
 prevailed with those who- framed and supported it, and that 
 its merited rejection would permanently announce the senti- 
 ments of the majority respecting so odious an attempt. Mr. 
 Smilie followed Mr. Wilson, declaring that he too rejoiced 
 that the motion was reduced to a certainty, from which it 
 might appear to their constituents that the sole object of the 
 opposition was to consult with and obtain the opinions of the 
 people upon a subject, which they had not yet been allowed 
 to consider. "If," exclaimed Mr. Smilie, " those gentlemen 
 who have affected to refer all authority to the people, and to 
 act only for the common interest, if they are sincere, let 
 them embrace this last opportunity to evince that sincerity. 
 They all know the precipitancy with which the measure has 
 hitherto been pressed upon the State, and they must be con- 
 vinced that a short delay cannot be injurious to the proposed 
 government, if it is the wish of the people to adopt it; if it is 
 not their wish, a short delay, which enables us to collect their 
 real sentiments, may be the means of preventing future con- 
 tention and animosity in a community, which is, or ought 
 to be, equally dear to us." The question being taken on the 
 motion, there appeared for it 23, against it 46. The great 
 and conclusive question was then taken, that "this con- 
 
The Debate in the Convention. 
 
 425 
 
 vention do assent to and ratify the plan of federal govern- 
 ment, agreed to and recommended by the late federal con- 
 vention?" when the same division took place, and the yeas and 
 nays being called by Mr. Smilie and Mr. Chambers, were as 
 given in our paper of Thursday last. Yeas 46. Nays 33. 
 
 This important decision being recorded, Mr. M'Kean 
 moved that the convention do to-morrow proceed in a body 
 to the Court House, there to proclaim the ratification, and 
 that the supreme executive council be requested to make the 
 necessary arrangements for the procession on that occasion, 
 which motion was agreed to, and the convention adjourned 
 till the next morning at half-past nine o'clock. 
 
 From the minutes of the convention it appears that the vote 
 of each member was, 
 
 YEAS. 
 George Latimer, 
 Benjamin Rush, 
 Hilary Baker, 
 James Wilson, 
 Thomas M'Kean, 
 William Macpherson, 
 John Hunn, 
 George Gray, 
 Samuel Ashmead, 
 Enoch Edwards, 
 Henry Wynkoop, 
 John Barclay, 
 Thomas Yardley, 
 Abraham Stout, 
 Thomas Bull, 
 Anthony Wayne, 
 William Gibbons, 
 Richard Downing, 
 Thomas Cheyney, 
 John Hannum, 
 Stephen Chambers, 
 Robert Coleman, 
 Sebastian Graff, 
 
 YEAS. 
 John Hubley, 
 Jasper Yeates, 
 Henry Slagle, 
 Thomas Campbell, 
 Thomas Hartley, 
 David Grier, 
 John Black, 
 Benjamin Pedan, 
 John Arndt, 
 Stephen Balliet, 
 Joseph Horsfield, 
 David Deshler, 
 William Wilson, 
 John Boyd, 
 Thomas Scott, 
 John Neville, 
 John Allison, 
 Jonathan Roberts, 
 John Richards, 
 F. A. Muhlenberg, 
 James Morris, 
 Timothy Pickering, 
 Benjamin Elliot. 
 
 46. 
 
426 The Debate in the Convention. 
 
 NAYS. NAYS. 
 
 John Whitehill, William Findley, 
 
 John Harris, John Bard, 
 
 John Reynolds, William Todd, 
 
 Robert Whitehill, James Marshall, 
 
 Jonathan Hoge, James Edgar, 
 
 Nicholas I/Utz, Nathaniel Breading, 
 
 John lyudwig, John Smilie, 
 
 Abraham L,incoln, Richard Baird, 
 
 John Bishop, William Brown, 
 
 Joseph Hiester, Adam Orth, 
 
 James Martain, John Andre Hannah. 23. 
 
 Joseph Powell, 
 
 Thursday^ December fj, ilSy. 
 On Thursday, the convention being assembled, Mr. White- 
 hill remarked that the bill of rights, or articles of amend- 
 ment, which he had the day before presented to the chair, 
 were not inserted upon the journals, together with the reso- 
 lution which referred to them. This he declared an improper 
 omission, and desired they might be inserted. This was op- 
 posed by the majority, but as there was no motion before the 
 convention, the president did not see how a determination 
 could take place, though he wished to know the sense of the 
 members upon this occasion. Mr. Smilie, in consequence of 
 this intimation, moved for the insertion of Mr. Whitehill' s 
 articles. Mr. Wilson continued his opposition, and called 
 upon Mr. Smilie to reduce his motion to writing. ' ' Indeed, 
 sir," observed Mr. Smilie, "I know so well that if the hon- 
 orable member from the city says the articles shall not, they 
 will not be admitted, that I am not disposed to take the use- 
 less trouble of reducing my motion to writing, and therefore 
 I withdraw it. ' ' Mr. Chambers exclaimed that the member 
 from Fayette and his friends might be accustomed to the ar- 
 rangement which he alluded to, but neither Mr. Wilson, nor 
 those who agreed in sentiments with him, were to be led by a 
 vasx&fiat. The form being presented by Mr. M'Kean, who 
 with Mr. Wilson and Mr. Yeates were appointed as a com- 
 mittee to prepare it, it was agreed that the convention should 
 
The Debate in the Convention. 427 
 
 proceed to proclaim the ratification before it was signed, 
 which was accordingly done. * 
 
 Joined by the President and Vice-President of the State, 
 members of Congress, the faculty of the University, the mag- 
 istrates and militia officers of the city, the convention then 
 proceeded to the Court House, where the ratification was 
 read to a great gathering of people. 
 In the procession went 
 
 Constables with their Staves. 
 
 Sub-SherifFs with their Wands. 
 
 High Sheriff and Coroner with their Wands. 
 
 Judges of the Supreme Court, and Judges of the 
 
 High Court of Errors and Appeals. 
 
 Attorney-General and Prothonotary of the 
 
 Supreme Court. 
 
 Marshal of the Admiralty. 
 
 Judge and Register of the Admiralty. 
 
 Wardens of the Port of Philadelphia. 
 
 Naval Officers, Collectors of the Customs, and 
 
 Tonnage Officer. 
 
 Treasurer and Comptroller-General. 
 
 Secretary of the Land Office. 
 
 Receiver-General and Surveyor-General. 
 
 Justices of the Peace. 
 
 Prothonotary of the Court of Common Pleas, and 
 
 Clerk of the Court of Quarter Sessions. 
 
 Clerk of the City Court. 
 
 Master of the Rolls and Register of Wills. 
 
 Assistant Secretary of the Council. 
 
 Secretary of the Council. 
 
 His Excellency the PRESIDENT, and Honorable 
 
 the Vice President. 
 
 Members of the Council, two and two. 
 
 Doorkeeper of the Council. 
 
 Sergeant-at-Arms, with the Mace. 
 
 Secretary of the Convention. 
 
 Honorable the President of the Convention. 
 
 * Pennsylvania Packet, December 14th. 
 
^28 The Debate in the Convention. 
 
 Members of the Convention, two and two. 
 
 Doorkeeper of the Convention. 
 
 Provost and Faculty of the University. 
 
 Ofl5cers of the Militia. 
 
 Citizens. 
 
 RATIPICATION. 
 
 In the Name of the People of Pennsylvania: 
 
 BE it known unto all men — That we, the delegates of the 
 Commonwealth of Pennsylvania, in general convention as- 
 sembled, have assented to and ratified, and by these presents 
 do, in the name and the authority of the same people, and 
 for ourselves, assent to and ratify the foregoing constitution 
 for the United States of America. 
 
 Done in convention the 12th day of December, in the 
 year 1787 and of the Independence of the United States 
 of America the twelfth. 
 In witness whereof, &c. 
 
 Thirteen cannon were then fired, and the bells were rung 
 on this joyful occasion; after this the convention returned to 
 the State House and subscribed the two copies of the ratifi- 
 cation. 
 
 On the return of the members to the convention, Mr. Hart- 
 ley hoped that the opposition might yet be induced to sign 
 the ratification, as a fair and honorable acquiescence in the 
 principle that the majority should govern. To which Mr. 
 Smilie replied, that speaking for himself, he never would al- 
 low his hand, in so gross a manner, to give the lie to his 
 heart and tongue. Two copies of the proposed constitution 
 were then formally ratified by the members who voted in 
 favor of it; Mr. Harris observing, that though he had voted 
 against it, and would still abide by that vote so far as to de- 
 cline putting his signature to the ratification, yet he did now, 
 and always should, consider himself to be bound by the sense 
 of the majority of any public body of which he had the honor 
 to be appointed a member. The convention then adjourned 
 till Friday morning at half past nine o'clock. 
 
 At three o'clock they met and dined with the members 
 
The Debate in the Convention. 429 
 
 of the supreme executive council, several members of Con- 
 gress and a number of citizens, at Mr. Epple's tavern; where 
 the remainder of the day was spent in mutual congratulations 
 upon the happy prospect of enjoying, once more, order, jus- 
 tice and good government in the United States. The follow- 
 ing is the list of the toasts given on the occasion: 
 
 1. The People of the United States. 
 
 2. The President and Members of the late Convention of 
 the United States. 
 
 3. The President of the State of Pennsylvania. 
 
 4. May the citizens of America display as much wisdom in 
 adopting the proposed Constitution to ^r,?j^rz^e their liberties, 
 as they have shown fortitude in 'defending them. 
 
 5. May order and justice be the pillars of the American 
 Temple of Liberty. 
 
 6. May the agriculture, manufactures and commerce of the 
 United States speedily flourish under the new Constitution. 
 
 7. The Congress. 
 
 8. The virtuous minority of Rhode Island. 
 
 9. The powers of Europe in alliance with the United 
 States. 
 
 10. May the flame, kindled on the Altar of L,iberty in 
 America, lead the nations of the world to a knowledge of 
 their rights and to the means of recovering them. 
 
 11. The memory of the heroes who have sacrificed their 
 lives in defence of the liberties of America. 
 
 12. May America diffuse over Europe a greater portion of 
 political light than she has borrowed from her. 
 
 13. Peace and free governments to all the nations in the 
 world. 
 
 Friday^ December 7/, lySy. 
 Friday the Convention appointed a committee to consider 
 and report upon the overtures which have been made by the 
 county of Philadelphia, and likewise by part of the county of 
 Philadelphia, Montgomery and Bucks united, respecting the 
 cession of 10 miles square to the future Congress of the 
 United States. This the opposition to the federal system 
 deemed a matter upon which the Convention could not, and 
 
430 The Debate in the Convention. 
 
 ought not to act; for, they represented it as a violation of 
 the constitution of the State, which still existed, and which 
 while in existence, it was the duty of every citizen to support. 
 Upon this principle they refused either to vote for or against 
 the appointment of a committee, which produced a temporary 
 embarrassment, as the majority were not at first agreed in the 
 number, but ultimately concurred in making it nine. The 
 Convention likewise appointed a committee to receive and 
 state an account of their expenses, &c., and then adjourned 
 till Saturday at half past nine o'clock. 
 
 Saturday December 75, lySj. 
 
 The Convention met pursuant to adjournment. 
 
 The committee appointed to consider the motion of Mr. 
 Wilson relative to a cession, to the United States, of a district 
 for the seat of the federal government, report the following 
 resolution : 
 
 ' ' That when the Constitution proposed by .the late general 
 Convention shall have been organized, this commonwealth 
 will cede to the Congress of the United States the jjirisdic- 
 tion over any place in Pennsylvania, not exceeding ten miles 
 square, which with the consent of the inhabitants, the Con- 
 gress may choose for the seat of the government of the United 
 States, excepting only the city of Philadelphia, the district of 
 Southwark, and that part of the Northern- I/iberties included 
 within a line running parallel with Vine street, at the distance 
 of one mile northward thereof, from the river Schuylkill to 
 the southern side of the main branch of Cohocksink creek, 
 thence down the said creek to its junction with the river 
 Delaware. But the marsh land and so much of the adjoin- 
 ing bank, on the same side of the said creek, as shall be 
 necessary for the erecting any dams and works to command 
 the water thereof, are excluded from this exception. 
 
 "Resolved, That it is the opinion of this Convention, that 
 until the Congress shall have made their election of a district, 
 for the place of their permanent residence, and provided 
 buildings for their accommodation, they have the use of such 
 of the public buildings within the city of Philadelphia, or 
 any other part of this State, as they shall find necessary. 
 
The Debate in the Convention. 431 
 
 " Unanimously Resolved, That the thanks of this Conven- 
 tion be presented to the President, for his able and faithful 
 discharge of the duties of the Chair." 
 
 To which the President answered: 
 "Gentlemen, 
 
 " I feel with the utmost gratitude the honor you have just 
 now done me, and I shall always esteem your approbation as 
 my highest reward for performing my duty to you, or render- 
 ing any services to my fellow citizens." 
 
 The Convention then adjourned sine die. 
 
CHAPTER V. 
 
 WHILE THE CONVENTION "WAS SITTING. 
 
 [As soon as the work of the Convention began, the press, 
 and particularly the anti-federal press, teemed with letters, 
 squibs, and essays from the people at large. Some were seri- 
 ous, some were intended to be satirical or funny, some were 
 in verse, and some were exceedingly silly. Yet, taken as a 
 whole, they form a running commentary on the work of the 
 Convention from day to day, and must be considered as a fair 
 expression of what the people as a body thought. To give 
 them all is impossible ; a few therefore have been selected, 
 and these, it is believed, may be safely regarded as samples 
 of all. No attempt has been made to edit them, as they are 
 too miscellaneous to allow of such treatment. 
 
 First, in point of time, was a petition drawn up and passed 
 round the coffee-houses by those in favor of amending the 
 Constitution, or referring it for amendment to a new Con- 
 vention.] 
 
 Such of the citizens of Pennsylvania as are not clearly ascer- 
 tained of the propriety of adopting the proposed constitu- 
 tion, without amendment or farther consideration, may 
 think it proper to join in the following petition : 
 To the Honorable the Delegates of the STATE Convention : 
 The Petition of the Citizens of Pennsylvania humbly 
 showeth. 
 
 That your petitioners, highly sensible of the benefits aris- 
 ing from good government, and perceiving that there were 
 defects in the federal compact established in the infancy of 
 our independency, assented with alacrity to a revision of the 
 articles of confederation, in full confidence that such amend- 
 ments would be made therein as would give sufficient strength 
 and energy to the federal head, without infringing those 
 
 (432) 
 
While the Convention was Sitting. 433 
 
 rights of sovereignty in the several States which are neces- 
 sary for the purposes of internal government, and the per- 
 formance of their respective functions as members of a federal 
 union ; or such rights of individuals as are necessary to dis- 
 tinguish free citizens from the subjects of despotism. 
 
 That the plan proposed by the general convention, instead 
 of offering to our consideration such amendments as were 
 generally expected and might be easily understood, contains 
 a total abolition of the existing confederation, and is in itself, 
 as a late writer expresses it, "a novelty in the practice of 
 legislation, essentially different, both in principles and orgaur 
 ization, from any system of government heretofore formed. ' ' 
 And although it may be an improvement on all those which 
 have preceded it, and better calculated for political happiness 
 than our present system of confederation is capable of being 
 made, yet your petitioners conceive it is no less the duty than 
 the right of every citizen to examine it with care and atten- 
 tion, and deliberately consider its probable operations and 
 effects before he assents to the adoption of a system of such 
 infinite importance. Accident, fraud, or force, may impose 
 on a people a system of government to which they will yield 
 obedience no longer than they are restrained from opposition 
 by a power that deprives them of the freedom of citizens. 
 But when a free people deliberately frame a government for 
 themselves, or adopt as their deliberate choice a system which 
 they have carefully investigated and understand, they are 
 bound to the observance of it by other ties than those of fear: 
 confident of acting in general concert, and of deriving recip- 
 rocal benefits, every individual will then more cheerfully 
 yield obedience to the laws and perform the duties of a citi- 
 zen. Hence it is of the highest importance that the proposed 
 system of government should be well understood by the peo- 
 ple in every State before it be adopted. 
 
 But your petitioners conceive that the people of Pennsyl- 
 vania have not yet had sufficient time and opportunity 
 afforded them for this purpose. Many of those who have 
 had the best opportunity that the shortness of the time would 
 admit, find their minds yet unsatisfied on some important 
 
 28 
 
434 While the Convention was Sitting. 
 
 points, though they may highly approve of the general struc- 
 ture; others, who felt a general approbation at first view, 
 now think some amendments essentially necessary : but the 
 great bulk of the people, from the want of leisure from other 
 avocations; their remoteness from information, their scat- 
 tered situation, and the consequent difficulty of conferring 
 with each other, cannot yet have duly investigated and con- 
 sidered a system of so much magnitude, which involves so 
 many important considerations as to require not only more 
 time than they have yet had since it was promulged, but 
 the combined force of many enlightened minds, to obtain a 
 right understanding of it. 
 
 Your petitioners hope they shall be excused if they men- 
 tion on this occasion some other matters which have retarded 
 the calm investigation which a subject of this importance 
 ought to receive. The disorderly proceedings in the city, 
 and the unaccountable zeal and precipitation used to hurry 
 the people into a premature decision, spread an amazement 
 through the country, which excited jealousies and suspicions 
 from which they could neither easily nor speedily recover. 
 Those who became partisans in the business had their minds 
 too much agitated to act with deliberation, and the election 
 of delegates was rushed into before the greater part of the 
 people had sufficiently recovered from their surprise to know 
 what part to take in it, or how to give their suffrages; they 
 therefore remained inactive. Your petitioners wish to be un- 
 derstood, however, as being far from intending to invalidate 
 the election, or to intimate any irregularity in the members 
 chosen, whom they respect both individually and as a body, 
 and in whose desire to promote the welfare and happiness of 
 the people they have much confidence; but they conceive it 
 will operate as a strong argument in favor of the measure 
 they request. 
 
 Your petitioners beg leave to suggest that the suspension 
 of your final determination for a few months will not occasion 
 any delay to the union, as divers of the States, whose deter- 
 minations are of equal importance with that of Pennsylvania, 
 will not meet in convention on this business in less than five 
 
While the Convention was Sitting. 435 
 
 or six months. The people of these States have wisely- 
 determined to deliberate before they delegate the power of 
 decision. But the people of Pennsylvania, deprived of this 
 privilege, are reduced to the necessity of asking as a favor, 
 what they ought to have enjoyed as a right, and they 
 confide in your wisdom and prudence to afford them an 
 opportunity of forming, collecting and expressing their sen- 
 timents by petitions or instructions before you come to a 
 determination which may preclude farther deliberation. 
 
 Your petitioners therefore pray that the honorable Conven- 
 tion will be pleased to adjourn till some day in April or May- 
 next, in order to obtain the deliberate sense of the citizens of 
 Pennsylvania on the plan of government proposed by the 
 late general convention. * 
 
 [An essay by " Candid " defending the work of the Federal 
 Convention.] 
 Fellow Citizens^ 
 
 The object of oxir present attention is the establishment of 
 a permanent government for ourselves and posterity; than 
 which, except what immediately concerns eternal salvation, 
 no object of greater magnitude can be oflFered to human con- 
 sideration. 
 
 History does not afford an instance exactly parallel with 
 the present — a people highly civilized, in an enlightened 
 age, in profound peace, the wisdom of the world in their 
 hands, all theory before their eyes, and all experiment within 
 their knowledge, resol-ving themselves, as it were, into a 
 state of nature, to institute a system of government, which 
 is to characterize their country, and on which their political 
 happiness and safety is to depend. I say, history does not 
 furnish an instance of such a people, so employed, and under 
 like circumstances. 
 
 The only practicable mode of commencing this important 
 business has been adopted. Delegates have been appointed 
 by the respective States for the purpose of framing a system 
 
 *From the Pennsylvania Packet, Dec. 11, 1787. 
 
436 While the Convention was Sitting. 
 
 of government, and proposing it to the consideration of the 
 people at large. In this first step you have shown a discretion 
 and propriety not usual in popular elections. I mean as to 
 the persons whom you appointed to this difficult and import- 
 ant service. Your most precious and admired characters were 
 brought together on this occasion — men most eminent for 
 wisdom and integrity — men whose judgments could not be 
 warped by any personal interests whatever, who were them- 
 selves to partake of the good or evil of the fruits of their de- 
 liberations — men whose attachment to their country cannot 
 be doubted, and whose competency to the business in hand 
 has never been disputed. One partiality alone could influence 
 the component parts of that most respectable body, the late 
 Convention; and that I conceive to be a happy influence. 
 The delegates from the respective States would naturally, 
 and from a sense of duty, be jealous and watchful, that in the 
 formation of a general government, no more of the specific 
 rights or interests of each State should be sacrificed, than 
 was absolutely necessary for the dignity, safety, and good 
 government of the United States; and therefore, it may be 
 supposed, as the fact really was, that they have made the best 
 compromise of complicated interests, which the nature of the 
 case would allow; so that the present question is not whether 
 the government proposed is the best of all possible govern- 
 ments, theoretically considered-although if fairly investi- 
 gated, it might stand even this test-but whether a better 
 union of separate sovereignties can be obtained ; or which is 
 of still greater importance, whether if the proposed system 
 should be rejected, the States will ever again make the same 
 compromise. 
 
 The theory of government hath employed the pens of spec- 
 . ulative and learned men in every age; and yet no system 
 hath ever been formed which is not liable to many positive 
 and many more probable evils and objections. A scheme of 
 government which shall invest the rulers with efficient pow- 
 ers, without a possibility of these powers being in any in- 
 stance abused or mi'^aoplied, should be sought lor by those 
 only who are looking tor tne philosopher- s stone, or the per- 
 
While the Convention was Sitting. 437 
 
 petual motion. But supposing it were possible to form a 
 political system unexceptionable in theory, it would be found 
 unexceptionable in theory only. The temper, genius, and 
 internal circumstances of the country to which it is to be ap- 
 plied, must be considered, otherwise the people might be 
 very unhappy under this best of all possible schemes. 
 
 In governments, two extremes are positively evil — an un- 
 controlled and unresponsible tyranny on the one hand, and 
 such a relaxed state on the other, as is insuflScient for defence 
 or good order, in which all men are put upon a level, without 
 regard to virtue, merit, or abilities, and in which he who 
 can practise most upon the credulity and indolence of the 
 multitude, will have the best opportunities of gratifying his 
 a:nbition and avarice. Between these extremes are many 
 degrees of excellence; many combinations of forms and dis- 
 positions of delegated power, which may be suited to the cir- 
 cumstances of different nations, and yet all liable to ingenious 
 objections by those who may think it their interest to mag- 
 nify possible evils, and hold up imaginary dangers. 
 
 If a people should remain without any government, until a 
 system could be framed so seemingly perfect in itself as to be 
 impregnable to all criticism, they would wait till fallible man 
 should do that which the Deity at least hath not done. The 
 government of the Jews, which was a pure theocracy, was not 
 so perfect, but that people frequently murmured and rebelled. 
 
 After our struggles for liberty and independence were 
 crowned with acknowledged success, the politicians of Eu- 
 rope looked to see the sun of our glory rise; but a long night 
 hath followed. Our federal union hath become insignificant 
 — almost contemptible. No one will be so hardy as to assert 
 that our situation as a nation, is either happy or honorable. 
 And how long shall we remain in this situation? Until all 
 malcontents shall be satisfied? Until the unanimous con- 
 sent of the people shall be obtained ? Be not deceived — those 
 who oppose this constitution, under a pretended zeal for the 
 liberties of the people, would with equal zeal, and under the 
 same pretences, oppose every other that could be offered. I 
 know not how it may be in the other States, but in Pennsyl- 
 
438 While the Convention was Sitting. 
 
 vania we need only look at the men to know their motives. 
 If we wait till these men are satisfied, we shall wait till some 
 Shays, some desperate adventurer, shall rise in the blast of 
 popular confusion into influence and importance, and frame 
 a government for us in a camp. And then, a very short an- 
 swer will suffice for all objections real and imaginary. 
 
 It is time — it is high time — that we had an efficient govern- 
 ment, in which the wisdom and strength of the United States 
 may be concentered. The fable of the man and his sons and 
 the bundle of sticks, may with propriety be extended beyond 
 the usual interpretation of mere mental concord. The moral 
 of the fable requires not only a bundle of sticks, but a bundle 
 of sticks bound together, for a union of strength. An efficient 
 federal government is the only cord that can bind our States 
 together for any length of time. For want of this bond of 
 union, Rhode Island, which is but a twig in the bundle, hath 
 already shewn symptoms of disaffection. 
 
 The establishment of a good and respectable government 
 for the United States, was an event which the leading men of 
 a party in Pennsylvania neither wished for, nor expected. 
 Their hope was, that the delegates from the different States 
 would never unite in any system. But when it was discovered 
 that a frame of government was indeed likely to be fixed upon, 
 and was nearly ripe for promulgation, some of the party were 
 so indiscreet as to declare their intended opposition, even 
 before they knew the system they were determined to oppose. 
 But the more cunning, though not less adverse, waited till 
 the Convention had announced their plan, and even then, 
 these politicians affected to be in its favor, and with its suc- 
 cess, until by an unexpected motion in the House of Assem- 
 bly, they were compelled to throw off" the mask, and declare 
 themselves openly. They wished to prevent even the first 
 step for bringing the federal government into existence. 
 They saw plainly, that a majority of the House would be for 
 recommending it to the people of the State at large to appoint 
 delegates in their behalf to consider, and if proper, give the 
 assent of this State to the proposed plan. In this emergency 
 they played off" a stroke of wicked policy, which the same 
 
While the Convention was Sitting. 439 
 
 party had once before found successful. As many of the mal- 
 contents, or rather tools of real malcontents, as were suffi- 
 cient to break up the House, abandoned their seats; but even 
 this manoeuvre did not answer the purpose. An accident not 
 looked for, defeated the pernicious intent, and the House 
 have legally, and in complete organization, recommended 
 that a State Convention should be called, and pointed out the 
 time and mode of doing it. 
 
 The disappointed partisans are now filling the newspapers 
 with loud outcries against the proposed constitution. They 
 have invoked Hecate to their aid; called up spirits from the 
 vasty deep, and presented raw-head and bloody-bones to the 
 people; weak and nervous politicians are even terrified by 
 their incantations. But the fallacy consists in this: These 
 writers consider the proposed constitution as vesting govern- 
 mental powers in strangers to be imported from God knows 
 what country, whose interests and those of the people of the 
 United States are not only separate from, but opposed to each 
 other. And in this view they descant largely on the dangers 
 and evils to be apprehended. Upon no other ground can 
 their arguments prove of any force. But the truth is, that 
 this Federal Assembly, this Senate, and this President of the 
 United States, are to be composed of our own brethren, of 
 men of our own appointment, taken from amongst ourselves; 
 whose interests must go hand in hand with ours; who, if 
 they do evil, must partake of that evil. If they enslave 
 others, they cannot leave their own children free. If they 
 involve the country in ruin, they cannot provide a Goshen 
 for themselves, their families and friends; for their power 
 will neither be perpetual nor hereditary. The constitution 
 ordains a frequent recurrence to the people for the choice of 
 their legislators and principal officers, all of whom are re- 
 sponsible for their conduct, and the component parts of the 
 system mutually control and check each other, in all cases 
 where checks and controls are consistent with good govern- 
 ment. 
 
 But this good constitution may be corrupted and abused, 
 say the opposers; and so indeed it may. From a like argu- 
 
440 While the Convention was Sitting. 
 
 ment, divine ■wisdom would have never made man, because 
 his body is subject to disorders; much less would man have 
 been entrusted with freedom of will, because it is too mani- 
 fest that he can make a bad use of it. For the same reason, 
 we should not eat for fear of indigestion, or drink for fear of 
 a dropsy, should never travel lest we lose our way, or go to 
 sea because we may be shipwrecked. Some hazard must at- 
 tend all human transactions, and the event of the most 
 simple pursuit cannot be ascertained with certainty. 
 
 Imagination has been wearied with efforts to vilify the 
 Federal Constitution proposed by the late convention; but if 
 nothing more substantial can be urged against it, we may 
 well pronounce it to be most worthy of our acceptance. The 
 irresistible voice of the people seems to be in its favor; and I 
 hope, and I doubt not but that it will be established to the 
 honor and safety of the United States, and to the confusion 
 of their enemies internal and external. Candid. * 
 
 Cato's Soi,ii,oquy Parodied. 
 
 It must be so — K m, thou reason' d well! 
 
 Else wheace this pleasing hope, this fond desire, 
 
 This longing after offices of State? 
 
 Or whence this secret dread, and inward horror, 
 
 Of falling into nought ? Why shrink our souls, 
 
 And startle at the Federal Government ? 
 
 ' Tis interest, dear-self-interest stirs within us. 
 
 And tells us that a Federal government 
 
 Is bane, is prison to State demagogues. 
 
 A Federal government— O dreadful thought! 
 
 Through what variety of untried being. 
 
 Through what new scenes and changes must we pass ? 
 
 The wide unbounded prospect lies before us; 
 
 But shadows, clouds, and darkness rest upon it. 
 
 State sovereignty we'll hold: for if there is 
 
 A power superior that we must submit to, 
 
 (And that there must be, reason cries aloud 
 
 Through all the land) it may be just and virtuous; 
 
 Defeat our views, and make a nation happy. 
 
 I fear ! I fear I— This State is not for K m. 
 
 But time must soon decide— My death and life.t 
 
 * Prom the Pennsylvania Packet, Nov. 27th. 
 
 t Pointing to the Federal system and State Constitution. 
 
While the Convention was Sitting. 441 
 
 My bane and antidote, are both before me: 
 This in a moment brings me to an end, 
 And this informs me I shall still be great. 
 My interest well secur'd, I'll smile at those 
 Poor easy tools, I've dup'd to serve my purpose ; 
 And mock at all the clamors of good men. 
 Patriots may shrink away — Fabius himself, 
 And Franklin dim with age, lament with tears 
 Their toils, their cares, with virtues, all were vain, 
 If I but flourish in the general ruin, 
 Unhurt amidst the war of jarring States, 
 The wrecks of property, and crush of justice. 
 What means this heaviness that hangs upon me ? 
 This lethargy that creeps through all my senses ? 
 Nature oppress'd, and harrass'd out with care. 
 Sinks down to rest I'll try to favor her, 
 That my awaken'd genius may arise, 
 With force renew' d to invent new fallacies 
 To puzzle and deceive. Let fears alarm 
 
 The patriot's breast — K m knows none of them ! 
 
 Indififerent in his choice, if good or ill 
 Betide his country, if he govern still.* 
 
 [Report of a Committee of Citizens.] 
 li'or the Independent Gazetteer, 
 
 Mr. Printer: It has been often said, concerning the pro- 
 posed constitution, that those who complained of its faults, 
 should suggest amendments. A number of citizens, warmly 
 desirous of promoting the establishment of a well organized 
 federal government; and perceiving in each other, sentiments 
 inclining to harmony, formed a committee of their own 
 members to examine and consider the proposed constitution, 
 with instructions to report such amendments, and such only 
 as they should deem absolutely necessary to safety in the 
 adoption of it, paying equal regard to its practicability and 
 efficiency as a system of government on the one hand, and to 
 those rights which are essential to free citizens in a state of 
 society on the other. 
 
 The report having been read, a motion was made to adopt 
 it; but after some debate, in which some of the members de- 
 clared that their minds had already undergone some changes, 
 
 * Independent Gazetteer, Nov. 27, 1787. 
 
442 While the Convention mas Sitting. 
 
 and that their opinions were not yet satisfactorily established, 
 it was thought proper that further time should be taken to 
 deliberate and advise with their fellow citizens on a subject 
 of such high importance and general concernment. It was 
 therefore agreed that the question should be postponed for 
 further consideration, and that in the meantime the report 
 be published. By giving it a place in your paper, you will 
 oblige Many Customers. 
 
 The committee to whom was referred the plan proposed by 
 the late general convention, for the government of the 
 United States, report. 
 
 That in the examination of the said plan, they have con- 
 ceived it to be their duty to exercise the freedom which the 
 magnitude of the trust reposed in them required ; at the same 
 time, that they have kept constantly in mind the respect 
 and deference due to the great characters who formed the 
 plan, and that candor and liberality of construction which 
 are necessary in forming a just opinion of a national compact 
 is which the citizens of every State in the Union, having an 
 equal interest, are equally parties. 
 
 Under these impressions, your committee have taken the 
 said plan into their most serious consideration; and though 
 they find much in it which merits approbation, yet the duty 
 they owe to their constituents and to their country, obliges 
 them to propose some alterations, which they should deem 
 necessary, considering it merely with regard to practicability 
 as a system of government; and when to this consideration 
 are added the propriety of preserving to the respective States 
 so much of their sovereignty as may be necessary to enable 
 them to manage their internal concerns, and to perform their 
 respective functions as members of a federal republic, and of 
 preserving to individuals such rights as are essential to free- 
 men in a state of society, the necessity of making such 
 alterations appear to your committee irresistibly strong. 
 
 There are four points in which your committee apprehend 
 alterations are absolutely necessary before the plan can with 
 safety be put in operation, namely : 
 
While the Convention was Sitting. 443- 
 
 Respecting Elections. 
 
 Internal Taxation. 
 
 The Judicial Department. 
 
 The Legislative Power, so far as it is independent of the 
 House of Representatives. 
 
 Divers other amendments might with propriety be pro- 
 posed, some of which might be comprehended in a bill of 
 rights, or table of fundamental principles, so declared and 
 established as to govern the construction of the powers given 
 by the constitution; but your committee avoid to mention 
 them in detail, because if suitable amendments are made re- 
 specting the points enumerated, the necessity for going far- 
 ther on the present occasion, though not entirely done away, 
 will be so far diminished, as that it may be thought advis- 
 able to leave them to future consideration, on such sugges- 
 tions as time and experience shall offer. 
 
 Your committee therefore proposes the following amend- 
 ments — Art. I, sect. 4, strike out these words — but the Con- 
 gress may at any time by law make or alter such regulations, 
 except as to the place of choosing senators. 
 
 Art. I, sect. 8, strike out tax and excises — [and so through- 
 out the plan make such amendments as may be necessary in 
 conformity with this idea] at the end of the clause, add — • 
 "To make requisitions, in the proportion aforesaid, on the 
 several States in the Union, for such supplies of money as 
 shall be necessary, in aid of the other revenues, for these 
 purposes; leaving to the States respectively, the mode of 
 levying and collecting the same: Provided, that if any State 
 shall neglect or refuse to pass an act for complying with any 
 such requisition, or shall otherwise neglect or refuse to pay 
 its quota of any such requisition within the time therein lim- 
 ited, it shall be in the power of the Congress on any such 
 delinquency, by law, to direct the levying and collecting of 
 such quota, together with such farther sum as may be neces- 
 sary to defray the expense thereof, and interest from the 
 time it ought to have been paid, from the persons and estates 
 of the inhabitants of such delinquent State, according to the 
 mode of assessment by law established in such State; or in 
 
444 While the Convention was Sitting. 
 
 default of such establishment, by such modes and means as 
 the Congress shall by law establish for that purpose." 
 
 Art. 3, sect. 3, clause ist. — Strike out the words between 
 citizens of different States. After the words "between a 
 State," strike out, or the citizens thereof. 
 
 Clause 2d — Strike out both as to law and fact. 
 
 These two clauses will then stand as follows: 
 
 "The judicial power shall extend to cases in law and 
 equity, arising under this constitution, the laws of the United 
 States, and treaties made or which shall be made, under their 
 authority; to all cases affecting ambassadors, other public 
 ministers and consuls; to all cases of admiralty aud maritime 
 jurisdiction; to controversies to which the United States shall 
 be a party; to controversies between two or more States; 
 between a State and citizens of another State; between citi- 
 zens of the same State claiming lands under grants of differ- 
 ent States; and between a State and foreign States, citizens 
 or subjects. 
 
 ' ' In all cases affecting ambassadors, other public ministers 
 and consuls, and those in which a State shall be party, the 
 Supreme Court shall have original jurisdiction. In all the 
 other cases before-mentioned, the Supreme Court shall have 
 appellate jurisdiction, with such exceptions and under such 
 regulations as the Congress shall make. ' ' 
 
 Art. 6, clause 2 — ^After the word "notwithstanding," insert 
 "provided that every such treaty which shall hereafter be 
 made shall have been laid before the House of Representa- 
 tives, and have obtained the approbation of so many of the 
 members of that House as shall be a majority of the whole 
 number elected. ' ' 
 
 And your committee submit the following resolutions to 
 consideration: 
 
 That the foregoing amendments to the plan of government 
 formed by the late general convention, be transmitted to the 
 United States in Congress assembled. 
 
 That Congress be requested to recommend to the several 
 States in the union, that delegates be elected by the people 
 of the said States respectively, to meet in general convention 
 
While the Convention was Sitting. 445 
 
 at on the day of next, to 
 
 take into consideration the said amendments, together with 
 such amendments as shall be proposed by the several State 
 conventions, and to revise and amend the said plan of govern- 
 ment is such manner as they shall agree upon, not altering 
 the form as it now stands, farther than shall be necessary to 
 accommodate it to such of the amendments which shall be so 
 proposed to them, as they, or the representatives of any nine 
 or more States, shall agree to adopt; and that in case the 
 plan so agree upon shall be assented to by the vote of every 
 State which shall be represented in such Convention, they 
 shall have power, without further reference to the people, to 
 declare the same the Constitution or frame of government of 
 the United States, and it shall thereupon be accepted and 
 acted upon accordingly, * 
 
 [A criticism of the report by " Columbus.] 
 
 ' ' Be the workmen what they may be, let us speak of the 
 work. ' ' Bacon' s Essays. 
 
 A late publication in your paper, in the form of a Report 
 of a Committee, has afforded both information and satisfac- 
 tion to divers of your readers. It were to be wished that so- 
 cieties, of the kind of that to which the committee reported, 
 were formed in every neighborhood, and that more time had 
 been taken by the people, by such or other means, to possess 
 themselves of a more accurate knowledge of a subject so highly 
 interesting to every individual, before the men were fixed 
 upon who should possess the power of deciding for them on 
 a subject of the highest sublunary importance to them and 
 their posterity. 
 
 The members of the general convention had the matter 
 several months under daily discussion and debate. Every 
 thought which occurred to any one was communicated to and 
 examined by every one, so that every one had time and 
 opportunity to trace the purport and tendency of every clause 
 and sentence, separately considered, as well as the probable 
 
 *Froni the Independent Gazetteer, Dec. i, 1787. 
 
446 While the Convention was Sitting. 
 
 eflFect and influence of the combined whole; but these deliber- 
 ations were kept within their own walls with the secrecy of 
 a conclave. The people expected the result would be an 
 amendment of the federal compact, on such points only as 
 had been generally spoken of as defective. Their minds were 
 prepared for such amendments as they could easily judge of, 
 and come to a speedy decision upon. But instead of the old 
 instrument being repaired and amended, we are called upon 
 to consider it as totally dissolved, and its component party 
 reduced to a state of nature. 
 
 The constitution proposed in its stead is confessedly, even 
 by the framers of it, a novelty in the practice of legislation, 
 essentially different, both in principles and organization, 
 from any system of government heretofore formed, either by 
 force, fraud, accident, or the deliberate consent of a people. 
 It may be, as some of its sanguine advocates have asserted, 
 the best form that was ever offered to a people; but we should 
 remember, that what may be, may not be ; and however ready 
 we may be to adopt measures on the credit of others, in 
 matters of lighter moment, the subject before us is certainly 
 a matter of too much consequence to be decided upon with- 
 out thorough examination, and more deliberation than the 
 citizens of Pennsylvania have had an opportunity of exercis- 
 ing. For although a few individuals who were in the Gen- 
 eral Convention may have given it a sufficient degree of 
 investigation to satisfy their own minds; yet it may be fairly 
 said of the people at large, that they could not possibly have 
 given it a due degree of examination at the time, that they 
 were in a manner surprised into a kind of surrender of the 
 right of further deliberation, by the election of delegates to 
 express their final decision. It has been said, that a small 
 proportion only of the voters in the State (hardly a sixth 
 part) gave their suffrages on this occasion; and it may fairly 
 be presumed, circumstances considered, that a large propor- 
 tion of those who did not vote, declined it because they found 
 themselves unqualified, from the mere want of such informa- 
 tion as every citizen ought to possess, before he gives his 
 weight on either side, on a question of so much importance. 
 
While the Convention was Sitting. 447 
 
 Will the members of the State convention, thus possessed 
 of the power, run hastily into the adoption, in toto, of a plan 
 of government which, in the opinion of a large proportion of 
 .their constituents, cannot with safety be put in operation, 
 without very essential amendments? Or will they not rather 
 assent either to make the necesary amendments the condition 
 of their agreeing to the plan, or to adjourn for a reasonable 
 time, in order to obtain the deliberate sense of their constit- 
 uents on a matter of so much importance? Those who mean 
 to act fairly, can hardly withhold their assent to such an ad- 
 journment, except it be on the score of expense, and the 
 trouble of reassembling. But surely these are considerations 
 too light to be placed in opposition to the object. The delay 
 can occasion no real loss of time as to the final event, because 
 the accession of other States will be necessary to give opera- 
 tion to the plan; and we know that divers of the State con- 
 ventions will not meet to deliberate upon it before May or 
 June. Why then should we be denied a reasonable time for 
 deliberation ? If the system be a good one and calculated to 
 promote the happiness of the people, the more it is examined 
 and understood, the more generally will it be approved of; 
 but if it should be otherwise, it can hardly be expected that 
 the people would acquiesce in a determination, which they 
 might suppose had been unfairly obtained.* Coiumbus. 
 
 [A criticism of M'Kean.] 
 
 Mr. Oswald: What a contracted soul must that man have, 
 who does not think that inestimable jewel, that greatest of 
 blessings. Liberty^ is worth contending for; who advises his 
 fellow citizens, when they have the alternative within their 
 reach, to submit to tyranny without a struggle, because the 
 life of man is such a span, seldom more than three-score 
 years, f Indeed the votaries of despotism must hereafter give 
 the palm of superior merit to him, for he hath discovered that 
 a good government is the greatest curse that can be inflicted 
 
 * Pennsylvania Packet, Dec. 8, 1787. 
 
 t This is the substance of a speech delivered by C f J e M!K n 
 
 in the Convention on Tuesday last. 
 
448 While the Convention was Sitting. 
 
 on mankind ; for, says he, it attaclies men too much to this 
 sublunary scene, it makes them reluctant to quit their earthly 
 tabernacles. On his principle the Turks are supremely 
 blessed, who suffering under constant oppression, can have 
 no inducement to wish their existance prolonged; they must 
 be in a constant state of preparation to make their exit. * 
 
 A Bye-STAnder. 
 
 [A criticism of Mr. Whitehill.j 
 
 Substance of a speech, delivered by J. W — h — 11, Esquire, 
 in convention, on last Monday evening. 
 
 Mr. President: It has been said that Congress will have 
 power, by the new Constitution, to lay an impost on the im- 
 portation of slaves into these States ; but that they will have 
 no power to impose any tax upon the migration of Europeans. 
 Do the gentlemen, sir, mean to insult our understandings, 
 when they assert this ? Or are they ignorant of the English 
 language ? If, because of their ignorance, they are at a loss, 
 I can easily explain this clause for them. The words ' ' mi- 
 gration''' and "importation," sir, being connected by the 
 disjunctive conjunction "or," certainly mean either migra- 
 tion, or importation ; either the one, or the other ; or both. 
 Therefore, when we say ' ' a tax may be laid upon such im- 
 portation^ we mean, either upon the importation^ or migra- 
 tion; or upon both ; for, because they ax& joined together, in 
 the first instance, by the disjunctive conjunction or, they are 
 both synonymous terms for the same thing — therefore, ' ' such 
 importation,^'' because the comparative word such, is used, 
 means both importation and migration. 
 
 Mr. Oswald. As the above learned exposition may be a 
 valuable acquisition to our English commentators, it may not 
 be amiss, at this time, to demonstrate the truth of it, for the 
 benefit of the ignorant, to whom it may seem rather para- 
 doxical. 
 
 Suppose the Legislature of Pennsylvania should say — 
 "French or British ships shall be allowed to come into our 
 ports; but such British ships shall be taxed," etc. — Here, it 
 
 * Independent Gazetteer, Dec. i, 1787. 
 
While the Convention was Sitting. 449 
 
 is evident, that the French ships, as well as the British, 
 would be obliged to pay tax, imposed as above; for they are 
 connected by the disjunctive conjunction or—Ergo^ French 
 ships and British ships are the same thing — also importation 
 and migration — Q. E. D. 
 
 I shall conclude, sir, with observing that were all the 
 the members of our convention capable, like Mr. W— h— II, 
 of dissecting, analyzing, and explaining, the' new Constitu- 
 tion, they would be able in a few days to pass a judgment 
 upon it : and thus there would be upwards of 14,000 dollars 
 saved to the State ; for, it is very probable they will sit nearly 
 as long, in discussing the new Constitution, as the federal 
 convention did in framing it. Puff. * 
 
 [The Minority of the Convention denounced.] 
 
 Mr. Oswald: Who are those " 24 virtuous characters who 
 
 compose the minority in the Convention, whose souls have 
 
 been tried in the late glorious war, ' ' we are told of in Mr. 
 
 Bailey's paper of this day? In what manner have their souls 
 
 been triedl Where was Mr. S y the day of the battle 
 
 of Brandywine? Did he command the right or left wing of 
 the army of the United States? Did he dispute rank, on 
 that day, with Major General Lord Sterling? Was that the 
 cause of his Lordship's putting him in the guard-house? 
 Or did his Lordship consider him a suspicious character? A 
 Spy! Where was Mr. F y and Mr. R 1 W- //, dur- 
 ing the late glorious war? Go th-rough the whole antifederal 
 junto, and you will find few real whigs amongst them ! No Sir, 
 good whigs are good members and supports of good govern- 
 ment! Sir, we have a Constitution offered us by the United 
 States for our acceptance, in which all the real and disinter- 
 ested whigs will unite : and which the good whigs will adopt. 
 I believe, Sir, the only antifederalists in this or the neighbor- 
 ing States, are the street or sunshine whigs, and office hold- 
 ers who know that as the number of offices and of&cers will 
 be lessened, they are unwilling to part with them. There 
 will be no such thing under the federal Constitution as creat- 
 
 * Independent Gazetteer, Dec. 6, 1787. 
 29 
 
450 While the Convention was Sitting. 
 
 ing offices for the purpose of making a favorite an officer, at 
 the expense of the people. * A True Whig. 
 
 [Cost of the Convention.] 
 
 Mr. Oswald: I am afraid we have got into a scrape by put- 
 ting so many counsellors, judges, assemblymen and lawyers 
 into our State Convention. They are spending a wonderful 
 deal of their time and our money. I wish we had put in 
 plain folks, not so much used to talking in public. I would 
 not wish to hurry them, but that I think, if they do not like 
 the Constitution proposed, they should say so at once. A 
 week would have been time enough to talk the matter over, 
 and then they might have taken the question. Really, Sir, 
 public expenses are so great, trade so hampered, for want of 
 power in Congress, produce of course so low, and living so 
 expensive, that any needless charge is death to us, however 
 great the sport is to them, who spend the money. I hope 
 therefore the House will take the question very soon.f 
 
 A Freeholder. 
 
 Germantown Township, Dec. 4, 1787. 
 
 [A call for the question. J 
 
 Messrs. Dunlap and Claypoole: I have attended some of 
 the debates of the convention, as well as your correspondent 
 in this day's paper, who signs himself "One of the People." 
 
 I have listened with attention to the monotonous and per- 
 tinacious Whitehill, to the zealous Smilie, and to the candid, 
 thoughtful Findley. On the other side of the room I have 
 heard with conviction the clear and rational arguments of the 
 Chief Justice, the good sense of Yeates, the fervency of 
 Chambers, the pathos and imagination of Rush, the nervous 
 thinking and correct eloquence of Wilson. I have heard in 
 the gallery the whispers of approbation circulate, as true 
 federal sentiments have been well expressed or happily intro- 
 duced by the speakers; I have seen those who wished for the 
 establishment of the proposed government return more zeal- 
 ous for it than before; I have seen those who went there 
 
 * Independent Gazetteer, Dec. 6, 1787. 
 t Independent Gazetteer, Dec. 6, 1878. 
 
While fke Convention was Sitting. 451 
 
 undetermined depart in full decision to support it, I have 
 enquired abroad for the opponents of the plan, and have 
 found them almost uniformly the possessors or expectants of 
 office, with their nearest friends and connections. I have 
 seen the presses loaded with anti-federal compositions and 
 the federal government almost left to defend itself. I have 
 sought for the effect so many publications must have had on 
 the public mind, and have almost everywhere met with con- 
 fessions, that, objectionable as it might be, in the present 
 situation of things we could not expect a better. I have seen 
 the farmer storing his grain, the merchant suspending his 
 enterprises, and the men of ready money hoarding up their 
 cash, till the operation of the government should' give activity 
 and confidence to the people of this country in their dealings 
 abroad and with each other. I have seen the landholders 
 assemble and make an offer of territory, and I have witnessed 
 the hopes of the manufacturers and mechanics that their 
 offer may be accepted. I have noticed an anxiety lest Penn- 
 sylvania, often the leader, and always amongst the foremost 
 in useful and distinguished measures, should suffer two of her 
 weakest sisters to anticipate her laurels. I have at length 
 heard something like murmurs, that the people of Pennsyl- 
 vania should spend their time in debates, which being cou- 
 ducted without order, promise no certain end, in which, the 
 issue of the argument can only be guessed at from the coun- 
 tenance of the members, and the final vote upon the accept- 
 ance or rejection of the whole cannot possibly (for the reasons 
 given) be influenced by this discussion on its parts; and I, 
 have heard it said, that however suitable these disquisitions 
 might be in an academy of petty critics, or a divan of trem- 
 bling slaves — ^where the evidence and ingenuity in one, or 
 the exercise of freedom by the other, might consist in the 
 dissection of a sentence, or the explanation of a synonima\ 
 yet it would be more manly, more characteristic of a conven- 
 tion of freemen, at once to put the question: Shall we be 
 happy or miserable, powerful or contemptible? Shall Penn- 
 sylvania adopt or reject the Federal Government?* 
 
 Wednesday, Dec. jth. Yours, E. G. O. 
 
 * Pennsylvania Packet, Dec. 8, 1787. 
 
452 While the Convention was Sitting. 
 
 [Reply to James Wilson.] 
 
 Mr. Oswald: In your paper of the i6th instant, some per- 
 son under the signature of Puff or Frothy I don't now recollect 
 which, came forward in the shape of a critique, and demon- 
 strated it very clearly that a gallon of air would be necessary to 
 support him, while he carped at a grammatical error, which 
 
 he pretended to have discovered in Mr. J Wh — h — 11' s 
 
 speech in Convention. But Mr. Oswald, how many gallons 
 of air would it require to support this Dr. Frothy while he 
 described all the errors of a different complexion made by 
 members on his side of the house — I will mention a few, such 
 
 as when J s W — Is — n. Esquire, declared that German or 
 
 Irish indented servants, imported, were not articles of com- 
 merce, and therefore not subject to the tax of lo dollars each 
 — but that freemen were properly articles of commerce, (as 
 well as blacks). 
 
 That Virgina and most of the other States had no bills of 
 rights, and therefore we ought not to have one; and added 
 he, ' ' some member said there would be no harm in having 
 one, but it is my opinion that there would be much harm in 
 it, and it would also put it out of the power of our indepen- 
 dent judges to show their firmness in checking the law- 
 makers" (who appoints them, and who have the power to 
 impeach and discard them). 
 
 Now, Mr. Oswald, I thought it was a bill of rights ascer- 
 taining the bounds of the legislative power, that gave the 
 judges a right to say when the laws were unconstitutional, 
 and therefore void. 
 
 The bill of rights of our Constitution, Mr. W — Is — n de- 
 clared had been of great hurt. Do not you remember that it 
 was the only thing saved you, ^^v^-a. Judge Jeffries called you 
 to his bar; — it was jury trial and the declaration of the free- 
 dom of the press which checked him, and saved you and the 
 press from being crushed, at that time. But Jefferies hopes 
 soon to h^ Judge and Jury. He and Mr. W — Is— n Saturday 
 in Convention interrupted a member while speaking, and de- 
 clared that jury trial never existed in Sweden or in any other 
 country, out of Great Britain and America. O Truth, where 
 
While the Convention was Sitting. 45.3 
 
 art thou gone? Fled from the councils of America! Are 
 we thus to be fooled out of the transcendant privilege of free- 
 men, trial by jury of our peers (or equals), and in the place 
 of it be tried by corrupted judges? 
 
 It is thus that lawyers are allowed to rob us of our dearest 
 privileges — to serve themselves? Law will become a bottomless 
 pit, indeed, if our right worshipful judgeships are allowed to 
 re-examine and judge of facts as well as law, in their conti- 
 nental courts. * One of the People. 
 
 [Conduct of the Majority of the Convention.] 
 Mr. Oswald: I am a sober, orderly citizen, not wise enough 
 to frame governments, nor weak enough to act contrary to 
 my conscience. If any thing could induce me to oppose the 
 new Constitution, it would be the indecent, supercilious car- 
 riage of its advocates towards its opponents, which I take to 
 indicate the spirit of the system itself. Every insult oflfered 
 to the minority is offered to the State, which they, as well as 
 the majority, represent; and it surely will not be denied that 
 for general reasoning the friends do not muster stronger than 
 the enemies of this plan. I declare to you, Sir, that the 
 management of this business has shaken the faith of 
 
 A Federalist, t 
 
 * Independent Gazetteer, Dec. 11, 1787. 
 t Independent Gazetteer, Dec. 11, 1787. 
 
CHAPTER VI. 
 
 AFTER THE CONVENTION ROSE. 
 
 [While the members of the Convention were eating their 
 dinner and drinking their toasts at Epple's Tavern, some 
 enthusiastic Federalists were busy in one of the ship-yards 
 preparing a novel method of celebrating their victory. By 
 evening all was ready, and what then took place was after- 
 wards described in the Gazetteer.^ 
 
 ' ' On the evening of the public rejoicing for the ratification 
 of the Federal Constitution, a number of ship carpenters and 
 sailors conducted a boat, on a wagon drawn by five horses, 
 through the city, to the great amusement of many thousand 
 spectators. On their way through the different streets, they 
 frequently threw a sounding line and cried out, "Three and 
 twenty fathom— ;;^«/ bottom, ' ' and in other places, ' ' Six and 
 forty fathom — sound bottom — safe anchorage," alluding to 
 the numbers that composed the minority and majority of the 
 late Convention of Pennsylvania which ratified the Federal 
 Constitution. ' ' 
 
 [If the rejoicing Federalists supposed that all opposition to 
 their new plan would stop, they were greatly mistaken. The 
 Antifederalists were far from humbled, and, till well into the 
 autumn of 1788, the Antifederal presses of the State teemed 
 with assaults on the Constitution. First in time and import- 
 ance came] 
 The Address and Reasons of Dissent of the Minority 
 
 OF the Convention op the State of Pennsylvania 
 
 TO their Constituents.* 
 
 It was not until after the termination of the late glorious 
 contest, which made the people of the United States an inde- 
 pendent nation, that any defect was discovered in the present 
 
 *From The Pennsylvania Packet and Daily Advertiser, Dec. 18, 1787. 
 
 (454) 
 
WILLIAM FINDLET 
 Nat 1750 -Ob 1821. 
 
 Svm, ifif C?rifinai fuUilMn^ lof CWl'mlcitt, 
 
Reasons of Dissent of the Minority. 455 
 
 confederation. It was formed by some of the ablest patriots 
 in America. It carried us successfully through the war, and 
 the virtue and patriotism of the people, with their disposition 
 to promote the common cause, supplied the want of power 
 in Congress. 
 
 The requisition of Congress for the iive per cent, impost 
 was made before the peace, so early as the first of February, 
 1781, but was prevented taking effect by the refusal of one 
 State; yet it is probable every State in the Union would have 
 agreed to this measure at that period, had it not been for the 
 extravagant terms in which it was demanded. The requisi- 
 tion was new moulded in the year 1783, and accompanied 
 with an additional demand of certain supplementary funds 
 for twenty-five years. Peace had now taken place, and the 
 United States found themselves laboring under a considera- 
 ble foreign and domestic debt, incurred during the war. The 
 requisition of 1783 was commensurate with the interest of the 
 debt, as it was then calculated ; but it has been more accu- 
 rately ascertained since that time. The domestic debt has 
 been found to fall several millions of dollars short of the cal- 
 culation, and it has lately been considerably diminished by 
 large sales of the Western lands. The States have been called 
 on by Congress annually for supplies until the general system 
 of finance proposed in 1783 should take place. 
 
 It was at this time that the want of an efiicient federal 
 government was first complained of, and that the powers 
 vested in Congress were found to be inadequate to the pro- 
 curing of the benefits that should result from the union. 
 The impost was granted by most of the States, but many re- 
 fused the supplementary funds; the annual requisitions were 
 set at naught by some of the States, while others complied 
 with them by legislative acts, but were tardy in their pay- 
 ments, and Congress found themselves incapable of comply- 
 ing with their engagements and supporting the federal gov- 
 ernment. It was found that our national character was 
 sinking in the opinion of foreign nations. The Congress 
 could make treaties of commerce, but could not enforce the 
 observance of them. We were suffering from the restrictions 
 
456 After the Convention Rose. 
 
 of foreign nations, who had suckled our commerce while we 
 were unable to retaliate, and all now agreed that it would be 
 advantageous to the union to enlarge the powers of Congress, 
 that they should be enabled in the amplest manner to regu- 
 late commerce and to lay and collect duties on the imports 
 throughout the United States. With this view, a convention 
 was first proposed by Virginia, and finally recommended by 
 Congress for the different States to appoint deputies to meet in 
 convention, "for the purposes of revising and amending the 
 present articles of confederation, so as to make them adequate 
 to the exigencies of the union." This recommendation the 
 legislatures of twelve States complied with so hastily as not 
 to consult their constituents on the subject; and though the 
 different legislatures had no authority from their constituents 
 for the purpose, they probably apprehended the necessity 
 would justify the measure, and none of them extended their 
 ideas at that time further than ' ' revising and amending the 
 present articles of confederation. ' ' Pennsylvania, by the act 
 appointing deputies, expressly confined their powers to this 
 object, and though it is probable that some of the members 
 of the assembly of this State had at that time in contempla- 
 tion to annihilate the present confederation, as well as the 
 constitution of Pennsylvania, yet the plan was not sufl&ciently 
 matured to communicate it to the public. 
 
 The majority of the legislature of this commonwealth were 
 at that time under the influence of the members from the city 
 of Philadelphia. They agreed that the deputies sent by them 
 , to convention should have no compensation for their services, 
 which determination was calculated to prevent the election 
 of any member who resided at a distance from the city. It 
 was in vain for the minority to attempt electing delegates to 
 the convention who understood the circumstances, and the 
 feelings of the people, and had a common interest with them. 
 They found a disposition in the leaders of the majority of the 
 house to choose themselves and some of their dependents. 
 The minority attempted to prevent this by agreeing to vote 
 for some of the leading members, who they knew had in- 
 fluence enough to be appointed at any rate, in hopes of carry- 
 
Reasons of Dissent of the Minority. 457 
 
 ing with them some respectable citizens of Philadelphia, ii, 
 whose principles and integrity they could have more confi- 
 dence, but even in this they were disappointed, except in one 
 member: the eighth member was added at a subsequent ses- 
 sion of the assembly. 
 
 The Continental Convention met in the city of Philadel- 
 phia at the time appointed. It was composed of some men 
 of excellent character; of others who were more remarkable 
 for their ambition and cunning than their patriotism, and of 
 some who had been opponents to the independence of the 
 United States. The delegates from Pennsylvania were, six 
 of them, uniform and decided opponents to the Constitution 
 of this commonwealth. The convention sat upwards of four 
 months. The doors were kept shut, and the members 
 brought under, the most solemn engagements of secrecy.* 
 Some ot those who opposed their going so far beyond their 
 powers, retired, hopeless, from the convention; others had the 
 firmness to refuse signing the plan altogether; and many who 
 did sign it, did it not as a system they wholly approved, but 
 as the best that could be then obtained, and notwithstanding 
 the time spent on this subject, it is agreed on all hands to be 
 a work of haste and accommodation. 
 
 Whilst the gilded chains were forging in the secret con- 
 clave, the meaner instruments of the despotism without were 
 busily employed in alarming the fears of the people with 
 dangers which did not exist, and exciting their hopes of 
 greater advantages from the expected plan than even the best 
 government on earth could produce. The proposed plan had 
 not many hours issued forth from the womb of suspicious 
 secrecy, until such as were prepared for the purpose, were 
 carrying about petitions for people to sign, signifying their 
 approbation of the system, and requesting the legislature to 
 call a convention. While every measure was taken to intim- 
 idate the people against opposing it, the public papers teemed 
 with the most violent threats against those who should dare 
 to think for themselves, and tar and feathers were liberally 
 promised to all those who would not immediately join in sup- 
 
 * The Journals of the conclave are still concealed. 
 
458 After the Convention Rose. 
 
 porting the proposed government, be it what it would. Under 
 such circumstances petitions in favor of calling a Convention 
 were signed by great numbers in and about the city, before 
 they had leisure to read and examine the system, many of 
 whom — now they are better acquainted with it, and have had 
 time to investigate its principles — are heartily opposed to it. 
 The petitions were speedily handed in to the legislature. 
 
 Affairs were in this situation, when on the 28th of Septem- 
 ber last, a resolution was proposed to the assembly by a 
 member of the house, who had been also a member of the 
 federal convention, for calling a State convention to be 
 elected within ten days for the purpose of examining and 
 adopting the proposed Constitution of the United States, 
 though at this time the house had not received it from Con- 
 gress. This attempt was opposed by a minority, who after 
 offering every argument in their power to prevent the pre- 
 cipitate measure, without effect, absented themselves from 
 the house as the only alternative left them, to prevent the 
 measures taking place previous to their constituents being 
 acquainted with the business. That violence and outrage 
 which had been so often threatened was now practised; some 
 of the members were seized the next day by a mob collected 
 for the purpose, and forcibly dragged to the house, and there 
 detained by force whilst the quorum of the legislature so 
 formed^ completed their resolution. We shall dwell no 
 longer on this subject: the people of Pennsylvania have been 
 already acquainted therewith. We would only further ob- 
 serve that every member of the legislature, previously to 
 taking his seat, by solemn oath or afi&rmation, declares ' ' that 
 he will not do or consent to any act or thing whatever, that 
 will have a tendency to lessen or abridge their rights and 
 privileges, as declared in the constitution of this State." 
 And that constitution which they are so solemnly sworn to 
 support, cannot legally be altered but by a recommendation 
 of the council of censors, who alone are authorized to propose 
 alterations and amendments, and even these must be pub- 
 lished at least six months for the consideration of the people. 
 The proposed system of government for the United States, if 
 
Reasons of Dissent of the Minority. 459 
 
 adopted, will alter and may annihilate the constitution of 
 Pennsylvania; and therefore the legislature had no authority 
 whatever to recommend the calling a convention for that 
 purpose. This proceeding could not be considered as bind- 
 ing on the people of this commonwealth. The house was 
 formed by violence, some of the members composing it were 
 detained there by force, which alone would have vitiated any 
 proceedings to which they were otherwise competent; but 
 had the legislature been legally formed, this business was 
 absolutely without their power. 
 
 In this situation of affairs were the subscribers elected 
 members of the Convention of Pennsylvania — a Convention 
 called by a legislature in direct violation of their duty, and 
 composed in part of members who were compelled to attend 
 for that purpose, to consider of a Constitution proposed by a 
 Convention of the United States, who were not appointed for 
 the purpose of framing a new form of government, but whose 
 powers were expressly confined to altering and amending the 
 present articles of confederation. Therefore the members of 
 the continental Convention in proposing the plan acted as 
 individuals, and not as deputies from Pennsylvania.* The 
 assembly who called the State Convention acted as individ- 
 uals, and not as the legislature of Pennsylvania; nor could 
 they or the Convention chosen on their recommendation have 
 authority to do any act or thing that can alter or annihilate 
 the Constitution of Pennsylvania (both of which will be done 
 by the new Constitution), nor are their proceedings, in our 
 opinion, at all binding on the people. 
 
 The election for members of the Convention was held at so 
 early a period, and the want of information was so great, that 
 some of us did not know of it until after it was over, and we 
 
 * The continential Convention, in direct violation of the 13th article of the 
 confederation, have declared "that the ratification of nine States shall be 
 sufBcient for the establishment of this Constitution, between the States so 
 ratifying the same." Thus has the plighted faith of the States been sported 
 with ! They had solemnly engaged that the confederation now subsisting 
 should be inviolably preserved by each of them, and the Union thereby 
 formed should be perpetual, unless the same should be altered by mutual 
 consent. 
 
460 After the Convention Rose. 
 
 have reason to believe that great numbers of the people of 
 Pennsylvania have not yet had an opportunity of sufficiently 
 examining the proposed Constitution, We apprehexid that 
 no change can take place that will affect the internal govern- 
 ment or Constitution of this commonwealth, unless a majority 
 of the people should evidence a wish for such a change; but 
 on examining the number of votes given for members of the 
 present State Convention, we find that of upwards of seventy 
 thousand freemen who are entitled to vote in Pennsylvania, 
 the whole convention has been elected by about thirteen 
 thousand voters, and though two-thirds of the members of the 
 Convention have thought proper to ratify the proposed Con- 
 stitution, yet those two-thirds were elected by the votes of 
 only six thousand and eight hundred freemen. 
 
 In the city of Philadelphia and some of the eastern coun- 
 ties the junto that took the lead in the business agreed to 
 vote for none but such as would solemnly promise to adopt 
 the system in toio, without exercising their judgment. In 
 many of the counties the people did not attend the elections, 
 as they had not an opportunity of judging of the plan. 
 Others did not consider themselves bound by the call of a 
 set of men who assembled at the State-house in Philadelphia 
 and assumed the name of the legislature of Pennsylvania; 
 and some were prevented from voting by the violence of the 
 party who were determined at all events to force down the 
 measure. To such lengths did the tools of despotism carry 
 their outrage, that on the night of the election for members 
 of convention, in the city of Philadelphia, several of the sub- 
 scribers (being then in the city to transact your business) 
 were grossly abused, ill-treated and insulted while they were 
 quiet in their lodgings, though they did not interfere nor had 
 anything to do with the said election, but, as they apprehend, 
 because they were supposed to be adverse to the proposed 
 constitution, and would not tamely surrender those sacred 
 rights which you had committed to their charge. 
 
 The convention met, and the same disposition was soon 
 manifested in considering the proposed constitution, that had 
 been exhibited in every other stage of the business. We 
 
Reasons of Dissent of the Minority. 461 
 
 were prohibited by an express vote of the convention from 
 taking any questions on the separate articles of the plan, and 
 reduced to the necessity of adopting or rejecting in toto. 
 ] 'Tis true the majority permitted us to debate on each article, 
 but restrained us from proposing amendments. They also 
 determined not to permit us to enter on the minutes our rea- 
 sons of dissent against any of the articles, nor even on the 
 final question our reasons of dissent against the whole. Thus 
 situated we entered on the examination of the proposed sys- 
 tem of government, and found it to be such as we could not 
 adopt, without, as we conceived, surrendering up your dear- 
 est rights. We offered our objections to the convention, and 
 opposed those parts of the plan which, in our opinion, would 
 be injurious to you, in the best manner we were able; and 
 closed our arguments by offering the following propositions 
 to the convention. 
 
 1. The right of conscience shall be held inviolable; and 
 neither the legislative, executive nor judicial powers of the 
 United States shall have authority to alter, abrogate or in- 
 fringe any part of the constitution of the several States, which 
 provide for the preservation of liberty in matters of religion. 
 
 2. That in controversies respecting property, and in suits 
 between man and man, trial by jury shall remain as hereto- 
 fore, as well in the federal courts as in those of the several 
 States. 
 
 3. That in all capital and criminal prosecutions, a man has 
 a right to demand the cause and nature of his accusation, as 
 well in the federal courts as in those of the several States; to 
 be heard by himself and his counsel; to be confronted with 
 the accusers and witnesses ; to call for evidence in his favor, 
 and a speedy trial by an impartial jury of his vicinage, with- 
 out whose unanimous consent he cannot be found guilty, nor 
 can he be compelled to give evidence against himself; and, 
 that no man be deprived of his liberty, except by the law of 
 the land or jthe judgment of his peers. 
 
 4. That excessive bail ought not to be required, nor ex- 
 cessive fines imposed, nor cruel nor unusual punishments in- 
 flicted. 
 
462 After the Convention Rose. 
 
 5. That warrants unsupported by evidence, whereby any 
 officer or messenger may be commanded or required to search 
 suspected places; or to seize any person or persons, his or 
 their property not particularly described, are grievous and 
 oppressive, and shall not be granted either by the magistrates 
 of the federal government or others. 
 
 6. That the people have a right to the freedom of speech, 
 of writing and publishing their sentiments; therefore the 
 freedom of the press shall not be restrained by any law of the 
 United States. 
 
 7. That the people have a right to bear arms for the de- 
 fence of themselves and their own State or the United States, 
 or for the purpose of killing game; and no law shall be passed 
 for disarming the people or any of them unless for crimes 
 committed, or real danger of public injury from individuals; 
 and as standing armies in the time of peace are dangerous to 
 liberty, they ought not to be kept up; and that the military 
 shall be kept under strict subordination to, and be governed 
 by the civil powers. 
 
 8. The inhabitants of the several States shall have liberty 
 to fowl and hunt in seasonable time on the lands they hold, 
 and on all other lands in the United States not inclosed, and 
 in like manner to fish in all navigable waters, and others not 
 private property, without being restrained therein by any 
 laws to be passed by the legislature of the United States. 
 
 9. That no law shall be passed to restrain the legislatures 
 of the several States from enacting laws for imposing taxes, 
 except imposts and duties on goods imported or exported, and 
 that no taxes, except imposts and duties upon goods imported 
 and exported, and postage on letters, shall be levied by the 
 authority of Congress. 
 
 10. That the house of representatives be properly increased 
 in number; that elections shall remain free; that the several 
 States shall have power to regulate the elections for senators 
 and representatives, without being controlled either directly 
 or indirectly by any interference on the part of the Congress; 
 and that the elections of representatives be annual. 
 
 11. That the power of organizing, arming and disciplining 
 
Reasons of Dissent of the Minority. 463 
 
 the militia (the manner of disciplining the militia to be pre- 
 scribed by Congress), remain with the individual States, and 
 that Congress shall not have authority to call or march any 
 of the militia out of their own State, without the consent of 
 such State, and for such length of time only as such State 
 shall agree. 
 
 That the sovereignty, freedom and independency of the 
 several States shall be retained, and every power, jurisdiction 
 and right which is not by this Constitution expressly dele- 
 gated to the United States in Congress assembled. 
 
 13. That the legislative, executive and judicial powers be 
 kept separate; and to this end that a constitutional council be 
 appointed to advise and assist the President, who shall be 
 responsible for the advice they give — hereby the senators 
 would be relieved from almost constant attendance; and also 
 that the judges be made completely independent. 
 
 13. That no -treaty which shall be directly opposed to the 
 existing laws of the United States in Congress assembled, 
 shall be valid until such laws shall be repealed or made con- 
 formable to such treaty ; neither shall any treaties be valid 
 which are in contradiction to the Constitution of the United 
 States, or the constitution of the several States. 
 
 14. That the judiciary power of the United States shall be 
 be confined to cases affecting ambassadors, other public min- 
 isters and consuls, to cases of admiralty and maritime juris- 
 diction ; to controversies to which the United States shall be 
 a party; to controversies between two or more States — ^be- 
 tween a State and citizens of different States — between citi- 
 zens claiming lands under grants of different States, and 
 between a State or the citizens thereof and foreign States; 
 and in criminal cases to such only as are expressly enumer- 
 ated in the constitution; and that the United States in Con- 
 gress assembled shall not have power to enact laws which 
 shall alter the laws of descent and distribution of the effects 
 of deceased persons, the titles of lands or goods, or the regu- 
 lation of contracts in the individual States. 
 
 After reading these propositions, we declared our willing- 
 ness to agree to the plan, provided it was so amended as 
 
464 After the Convention Rose. 
 
 to meet those propositions or something similar to them, 
 and finally moved the convention to adjourn, to give the 
 people of Pennsylvania time to consider the subject and de- 
 termine for themselves; but these were all rejected and the 
 final vote taken, when our duty to you induced us to vote 
 against the proposed plan and to decline signing the ratifica- 
 tion of the same. 
 
 During the discussion we met with many insults and some 
 personal abuse. We were not even treated with decency, 
 during the sitting of the convention, by the persons in the 
 gallery of the house. However, we flatter ourselves that in 
 contending for the preservation of those invaluable rights 
 you have thought proper to commit to our charge, we acted 
 with a spirit becoming freemen ; and being desirous that you 
 might know the principles which actuated our conduct, and 
 being prohibited from inserting our reasons of dissent on the 
 minutes of the convention, we have subjoined them for your 
 consideration, as to you alone we are accountable. It re- 
 mains with you whether you will think those inestimable 
 privileges, which you have so ably contended for, should be 
 sacrificed at the shrine of despotism, or whether you mean to 
 contend for them with the same spirit that has so often 
 baffled the attempts of an aristocratic faction to rivet the 
 shackles of slavery on you and your unborn posterity. 
 
 Our objections are comprised under three general heads of 
 dissent, viz. : 
 
 We dissent, first, because it is the opinion of the most cele- 
 brated writers on government, and confirmed by uniform 
 experieuce, that a very extensive territory cannot be governed 
 on the principles of freedom, otherwise than by a confedera- 
 tion of republics, possessing all the powers of internal gov- 
 ernment, but united in the management of their general and 
 foreign concerns. 
 
 If any doubt could have been entertained of the truth of 
 the foregoing principle, it has been fully removed by the con- 
 cession oiMr. Wilson^ one of the majority on this question, and 
 who was one of the deputies in the late general convention. 
 In justice to him, we will give his own words; they are as 
 
Reasons of Dissent of the Minority. 465 
 
 follows, viz. : "The extent of country for which the new con- 
 stitution was required, produced another difficulty in the 
 business of the federal convention. It is the opinion of some 
 celebrated writers, that to a small territory, the democratical; 
 to a middling territory (as Montesquieu has termed it), the 
 monarchical; and to an extensive territory, the despotic form 
 of government is best adapted. Regarding then the wide 
 and almost unbounded jurisdiction of the United States, at 
 first view, the hand of despotism seemed necessary to control, 
 connect and protect it; and hence the chief embarrassment 
 rose. For we know that although our constituents would 
 cheerfully submit to the legislative restraints of a free govern- 
 ment, they would spurn at every attempt to shackle them 
 with despotic power." And again, in another part of his 
 speech, he continues : " Is it probable that the dissolution of 
 the State governments, and the establishment of one consoli- 
 dated empire would be eligible in its nature, and satisfactory 
 to the people in its administration ? I think not, as I have 
 given reasons to show that so extensive a territory could not 
 be governed, connected and preserved, but by the supremacy 
 of despotic power. All the exertions of the most potent em- 
 perors of Rome were not capable of keeping that empire 
 together, which in extent was far inferior to the dominion of 
 America. ' ' 
 
 We dissent, secondly, because the powers vested in Con- 
 gress by this constitution, must necessarily annihilate and 
 absorb the legislative, executive, and judicial powers of the 
 several States, and produce from their ruins one consolidated 
 government, which from the nature of things will be an iron 
 handed despotism^ as nothing short of the supremacy of des- 
 potic sway could connect and govern these United States 
 under one government. 
 
 As the truth of this position is of such decisive importance, 
 it ought to be fully investigated, and if it is founded to be 
 clearly ascertained; for, should it be demonstrated that the 
 powers vested by this constitution in Congress will have 
 such an effect as necessarily to produce one consolidated 
 government, the question then will be reduced to this short 
 30 
 
466 After the Convention Rose. 
 
 issue, viz.: whether satiated with the blessings of liberty, 
 whether repenting of the folly of so recently asserting their 
 unalienable rights against foreign despots at the expense of 
 so much blood and treasure, and such painful and arduous 
 struggles, the people of America are now willing to resign 
 every privilege of freemen, and submit to the dominion of an 
 absolute government that will embrace all America in one 
 chain of despotism; or whether they will, with virtuous in- 
 dignation, spurn at the shackles prepared for them, and con- 
 firm their liberties by a conduct becoming freemen. 
 
 That the new government will not be a confederacy of 
 States, as it ought, but one consolidated government, founded 
 upon the destruction of the several governments of the States, 
 we shall now show. 
 
 The powers of Congress under the new constitution are 
 complete and unlimited over the purse and the sword, and are 
 perfectly independent of and supreme over the State govern- 
 ments, whose intervention in these great points is entirely 
 destroyed. By virtue of their power of taxation. Congress 
 may command the whole or any part of the property of the 
 people. They may impose what imposts upon commerce, 
 they may impose what land taxes, poll taxes, excises, duties 
 on all written instruments and duties on every other article, 
 that they may judge proper; in short, every species of taxa- 
 tion, whether of an external or internal nature, is comprised 
 in section the eighth of article the first, viz. : 
 
 ' ' The Congress shall have power to lay and collect taxes, 
 duties, imposts, and excises, to pay the debts, and provide 
 for the common defence and general welfare of the United 
 States." 
 
 As there is no one article of taxation reserved to the State 
 governments, the Congress may monopolize every source of 
 revenue, and thus indirectly demolish the State governments, 
 for without funds they could not exist; the taxes, duties and 
 excises imposed by Congress may be so high as to render it 
 impracticable to levy farther sums on the same articles; but 
 whether this should be the case or not, if the State govern- 
 ments should p esume to impose taxes, duties or excises on 
 
Reasons of Dissent of the Minority. 467 
 
 the same articles with Congress, the latter may abrogate and 
 repeal the laws whereby they are imposed, upon the allega- 
 tion that they interfere with the due collection of their taxes, 
 duties or excises, by virtue of the following clause, part of 
 section eighth, article first, viz. : 
 
 "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 ofiicer thereof." 
 
 The Congress might gloss over this conduct by construing 
 every purpose for which the State legislatures now lay taxes, 
 to be for the '''■general welfare^'' ^ and therefore as of their 
 jurisdiction. 
 
 And the supremacy of the laws of the United States is 
 established by article sixth, viz. : ' ' That this constitution 
 and the laws of the United States which shall be made in 
 pursuance thereof, and all 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; anything in the constitution or laws of any 
 State to the contrary notwithstanding. ' ' It has been alleged 
 that the words "pursuant to the constitution," are a restric- 
 tion upon the authority of Congress; but when it is considered 
 that by other sections they are invested with every efficient 
 power of government, and which may be exercised to the 
 absolute destruction of the State governments, without any 
 violation of even the forms of the constitution, this seeming 
 restriction, as well as every other restriction in it, appears to 
 us to be nugatory and delusive; and only introduced as a 
 blind upon the real nature of the government. In our 
 opinion, "'pursuant to the constitution " will be co-extensive 
 with the will and pleasure of Congress, which, indeed, will 
 be the only limitation of their powers. 
 
 We apprehend that two co-ordinate sovereignties would be 
 a solecism in politics; that, therefore, as there is no line of 
 distinction drawn between the general and State govern- 
 ments, as the sphere of their jurisdiction is undefined, it 
 would be contrary to the nature of things that both should 
 
468 After the Convention Rose. 
 
 exist together — one or the other would necessarily triumph in 
 the fulness of dominion. However, the contest could not be 
 of long continuance, as the State governments are divested 
 of every means of defence, and will be obliged by ' ' the su- 
 preme law of the land ' ' to yield at discretion. 
 
 It has been objected to this total destruction of the State 
 governments that the existence of their legislatures is made 
 essential to the organization of Congress; that they must 
 assemble for the appointment of the senators and President- 
 general of the United States. True, the State legislatures 
 may be continued for some years, as boards of appointment 
 merely, after they are divested of every other function; but 
 the framers of the constitution, foreseeing that the people 
 will soon become disgusted with this solemn mockery of a 
 government without power and usefulness, have made a pro- 
 vision for relieving them from the imposition in section fourth 
 of article first, viz. : "The times, places and manner of hold- 
 ing elections for senators and representatives shall be pre- 
 scribed in each State by the legislature thereof ; but the Con- 
 gress may at any time by law m.ake or alter such regulations^ 
 except as to the place of choosing senators.^'' 
 
 As Congress have the control over the time of the appoint- 
 ment of the President-general, of the senators and of the rep- 
 resentatives of the United States, they may prolong their 
 existence in office for life by postponing the time of their 
 election and appointment from period to period under various 
 pretences, such as an apprehension of invasion, the factious 
 disposition of the people, or any other plausible pretence 
 that the occasion may suggest; and having thus obtained 
 life-estates in the government, they may fill up the vacancies 
 themselves by their control over the mode of appointment; 
 with this exception in regard to the senators that as the place 
 of appointment for them must, by the constitution, be in the 
 particular State, they may depute some body in the respec- 
 tive States, to fill up the vacancies in the senate, occasioned 
 by death, until they can venture to assume it themselves. 
 In this manner may the only restriction in this clause be 
 evaded. By virtue of the foregoing section, when the spirit 
 
Reasons of Dissent of the Minority. 469 
 
 of the people shall be gradually broken, when the general 
 government shall be firmly established, and when a numerous 
 standing army shall render opposition vain, the Congress 
 may complete the system of despotism, in renouncing all 
 dependence on the people by continuing themselves and 
 children in the government. 
 
 The celebrated Montesquieu^ in his Spirit of I^aws, vol. i. , 
 page 12, says, "That in a democracy there can be no exer- 
 cise of sovereignty, but by the suffrages of the people, which 
 are their will; now the sovereign's will is the sovereign him- 
 self — the laws, therefore, which establish the right of suffrage, 
 are fundamental to this government. In fact, it is as im- 
 portant to regulate in a republic in what manner, by whom, 
 and concerning what suffrages are to be given, as it is in a 
 monarchy to know who is the prince, and after what manner 
 he ought to govern. ' ' The time^ mode and place of the elec- 
 tion of representatives, senators and president-general of the 
 United States, ought not to be under the control of Congress, 
 but fundamentally ascertained and established. 
 
 The new Constitution, consistently with the plan of con- 
 solidation, contains no reservation of the rights and privileges 
 of the State governments, which was made in the confedera- 
 tion of the year 1778, by article the 2d, viz.: "That each 
 State retains its sovereignty, freedom and independence, and 
 every power, jurisdiction and right which is not by this con- 
 federation expressly delegated to the United States in Con- 
 gress assembled." 
 
 The legislative power vested in Congress by the foregoing 
 recited sections, is so unlimited in its nature, may be so com- 
 prehensive and boundless in its exercise, that this alone would 
 be amply suflScient to annihilate the State governments, and 
 swallow them up in the grand vortex of general empire. 
 
 The judicial powers vested in Congress are also so various 
 and extensive, that by legal ingenuity they may be extended 
 to every case, and thus absorb the State judiciaries; and when 
 we consider the decisive influence that a general judiciary 
 would have over the civil polity of the several States, we do 
 not hesitate to pronounce that this power, unaided by the 
 
470 After the Convention Rose. 
 
 legislative, would eflfect a consolidation of the States under 
 one government. 
 
 The powers of a court of equity, vested by this constitution 
 in the tribunals of Congress — powers which do not exist in 
 Pennsylvania, unless so far as they can be incorporated with 
 jury trial — would, in this State, greatly contribute to this 
 event. The rich and wealthy suitors would eagerly lay hold 
 of the infinate mazes,\perplexities and delays, which a court 
 of chancery, with the appellate powers of the Supreme Court 
 in fact as well as law would furnish him with, and thus the 
 poor man being plunged in the bottomless pit of legal discus- 
 sion, would drop his demand in despair. 
 
 In short, consolidation pervades the whole constitution. 
 It begins with an annunciation that such was the intention. 
 The main pillars of the fabric correspond with it, and the 
 concluding paragraph is a confirmation of it. The preamble 
 begins with the words, "We the people of the United 
 States, ' ' which is the style of a compact between individuals 
 entering into a state of society, and not that of a confedera- 
 tion of States. The other features of consolidation we have 
 before noticed. 
 
 Thus we have fully established the position, that the 
 powers vested by this constitution in Congi-ess will efiect a 
 consolidation of the States under one government, which 
 even the advocates of this constitution admit could not be 
 done without the sacrifice of all liberty. 
 
 3. We dissent, thirdly, because if it were practicable to 
 govern so extensive a territory as these United States in- 
 clude, on the plan of a consolidated government, consistent 
 with the principles of liberty and the happiness of the people, 
 yet the construction of this Constitution is not calculated to 
 attain the object; for independent of the nature of the case, 
 it would of itself necessarily produce a despotism, and that 
 not by the usual gradations, but with the celerity that has 
 hitherto only attended revolutions effected by the sword. 
 
 To establish the truth of this position, a cursory investiga- 
 tion of the principles and form of this constitution will suffice. 
 
 The first consideration that this review suggests, is the omis- 
 
Reasons of Dissent of the Minority. 471 
 
 sion of a Bill of Rights ascertaining and fundamentally es- 
 tablishing those unalienable and personal rights of men, with- 
 out the full, free and secure enjoyment of which there can be 
 no liberty, and over which it is not necessary for a good gov- 
 ernment to have the control— the principal of which are the 
 rig:hts of conscience, personal liberty by the clear and une- 
 quivocal establishment of the writ of habeas corpus^ jury trial 
 in criminal and civil cases, by an impartial jury of the vicin- 
 age or county, with the common law proceedings for the 
 safety of the accused in criminal prosecutions; and the liberty 
 of the press, that scourge of tyrants, and the grand bulwark 
 of every other liberty and privilege. The stipulations hereto- 
 fore made in favor of them in the State constitutions, are 
 entirely superseded by this Constitution. 
 
 The legislature of a free country should be so formed as to 
 have a competent knowledge of its constitutents, and enjoy 
 their confidence. To produce these essential requisites, the 
 representation ought to be fair, equal and sufficiently numer- 
 ous to possess the same interests, feelings, opinions and views 
 which the people themselves would possess, were they all 
 assembled ; and so numerous as to prevent bribery and undue 
 influence, and so responsible to the people, by frequent and 
 fair elections, as to prevent their neglecting or sacrificing the 
 views and interests of their constituents to their own pur- 
 suits. 
 
 We will now bring the legislature under this Constitution 
 to the test of the foregoing principles, which will demonstrate 
 that it is deficient in every essential quality of a just and safe 
 representation. 
 
 The House of Representatives is to consist of sixty-five 
 members; that is one for about every 50,000 inhabitants, to 
 be chosen every two years. Thirty-three members will form 
 a quorum for doing business, and seventeen of these, being 
 the majority, determine the sense of the house. 
 
 The Senate, the other constituent branch of the legislature, 
 consists of twenty-six members, being two from each State, 
 appointed by their legislatures every six years ; fourteen 
 senators make a quorum — the majority of whom, eight, de- 
 
472 After the Convention Rose. 
 
 termines the sense of tliat body, except in judging on im- 
 peachments, or in making treaties, or in expelling a member, 
 when two-thirds of the senators present must concur. 
 
 The president is to have the control over the enacting of 
 laws, so far as to make the concurrence of two-thirds of the 
 representatives and senators present necessary, if he should 
 object to the laws. 
 
 Thus it appears that the liberties, happiness, interests, and 
 great concerns of the whole United States, may be dependent 
 upon the integrity, virtue, wisdom, and knowledge of twenty- 
 five or twenty-six men. How unadequate and unsafe a 
 representation! Inadequate, because the sense and views of 
 three or four millions of people, diffused over so extensive a 
 territory, comprising such various climates, products, habits, 
 interests, and opinions, cannot be collected in so small a body; 
 and besides, it is not a fair and equal representation of the 
 people even in proportion to its number, for the smallest 
 State has as much weight in the Senate as the largest; and 
 from the smallness of the number to be chosen for both 
 branches of the legislature, and from the mode of election 
 and appointment, which is under the control of Congress, 
 and from the nature of the thing, men of the most elevated 
 rank in life will alone be chosen. The other orders in the 
 society, such as farmers, traders, and mechanics, who all 
 ought to have a competent number of their best informed 
 men in the legislature, shall be totally unrepresented. 
 
 The representation is unsafe, because in the exercise of 
 such great powers and trusts, it is so exposed to corruption 
 and undue influence, by the gift of the numerous places of 
 honor and emolument at the disposal of the executive, by 
 the arts and address of the great and designing, and by 
 direct bribery. 
 
 The representation is moreover inadequate and unsafe, be- 
 cause of the long terms for which it is appointed, and the 
 mode of its appointment, by which Congress may not only 
 control the choice of the people, but may so manage as to 
 divest the people of this fundamental right, and become self- 
 elected. 
 
Reasons of Dissent of the Minority. 473 
 
 The number of members in the House of Representatives 
 may be increased to one for every 30,000 inhabitants. But 
 when we consider that this cannot be done without the con- 
 sent of the Senate, who from their share in the legislative, in 
 the executive, and judicial departments, and permanency of 
 appointment, will be the great efficient body in this govern- 
 ment, and whose weight and predominancy would be 
 abridged by an increase of the representatives, we are per- 
 suaded that this is a circumstance that cannot be expected. 
 On the contrary, the number of representatives will probably 
 be continued at sixty-five, although the population of the 
 country may swell to treble what it now is, unless a revolu- 
 tion should eflFect a change. 
 
 We have before noticed the judicial power as it would 
 affect a consolidation of the States into one government; we 
 will now examine it as it would affect the liberties and wel- 
 fare of the people, supposing such a government were prac- 
 ticable and proper. 
 
 The judicial power, under the proposed constitution, is 
 founded on well-known principles of the civil law, by which 
 the judge determines both on law and fact, and appeals are 
 allowed from the inferior tribunals to the superior, upon the 
 whole question; so that facts as well as law, would be re- 
 examined, and even new facts brought forward in the court of 
 appeals; and to use the words of a very eminent civilian — 
 "The cause is many times another thing before the court of 
 appeals, than what it was at the time of the first sentence. ' ' 
 That this mode of proceeding is the one which must be 
 adopted under this constitution, is evident from the following 
 circumstances: ist. That the trial by jury, which is the 
 grand characteristic of the common law, is secured by the 
 constitution only in criminal cases. 2d. That the appeal 
 from both law and fact is expressly established, which is 
 utterly inconsistent with the principles of the common law 
 and trials by jury. The only mode in which an appeal from 
 law and fact can be established, is by adopting the principles 
 and practice of the civil law, unless the United States should 
 be drawn into the absurdity of calling and swearing juries, 
 
474 After the Convention Rose. 
 
 merely for the purpose of contradicting their verdicts, which 
 would render juries contemptible and worse than useless. 3d. 
 That the courts to be established would decide on all cases oj 
 law and equity^ which is a well-known characteristic of the 
 civil law, and these courts would have conusance not only of 
 the laws of the United States, and of treaties, and of cases 
 affecting ambassadors, but of all cases of admiralty and mari- 
 time jurisdiction^ which last are matters belonging exclusively 
 to the civil law, in every nation in Christendom. 
 
 Not to enlarge upon the loss of the invaluable right of trial 
 by an unbiased jury, so dear to every friend of liberty, the 
 monstrous expense and inconveniences of the mode of pro- 
 ceeding to be adopted, are such as will prove intolerable to 
 the people of this country. The lengthy proceedings of the 
 civil law courts in the chancery of England, and in the 
 courts of Scotland and France, are such that few men of 
 moderate fortune can endure the expense of; the poor man 
 must therefore submit to the wealthy. Length of purse will 
 too often prevail against right and justice. For instance, we 
 are told by the learned Judge Blackstone^ that a question only 
 on the property of an ox, of the value of .three guineas, origi- 
 nating under the civil law proceedings in Scotland, after 
 many interlocutory orders and sentences below, was carried 
 at length from the court of sessions, the highest court in that 
 part of Great Britain, by way of appeal to the House of Lords, 
 where the question of law and fact was finally determined. 
 He adds, that no pique or spirit could in the court of king's 
 bench or common pleas at Westminster, have given con- 
 tinuance to such a cause for a tenth part of the time, nor 
 have cost a twentieth part of the expense. Yet the costs in 
 the courts of king's bench and common pleas in England, 
 are infinitely greater than those which the people of this 
 country have ever experienced. We abhor the idea of losing 
 the transcendent privilege of trial by jury, with the loss of 
 which, it is remarked by the same learned author, that in 
 Sweden, the liberties of the commons were extinguished by 
 an aristocratic Senate; and that trial by jury and the liberty 
 of the people went out together. At the same time we regret 
 
Beasons of Dissent of the Minority. 475 
 
 the intol^able delay, the enormous expense, and infinite 
 vexation, ta which the people of this country will be exposed 
 from the volumnious proceedings of the courts of civil law, 
 and especially from the appellate jurisdiction, by means of 
 which a man may be drawn from the utmost boundaries of 
 this extensive country to the seat of the Supreme Court of 
 the nation to contend, perhaps, with a wealthy and powerful 
 adversary. The consequence of this establishment will be an 
 absolute confirmation of the power of aristocratical influence 
 in the courts of justice; for the common people will not be 
 able to contend or struggle against it. 
 
 Trial by jury in criminal cases may also be excluded by 
 declaring that the libeller for instance shall be liable to an 
 action of debt for a specified sum, thus evading the common 
 law prosecution by indictment and trial by jury. And the 
 common course of proceeding against a ship for breach of 
 revenue laws by informa (which will be classed among civil 
 causes) will at the civil law be within the resort of a court, 
 where no jury intervenes. Besides, the benefit of jury trial, 
 in cases of a criminal nature, which cannot be evaded, will be 
 rendered of little value, by calling the accused to answer far 
 from home; there being no provision that the trial be by a 
 jury of the neighborhood or country. Thus an inhabitant 
 of Pittsburgh, on a charge of crime committed on the banks 
 of the Ohio, may be obliged to defend himself at the side of 
 the Delaware, and so vice versa. To conclude this head: we 
 observe that the judges of the courts of Congress would not 
 be independent, as they are not debarred from holding other 
 ofl&ces, during the pleasure of the President and Senate, and 
 as they may derive their support in part from fees, alterable 
 by the legislature. 
 
 The next consideration that the constitution presents, is 
 the undue and dangerous mixture of the powers of govern- 
 ment; the same body possessing legislative, executive and 
 judicial powers. The Senate is a constituent branch of the 
 legislature, it has judicial power in judging on impeachments, 
 and in this case unites in some measure the characters of 
 judge and party, as all the principal ofiScers are appointed by 
 
476 After the Convention Rose. 
 
 the president-general, with the concurrence of the Senate, 
 and therefore they derive their offices in part from the Senate. 
 This may bias the judgments of the senators, and tend to 
 screen great delinquents from punishment. And the Senate 
 has, moreover, various and great executive powers, viz., in 
 concurrence with the president-general, they form treaties 
 with foreign nations, that may control and abrogate the con- 
 stitutions and laws of the several States. Indeed, there is no 
 power, privilege or liberty of the State governments, or of the 
 people, but what may be affected by virtue of this power. 
 For all treaties, made by them, are to be the "supreme law 
 of the land; anything in the constitution or laws of any State, 
 to the contrary notwithstanding." 
 
 And this great power may be exercised by the President 
 and ten senators (being two-thirds of fourteen, which is a 
 quorum of that body). What an inducement would this offer 
 to the ministers of foreign powers to compass by bribery 
 such concessions as could not otherwise be obtained. It is the 
 unvaried usage of all free States, whenever treaties interfere 
 with the positive laws of the land, to make the intervention 
 of the legislature necessary to give them operation. This be- 
 came necessary, and was afforded by the parliament of Great 
 Britain, in consequence of the late commercial treaty between 
 that kingdom and France. As the Senate judges on impeach- 
 ments, who is to try the members of the Senate for the abuse 
 of this power! And none of the great appointments to office 
 can be made without the consent of the Senate. 
 
 Such various, extensive, and important powers combined 
 in one body of men, are inconsistent with all freedom; the 
 celebrated Montesquieu tells us, that "when the legislative 
 and executive powers are united in the same person, or in 
 the same body of magistrates, there can be no liberty, be- 
 cause apprehensions may arise, lest the same monarch or 
 senate should enact tyrannical laws, to execute them in a 
 tyrannical manner." 
 
 "Again, there is no liberty, if the power of judging be not 
 separated from the legislative and executive powers. Were 
 it joined with the legislative, the life and liberty of the sub- 
 
Reasons of Dissent of tke Minority. 477 
 
 ject would be exposed to arbitrary control; for the judge 
 would then be legislator. Were it joined to the executive 
 power, the judge might behave with all the violence of an 
 oppressor. There would be an end of everything, were the 
 same man, or the same body of the nobles, or of the people, 
 to exercise those three powers; that of enacting laws, that 
 of executing the public resolutions, and that of judging the 
 crimes or differences of individuals." 
 
 The president general is dangerously connected with the 
 senate; his coincidence with the views of the ruling junto in 
 that body, is made essential to his weight and importance in 
 the government, which will destroy all independency and 
 purity in the executive department; and having the power of 
 pardoning without the concurrence of a council, he may 
 screen from punishment the most treasonable attempts that 
 may be made on the liberties of the people, when instigated 
 by his coadjutors in the senate. Instead of Ijhis dangerous 
 and improper mixture of the executive with the legislative 
 and judicial, the supreme executive powers ought to have 
 been placed in the president, with a small independent coun- 
 cil, made personally responsible for every appointment to 
 office or other act, by having their opinions recorded; and 
 that without the concurrence of the majority of the quorum 
 of this council, the president should not be capable of taking 
 any step. 
 
 We have before considered internal taxation as it would 
 effect the destruction of the State governments, and produce 
 one consolidated government. We will now consider that 
 subject as it affects the personal concerns of the people. 
 
 The power of direct taxation applies to every individual, 
 as Congress, under this government, is expressly vested with 
 the authority of laying a capitation or poll tax upon every 
 person to any amount. This is a tax that, however oppres- 
 sive in its nature, and unequal in its operation, is certain 
 as to its produce and simple in its collection; it cannot 
 be evaded like the objects of imposts or excise, and will be 
 paid, because all that a man hath will he give for his head. 
 This tax is so congenial to the nature of despotism, that it 
 
478 After the Convention Rose. 
 
 has ever been a favorite under such governments. Some of 
 those who were in the late general convention from this 
 State, have labored to introduce a poll tax among us. 
 
 The power of direct taxation will further apply to every 
 individual, as Congress may tax land, cattle, trades, occupa- 
 tions, etc., to any amount, and every object of internal tax- 
 ation is of that nature that however oppressive, the people 
 will have but this alternative, either to pay the tax or let 
 their property be taken, for all resistance will be vain. The 
 standing army and select militia would enforce the collection. 
 
 For the moderate exercise of this power, there is no con- 
 trol left in the State governments, whose intervention is 
 destroyed. No relief, or redress of grievances, can be ex- 
 tended as heretofore by them. There is not even a declara- 
 tion of Rights to which the people may appeal for the 
 vindication of their wrongs in the court of justice. They 
 must therefore, implicitly obey the most arbitrary laws, as 
 the most of them will be pursuant to the principles and form 
 of the constitution, and that strongest of all checks upon the 
 conduct of administration, responsibility to the people^ will not 
 exist in this government. The permanency of the appoint- 
 ments of senators and representatives, and the control the 
 congress have over their election, will place them independ- 
 ent of the sentiments and resentment of the people, and the 
 administration having a greater interest in the government 
 than in the community, there will be no consideration to re- 
 strain them from oppression and tyranny. In the govern- 
 ment of this State, under the old confederation, the members 
 of the legislature are taken from among the people, and their 
 interests and welfare are so inseparably connected with those 
 of their constituents, that they can derive no advantage from 
 oppressive laws and taxes; for they would suflFer in common 
 with their fellow-citizens, would participate in the burthens 
 they impose on the community, as they must return to the 
 common level, after a short period; and notwithstanding 
 every exertion of influence, every means of corruption, a 
 necessary rotation excludes them from permanency in the 
 legislature. 
 
Reasons of Dissent of the Minority. 479 
 
 This large State is to have but ten members in that Con- 
 gress which is to have the liberty, property and dearest con- 
 cerns of every individual in this vast country at absolute 
 command, and even these ten persons, who are to be our only 
 guardians, who are to supersede the legislature of Pennsyl- 
 vania, will not be of the choice of the people, nor amenable 
 to them. From the mode of their election and appointment 
 they will consist of the lordly and high minded; of men who 
 will have no congenial feelings with the people, but a perfect 
 indifference for, and contempt of them ; they will consist of 
 those harpies of power that prey upon the very vitals, that 
 riot on the miseries of the community. But we will suppose, 
 although in all probability it may never be realized in fact, 
 that our deputies in Congress have the welfare of their con- 
 stituents at heart, and will exert themselves in their behalf, 
 what security could even this afford ? what relief could they 
 extend to their oppressed constitutents ? To attain this, the 
 majority of the deputies of the twelve other States in Congress 
 must be alike well disposed ; must alike forego the sweets of 
 power, and relinquish the pursuits of ambition, which, from 
 the nature of things, is not to be expected. If the people 
 part with a responsible representation in the legislature, 
 founded upon fair, certain and frequent elections, they have 
 nothing left they can call their own. Miserable is the lot of 
 that people whose every concern depends on the will and 
 pleasure of their rulers. Our soldiers will become Janissaries, 
 and our officers of government Bashaws ; in short, the system 
 of despotism will soon be completed. 
 
 From the foregoing investigation, it appears that the Con- 
 gress under this constitution will not possess the confidence 
 of the people, which is an essential requisite in a good gov- 
 ernment; for unless the laws command the confidence and 
 respect of the great body of the people, so as to induce them 
 to support them when called on by the civil magistrate, they 
 must be executed by the aid of a numerous standing army, 
 which would be inconsistent with every idea of liberty; for 
 the same force that may be employed to compel obedience to 
 good laws, might and probably would be used to wrest from 
 
480 After the Convention Rose. 
 
 the people tlieir constitutional liberties. The framers of this 
 constitution appear to have been aware of this great defic- 
 iency — to have been sensible that no dependence could be 
 placed on the people for their support: but on the contrary, 
 that the government must be executed by force. They have 
 therefore made a provision for this purpose in a permanent 
 standing army and a militia that may be objected to as strict 
 discipline and government. 
 
 A standing army in the hands of a government placed so 
 independent of the people, may be made a fatal instrument to 
 overturn the public liberties; it may be employed to enforce 
 the collection of the most oppressive taxes, and to carry into 
 execution the most arbitrary measures. An ambitious man 
 who may have the army at his devotion, may step up into 
 the throne, and seize upon absolute power. 
 
 The absolute unqualified command that Congress have 
 over the militia may be made instrumental to the destruction 
 of all liberty, both public and private; whether of a personal,, 
 civil or religious nature. 
 
 First, the personal liberty of every man, probably from six- 
 teen to sixty years of age, may be destroyed by the power 
 Congress have in organizing and governing of the militia. 
 As militia they may be subjected to fines to any amount, 
 levied in a military manner; they may be subjected to cor- 
 poral punishments of the most disgraceful and humiliating 
 kind; and to death itself, by the sentence of a court martial. 
 To this our young men will be more immediately subjected, 
 as a select militia, composed of them, will best answer the 
 purposes of government. 
 
 Secondly, the rights of conscience may be violated, as 
 there is no exemption of those persons who are conscienti- 
 ously scrupulous of bearing arras. These compose a respect- 
 able proportion of the community in the State. This is the 
 more remarkable, because even when the distresses of the late 
 war, and the evident disaffection of many citizens of that 
 description, inflamed our passions, and when every person 
 who was obliged to risk his own life, must have been exas- 
 perated against such as on any account kept back from the 
 
Reasons of Dissent of the Minority. 481 
 
 common danger, yet even then, when outrage and violence 
 might have been expected, the rights of conscience were held 
 sacred. 
 
 At this momentous crisis, the framers of our State Consti- 
 tution made the most express and decided declaration and 
 stipulations in favor of the rights of conscience; but now, 
 when no necessity exists, those dearest rights of men are left 
 insecure. 
 
 Thirdly, the absolute command of Congress over the mil- 
 itia may be destructive of public liberty; for under the 
 guidance of an arbitrary government, they may be made the 
 unwilling instruments of tyranny. The militia of Pennsyl- 
 vania may be marched to New England or Virginia to quell 
 an insurrection occasioned by the most galling oppression, 
 and aided by the standing army, they will no doubt be suc- 
 cessful in subduing their liberty and independency; but in so 
 doing, although the magnanimity of their minds will be 
 extinguished, yet the meaner passions of resentment and 
 revenge will be increased, and these in turn will be the ready 
 and obedient instruments of despotism to enslave the others; 
 and that with an irritated vengeance. Thus may the militia 
 be made the instruments of crushing the last efforts of ex- 
 piring liberty, of riveting the chains of despotism on their 
 fellow-citizens, and on one another. This power can be 
 exercised not only without violating the Constitution, but in 
 strict conformity with it; it is calculated for this express pur- 
 pose, and will doubtless be executed accordingly. 
 
 As this government will not enjoy the confidence of the 
 people, but be executed by force, it will be a very expensive 
 and burthensome government. The standing army must be 
 numerous, and as a further support, it will be the policy of 
 this government to multiply ofiicers in every department; 
 judges, collectors, tax-gatherers, excisemen and the whole 
 host of revenue officers, will swarm over the land, devouring 
 the hard earnings of the industrious — like the locusts of old, 
 impoverishing and desolating all before them. 
 
 We have not noticed the smaller, nor many of the consid- 
 erable blemishes, but have confined our objections to the 
 31 
 
483 
 
 After the Convention Rose. 
 
 great and essential defects, the main pillars of the constitu- 
 tion ; which we have shown to be inconsistent with the lib- 
 erty and happiness of the people, as its establishment will 
 annihilate the State governments, and produce one consoli- 
 dated government that will eventually and speedily issue in 
 the supremacy of despotism. 
 
 In this investigation we have not confined our views to the 
 interests or welfare of this State, in preference to the others. 
 We have overlooked all local circumstances — we have consid- 
 ered this subject on the broad scale of the general good; we 
 have asserted the cause of the present and future ages — the 
 cause of liberty and mankind. 
 
 Nathaniel Breading, 
 John Smilie, 
 Richard Bard, 
 Adam Orth, 
 John A. Hannah, 
 John Whitehill, 
 John Harris, 
 Robert Whitehill, 
 John Reynolds, 
 Jonathan Hoge, 
 
 John lyudwig, 
 Abraham I/incoln, 
 John Bishop, 
 Joseph Hiester, 
 Joseph Powell, 
 James Martin, 
 William Findley, 
 John Baird, 
 James Edgar, 
 William Todd. 
 
 Nicholas L,utz, 
 The yeas and nays upon the final vote were as follows, viz. 
 
 Yeas. 
 George Latimer, 
 Benjamin Rush, 
 Hilary Baker, 
 James Wilson, 
 Thomas M'Kean, 
 William Macpherson, 
 John Hunn, 
 George Gray, 
 Samuel Ashmead, 
 Enoch Edwards, 
 Henry Wynkoop, 
 Sebastian Graff, 
 John Hubley, 
 
 Yeas. 
 John Barclay, 
 Thomas Yardley, 
 Abraham Stout, 
 Thomas Bull, 
 Anthony Wayne, 
 William Gibbons, 
 Richard Downing, 
 Thomas Cheyney, 
 John Hannum, 
 Stephen Chambers, 
 Robert Coleman, 
 David Deshler, 
 William Wilson, 
 
Reasons of Dissent of the Minority. 
 
 483 
 
 Jasper Yeates, 
 Henry Slagle, 
 Thomas Campbell, 
 Thomas Hartley, 
 David Grier, 
 John Black, 
 Benjamin Pedan, 
 John Arndt, 
 Stephen Balliet, 
 Joseph Horsfield, 
 
 Nays. 
 John Whitehill, 
 John Harris, 
 John Reynolds, 
 Robert Whitehill, 
 Jonathan Hoge, 
 Nicholas I^utz, 
 John I/udwig, 
 Abraham Lincoln, 
 John Bishop, 
 Joseph Hiester, 
 James Martin, 
 
 John Boyd, 
 Thomas Scott, 
 John Neville, 
 John Allison, 
 Jonathan Roberts, 
 John Richards, 
 F. A. Muhlenberg, 
 James Morris, 
 Timothy Pickering, 
 Benjamin Elliott. 
 
 Nays. 
 William Findley, 
 John Baird, 
 William Todd, 
 James Marshel, - 
 James Edgar, 
 Nathaniel Breading, 
 John Smilie, 
 Richard Bard, 
 William Brown, 
 Adam Orth, 
 John Andre Hannah. 
 
 Joseph Powell, 
 
 Philadelphia December 12, I'/Sf 
 
 [The example thus set by the minority was quickly fol- 
 lowed by individual members, of the majority. No sooner 
 did they reach their homes than they too made appeals to 
 their constituents under the form of reports to county meet- 
 ings. The earliest of these was made at Baston, ] 
 
 Philadelphia, fanuary 7. * 
 
 At a meeting of sundry respectable inhabitants of the 
 county of Northampton, held at Easton, the twentieth day 
 of December, 1787. 
 
 Alexander Patterson, Esq. in the chair. 
 
 The meeting took into consideration the report made to 
 the people of this county by their deputies to the State Con- 
 vention. Whereupon 
 
 * Independent Gazetteer, Jan. 7, 1788. 
 
484 After the Convention Rose. 
 
 Resolved unanimously^ First. That we highly approve of 
 the conduct of our deputies, in assenting to and ratifying the 
 Constitution of the United States, as proposed by the late 
 Federal Convention. 
 
 Second. That the chairman be requested to return our 
 hearty thanks to the said deputies, for the patriotism, public 
 spirit and faithful discharge of their duty, as representatives 
 of this county. 
 
 Third. That their report, together with these resolutions, 
 be transmitted by the chairman to Philadelphia, for publica- 
 tion. Signed, by order of the meeting, 
 
 Alexander Patterson, Chairman. 
 
 Attest, James Pettigrew, Secretary. 
 
 Friends and Fellow- citizens of Northampton county. 
 
 The representatives of this county in the late convention 
 of this State, think it their duty, as servants of the public, to 
 lay before you, their constituents, the result of their deliber- 
 ations upon the new Constitution for the United States, sub- 
 mitted to their consideration by a resolve of the legislature 
 for calling a State Convention. 
 
 The debates at large we have reason to expect will be pub- 
 lished, wherein those whose inclination may lead them to it, 
 will find a detail of all the arguments made use of either for 
 or against the adoption of the constitution. Our intention, 
 therefore, is not to enter fully into an investigation of the 
 component parts of it, but only to inform our constituents 
 that it has been carefully examined in all its parts; that 
 every objection that could be offered to it has been heard and 
 attended to; and that upon mature deliberation, two- thirds of 
 the whole, number of deputies from the city and counties of 
 this State, in the name and by the authority of the people of 
 this State, fully ratified it, upon the most clear conviction: 
 
 ist. That the state of America required a concentration 
 and union of the powers of government for all general pur- 
 poses of the United States. 
 
 2d. That the constitution proposed by the late convention 
 of the United States, held at Philadelphia, was the best form 
 that could be devised and agreed upon. 
 
Northampton County Approves the Constitution. 485 
 
 3d. That such a constitution will enable the representatives 
 of the different States in the Union to restore the commerce 
 of all the States in general, and this in particular, to its 
 former prosperity. 
 
 4th. That by a diminution of taxes upon real estates, agri- 
 culture may be encouraged, and the prices of lands, which 
 have of late greatly declined, will be increased to their for- 
 mer value. 
 
 5th. That by imposing duties on foreign luxuries, not only 
 arts and manufactures will be encouraged in our own country; 
 but the public creditors of this State and the United States 
 will be rendered secure in their demands, without any per- 
 ceptible burthen on the people. 
 
 6th. That all disputes which might otherwise arise, con- 
 cerning territory or jurisdiction, between neighboring States, 
 will be settled in the ordinary mode of distributing justice, 
 without war or bloodshed. 
 
 7th. That the support of government will be less expensive 
 than under the present constitutions of the different States. 
 
 8th. That all partial laws of any particular State for the 
 defeating contracts between parties, or rendering the com- 
 pliance therewith on one part easier than was originally 
 intended, and fraudulent to the other party, are effectually 
 provided against, by a prohibition of paper money and tender 
 laws; and 
 
 9th. That peace, liberty, and safety, the great objects for 
 which the late United Colonies, now free independent States, 
 expended so much blood and treasure, can only be secured by 
 such an union of interests as this constitution has provided for. 
 
 In full confidence that our unanimous conviction and con- 
 currence in favor of this constitution will meet the entire 
 approbation of our constituents, the freemen and citizens of 
 this county, we have the honor to subscribe ourselves. 
 
 Their devoted servants, 
 
 John Arndt, 
 Stephen Balliet, 
 
 Jos. HORSElEIvD, 
 
 David Deshi^er. 
 Baston^ December 20, i^Sy. 
 
486 After the Convention Rose. 
 
 [A similar meeting held at Carlisle a week later was the 
 cause of a serious riot; described by a writer in the Indepen- 
 dent Gazetteer.] 
 
 Mr. Oswald: As you may perhaps have heard of an afifray 
 which happened in this town, I send you the particulars: — 
 On Wednesday the 26th of December last, a number of per- 
 sons here, much in love with the new Constitution, formed a 
 plan of rejoicing on account of its adoption by this State; 
 they kept their purpose a profound secret from the rest of 
 the inhabitants (who they knew were of a different opinion) 
 until near night, at which time a cannon was brought from 
 the public magazine, placed in the centre of the square, a 
 drum beat and the bell rung; this collected a vast concourse 
 of people, and a report having been propagated that whoever 
 did not illuminate their windows would have them broke in 
 pieces. This alarmed the people very much, who asked the 
 rejoicers what they intended, and why they placed a cannon 
 there at that time; they answered, it was to express their 
 approbation of the adoption of the federal Constitution; they 
 were then asked why they attempted to do so without calling 
 a town meeting, to take the sense of the people on the subject. 
 They replied that such as did not like it might let it alone — 
 that they were determined, in spite of all opposition, to fire 
 that cannon, and swearing most tremendously, if they would 
 not clear the way, they would fire it through their bodies. A 
 smart altercation now took place between both parties, when 
 a number of barrels which had been piled for the bonfire, were 
 thrown down; this provoked some of the most violent of the 
 rejoicers to lay about them most unmercifully with such 
 weapons as they were provided with, but the people defended 
 themselves so well, and aimed their blows so successfully, 
 that it soon converted the intended joy into mourning — the 
 most forward of the rejoicing party were either carried off, or 
 ran with the greatest precipitation, not caring longer to face 
 the hardy cuffs of their enranged opponents, who they knew 
 would pay no respect to their rank, nor make any allowance 
 for their delicate constitutions; I assure you it was laughable 
 to see lawyers, doctors, colonels, captains, etc., etc., leave 
 
Riot at Carlisle. 487 
 
 the scene of their rejoicing in such haste, and run some one 
 way and some another, so that in about three minutes from 
 the first commencement of the battle, there was not one of the 
 rejoicing party to be seen on the ground, except a few who 
 skulked in the dark, in order to collect what they could hear, 
 with a view of appearing as evidences on a future -day. 
 
 When the fray was over, the rejoicing took a new turn; the 
 fragments of the broken barrels were collected, piled and set 
 fire to; the new constitution was then produced and commit- 
 ted to the flames, by the hands of the executor of the law, 
 amidst the loudest acclamations, then followed three cheers 
 in honor of the dissenting minority of twenty-three in the 
 State convention. Immediately after this (the people having 
 mostly dispersed) some fellows whom the rejoicers had em- 
 ployed to assist them in working the cannon (but who 
 deserted their cause when they saw them defeated) went so 
 far as to burn the carriage and every part of the cannon- 
 mounting that would burn, contrary to the express prohibi- 
 tion of such of the people as were then present, but now too 
 few to prevent the rabble, at the head of whom was one Ryan, 
 a late wheelbarrow convict, whom the rejoicers had employed 
 to work the cannon for them: he swore (when desired to de- 
 sist and not destroy the carriage) that first he would burn one 
 side of the cannon, and then turn it like a po-ta-tee, for he 
 was captain now. 
 
 Next day at noon the rejoicers collected a number of men 
 with fire-arms and ammunition, in order (as they expressed 
 it) to rejoice at the risk of their lives; they fired a few rounds, 
 but on hearing the people's drum beat to arms, they dis- 
 persed, appointing to meet at two o'clock, to finish their 
 rejoicings: this, however, they prudently declined. Now in 
 their turn the people met, and having dressed up the effigies 
 of two of the most noted partisans and promoters of the new 
 constitution, after carrying them in procession through the 
 principal streets of the town, to the funeral pile which was 
 burning in the square for their reception, committed them 
 to the flames, with an indignation suitable to the opinion 
 they entertained of men who could endeavor to undermine 
 
488 After the Convention Rose. 
 
 the liberties of their country. From the first appearance of 
 the effigies the dead bell tolled until they were totally con- 
 sumed to ashes: this ended the exercises of the day; however, 
 the lawyers are like to make something by the matter — the 
 rejoicers swear they will be avenged, they have summoned a 
 long train of evidences before a justice who they think 
 favors their party, and are endeavoring to injure a number of 
 respectable characters among the people; who in their turn 
 have it amply in their power to retaliate, but will only act 
 agreeably to the laws of their country, the nod of the great 
 not being yet the supreme law of the land. 
 
 One op the People. 
 Carlisle, January i, 1788.* 
 
 Carlisle^ January 2. 
 
 As the riot on Wednesday last, and the burning of the 
 effigies of two of the most distinguished characters in the 
 State, in the public streets of Carlisle, by a mob on Thursday, 
 has already made a considerable noise in the county, an im- 
 partial spectator, desirous of furnishing the public with a just 
 and true state of facts, to enable them to form a proper judg- 
 ment of the conduct of the parties concerned, begs leave to 
 lay before them the following representation, for the truth of 
 which he pledges himself, and which will appear by the 
 depositions of a cloud of reputable and respectable witnesses, 
 in the possession of John Agnew, esq. 
 
 About five o'clock on Wednesday afternoon, public notice 
 being given by ringing the bell and beating the drum, a 
 number of persons met at the public square, to testify their 
 approbation of the proceedings of the late convention, in the 
 most decent and orderly manner. A piece of artillery having 
 been brought to the ground, and materials collected for a 
 bonfire, a number of men armed with bludgeons, came in 
 regular order from one quarter of the town, while others 
 sallied forth from difierent streets armed in the same manner. 
 Major James A. Wilson (having been appointed with two 
 other gentlemen, to make the necessary arrangements for the 
 occasion) was preparing to have the gun loaded, when he was 
 * Independent Gazetteer, Feb. 7, 1788. 
 
Riot at Carlisle. 489 
 
 ordered by many of the armed party to desist, and many 
 threats thrown out against any person who would attempt to 
 kindle the bonfire; to which the Major replied, that those 
 who were not disposed to rejoice, might withdraw; and that 
 he hoped, people so pregnant with poverty as they appeared 
 to be, would not wish to hinder their neighbors from show- 
 ing marks of joy, when they were pleased. Immediately 
 after a number of barrels and staves were thrown at him, one 
 of which struck him on the breast; he then sprung forward 
 to the persons who threw at him, and struck one of them 
 with a small pine stick, to which a piece of pitch rope was 
 fixed ; he was then beat down by a number of blows from six 
 or seven persons with bludgeons, who continued beating him 
 after he fell. They would have taken his life had not a 
 trusty old soldier thrown himself on the Major, and received 
 the blows aimed at him. A general confusion took place. 
 Mr. Robert Miller, jun, was attacked by a person who with 
 both hands wielded a massy bludgeon, and while he was 
 engaged with the first, received several blows from one who 
 stood behind him. The persons met for the purpose of the 
 celebration, altogether unprepared for such an assault (being 
 even without walking canes) were forced to return. The 
 armed party having accomplished their premeditated designs 
 of preventing the public rejoicing, proceeded to spike the 
 cannon, and having made a large fire, committed to the 
 flames the cannon and its carriage, together with a sledge on 
 which it had been drawn to the ground. They then sent for 
 an almanac containing the Federal Constitution, which was 
 formally burned. Loud huzzas were repeated, with "Damna- 
 tion to the 46 members, and long live the virtuous 23." 
 
 On Thursday at 12 o'clock, I understood that the friends 
 to government intended to carry into execution the resolution 
 of the celebration of the event from which, the evening be- 
 fore they had been so violently prevented. I went to the 
 place, found them, at the court house armed chiefly with musk- 
 ets and bayonets; they discovered every pacific disposition, 
 but at the same time the most determined resolution to repel, 
 at the risk of their lives, any attack which might be made on 
 
490 After the Convention Rose. 
 
 them. A bonfire was made, and the ratification of the con- 
 stitution by this State was read, accompanied by the acclama- 
 tions of all the people present, repeated volleys of musketry 
 and firing of cannon. 
 
 I cannot help giving my praise to the good order and cool- 
 ness and determined spirit with which the business was con- 
 ducted, although the mob made their appearance in several 
 places, armed with guns and bludgeons, and even came close 
 to where the federalists were firing the cannon, and used 
 threatening language, which was treated with every possible 
 contempt, and no violence offered to them. The federalists 
 remained two hours on the ground, testified their joy, with 
 every appearance of harmony and good humor, and returned 
 without any disturbance to their homes. Immediately after 
 a drum beat — the mob gathered, collected barrels, and pro- 
 ceeded to the court-house with noise and tumult, when there 
 were brought from an adjacent lot two effigies with labels on 
 their breasts, Thomas M'Kean, Chief Justice, and James 
 Wilson, the Caledonian. They formed in order, had the 
 effigies carried in front, preceded only by a noted captain of 
 militia, who declared he was inspired from Heaven, paraded 
 the streets, and with shouts and most dreadful execrations 
 committed them to the flames. It is remarkable that some 
 of the most active people in the riot of Wednesday evening, 
 and the mob of Thursday, have come to this country within 
 these two years — men perfectly unknown, and whose charac- 
 ters were too obscure to attract the notice of the inhabitants 
 of this place, and others who but lately have stripped off the 
 garb of British soldiers. I think it improper to prejudice the 
 public by naming the persons concerned in these atrocious 
 riots, as prosecutions are about to be commenced in the name 
 of the State against them. Every lover of good order must 
 lament the wound the dignity of the State has received in 
 burning in the public street, in one of the largest towns in 
 open day, the effigy of the first magistrate of the Common- 
 wealth. Proceedings of this kind are really alarming, directly 
 tend to the dissolution of all governments, and must receive 
 the rebrobation of every honest citizen. 
 
Riot at Carlisle. 491 
 
 I was invited, being an old man, to spend the evening with 
 the federalists at Mr. Joseph Postleth wait's tavern, where an 
 elegant supper had been prepared— a number of the respecta- 
 ble inhabitants of Carlisle convened there and spent the 
 evening with the most perfect harmony, good humor and 
 conviviality. After supper the following toasts were drank: 
 
 1. The Federal Constitution. 
 
 2. General Washington and the Federal Constitution. 
 
 3. The States who Acceded to the Federal Constitution. 
 
 4. A speedy accession and ratification of the Constitution 
 by all the States. 
 
 5. The patriotic forty-six. 
 
 6. The president of the State. 
 
 7. The chief justice of Pennsylvania and member of the 
 late convention. 
 
 8. The honorable James Wilson, Esq., of Philadelphia. 
 
 9. Major James Armstrong Wilson. 
 
 10. An increase of the agriculture, manufactures and com- 
 merce of America. 
 
 11. May the flag of the United States fly triumphant in all 
 the ports of the world. 
 
 12. Our friends in Europe. * 
 
 Extract of a letter from Carlisle, dated January 4, 1788. 
 
 "I dare say you have heard of the unhappy rumpus which 
 took place here on the 25th ult. This spirit of rage and 
 discord is increasing every hour; Squire Agnew issued war- 
 rants for some of the rioters, but none would venture to serve 
 them. A boy indeed was taken, but the people of the town 
 threatening to rise again, he was discharged, and the country 
 people declaring they would come in and pull down the 
 houses of any who should attempt to issue or execute any 
 warrants. Nothing is or can be done! You cannot conceive 
 the violent language used here ; the whole country is alive 
 with wrath, and it is spreading from one county to another 
 so rapidly that it is impossible to say where it will end, or 
 how far it will reach, as the best and leading characters in 
 
 *Independent Gazetteer, Jan. 9, 1788. 
 
493 After the Convention Rose. 
 
 all these counties during the late war are now the foremost 
 in this unfortunate dispute. The county of Franklin is, if 
 possible, they tell me, worse than ours; they also are forming 
 themselves into societies and associations to oppose this new 
 constitution. The order from council to repair the arms can- 
 not be executed; it is the subject of much speculation."* 
 
 [Some of the rioters, however, were arrested. What hap- 
 pened to them is set forth in the following narrative. ] 
 
 Carlisle, March 5. 
 
 A narrative of facts, respecting the manner by which the 
 prisoners were liberated from their confinement, in the gaol 
 of Cumberland county, on Saturday the first of March in- 
 stant. 
 
 It is presumed the public are already in full possession of 
 the cause which gave rise to the following transactions, viz., 
 the opposition made by some of the inhabitants of the bor- 
 ough of Carlisle, to the rejoicing intended to be celebrated by 
 the new federalists, on the 26th and 37th of December last. 
 It is already known that a number of depositions were taken 
 in the office of John Agnew, Esquire, with an intention to 
 criminate the several persons who were active in opposing said 
 rejoicing, on which depositions or other inibrmation laid be- 
 fore the honorable the supreme justices of the State of Penn- 
 sylvania, a warrant was issued charging the said opposers 
 with divers unlawful acts, &c., and commanding the Sherifl" 
 of this county to apprehend 20 persons therein named, and 
 take them before some of the Justices of the Supreme Court, 
 or any of the Justices of Cumberland county, to answer to the 
 premises and be dealt with according to law. Some time 
 after the Sheriff received the warrant, and called upon the 
 defendants, and informed them such warrant was in his 
 hands; each person willingly agreed to appear at any time 
 he might think proper before any magistrate of this county: 
 he thought proper to appoint Monday the 25th of February 
 last for them to appear before John Agnew, Esq. , which they 
 readily complied with. The warrant being read, which ex- 
 
 * Independent Gazetteer, Jan. 12, 1788. 
 
The Rioters Rescued. 493 
 
 hibited the charge of a riot against the defendants, who 
 demanded that they should be confronted with the witnesses, 
 and offered, if permitted, to produce sufficient evidence to 
 exculpate themselves from the charge alleged against them, 
 which was refused, as the magistrate was of opinion that it 
 was not in his power to supersede a warrant issued by the 
 Supreme Justices. In the interim a country magistrate 
 arrived, who had been previously sent for by John Agnew, 
 Esquire; after a short consultation they came forth, and the 
 country justice told the defendants that in his opinion the 
 warrant admitted of a hearing, but added, that he was deter- 
 mined not to act in the matter, and advised the defendants 
 to accept of a proposal made by Mr. Agnew, which was to 
 remain in the custody of the Sheriff until the 25th of March 
 next, at which time Mr. Agnew hoped to have instructions 
 from the Supreme Justices. Seven of the defendants abso- 
 lutely refused the proposal, unless they were assured of an 
 investigation of the premises at the time mentioned, which 
 was likewise refused. Bail was then demanded by the Jus- 
 tice; the defendants answered they were conscious that they 
 were guilty of no crime against the laws of their country; 
 and as they were prosecuted to gratify party spite, they were 
 determined not to enter bail on the occasion, but would 
 otherwise willingly comply with the orders of his worship; 
 upon which Mr. Agnew wrote and signed their commitment, 
 and gave it to the Sheriff, who conducted the prisoners to 
 the county gaol. Immediately the country took the alarm, 
 on hearing that a number of persons were confined in prison 
 for opposing a measure that was intended to give sanction to 
 the proposed Federal Constitution. The people who com- 
 posed the different companies of militia in this county, 
 thought proper to collect, and appointed to meet in Carlisle, 
 on Saturday last, to inquire why those persons were confined, 
 and at the same time determined to act agreeably to the op- 
 position offered them by the rejoicing party. Accordingly 
 about sunrise the bell began to ring, and the men under arms 
 made their appearance from different quarters, who previously 
 had appointed one person from each company to represent 
 
494 After the Convention Rose. 
 
 them in a committee, for the purpose of consulting on such 
 measures as might be most expedient on the occasion. Pre- 
 vious to their meeting five persons with delegated power from 
 the people of Dauphin county, had met a number of new 
 federalists, and had proposed terms of accommodation. In 
 one hour the new federalists promised to give them an answer, 
 at which time they accordingly met, together with the com- 
 mittee appointed by the different companies, who immedia- 
 tely agreed on terms of accommodation, and mutually con- 
 sented to transmit a petition to Council, signed by a number of 
 respectable persons on both sides of the question; they then 
 agreed that the Sheiff would sign the following discharge: 
 
 " Be it known that I, Charles Leeper, Esq. , Sheriff of Cum- 
 berland county, do hereby discharge from their imprisonment 
 in the jail of this county of Cumberland, the following per- 
 sons, viz., James Wallace, William Petrikin, Thomas Dick- 
 son, Samuel Greer, Bartholomew White, Joseph Young, and 
 Joseph Steel. 
 
 "CharIvES IvEEPER, Sheriff." 
 
 After the above agreement was ratified, the militia were 
 marched under their respective officers from the public square 
 to the jail, where the sheriff conducted the prisoners to the 
 street; having read the above discharge, they were restored 
 to their former liberty with loud huzzas and a feu de joie 
 from right to left of the companies, who then marched out 
 of town in good order, without injuring any person or prop- 
 erty, except two balls which were fired through a tavern- 
 keeper's sign who is said to be a warm federalist. 
 
 It is with pleasure we announce to the public, that the 
 militia who appeared on this occasion amounted to about 
 1,500 men, who are generally men of property and good 
 characters, who all evinced both by words and actions, that 
 they intended to persevere in every measure that would 
 oppose the establishment of the new Constitution, at the risk 
 of their lives and fortunes. 
 
 The following is a copy of the petition to Council alluded 
 to above. 
 
Minority of the State Convention Thanked. 495 
 
 To the Honorable the Supreme Executive Council of the 
 State of Pennsylvania. 
 We, the undersigned, being desirous of preserving the 
 peace of the county of Cumberland, do hereby signify and 
 declare our wishes and desire that the prosecutions com- 
 menced respecting certain riots said to have been committed 
 upon Wednesday and Thursday the twenty-sixth and twenty- 
 seventh of December last, should be discontinued; and that 
 your honors will be pleased to direct the attorney-general to 
 enter noli prosequi to the said prosecutions. 
 
 John Montgomery, William Blair, 
 
 John Agnew, John Wray, 
 
 Stephen Duncan, William Brown, 
 
 James Hamilton, Mathew Alison, 
 
 Samuel A. M. Coskery, John Jordon, 
 
 Robert Magaw, James lycmberton, 
 
 Joseph Thornburg, Samuel Gray, 
 
 John Holmes, George Logan. 
 
 John Creigh, 
 Richard Butler. 
 N. B. John Montgomery, etc. , are in favor of the new con- 
 stitution, and William Blair, etc. , against it. * 
 
 [The Antifederalists of Carlisle meantime had not been 
 idle. The Assembly was petitioned and the minority of the 
 convention repeatedly thanked.] 
 
 From the Carlisle Gazette. 
 
 Messrs. Printers: By inserting the following in your useful 
 Gazette^ you will oblige a number of your constant readers. 
 An address to the Minority of the State Convention of Penn- 
 sylvania. 
 
 The history of mankind is pregnant with frequent, bloody 
 and almost imperceptible transitions from freedom to slavery. 
 Rome, after she had been long distracted by the fury of the 
 patrician and plebeian parties, at length found herself re- 
 duced to the most abject slavery under a Nero, a Caligula, 
 * Independent Gazetteer, Mar. 14, 1788. 
 
496 After the Convention Rose. 
 
 etc. The successive convulsions, which happened at Rome, 
 were the immediate consequence of the aspiring ambition of 
 a few great men, and the very organization and construction 
 of the government itself. The republic of Venice, by the 
 progressive and almost imperceptible encroachments of the 
 nobles, has at length degenerated into an odious and per- 
 manent aristocracy. This we are convinced by indubitable 
 demonstration, will be the final consequence of the proposed 
 Federal Constitution; and because we prize the felicity and 
 freedom of our posterity equally with our own, we esteem it 
 our indispensable duty to oppose it with that determined re- 
 solution and spirit that becomes freemen. That fire for 
 liberty which was kindled in every patriotic breast during 
 the late glorious contention, though in a latent state, will be 
 easily rekindled ; and upon the contact of a very spark will 
 devour by its direful explosion, not only the enemies of 
 liberty, but both parties promiscuously. 
 
 Discontent, indignation and revenge already begin to be 
 visible in every patriotic countenance; and civil discord 
 already raises her snakey head. And we are well convinced 
 that nothing less than a total recantation and annihilation of 
 the proposed aristocratic delusion will appease the insulted 
 and enraged defenders of liberty. If the lazy and great wish 
 to ride, they may lay it down as an indubitable position or 
 axiom, that the people of America will make very refractory 
 and restive hackneys. Although the designing and artful 
 Federalists have effected their scheme so far as to have the 
 constitution adopted in this State by surprise, notwithstand- 
 ing the people are pretty generally convinced of their delu- 
 sion, and little less than the lives of their betrayers will 
 satiate their revenge. Not even the authority of the clergy, 
 who seem generally to have been a set of men decidedly 
 opposed to popular freedom, can give sanction to such a 
 government. The people of America understand their rights 
 better than, by adopting such a constitution, to rivet the 
 fetters of slavery; or to sacrifice their liberty at the shrine of 
 aristocracy or arbitrary government. We, the subscribers, 
 are a society united for the express purpose of reciprocal or 
 mutual improvement; we meet once a week, and political 
 
Minority of the State Convention Thanked. i^i^'j 
 
 matters are frequently the subjects of litigation and debate. 
 We have read and endeavored fully to comprehend the pro- 
 posed federal constitution, and also the arguments for and 
 against it; and after mature deliberation, we unanimously 
 acquiesce with, and cordially thank you the minority in the 
 late State convention: First, for your patriotic and spirited 
 endeavors to support the drooping cause of liberty, and rights 
 of your constituents: Secondly, for your integrity and firm- 
 ness in stemming the torrent of popular clamor, insult and 
 flattery: Thirdly, for your unanswerable, solid, and well- 
 founded arguments and reason of dissent: Lastly, we rejoice 
 to think that your names will shine illustriously in the page 
 of history, and will be read with honor and grateful remem- 
 brance in the annals of fame; while the names of the majority 
 and their ignorant tools will be spurned and execrated by the 
 succeeding generations as the pillars of slavery, tyranny and 
 despotism. 
 
 James M'Cormick, James Bell, 
 
 David Boyd, Thomas Atchley, 
 
 William Gelson William Irvin, 
 
 James Irvin, William Douglass, 
 
 Andrew Irvin, John Walker, 
 
 William Carothers, senior, William Greason, 
 William Adams, David Walker, 
 
 William Carothers, junior, Jonathan Walker, 
 John Douglass, John Buchanan, 
 
 Archibald Hamilton, Francis M'Guire, 
 
 Joseph Junkin, John Armstrong, 
 
 John Clandinen, Benj. Junkin, 
 
 Thomas Henderson, John Carothers, junior, 
 
 Robert Bell, James Fleming, 
 
 John Junkin, Thomas Carothers.* 
 
 Carlisle, February 13. 
 An Address to the Minority of the late State Convention — 
 From Union Society. 
 Gentlemen : After the most mature and deliberate con- 
 sideration, we feel ourselves prompted by the most lively 
 *Independent Gazetteer, Jan. 9, 1788. 
 32 
 
498 After the Convention Rose. 
 
 glow of gratitude, to tender you our unfeigned address of 
 thanks for your able and spirited exertions in the late Con- 
 vention, in behalf of liberty and your country, and with un- 
 wearied assiduity struggling through fatigue and opposition, 
 in support of the unalienable rights of mankind, against the 
 iron hand of despotism, which is the concomitant of slavery 
 and oppression. Though baflBled and disappointed in your 
 late glorious contest, in contending for the blessing of free- 
 dom — we congratulate you that the happy day is not far off 
 when your virtuous endeavors will illustriously shine in the 
 annals of fame, and immortalize your names in the historic 
 page. Believe it, gentlemen, as a truth, that it will redound 
 to your honor, whose lot it was to fall into an age that asserted 
 common liberty and the rights of your country, that you were 
 possessed of undaunted courage to give us some proofs of it in 
 this critical moment, a blessing which we wish with all our 
 souls may be perpetuated to posterity; for as to what concerns 
 ourselves, one day's experience is abundantly suflScient for 
 our comfort and instruction, both young and old. Those that 
 are in years will leave the world with less regret, when they 
 shall better understand the advantages that attend liberty; 
 and for those that are growing up, the very example will 
 inflame them with a virtuous emulation of treading in the 
 steps of their famous ancestors. Gentlemen, it is with great 
 respect we offer this tribute of our acknowledgments due to 
 your merits. 
 
 Signed by order of the Society, 
 
 James Sterritt, Secretary.* 
 
 An address of thanks from a number of the inhabitants of the 
 borough of Carlisle^ to the minority of the late State Con- 
 vention in general^ and the representatives of Cumberland 
 county in particular. 
 
 Gentlemen: We return you our hearty thanks for the 
 magnanimous and spirited opposition which you made in the 
 late State Convention to that instrument of oppression, in- 
 justice and tyranny, which was then the subject of your 
 
 * Independent Gazetteer, Feb. 27, 1788. 
 
Minority of the State Convention Thanked. 499 
 
 deliberations, viz. : The Proposed Constitution for the United 
 States. 
 
 We assure you that your conduct meets with our most 
 cordial approbation, and fully answers the expectation we 
 formed of you when we voted you to represent us. Although 
 we did not tie up your hands, by dictating to you how to 
 behave or what side to take, nor did we preclude you from 
 investigating its properties or discussing its principles in the 
 most ample manner, according to the dictates of your own 
 enlightened understanding, by extorting from you, previous 
 to your election or afterwards, any promises or engagements 
 to vote for or against the proposed plan. This would have 
 been treating you like machines or tools, and for such a pur- 
 pose as this parrots and magpies trained to prattle would have 
 answered the purpose much better than freemen. Neverthe- 
 less, gentlemen, the measures you have taken have fully jus- 
 tified the confidence we reposed in you, and come up to our 
 most sanguine wishes. 
 
 We, gentlemen, with you, deprecate the impending ruin, 
 and deplore the unhappy state of our dear country and inno- 
 cent posterity, should this engine of slavery ever be estab- 
 lished. We sincerely grieve to see the people of this State 
 plunge themselves into the jaws of destruction, and sacrifice 
 their dearest interests to gratify the ambition of a few selfish 
 despots. Yet we sorrow not as those who have no hope; we 
 are happy to find that a formidable opposition is made to it 
 in some of our sister States; we rejoice in the expectation of 
 your cogent arguments and spirited protest being disseminated 
 through America, and rousing multitudes from their supine 
 lethargy, and opening the eyes of others who are blinded with 
 prejudice, and misled by artful men; we comfort ourselves 
 with the hope that your example will animate such citizens 
 of our own State, whose generous souls recoil at the idea of 
 slavery, and who have not yet degenerated so far from their 
 original principles as to be content to live in fetters — to op- 
 pose it. We hope it is not yet too late, although the chains 
 are making they are not yet riveted on, and their Constitu- 
 tion is not yet "the supreme law of the land," and we flatter 
 
500 After the Convention Rose. 
 
 ourselves it never will. When liberty was the grand ques- 
 tion, America combated an infinitely more formidable power 
 than the partisans of the proposed Constitution; when her 
 rights and privileges were invaded by one of the most puissant 
 monarchs on earth, she bravely resisted the attack, and 
 laughed at the shaking of their spear — she despised their 
 menaces and returned their threats with redoubled vengeance 
 on their own heads. Will her brave freeborn yeomen, then, 
 tamely submit to be circumvented or cajoled out of their 
 freedom and invaluable rights by a few petty domestic 
 tyrants? No, we are persuaded they never will. 
 
 It is, gentlemen, with the most agreeable surprise that we 
 behold a very few country farmers and mechanics nonplus 
 the great rabbis and doctors of the schools, who no doubt 
 summoned in all the rhetoric, logic, and sophistry they were 
 capable of on this occasion. We rejoice to see scholastic 
 learning and erudition fly before simple reason, plain truth 
 and common sense. But though you defeated them in argu- 
 ment, they exceeded you in numbers; however, should the 
 worst happen (which heaven avert) this will be your consola- 
 tion, that in the time of danger you exerted every effort to 
 prevent the calamity; you exonerated your consciences by a 
 faithful discharge of your duty; your names will descend to 
 posterity with admiration and esteem, when those of your 
 opponents will be loaded with infamy and execration: It will 
 be said, these were the Demosthenes's, the Bruti, the Cato's 
 of America, when your antagonists will be classed with the 
 vilest tyrants that ever disgraced human nature. This will 
 be a sufficient compensation for all the outrage and insult you 
 have received from the senseless, ignorant rabble in Philadel- 
 phia, and the harsh rude treatment given you by such of the 
 aristocratical junto as were members of the Convention; so 
 that your reward is sure, suppose this Constitution should 
 even be adopted universally, which we are persuaded will 
 never be. The late glorious revolution is too recent in the 
 memory of American freemen, to suffer this. It may occa- 
 sion a small conflict, but the cause of liberty is worth con- 
 tending for, and we firmly believe there are yet numbers who 
 
Petition from Franklin County. 501 
 
 will account it their highest honor to unite with you in the 
 glorious struggle. That the same spirit which actuated you 
 from the first appearance of this baneful instrument, may 
 predominate in the breast of every brave American, is, gen- 
 tlemen, the most ardent desire of your inflexible adherents.* 
 Signed by order of the meeting, 
 
 William Brown, in the Chair. 
 
 George I/OGue, Clerk. 
 
 From the Carlisle Gazette. 
 
 Messrs. Kline and Reynolds : You will oblige a number of 
 your customers by inserting the following address in your 
 useful paper, and through it they ask the opportunity of 
 soliciting the concurrence of their fellow-citizens. 
 To the Honorable the Representatives of the Freemen of the 
 
 Commonwealth of Pennsylvania^ in General Assembly met. 
 
 The petition of the subscribers, freemen of the county of 
 Franklin, most respectfully showeth : That your petitioners 
 are desirous that order and good government should prevail, 
 and that the Constitution of this State should not be sub- 
 verted nor altered in any other way than is therein provided. 
 
 That as the members of your honorable House are all sworn 
 or affirmed to do no act or thing prejudicial or injurious to 
 the Constitution or government as established by the Con- 
 vention, by whom the same was framed, they look up to you 
 as the guardians of the rights and liberties therein secured to 
 your petitioners, and pray that they may be protected therein. 
 
 That your petitioners are much alarmed at an instrument 
 called a Constitution for the United States of America, 
 framed by a Convention that had been appointed by several 
 of the States, solely for the purpose of revising the articles of 
 confederation, and to report such alterations and provisions 
 therein, as should, when agreed to in Congress and confirmed 
 by the several States, render the federal Constitution ade- 
 quate to the exigencies of government and the preservation 
 of the union, inasmuch as the liberties, lives and property 
 of your petitioners are not secured thereby. 
 
 * Independent Gazetteer, Feb. 14, 1788. 
 
503 After the Convention Rose. 
 
 That the powers therein proposed to be granted to the gov- 
 ernment of the United States are too great, and that the pro- 
 posed distribution of these powers is dangerous and inimical 
 to liberty and equality amongst the people. 
 
 That they esteem frequent elections and rotation in ojQ&ces 
 as the great bulwark of freedom. 
 
 That they conceive standing armies in time of peace are 
 dangerous to liberty, and that a well organized militia will 
 be the proper security for our defence. 
 
 That the rights of conscience should be secured to all men, 
 that none should be molested for his religion, and that none 
 should be compelled contrary to his principles or inclination 
 to hear or support the clergy of any one established religion. 
 
 That the liberty of the Press should not be insecure or in 
 danger. 
 
 That the right of trial by jury should be secured in civil as 
 well as in criminal cases. 
 
 That the government as proposed would be burthensome, 
 expensive and oppressive, and that your petitioners from pay- 
 ing taxes to support a numerous train of offices erected there- 
 by, which would be not only unnecessary but dangerous to 
 our liberties. 
 
 That your petitioners observe this proposed Constitution 
 hath not been approved of by the Congress of the United 
 States, as directed by the articles of their confederation. 
 
 That your petitioners conceive the majority of the deputies 
 of the General Convention, who have been appointed by the 
 State, have assumed to exercise powers with which they 
 were not delegated, that their conduct is reprehensible, and 
 that they should be brought to account for the same, as the 
 precedent is highly dangerous and subversive of all govern- 
 ment. 
 
 And your petitioners desire that the said proposed plan of 
 government may not be confirmed by the legislature of this 
 State, nor adopted in the said United States, and that the 
 delegates of Congress from this State be instructed for that 
 purpose. 
 
 And your petitioners as in duty bound shall ever pray. * 
 
 * Independent Gazetteer, Feb. 19, 1788. 
 
An Answer to Mr. Findley. 503 
 
 [The violence at Carlisle excited no comment and beyond 
 the limits of the county in which it occurred was soon for- 
 gotten. In Philadelphia the antifederalists became more 
 active than ever. To reprint all that was written is not nec- 
 essary; but the following selection of pieces both wise and 
 foolish may safely be taken as samples of the whole]. 
 
 Mr. Oswald: I believe the leaders of the majority in our 
 convention did not publish their address and reasons of as- 
 sent on two accounts: First, because nearly one-half of their 
 number were obliged to vote according to their solemn en- 
 gagements and promises, (by which they were tied down 
 before their election,) and not according to their judgments; 
 therefore had not signed it. 
 
 Secondly, because when they found the address of the 
 minority so ably drawn up, and so well supported by un- 
 doubted facts and unanswerable arguments, they despaired 
 of their sophistical inflammatory address being of any service 
 to them, therefore they resolved still to avoid the field of argu- 
 ment, and to depend on their old aids, detraction, scandal, 
 and falsehoods. 
 
 However, I think they should have allowed their members 
 (whom they detained from Wednesday till Tuesday, to sign 
 and carry home their address) something towards extra ex- 
 penses in that time. I am yours, etc., 
 
 Unci,e Tobey.* 
 
 Messrs. Dunlap and Claypoole: In answer to Mr. Findley' s 
 declaration on the day of the ratification, of only one-sixth part 
 of the State of Pennsylvania having voted for the late conven- 
 tion. Colonel Hartley, or one of the federalists, observed that 
 this was a very unfair mode of determining the strength or 
 number of the friends of the new government — that the whole 
 of the State seldom voted upon any occasion, except in con- 
 tested elections, and that the reason why so few voted was 
 because in the city of Philadelphia, and in all the large and 
 populous counties, there was nearly a perfect unanimity upon 
 the subject of the new constitution. The speaker added, 
 
 * Independent Gazetteer, Dec. 19, 1787. 
 
504 After the Convention Rose. 
 
 that the convention that framed the Constitution of Pennsyl- 
 vania was chosen only by about 6000 votes, and that the 
 members of the first legislature that sat under it were elected 
 by a little more than 1500 votes. A Bystander.* 
 
 Mr. Oswald: The conduct of our fellow-citizens on the late 
 glorious occasion, of solemnly proclaiming to the people the 
 ratification and adoption of the proposed new constitution, by 
 the convention of this State, does them no honor; for, not- 
 withstanding due notice having been given by our friends in 
 the convention and council, to the members of council, 
 judges, justices and other State officers, the faculty of the 
 University, militia officers, and citizens, of the order and 
 time of the procession; yet few of any of these attended; the 
 citizens and militia officers in particular were uncommonly 
 scarce — they should at least have given their countenance to 
 this very important business; it is not very unaccountable 
 that more officers of government did not come forth, but that 
 more of the professors, etc., in the University, the militia 
 officers, and citizens did not appear to celebrate this grand 
 affair which concerns them all so materially, is wonderful. 
 
 And the common people, I observed, were as inattentive as 
 the others ; they did not seem to show any attention to a fine 
 little batteau (dressed off with colors) that was industriously 
 carried on a cart through some of the back streets, as an 
 emblem of ovlX future commerce; although the sailors, etc. 
 who conducted it, used all their generous endeavors to excite 
 admiration: they huzzaed at the corners, had the sweet music 
 of a fiddle, etc. I followed them many squares, and could 
 not find any but children with them. O strange behavior! 
 the people do not seem to know what grandeur is preparing 
 for them and their posterity. 
 
 But to come to the point, our friends, the majority, after 
 dining together, enjoyed much happiness in the pleasures of 
 the social bottle till late at night, when our worthy Chief 
 Justice, that great patron and protector of the press, was a 
 little affected by the working of small beer, and so retired. 
 
 * Pennsylvania Packet, Dec. 25, 1787. 
 
A Pew Queries. 505 
 
 Some of the toasts that were drank were middling, but 
 most of them were not to the purpose; for we should now 
 forget our past national transactions, and it will be ridiculous 
 to give thirteen toasts hereafter, as we are all to be united 
 and bound together into one : for the same reason it was 
 wrong to fire thirteen guns — one great gun ought only to have 
 been fired: and we must immediately alter our flags and re- 
 move the thirteen stripes and stars, and in their places insert 
 the spread eagle or some other great monster, emblematical 
 of our future unison. 
 
 I think the conduct of our people in the majority in Con- 
 vention was from the beginning a true emblem of our future 
 unanimity and grandeur, they were from the first united in 
 
 and under* J. W n. Esquire, without whose direction 
 
 nothing was done or said: in short, none of our party at- 
 tempted to argue except him, and he deserves much credit 
 for his industry and ingenuity on the occasion; to be sure, he 
 had the best right to defend it, for it was framed by him and 
 our worthy friend, Mr. G r M s, in the Federal Con- 
 vention. I think, Mr. Oswald, that if we had not put him 
 in our Convention, the business would have been lost; the 
 yellow whigs were so arch, and upon the whole, they both 
 deserve great promotion and the highest offices. I am sure 
 they shall have the vote of A Unitarian. * 
 
 A few queries humbly submitted to the consideration of the 
 people of Pennsylvania. 
 
 1. Was the recommendation of the late General Assembly 
 to choose a Convention for the purpose of adopting the new 
 Constitution, so binding upon the people, as that they were 
 necessarily and legally obliged to comply with it at the time 
 and in the manner then recommended? Or were not the 
 people still at liberty to act according to their own judgment 
 on this momentous question ? 
 
 2. As no more than about one-sixth part of the freemen of 
 this State have yet thought proper to appoint a convention for 
 the above purpose, can the act of 'this small minority, or of 
 
 * Independent Gazetteer, Dec. 21, 1787. 
 
5o6 After the Convention Rose. 
 
 the men chosen by them, be, with any propriety, considered 
 as the act of the people of the State? 
 
 3. May not, therefore, the freemen of Pennsylvania, at any 
 time before the new Constitution shall become the supreme 
 law of the land, call a Convention by their own authority, to 
 consider of this proposed plan of government; and give them 
 power either to adopt, propose amendments to, or reject the 
 same, as they shall, upon due deliberation, judge most 
 proper?* 
 
 December 2if., 178'^. 
 Mr. Oswald: Please to insert the following in your paper 
 and oblige, A Constant Reader. 
 
 From the New-Haven Gazette, of Dec. 13, 1787. 
 
 ADVERTISEMENT. 
 
 Broke into the State of Connecticut on the evening of the 
 i2th ult., a large overgrown creature, marked and branded 
 Centinel. She appears to be of Pennsylvania extraction, 
 and was lately in the keeping of J — L — , Esq., of New York, 
 from whence she escaped to this State. She is well pampered 
 for market, and at first was thought to be of great value, but 
 upon more minute examination she is found to be a decep- 
 tion — Cock's head and tail at first sight, but is soon discov- 
 ered to be lame in her fore feet. Nine hundred pounds 
 (her late maker's salary under the present Constitution) writ- 
 ten in small letters on her left hip, the hip which eminent 
 farmers conjecture will soon be put out of joint. She has a 
 large blaze in her forehead, in which is w^ritten in capitals. 
 Friends, Countrymen and Fellow Citizens. She was consid- 
 erably ,^a//(?^ and ^^^/f^c/ before she left Pennsylvania, by the 
 lash of Mr. Wilson, which caused her to quit the place of her 
 nativity. She is well enough spread for the people of this 
 State, and they do not wish her to be spread any more, and 
 therefore if her original proprietor, or her late protector, will 
 take her away and pay charges, no questions will be asked; 
 if not before the first Thursday in January next, she will be 
 
 * Independent Gazetteer, Dec. 22, 1787. 
 
Mr. Wilson's Witticism. ^07 
 
 re-shipped for New York to pay duties, as we are determined 
 not to winter her. 
 
 The advocates of the new system of government must be 
 very much exhausted inpoint of argument indeed, when they 
 have recourse to such wretched abuse as is contained in the 
 above advertisement. Unfortunately for this horrid scribbler, 
 the gentleman, at whom he has levelled his scurrility and 
 low ribaldry, is held in the highest estimation by his fellow- 
 citizens for his honor, integrity, and unshaken attachment to 
 the cause of liberty. And the name of the patriotic I^amb 
 of New York, "will be sweet in the mouths " of a grateful 
 and applauding country, when those of his infamous politi- 
 cal adversaries, — the upstarts and mushroons of an hour, — 
 the totos and major tiffanies — the time-serving tools, the 
 Phocions and Publiuses of our day, — "will stink in the very 
 nostrils of posterity. " * 
 
 From the Daily Patriotic Register. 
 
 How one story brings another to mind! Mr. Wilson's 
 witticism (in the Pennsylvania Convention) about Sternhold 
 and Hopkins's psalms, made me think of the following: A 
 man who was ridiculed for the shortness of his coat smartly 
 said, "It will be long enough before I get another." The 
 person who ridiculed him was pleased with the reply, and 
 treasured it up for the purpose of retailing it. He met with 
 an opportunity, and said, he had heard one of the wittiest 
 things lately that he ever met with. Upon being asked what 
 
 it was, he replied he had been laughing at because 
 
 his coat was so short; and told him it would be a long 
 
 time before he would get another. His friend observed that 
 he could not see any wit in it. "Why, really, nor I," said he, 
 ' ' now ; but I remember it was a good story when I heard it. ' ' 
 Mr. Wilson was equally unfortunate in retailing Sternhold 
 and Hopkins; for the two lines he quoted are not in that ver- 
 sion of the Psalms, nor I believe in any other. 
 
 Squib.* 
 
 * Independent Gazetteer, Dec. 27, 1787. 
 
5o8 After the Convention Rose. 
 
 Mr. Oswald: As the publication of tlie debates of the late 
 Convention promised by Mr. lyloyd, does not appear, I beg 
 leave to present the public by anticipation with the new poli- 
 tical maxims which have been delivered in the course of their 
 speeches, by the members who spoke in support of the new 
 Constitution (for it is well known that what was said by the 
 members of the opposition is not worth recording). These 
 maxims which are the quintessence of the arguments that have 
 been urged to prove the excellence of that new form of gov- 
 ernment, which has been sent down to us by God Almighty 
 from Mount Sinai^ or in other words of the new political 
 testament, I think ought to be published together, for the 
 honor of Pennsylvania, and of human nature. 
 
 Argus. 
 
 MAXIMS. 
 
 1. An aristocracy is the best government on earth, because 
 according to its etymology^ it is the government of the better 
 sort of people. 
 
 2. Whatever government is best administered is best, be- 
 cause t\\e.form. or species of a government, and its administra- 
 tion are the same thing, and consequently one good king can 
 make monarchy the best of all possible governments forever 
 — Therefore we must say with Pope, who never was in the 
 wrong: 
 
 For forms of government let fools contest, 
 Whate'er is best administered is best. 
 
 3. Government is not founded on a compact between the 
 governors and the governed, nor indeed on any compact or 
 contract; its foundations ax& power on the one hand, axvAfeaf 
 on the other. 
 
 4. Kplan of government submitted to the consideration of 
 a popular convention, is like a house ready built, and ought 
 to be adopted or rejected in toto, and it is not at all like the 
 plan of a house before it is built, which may be altered or 
 amended at pleasure; neither is it like a watch presented for 
 inspection to a skilful artist, who would naturally take it to 
 pieces, and examine every spting separately, before he gave 
 his opinion upon the whole. 
 
Political Maxims. 509 
 
 5. Bills or declaration of the rights of the people., are 
 always useless in a new Constitution, and are often dangerous 
 to liberty; and this is very clear, because Virginia has no bill 
 of rights. 
 
 6. The liberty of the press is not at all endangered by the 
 new Constitution; first, because there is nothing said about 
 it; and second, because the judicial oflScers of Congress alone 
 will have the cognizance of libels against their government. 
 
 7. Trial by jury was never known in Sweden., and there- 
 fore we ought not to have it in America. 
 
 8. It is not true that appeals are unknown to the common 
 law, because Blackstone has a chapter entitled ' ' Of proceed- 
 ings in the natttre of appeals. ' ' 
 
 9. Standing armies are always necessary in time of peace. 
 
 10. Congress ought to have an absolute command over the 
 militia of the United States, in order that their muskets may 
 be all of the same size. 
 
 11. We must not be afraid of trusting too much power to 
 our rulers, because we cannot suppose that they will be 
 demons of tyranny. 
 
 12. A government which doubles the number of public 
 ofiicers, and which will require a standing army, must of 
 course lessen the taxes and national expenses. 
 
 13. A federal government and a consolidated government 
 are the same — unum et idem. * 
 
 Anecdote of Publius; who pants for a fat office under the new 
 system of government. 
 A country relation of Publius' s calling to see him in New 
 York, at the time his i8th number appeared, the author in- 
 quired of him, what the people up in his part of the country 
 said of the Federalist; the other, not suspecting he was the 
 author of it, answered that he had read it, but heard little 
 said about it, as the attention of the people was so much 
 occupied on the subject of the New Constitution., they had no 
 time or inclination to read any essay on Foreign Affairs.\ 
 
 ♦Independent Gazetteer, Jan. 5, 1787. 
 tindependent Gazetteer, Jan. 5, 1787. 
 
5IO After the Convention Rose. 
 
 For the Pennsylvania Packet. 
 
 The New Roof. 
 
 The roof of a certain mansion, house was observed to be in 
 a ver>' bad condition, and insufl&cient for the purpose of pro- 
 tection from the inclemencies of the weather. This was 
 matter of surprise and speculation, as it was well known the 
 roof was not more than 13 years old, and therefore, its defects 
 could not be ascribed to a natural decay by time. Although 
 there were many different opinions as to the cause of this 
 deficiency, yet all agreed that the family could not sleep in 
 comfort or safety under it. It was at last determined to 
 appoint some skilful architects to survey and examine the 
 defective roof, to make report of its condition, and to point 
 out such alterations and repairs as might be found necessary. 
 These skilful architects, accordingly went into a thorough 
 examination of the faulty roof, and found 
 
 ist. That the whole frame was too weak. 
 
 2d. That there were indeed 13 rafters, but that these rafters 
 were not connected by any braces or ties, so as to form a 
 union of strength. , 
 
 3d. That some of these rafters were thick and heavy, and 
 others very slight, and as the whole had been put together 
 whilst the timber was yet green, some had warped outwards, 
 and of course sustained an undue weight, whilst others warp- 
 ing inwards, had shrunk from bearing any weight at all. 
 
 4th. That the lathing and shingling had not been secured 
 with iron nails, but only wooden pegs, which, shrinking and 
 swelling by successions of wet and dry weather, had left the 
 shingles so loose, that many of them had been blown away 
 by the winds, and that before long the whole would proba- 
 bly, in like manner, be blown away. 
 
 5th. That the cornice was so ill proportioned, and so badly 
 put up, as to be neither of use, nor an ornament. And 
 
 6th. That the roof was so flat as to admit the most idle 
 servants in the family, their playmates and acquaintance, to 
 trample on and abuse it. 
 
 Having made these observations, these judicious architects 
 gave it as their opinion, that it would be altogether vain and 
 
The New Roof. 511 
 
 fruitless to attempt any alterations or amendments in a roof 
 so defective in all points; and therefore proposed to have it 
 entirely removed, and that a new roof of a better construction 
 should be erected over the mansion house. And they also 
 prepared and offered a drawing or plan of a new roof, such as 
 they thought most excellent for security, duration and orna- 
 ment. In forming this plan they consulted the most cele- 
 brated authors in ancient and modern architecture, and 
 brought into their plan the most approved parts, according to 
 their judgments, selected from the models before them; and 
 finally endeavored to proportion the whole to the size of the 
 building, and strength of the walls. 
 
 This proposal of a new roof, it may well be supposed, 
 became the principal subject of conversation in the family, 
 and the opinions upon it were various, according to the judg- 
 ment, interest, or ignorance of the disputants. 
 
 On a certain day the servants of the family had assembled 
 in the great hall to discuss this important point. Amongst 
 these was James the architect, who had been one of the sur- 
 veyors of the old roof, and had a principal hand in forming 
 the plan of a new one. A great number of the tenants had 
 also gathered out of doors and crowded the windows and 
 avenues to the hall, which were left open that they might 
 hear the arguments for and against the new roof 
 
 Now there was an old woman known by the name of 
 Margery, who had got a comfortable apartment in the 
 mansion house. This woman was of an intriguing spirit, of 
 a restless and inveterate temper, fond of tattle, and a great 
 mischief maker. In this situation, and with these talents, 
 she unavoidably acquired an influence in the family, by the 
 exercise of which, according to her natural propensity, she 
 had long kept the house in confusion, and sown discord and 
 discontent amongst the servants. Margery was, for many 
 reasons, an irreconcilable enemy to the new roof, and to the 
 architects who had planned it; amongst these, two reasons 
 were very obvious — ist. The mantle piece on which her cups 
 and platters were placed was made of a portion of the great 
 cornice, and she boiled her pot with the shingles that blew 
 
512 After the Convention Rose. 
 
 off from the defective roof: And 2dly, It so happened that in 
 the construction of the new roof, her apartment would be 
 considerably lessened. No sooner, therefore, did she hear 
 of the plan proposed by the architects, but she put on her old 
 red cloak and was day and night trudging amongst the 
 tenants and servants, and crying out against the new roof 
 and the framers of it. Amongst these she had selected Wil- 
 liam, Jack and Robert, three of the tenants, and instigated 
 them to oppose the plan in agitation — she caused them to be 
 sent to the great hall on the day of debate, and furnished 
 them with innumerable alarms and fears, cunning arguments 
 and specious objections. 
 
 Now the principal arguments and objections with which 
 Margery had instructed William, Jack and Robert, were: 
 
 ist. That the architects had not exhibited a bill of scant- 
 ling for the new roof as they ought to have done; and there- 
 fore the carpenters, under pretence of providing timber for it, 
 might lay waste whole forests to the ruin of the farm. 
 
 2d. That no provision was made in the plan for a trap 
 door for the servants to pass through with water, if the chim- 
 ney should take fire, and that in case of such an accident, it 
 might hereafter be deemed penal to break a hole in the roof 
 for access to save the whole building from destruction. 
 
 3d. That this roof was to be guarded by battlements, 
 which in stormy seasons would prove dangerous to the family, 
 as the bricks might be blown down and fall on their heads. 
 
 4th. It was observed that the old roof was ornamented with 
 twelve pedestals ranged along the ridge, which were objects 
 of universal admiration; whereas, according to the new plan, 
 these pedestals were only to be placed along the eaves of the 
 roof, over the walls, and that a cupola was to supply their 
 place on the ridge or summit of the new roof. As to the 
 cupola itself, some of the objectors said it was too heavy and 
 would become a dangerous burthen to the building, whilst 
 others alledged that it was too light and would certainly be 
 blown away by the wind. 
 
 5th. It was insisted that the thirteen rafters being so 
 strongly braced together, the individual and separate strength 
 
''■The New Roof:' 513 
 
 of each rafter would be lost in the compounded and united 
 strength of the whole; and so the roof might be considered as 
 one solid mass of timber, and not as composed of distinct 
 rafters like the old roof. 
 
 6th. That according to the proposed plan, the several parts 
 of the roof were so framed as to mutually strengthen and 
 support each other, and therefore there was great reason to 
 fear that the whole might stand independent of the walls; 
 and that in time the walls might crumble away and the roof 
 remain suspended in air, threatening destruction to all that 
 should come under it. 
 
 To these objections, James the architect, in substance, re- 
 plied : 
 
 ist. As to the want of a bill of scantling, he observed, 
 that if the timber for this roof was to be purchased from a 
 stranger, it would have been quite necessary to have such a 
 bill, lest the stranger should charge in account more than he 
 was entitled to, but as the timber was to be cut from our own 
 lands a bill of scantling was both useless and improper — of 
 no use, because the wood always was and always would be 
 the property of the family, whether growing in the forest, or 
 fabricated into a roof for the mansion house — and improper, 
 because the carpenters would be bound by the bill of scant- 
 ling, which, if it should not be perfectly accurate — a circum- 
 stance hardly to be expected — either the roof would be defec- 
 tive for want of suflEicient materials, or the carpenters must 
 cut from the forest without authority, which is penal by the 
 laws of the house. 
 
 To the second objection he said that a trap door was not 
 properly a part in the frame of a roof, but there could be no 
 doubt but that the carpenters would take care to have such a 
 door through the shingling, for the family to carry water 
 through, dirty or clean, to extinguish fire either in the chim- 
 ney or on the roof, and that this was the only proper way of 
 making such a door. 
 
 3d. As to the battlements, he insisted that they were abso- 
 lutely necessary for the protection of the whole house, ist. 
 In case of an attack by robbers, the family would defend 
 33 
 
514 After the Convention Rose. 
 
 themselves behind these battlements, and annoy and dis- 
 perse the enemy, adly. If any of the adjoining buildings 
 should take fire, the battlements would screen the roof from 
 the destructive flames; and 3dly. They would retain the 
 rafters in their respective places in case any of them should 
 from rottenness or warping be in danger of falling from the 
 general union, and injuring other parts of the roof; observing 
 that the battlements should always be ready for these pur- 
 poses, as there would be neither time nor opportunity for 
 building them after an assault was actually made, or a confla- 
 gration begun. As to the bricks being blown down, he said 
 the whole was in the power of the family to repair or remove 
 any loose or dangerous parts, and there could be no doubt 
 but that their vigilance would at all times be sufficient to pre- 
 vent accidents of this kind. 
 
 4th. With respect to the twelve pedestals, he acknowledged 
 their use and elegance ; but observed that these, like all other 
 things, were only so in their proper places, and under cir- 
 cumstances suited to their nature and design, and insisted 
 that the ridge of a roof was not the place for pedestals, which 
 should rest on the solid wall, being made of the same mate- 
 rials and ought in propriety to be considered as so many pro- 
 jections or continuations of the wall itself, and not as com- 
 ponent parts of the wooden roof. As to the cupola, he said 
 that all agreed there should be one of some kind or other, as 
 well for a proper finish to the building, as for the purposes of 
 indicating the winds and containing a bell to sound an alarm 
 in cases of necessity. The objections to the present cupola, 
 he said, were too contradictory to merit a reply. 
 
 To the fifth objection he answered, that the intention really 
 was to make a firm and substantial roof by uniting the 
 strength of the thirteen rafters; and that this was so far from 
 annihilating the several rafters and rendering them of no use 
 individually, that it was manifest from a bare inspection of 
 the plan, that the strength of each contributed to the strength 
 of the whole, and that the existence of each and all was 
 essentially necessary to the existence of the whole fabric as 
 a roof. 
 
''The New Roof:' 515 
 
 Lastly, he said that the roof was indeed so framed that the 
 parts should mutually support and check each other, but it 
 was most absurd and contrary to the known laws of nature, 
 to infer from thence that the whole frame should stand self- 
 supported in air, for however its component parts might be 
 combined with respect to each other, the whole must neces- 
 sarily rest upon and be supported by the walls. That the 
 walls might indeed stand for a few years in a ruinous and un- 
 inhabitable condition without any roof, but the roof could not 
 for a moment stand without the support of the walls; and 
 finally, that of all dangers and apprehensions, this of the 
 roof's remaining when the walls are gone was the most ab- 
 surd and impossible. 
 
 It was mentioned before that, whilst this debate was car- 
 rying on in the great hall, the windows and doors were 
 crowded with attendants. Amongst these was a half crazy 
 fellow who was suffered to go at large because he was a harm- 
 less lunatic. Margery, however, thought he might be a ser- 
 viceable engine in promoting opposition to the new roof As 
 people of deranged understandings are easily irritated, she 
 exasperated this poor fellow against the architects, and filled 
 him with the most terrible apprehensions from the new roof, 
 making him believe that the architects had provided a dark 
 hole in the garret, where he was to be chained for life. Hav- 
 ing by these suggestions filled him with rage and terror, she 
 let him loose among the crowd, where he roared and bawled 
 to the annoyance of all by-standers. This circumstance 
 would not have been mentioned but for the opportunity of 
 exhibiting the style and manner in which a deranged and ir- 
 ritated mind will express itself — one of his rhapsodies shall 
 conclude this narrative: 
 
 "The new roof! the new roof ! Oh! the new roof! Shall 
 demagogues, despising every sense of order and decency, 
 frame a new roof? If such bare-faced presumption, arro- 
 gance and tyrannical proceedings will not rouse you, the 
 goad and the whip — the goad and the whip should do it ; but 
 you are careless and insecure sinners, whom neither admoni- 
 tions, entreaties nor threatenings can reclaim — ^sinners con- 
 
5i6 After the Convention Rose. 
 
 signed to unutterable and endless woe. Where is that pusil- 
 lanimous wretch who can submit to such contumely — oh! the 
 ultima Ratio Regium! [He got these three I^atin words from 
 Margery.] Oh! the ultima Ratio Regium! Ah! the days of 
 Nero! ah! the days of Caligula! ah! the British tyrant and 
 his infernal junto — glorious revolution — awful crisis — self- 
 important nabobs — diabolical plots and secret machinations — 
 oh! the architects! the architects — they have seized the gov- 
 ernment, secured power, brow-beat with insolence and as- 
 sume majesty — oh! the architects! they will treat you as con- 
 quered slaves, they will make you pass under the yoke, and 
 leave their gluttony and riot to attend the pleasing sport — 
 oh! that the glory of the Lord may be made perfect — that he 
 would show strength with his arm and scatter the proud in 
 the imaginations of their hearts — blow the trumpet — sound 
 an alarm ! I will cry day and night — behold, is not this my 
 number five — attend to my words, ye women laboring of 
 child — ye sick persons and young children — behold — behold 
 the lurking places, the despots, the infernal designs — lust of 
 dominion and conspiracies — from battle and murder and from 
 sudden death, good Lord deliver us. 
 
 "Figure to yourselves, my good fellows, a man with a cow 
 and a horse — oh the battlements, the battlements, they will 
 fall upon his cow, they will fall upon his horse, and wound 
 them, and bruise them, and kill them, and the poor man will 
 perish with hunger. Do I exaggerate? — no truly — Europe 
 and Asia and Indostan, deny it if you can — oh God! what a 
 monster is man! — A being possessed of knowledge, reason, 
 judgment and an immortal soul — what a monster is man! 
 But the architects are said to be men of skill — then the more 
 their shame — curse on the villains! — they are despots, syco- 
 phants, Jesuits, tories, lawyers — curse on the villains! We 
 beseech thee to hear us — Lord have mercy on us — Oh! — Ah! 
 —Ah!— Oh!" * 
 
 [The author of The New Roof was Francis Hopkinson. 
 This the anti-federalists quickly discovered, and set upon 
 him savagely. These pieces contain nothing but personal 
 abuse, and are therefore not inserted. J 
 
 * Pennsylvania Packet, Dec. 29, 1787. 
 
Receipt for a County Meeting. 517 
 
 Mr. Oswald: At this important crisis, when the sanction 
 of the people is much wanted to the proceedings of our Con- 
 vention, you will please insert the following recipe for mak- 
 ing a county meeting; which upon trial,* I have found to be 
 the best yet used in Pennsylvania, for the purpose of taking 
 the sense of a county and obtaining their sanction to any 
 measure. I am, etc., GouvERO. 
 
 Draw up a set of resolves, enclose them, and (if you have 
 any thing to do with a bank) a five-dollar note, in a letter to 
 a partisan in the county (who must be promised an office, 
 etc.), with the following directions to him, viz: Call on 
 some few of your trusty friends and companions, and proceed 
 as quietly as possible to some one of the little towns (the 
 more out of the way the better), get all the townsmen you can 
 into a tavern, and after laying out the five-dollar note in 
 grog, beer, etc., and you are all grown cheerful, place a hero 
 in the chair, who, after reading the resolves, must order those 
 who do not dislike them to hold up their hands, and of course 
 {nemine contradicente) let them sign them as the unanimous 
 resolve of a meeting of sundry respectable (not disorderly) 
 
 inhabitants of the county of , etc., but care must be 
 
 taken that no stir be made during the time; ten or twelve 
 persons will be sufiicient for a meeting, sooner than make a 
 stir about more; and the company must separate as soon as 
 may be, as the farmers may hear of the meeting and give you 
 interruption; but by all means avoid firing any cannon, as 
 the reports will bring in and conjure up the antifederalists, 
 etc. , which may be attended with dangerous consequences, f 
 
 IMr. Printer: I think it my duty to inform the public, that 
 the aristocrats held an extraordinary meeting, in conse- 
 quence of a special convocation on Friday evening last, at the 
 house of Mr. Epple, at the sign of the Rainbow. This as- 
 sembly, which clearly proclaims their fears of the present 
 spirit of the people, was not so numerous as was expected by 
 
 * Pittsburgh, Carlisle, and Easton. 
 t Independent Gazette, Jan. 10, 1788. 
 
5i8 After the Convention Rose. 
 
 the chieftains. A great number of the persons invited did 
 not attend, and one-fourth at least of those who attended, 
 went there without any invitation. Mr. George Clymer was 
 appointed chairman, and the meeting being organized, Mr. 
 Wilson rose, and made a long pathetic speech, in which he 
 observed that the Democratic party (to which to be sure he 
 gave another name) was daily increasing in consequence of 
 tlie publications which issued constantly from the press 
 against the proposed constitution ; that the aristocrats (to 
 whom also he gave another denomination) had visibly re- 
 laxed of late in their efforts to complete the glorious work 
 they had undertaken. That the press ought to be kept 
 groaning with pieces, paragraphs, anecdotes, and skits of all 
 kinds in favor of the new form of government. That as the 
 publishing and circulating those pieces would be productive 
 of some expense, they had been called together to consult on 
 the propriety of raising money by subscription to defray 
 those charges. In consequence he moved that committees 
 might be appointed in the different wards of the city, to wait 
 on the aristocrats and their dependents, and collect subscrip- 
 tions among them, which motion was carried in the affirma- 
 tive, and committees were consequently appointed. 
 
 The public will now no longer be at a loss to discover the 
 origin of those numerous paragraphs, anecdotes, innuendos 
 and falsehoods, which have begun to flow afresh with greater 
 rapidity from the press; it was necessary to inform them of 
 the means by which the aristocrats intend to carry their mon- 
 strous plan into execution, and of the effect which the present 
 disposition of the people has begun to have upon them. * 
 
 Tom Peep. 
 
 Mr. Oswald: Your correspondent, Tom Peep, who has 
 undertaken to give you an account of the proceedings of the 
 aristocratic meeting at Epple's, has not been quite so partic- 
 ular as I could have wished. He mentions generally that on 
 motion of Mr. Wilson, a committee was appointed to collect 
 
 * Independent Gazetteer, Jan. lo, 1788. 
 
Money for Federal Essays. 519 
 
 subscriptions in the diflFerent wards of the city, for the pur- 
 pose of defraying the expense of printing pieces in favor of 
 the new constitution. But it seems to me from other circum- 
 stances not mentioned by your correspondent, that printing 
 and publishing are not the only uses for which the money is 
 intended. The fact is, that a member of the above meeting, 
 informed the aristocrats met, that 75/. had already been ex- 
 pended for the public service, and that a much larger sum 
 was now wanted, which was no less than Two Thousand 
 pounds! It was accordingly agreed by the meeting to raise 
 that sum by subscription, upon which 131/. were subscribed 
 immediately on the spot, and comhiittees were appointed to 
 collect the remainder. 
 
 Now, Mr. Oswald, it appears to me very proper, that the 
 public should inquire into the nature of those services which 
 require such a large sum as 2000/. In my opinion, it can 
 be no other than that great engine of gouveronian politics, 
 bribery. Such a circumstance seems truly alarming, and 
 will, I hope, convince the people of the necessity of opposing 
 in the bud so dreadful a combination of the rich and well- 
 born against the liberties of the nation. The means which 
 they employ loudly proclaim their design, and loudly call 
 for a speedy, manly, and spirited opposition from the free- 
 born part of the community. * Peep, Junior. 
 
 Mr. Oswald, I blush for human nature; I tremble for the 
 happiness of the United States, when I read such gross and 
 shocking misrepresentation as that published in your paper 
 of this day, under the signature of Peep, Junior. He says 
 that two thousand pounds were mentioned by a person at 
 that meeting, as necessary to be raised, and that 131/. was sub- 
 scribed on the spot. Now I was present the whole time, and 
 must and can declare both assertions to be absolutely untrue. 
 Oh, my fellow citizens of Pennsylvania and of the union at 
 large, how much are you abused by that wretched scribbler! 
 how much is the inestimable privilege of a free press abused 
 to alarm you with false and wanton charges of bribery, con- 
 
 * Independent Gazetteer, Jan. 14, 1788. 
 
520 After the Convention Rose. 
 
 spiracy, and every thing that is fearful! Think for your- 
 selves, and cast away far from you all the suggestions and 
 doctrines of men of such dreadful dispositions. * 
 
 A Freeman. 
 January 12, 1788. 
 
 To the People of America : 
 
 The subject now before you, like all other important mat- 
 ters, has excited much passion, and created innumerable mis- 
 representations. Two writers in the Philadelphia papers 
 have most unwarrantably asserted, that the Quakers of this 
 state are opposed to the proposed federal constitution. That 
 numerous and wealthy society are certainly more universally 
 in favor of it than any other society in this state. It is one 
 of their known principles not to be much concerned in the 
 alterations of governments; wherefore one would naturally 
 suppose it would be difficult to adduce instances to prove 
 their sentiments on the present occasion. It is, however, not 
 impossible, as will be found from the four following facts: 
 
 ist. When the last assembly determined to call a conven- 
 tion, there were seven Quakers members of the House; all of 
 whom attended and voted for the call of a convention, though 
 nineteen members opposed it, and urged that it would be bet- 
 ter to leave it to the next House, then soon to be chosen. 
 
 2d. When some of the members absented themselves the 
 next day, in order to prevent the days of election and meet- 
 ing of the convention from being fixed by that House of As- 
 sembly, the seven Quakers duly attended, and all voted with 
 the majority on the several points that were moved as neces- 
 sary to arrange and prepare for the business of the convention. 
 
 3d. Eight Quakers were chosen members of the State con- 
 vention, and all took their seats. They all voted against 
 postponing the final determination on the constitution till the 
 spring, which was attempted by the minority. 
 
 4th. The same eight Quakers all voted for the adoption of 
 the proposed federal constitution in toto, and for the grant to 
 Congress of the jurisdiction of ten miles square within this 
 commonwealth for the seat of the federal government. 
 * Independent Gazetteer, Jan. 15, 1788. 
 
Objections of Randolph^ Mason, and Gerry. 521 
 
 If the Quakers were really opposed to the new constitution, 
 they could have made up many times the number of votes 
 that were given in at the election of members of convention 
 in this city for the candidates who wished to alter the pro- 
 posed federal form of government. The votes ran variously 
 from 230 to 270 for the different persons of that description. 
 The name of Dr. Franklin, whom the Quakers venerate, was 
 put into the unsuccessful ticket, I am persuaded, without his 
 permission. This the Quakers were convinced of, and not 
 approving of the rest of the men, or approving of the suc- 
 cessful members, the ticket of the antifederalists, as is evident 
 from the number of votes, received neither their countenance 
 nor support* Undeniable Facts. 
 
 Philadelphia, January 14. 
 
 To the People of the United States : 
 
 When we observe how much the several gentlemen of the 
 late convention, who declined to sign the federal constitution, 
 differ in their ground of opposition, we must see how improb- 
 able it is that another convention would unite in any plan. 
 Colonel Mason and Mr. Gerry complain of the want of a bill 
 of rights : Governor Randolph does not even mention it as 
 desirable, much less as necessary. Colonel Mason objects to 
 the powers of Congress to raise an army; Governor Randolph 
 and Mr. Gerry make no objections on this point, but the 
 former seems to think a militia an inconvenient and uncer- 
 tain dependence, which is contrary to our opinions in Penn- 
 sylvania. Mr. Randolph gives up the objection against the 
 power of Congress to regulate trade by a majority ; Mr. 
 Mason complains of this, and says the objection is insupera- 
 ble ; Mr. Gerry does not say one word against it. Mr. Ran- 
 dolph wishes the president ineligible after a given number of 
 years ; Mr. Mason and Mr. Gerry do not make this one of 
 their objections. Mr. Randolph objects to ambiguities of ex- 
 pression; Mr. Mason does not. Colonel Mason objects to the 
 slave trade on the principles of policy merely; Mr. Gerry and 
 Mr. Randolph make no such objection. Mr. Mason objects 
 
 *Indepeadent Gazetteer, Jan. 15, 1788. 
 
522 After the Convention Rose. 
 
 to the power of the president to pardon for treason; Mr. 
 Gerry makes no such objection, and Mr. Randolph wishes 
 only that the offender may be convicted before the president 
 shall have power to pardon! This appears to be a legal sole- 
 cism. Mr. Randolph objects to the power of Congress to de- 
 termine their wages (the privilege of every legislature in the 
 Union); but Mr. Gerry and Colonel Mason do not object to 
 this power. Mr. Randolph objects to the president's power 
 of appointing the judges ; Mr. Gerry and Colonel Mason do 
 not. Mr. Gerry says the people have no security for the right 
 of election; Colonel Mason and Mr. Randolph do not make 
 this objection. Mr. Gerry and Mr. Mason think the repre- 
 sentation not duly provided for; Mr. Randolph expresses no 
 such idea. Mr. Mason objects to the want of security for the 
 common law, to the power of the Senate to alter money bills, 
 to originate applications of money, to regulate the officers' 
 salaries, to the want of a privy council, to the vice-president, 
 to the want of a clause concerning the press, and to the want 
 of power in the States to lay imposts on exports, not one of 
 which are stated as objections by Mr. Randolph or Mr. Gerry. 
 Mr. Randolph objects to the want of a proper court of im- 
 peachment for Senators (though the State courts of impeach- 
 ment can always take cognizance of them) ; Mr. Gerry and 
 Colonel Mason do not hold this exceptionable. Colonel 
 Mason objects to the States or Congress being restrained 
 from passing ex post facto laws; Mr. Randolph and Mr. 
 Gerry do not. 
 
 The minority of the Pennsylvania convention, on the other 
 hand, differ from all these gentlemen. They say the defects 
 of the old confederation were not discovered till after the 
 peace, while Mr. Randolph says the short period between the 
 ratification of the old constitution and the peace was distin- 
 guished by melancholy testimonies of its defects and faults. 
 
 The minority object because some of the persons appointed 
 by Pennsylvania have disapproved of our State constitution, 
 which differs from those of eleven States in the Union in the 
 want of a division of the legislature, and in having nineteen 
 persons to execute the office of governor, whose number will 
 
Objections of Randolph^ Mason, and Gerry. 523 
 
 be increased by the addition of one more for every new 
 county. 
 
 The minority object to the latitude taken by the conven- 
 tion. We find no such objection made by Mr. Randolph, Mr. 
 Gerry, or Colonel Mason. Mr. Gerry says in his letter, it 
 was necessary, and Mr. Mason insisted strongly in the house, 
 that the convention could not do their business, unless they 
 considered and recommended everything that concerned the 
 interests of the United States, though the strict letter of their 
 powers was supposed by some not to extend so far. The 
 minority say religious liberty is not duly secured, which is 
 omitted as an objection by all of the three gentlemen above 
 named. The right of the people to fish, fowl and hunt, the 
 freedom of speech, provision against disarming the people, a 
 declaration of the subordination of the military to the civil 
 power, annual elections of the representatives, and the organ- 
 ization and call of the militia, are considered by the minority 
 of our convention as on an exceptionable footing; but none 
 of these are even mentioned by Governor Randolph, Mr. Ma- 
 son or Mr. Gerry. 
 
 The minority desire a declaration that such powers as are 
 not expressly given shall be considered as retained; Mr. Ran- 
 dolph thinks this unnecessary, for that the States retain 
 everything they do not grant; Mr. Gerry is silent on this 
 head. The minority desire a constitutional council for the 
 president; Mr. Gerry and Mr. Randolph do not. The minor- 
 ity except against powers to erect a court of equity being 
 vested in the federal government, to which neither of the 
 above gentlemen express any dislike. The minority desire a 
 bill of rights, and object to the smallness of the representa- 
 tion, which Mr. Randolph does not. They object to the term 
 of duration of the legislature, which none of the above gen- 
 tlemen find fault with. Nor does the account of particulars 
 end here. The objections severally made by the three honor- 
 able gentlemen, and the Pennsylvania minority are so diflfer- 
 ent and even discordant in their essential principles, that all 
 hope of greater unanimity of opinion either in another con- 
 vention or in the people must be given up by those who know 
 
524 After the Convention Rose. 
 
 the human heart and mind, with their infinitely varying feel- 
 ings and ideas. Philanthropos. 
 January 15, 1788.* 
 
 Mr. Printer: Our two celebrated sowers of sedition, Centinel 
 and Philadelphiensis^ the one in Mr. Oswald's, the other in 
 Mr. Bailey's paper of this day, exhibit a striking proof of 
 what falsehoods disappointed ambition is capable of using to 
 impose tipon the public. The real patriot, sir, is the watch- 
 ful guardian of the people's liberties. The designing incen- 
 diary, well aware of the reception his base undertakings 
 would meet with from an injured and insulted people, is 
 obliged to assume the appearance of the real patriot, and 
 fully pretend himself a friend to his country; but his infamous 
 designs will still appear through his hypocritical mask; for 
 truth being unfit for his purpose, he will be obliged to have 
 recourse to falsehood; and this is the best criterion for dis- 
 tinguishing between the mock and the real patriot — the dis- 
 guised enemy and the open friend of liberty. 
 
 What, sir, has been the conduct of the two incendiaries 
 above-mentioned? The one in a series of 12, the other in a 
 series of 8 performances, which for the sophistry of their 
 reasoning, and falsity of their assertions, are unparalleled in 
 ancient or modern times, have disgraced the enlightened capi- 
 tal of Pennsylvania. 
 
 These hireling writers and hackneyed drudges of tottering 
 power, jealous of the rising greatness of America, and con- 
 vinced of the unstable ground on which they stand, have 
 dared, Semprouius-like, to bellow out for that country, the 
 happiness of which they fear will be their downfall. They 
 have told the public that the proprietor of the Pennsylvania 
 Herald has dismissed his editor, and that some of the sub- 
 scribers to that paper have withdrawn their subscriptions — 
 for, what more is expressed by all the high-sounding, inflam- 
 matory bombast they have bellowed forth? What inference 
 do they attempt to draw from these positions? That the 
 conspirators, as they are pleased to term the federal citizens 
 
 * Independent Gazetteer, Jan. i6, 1788. 
 
'''' Great Namesy 525 
 
 of Pennsylvania, are endeavoring to destroy the liberty of the 
 press — for shame! ye illustrious citizens, who have braved 
 every danger of establishing the freedom of your country, 
 are you thus to be traduced and slandered with impunity ? 
 If the proprietor of a paper dismisses his editor, must your 
 patriotism be called in question, by the villainous enemies of 
 America! If some of you wish no longer to contribute to the 
 support of a newspaper, (which, instead of debates in the 
 convention of Pennsylvania, has contained the most glaring 
 falsehoods, and the grossest misrepresentations which its edi- 
 tor was capable of inventing,) must you, in consequence of 
 this, be branded with infamy, as enemies to the freedom of 
 the press? If you must, I confess printers of newspapers 
 have an exclusive privilege, enjoyed by no other set of men 
 upon earth, of making the public pay them for what they 
 neither wish to purchase nor to read. A Real Patriot. 
 23d January, 1788.* 
 
 Mr. Oswald : The admirers of the new constitution are con- 
 tinually blazing away on the great names which are said to 
 be in favor of the system ; but it is hoped that the good sense 
 of the people of these states is not to be deceived by such 
 flimsy arguments. If great names were to be the test of 
 truth, it would frequently make sad work in religion, phi- 
 losophy and politics. The Divine Oracles assert that great 
 men are not always wise, and the history of the world demon- 
 strates there is no perfection in human beings. What so 
 delusive and fascinating in its nature as power ? Nothing 
 more apt to prejudice and mislead our minds, and to render 
 our conduct and temper inconsistent. Where ambition may 
 be concerned, an Archangel is not to be trusted. 
 
 As these premises are true, I could wish there would be no 
 more attempts to delude the people with the authority of 
 names; for, if the favorers of the new leviathan persist in 
 such a mode of reasoning, it will become necessary to inves- 
 tigate the characters of those who are thus held up as the 
 greatest patriarchs to the admiration of the public. It has 
 
 * Independent Gazetteer, Jan. 28, .1788. 
 
526 After the Convention Rose. 
 
 been observed, too, that those paragraphists do not always 
 adhere to truth, as may be seen in some of our late prints, 
 ■where it is said, that "the same characters which took the 
 lead in each of the states, in the struggle for liberty, in the 
 glorious years of 1775 and 1776, now take the lead in their 
 exertions to establish the federal government." 
 
 Amongst the great names, Few, Telfair and Baldwin are 
 mentioned as leading characters at this early period in 
 Georgia. Now it is well known that Mr. Few was originally 
 a bricklayer in North Carolina, removed to Georgia, and but 
 lately of any consideration in public life. As to Telfair, he 
 with Doctor Zubly and many others, was taken up and put 
 in confinement by order of the governor of that state, in the 
 year 1776, being deemed as inimical to the American cause. 
 
 Mr. Baldwin's political existence is of much later date. 
 On Sunday, 24th December, 1780, I happened to be at 
 Nassau Hall, Princeton, and heard Mr. Baldwin pray and 
 read a sermon there, for want of a parson, the Reverend Mr. 
 S being at Philadelphia. At that time he was un- 
 known in the great world, and acted as college steward. 
 There are some others among the great names that have been 
 given us, who are not to be met with in the annals of 1775 
 and 1776, and who have no pretensions to be considered as 
 leaders at this or any other period; neither did they endure 
 any more "cold, hunger and nakedness," than ten thousand 
 besides of their fellow citizens. It has long been an expen- 
 sive folly of America to admire great names, and to make great 
 men; hence it is that we have been sending commissioners, 
 ambassadors, agents, etc., etc., to London, Paris, Madrid, 
 Petersburgh, Amsterdam, and even to the Grand Duke of 
 Tuscany, to borrow money and to spend it; and we want to 
 repeat the same follies, though it is evident as the meridian 
 glory of the sun, that nothing can save America but the 
 weaning ourselves from European attachments. * 
 
 Ak OIvD American. 
 
 Philadelphia, February 8, 1788. 
 
 * Independent Gazetteer, Feb. 11, 1788. 
 
'''' Antifederal Lies.'''' 527 
 
 Mr. Oswald : As the times are bad, and I am out of work, 
 I have more leisure than I used to have to read news- 
 papers. In reading your paper of this day, I observe a scrib- 
 bler, who calls himself An Old American, attempts, to dero- 
 gate from the consequence of the worthy delegates from 
 Georgia in the late Federal Convention. I have no knowl- 
 edge of these gentlemen, except from character, but by their 
 works I conclude they are honest patriots. He particularly 
 affects to despise the Honorable Mr. Few, saying he was a 
 bricklayer. But tell this antifederal tool (a secret which he 
 does not seem to know) that virtue alone ennobles human 
 nature; and that an honest mechanic who serves his country 
 faithfully is as well deserving of her favor as another. Tell 
 him also, that if we judge of Mr. Few's mechanical by his 
 political bricklaying, we shall think him an excellent artist, 
 for he has helped to build a noble mansion for the residence 
 of American liberty. A Bricklayer. 
 
 February nth.* 
 
 Mr. Oswald: Having sometimes met in English newspapers 
 with articles entitled ' ' Bankruptcies this week, " " Casualties 
 this week," etc., etc., I once intended to publish in your 
 Gazetteer, being a customer, a periodical list, in like manner, 
 of all the falsehoods uttered in print by the Centinel, Phila- 
 delphiensis, and their associates, under the title of Antifed- 
 eral lies this week, believing that if every lie was to be 
 punished by clipping, as in the case of other forgeries, not 
 an ear would be left amongst the whole party. From this 
 undertaking, however, I was deterred on reflecting that in 
 order to get at the said lies, the eye not being particularly 
 solicited to them by italics, which would have saved an 
 abundance of trouble, and which I therefore recommend to 
 their future practice, I must at least have been under the 
 necessity generally of going through a prodigious mass of 
 heavy arguments and dull invective — a labor of most dread- 
 ful discouragement! Had the Old American^ who certainly 
 is young in the art of political lying, but been so prudent 
 * Independent Gazetter, Feb. 15, 1788. 
 
528 After the Convention Rose. 
 
 as to mix up his falsified facts in a great bundle of other 
 villainous ingredients, after the example of some of his 
 brethren of long-winded memory, they would probably have 
 passed off unnoticed, but I have to thank him for making his 
 whoppers the single subject of the piece, and thus by express- 
 ing the whole, make it impossible for them to escape even 
 the slightest glance. 
 
 His subject is three gentlemen of Georgia — Mr. Few he 
 affirms to have been but of little account until late — ^but this 
 gentleman was in Congress as long ago at least as the year 
 1781. Mr. Telfair (who by the bye was not in the federal 
 convention) was it seems an enemy to his country in 1776. 
 How is this reconcilable with the confidence reposed in him 
 by his country so soon after, and in more trying and dangerous 
 times ? for we find Mr. Telfair's name to the first articles of 
 confederation, in July, 1 778. But the boldest whopper of all is 
 what relates to Mr. Baldwin — who, says the writer, on Sun- 
 day, the 34th December, in the year of our Lord, 1780, occa- 
 sionally read public prayers at Princeton College, being then 
 the steward of the college. Now it is known to twenty lads 
 here who have resided at that college, that Baldwin, the 
 steward, had been a farmer in the neighborhood, and that he 
 since removed to New York, where he at present keeps a 
 boarding-house. 
 
 But if it be the general purpose to charge the new system 
 upon the well born, why endeavor to show that Mr. Few was 
 once a bricklayer, for which, indeed, we have only this Old 
 American's blasted word. Indeed, on this subject of incon- 
 sistency I am surprised, considering how few are the antifed- 
 eral writers, though the signatures be many, that they do not 
 oftener lay their loggerheads together — this would at least 
 save them from many contradictions, than which nothing 
 can be more disreputable to a party — for instance, with respect 
 to the conspiracy carrying on against B — n and Co., while 
 the Centinel asserts that its authors are the powerful and the 
 wealthy, Philadelphiensis affirms them to be men of no 
 consideration and of desperate fortunes. * GoMES. 
 
 * Independent Gazetteer, Feb. 16, 1788. 
 
Charges Against the Post- Office. 539 
 
 ON THE NEW CONSTITUTION. 
 
 In evil hours his pen 'Squire Adams drew, 
 Claiming dominion to his well-born few: 
 In the gay circle of St. James's placed, 
 He wrote, and, writing, has his work disgraced. 
 Smit with the splendor of a British King, 
 The crown prevailed, so once despised a thing ! 
 Shelburne and Pitt approved of all he wrote, 
 While Rush and Wilson echo back his note. 
 
 Tho' British armies could not here prevail. 
 Yet British politics shall turn the scale ; 
 In five short years of Freedom weary grown. 
 We quit our plain republics for a throne ; 
 Congress and President full proof shall bring 
 A mere disguise for Parliament and King. 
 
 A standing army! — hence the plan so base ; 
 A despot's safety — liberty's disgrace. 
 Who sav'd these realms from Britain's bloody hand, 
 Who but the generous rustics of the land ? 
 That free-born race, inured to every toil. 
 Who tame the ocean and subdue the soil. 
 Who tyrants banished from this injured shore, 
 Domestic traitors may expel once more. 
 
 Ye who have bled in Freedom's sacred cause, 
 Ah, why desert her maxims and her laws ? 
 When thirteen states are mouldered into one, 
 Your rights are vanished, and your honors gone 
 The form of Freedom shall alone remain. 
 As Rome had senates when she hugged the chain. 
 Sent to revise your systems — ^not to change — 
 Sages have done what reason deems most strange : 
 Some alteratioris in our fabric we 
 Calmly proposed, and hoped at length to see — 
 Ah, how deceived ! — ^these heroes in renown 
 Scheme for themselves, and pull the fabric down — 
 Bid in its place Columbia's tomb-stone rise. 
 Inscribed with these sad words — Here freedom lies ! * 
 
 [The State of Massachusetts having adopted the constitu- 
 tion, the antifederalists asserted that newspapers expressing 
 their views had been suppressed in the mails by the federal- 
 ists. Newspapers at that time were not mailable, and the 
 post offices could not be forced to take them. They were 
 carried by the riders on such terms as they could make with 
 
 * Independent Gazetteer, Mar. xo, 17S8. 
 
 34 
 
530 After the Convention Rose. 
 
 the printers. After the charge of suppressing the newspapers 
 had been repeated many times, the postmaster made this 
 denial. ] 
 
 General Post-Office^ New York, March ip, iy88. 
 
 Several paragraphs having lately appeared in some of the 
 newspapers, reflecting upon the conduct of the offices of this 
 department, on account of irregularity in the transportation 
 of newspapers, and indecent attacks of a more recent date, 
 replete with illiberality and rancour, having been made upon 
 the postmaster general, on the same account, he thinks it 
 necessary to state the following facts in order to prevent any 
 undue impressions being made upon the public mind ; viz : 
 
 That the post-pffice was established for the purpose of fa- 
 cilitating commercial correspondence, and has, properly speak- 
 ing, no connection with newspapers, the carriage of which 
 was an indulgence granted to the post-riders, prior to the 
 revolution in America. 
 
 That the riders stipulated with the printers for the car- 
 riage of their papers, at a price which was agreed upon be- 
 tween them, and this price was allowed as a perquisite to the 
 readers. 
 
 That newspapers have never been considered as a part of 
 the mail, nor (until within a very few years) admitted into 
 the same portmanteau with it, but were carried in saddle- 
 bags provided for that purpose by the riders, at their own 
 expense. 
 
 That to promote general convenience, the postmasters (not 
 officially) undertook to receive and distribute the newspapers 
 brought by the riders, without any other compensation for 
 their trouble than the compliment of a newspaper from each 
 printer. ■ 
 
 That although the United States in Congress assembled, 
 from an idea that beneficial improvements might be made in 
 the transportation of the mail, have directed alterations as to 
 the mode of carrying it; yet they have not directed any to be 
 made in the custom respecting newspapers ; and 
 
 That the postmaster-general has given no orders or direc- 
 tions about them, either to the postmasters or to the riders. 
 
The Essay of '■'■ Farmer.'''' 531 
 
 From this succinct state of facts, the postmaster-general 
 apprehends it will clearly appear, that so far as the post-office 
 is concerned, the carriage of newspapers rests exactly on its 
 original foundation ; and that the attempts to excite clamor 
 against the department must have some other source than a 
 failure in duty on the part of the officers. * 
 
 For the Independent Gazetteer. 
 THE FALLACIES OK THE FREEMAN DETECTED BY A FARMER. 
 
 Some weeks since there was published in the Carlisle Ga- 
 zette an address to the minority of the late convention of this 
 State, under the signature of a Freeman, which I then sup- 
 posed had been written by some well-meaning person of that 
 place, who had not yet entered the porch of political knowl- 
 edge, who was thus unacquainted with the nature of sover- 
 eignty, and incapable of distinguishing ministerial agency 
 from the exercise of sovereignty; I therefore took no espec- 
 ial notice of it, until happening to see a Philadelphia news- 
 paper, I found the address had originated there, and was as- 
 cribed to a gentleman who is far from being ignorant, as I 
 had candidly supposed the author to be, but who hath hab- 
 ituated himself to presume much upon the supposed igno- 
 rance of the people, and whose expectation of future sup- 
 port and grandeur hath probably been very influential in 
 framing and promoting the proposed system of government. 
 Upon this discovery, I read the address again with more at- 
 tention, and resolved to communicate, through your useful 
 paper, the result of my observations thereon. I do not, how- 
 ever, design to answer the address in detail, but to establish 
 and explain such general principles as may assist people in 
 judging for themselves, and have a tendency to detect the 
 sophistry which characterizes the performance. In order to 
 do this, I shall explain: 
 
 First. The nature of sovereignty. 
 
 Second. Of a federal republic. 
 
 Third. Of a consolidated government. 
 
 Fourth. The nature of ministerial agency. 
 
 *Tlie Freeman's Journal, Marcli 26, 1788. 
 
532 After the Convention Rose. 
 
 Fifth. Examine the address to the minority (the occasion 
 of these enquiries). 
 
 Sixth. Conclude with some general observations on the 
 times. 
 
 I return to the first then : From the very design that in- 
 duces men to form a society that has its common interests, 
 and to promote and secure which it ought to act to concert, 
 it is necessary that there should be established a public 
 authority, to order and direct what ought to be done by each 
 individual as he stands in relation to the society itself, or to 
 the individual members thereof; and this public authority, 
 consisting of that portion of natural liberty which each mem- 
 ber surrenders to the society, to be exercised for the common 
 advantage, is the sovereignty which is often called political 
 authority. If this sovereignty or political authority be vested 
 in and exercised by the whole people, as in some of the an- 
 cient republics, or if it be delegated to representatives chosen 
 by the people from among themselves, as in modern times, 
 the government is called a democracy. If, on the contrary, 
 the sovereignty be in a particular class of citizens who have 
 not a common interest with the people at large, or body of 
 the nation, it is called an aristocracy; and if in a single 
 person, a monarchy or despotism; and these three kinds may 
 be variously combined and modified, as in the British govern- 
 ment and others; but every nation that governs itself by its 
 own laws, let the form of government be what it may, is a 
 sovereign state. 
 
 Sovereignty, therefore, consists in the understanding and 
 will of the political society, and this understanding and will 
 is originally and inherently in the people; the society having 
 vested it where and in what manner it pleases, he or they to 
 whom it is delegated is the sovereign, and is thus vested with 
 the political understanding and will of the people, for their 
 good and advantage solely. 
 
 The power of making rules or laws to govern or protect the 
 society is the essence of sovereignty, for by this the executive 
 and judicial powers are directed and contracted, to this every 
 ministerial agent is subservient, and to this all corporate or 
 
The Essay of '■'■Farmer.'''' 533 
 
 privileged bodies are subordinate; this power not only regu- 
 lates the conduct, but disposes of the wealth and commands 
 the force of the nation. To keep this sovereign power, there- 
 fore, in due bounds, fundamental laws, which we call consti- 
 tutions and bills of rights, have been made and declared. 
 Scarcely hath the wisdom of man, matured by the experience 
 of ages, been able with all the checks, negatives and balances, 
 either of ancient or modem invention, to prevent abuses of 
 this high sovereign authority. 
 
 Here I may possibly be misunderstood; it may perhaps be 
 objected, that in Great Britain the King is called the Sove- 
 reign, and that he is an executive and not legislative officer. 
 True, the king of Great Britain is the supreme executive of 
 the nation, but it is not this alone that constitutes him a sov- 
 ereign; he hath a negative over the legislative. The laws 
 are made by and with his consent, and are called the King's 
 Laws; he calls, prorogues and dissolves his Parliament when 
 he pleases; the Parliament indeed so manage that the neces- 
 sity of the case obliges him to convene them frequently, but 
 he is not obliged to do it by the constitution; so that, pro- 
 perly speaking, it is the King and Parliament of Great Bri- 
 tain which is sovereign. However, if the legislative author- 
 ity were to be distributed in various portions, that man, 
 or body of men, who should be vested with the sole and un- 
 controlled power of taxation, would eventually become the 
 sovereign ; for whoever can command our whole property has 
 the means in his power of ruling us as he pleases, because (as 
 Montesquieu says) "sovereignty necessarily follows the power 
 of taxation." 
 
 Secondly. I shall proceed to define a federal republic. A 
 federal republic is formed by two or more single or consoli- 
 dated republics, uniting together by a perpetual confederacy, 
 and without ceasing to be distinct states or sovereignties, 
 they form together a federal republic or an empire of states. 
 As individuals in a state of nature surrender a portion of their 
 natural liberty to the society of which they became members, 
 in order to receive in lieu thereof protection and conveniency ; 
 so in forming a federal republic the individual states surren- 
 
534 After the Convention Rose. 
 
 der a part of their separate sovereignty to the general govern- 
 ment or federal head, in order that, whilst they respectively 
 enjoy internally the freedom and happiness peculiar to free 
 republics, they may possess all that external protection, secur- 
 ity, and weight by their confederated resotirces, that can pos- 
 sibly be obtained in the most extended, absolute monarchies. 
 
 The peculiar advantages and distinctive properties of a fed- 
 eral republic are that each state or member of the confedera- 
 tion may be fully adequate for every local purpose, that it 
 may subsist in a small territory, that the people may have a 
 common interest, possess a competent knowledge of the re- 
 sources and expenditures of their own particular government, 
 that their immediate representatives in the state governments 
 will know and be known by the citizens, will have a common 
 interest with them, and must bear a part of all the burdens 
 which they may lay upon the people; that they will be re- 
 sponsible to the people, and may be dismissed by them at 
 pleasure ; that therefore the government would be a govern- 
 ment of confidence, and possess sufficient energy without the 
 aid of standing armies; that the collectors of the revenue 
 would at least have the bowels of citizens, and not be the off- 
 scourings of Europe, or other states who have no interest in, 
 or attachment to the people; that if one or more of the states 
 should become the prey of internal despotism, or foreign foes, 
 the other states may remain secure under the protection of 
 their own state government; that if some popular and wealthy 
 citizen should have influence enough to attempt the liberties 
 of one state, he might be stopped in his career by the inter- 
 position of the others, for his influence could not be equally 
 great in all the states; that if the general government should 
 fail, or be revised or changed, yet the several state govern- 
 ments may remain entire to secure the happiness of the citi- 
 zens; and that the members of a confederated republic may 
 be increased to any amount, and consequently its external 
 strength, without altering the nature of the government, or 
 endangering the liberty of the citizens. 
 
 The perfection of a federal republic consists in drawing the 
 proper line between those objects of sovereignty which are of 
 
Whai is a Consolidated Government. 535 
 
 a general nature, and which ought to be vested in the federal 
 government, and those which are of a more local nature, and 
 ought to remain with the particular governments; any rule 
 that can be laid down for this must vary according to the sit- 
 uation and circumstances of the confederating states; yet 
 still this general rule will hold good, viz: that all that por- 
 tion of sovereignty which involves the common interest of all 
 the confederating states, and which cannot be exercised by 
 the states in their individual capacity without endangering 
 the liberty and welfare of the whole, ought to be vested in 
 the general government, reserving such a proportion of sov- 
 ereignty in the state governments as would enable them to 
 exist alone, if the general government should fail, either by 
 violence or with the common consent of the confederates. 
 The states should respectively have laws, courts, force and 
 revenues of their own sufficient for their own security ; they 
 ought to be fit to keep house alone if necessary. If this be 
 not the case, or so far as it ceases to be so, it is a departure 
 from a federal to a consolidated government; and this brings 
 me to the next particular, which is to show what is meant by 
 Q consolidated government. 
 
 Thirdly. The idea of a consolidated government is easily 
 understood, where a single society or nation forms one entire 
 separate government, and possesses the whole sovereign 
 power ; this is a consolidated or national government. Whether 
 a government be of a monarchical, aristocratical or democrat- 
 ical nature, it doth not alter the case; it is either a federal or 
 a consolidated government, there being no medium as to kind. 
 The absoluteness of a despotic sovereignty is often restricted 
 by corporate bodies, who are vested with peculiar privileges 
 and franchises, and by a just distribution of the executive 
 and ministerial powers; but although these may contribute 
 to the happiness of the people, yet they do not change the 
 nature of the government. Indeed, monarchies can never 
 form a federal government; they may enter into alliances 
 with each other; for monarchy cannot be divested of a 
 competent proportion of sovereignty to form a general 
 government without changing its nature. It is only free 
 
536 After the Convention Rose. 
 
 republics that can completely and safely form a federal re- 
 public; I say free republics, for there are republics who are 
 not free, such as Venice, where a citizen carrying arms is 
 punished with instant death, and where even the nobles dare 
 not converse with strangers, and scarcely with their friends, 
 and are liable by law to be put to death secretly without 
 trial — or Poland, which, in much the same words that are 
 expressed in the new system, is by a league with the neigh- 
 boring powers guaranteed to be forever independent and of a 
 republican form ; yet a writer of their own says that the body 
 of the people are scarcely to be distinguished from brutes; and 
 again he says, ' ' we have reduced the people of our kingdom 
 by misery to a state of brutes; they drag out their days in 
 stupidity, ' ' etc. Free republics are congenial to a federal re- 
 public. In order that a republic may preserve its liberty, it 
 must not only have a good form of government, but it must 
 be of small extent; for if it possess extensive territory, it 
 would be ruined by internal imperfection. The authority of 
 government in a large republic does not equally pervade all 
 the parts; nor are the political advantages equally enjoyed 
 by the citizens remote from the capital as by those in the 
 vicinity; combinations consequently prevail among the mem- 
 bers of the legislature, and this introduces corruption, and is 
 destructive of that confidence in government, without which 
 a free republic cannot be supported ; besides, the high influ- 
 ential trusts which must be vested in the great ofl&cers of state, 
 would at particular times endanger the government, and are 
 necessarily destructive of that equality among the citizens, 
 which is the only permanent basis of a republic ; in short, the 
 diversity of the situation, habits, manners, and interests of the 
 people in an extensive dominion, subjects the government to 
 a thousand accidents, which would embarrass a republican 
 government. The experience of nations and the nature of 
 things, sufiiciently prove that the government of a single 
 person, aided by armies and controlling influence, is necessary 
 to govern a large consolidated empire. 
 
 And on the other hand, if the territory be small, the repub- 
 lic is liable to be destroyed by external force, therefore, reason 
 
Powers of a Good Governmeni. 537 
 
 and observation point out a confederation of republics, as the 
 only method to preserve internal freedom, together with ex- 
 ternal strength and respectability. Small republics forming^ 
 a federal republic on these principles, may be resembled to 
 divers small ropes plaited together to make a large and strong 
 one; if the latter is untwisted, the small ropes are still useful 
 as such, but if the former are untwisted, they are reduced to/ 
 hemp, the original state. 
 
 To apply these principles to our present situation without 
 respect to the proposed plan of government: in order to ren- 
 der the federal government adequate to the exigencies of the 
 confederating states, it is necessary not only that the general 
 government should be properly constructed in its forms, but 
 that it should be vested with powers relative to all the federal 
 objects of government; these objects are not only the powers 
 of making peace and war, etc. , but also with the power of 
 making treaties respecting commerce, regulating and raising 
 revenues therefrom, etc., to make requisitions of money when 
 necessity requires it, from each of the states, and a certain 
 well-described power of compelling delinquent states to pay 
 up their quota of such requisitions — perhaps if each State had 
 its own share of the domestic debt quoted, so as they might 
 each pay their own citizens, the general revenues would be 
 sufficient for the other demands of the Union in times of 
 peace, if the government itself be not made too expensive by 
 too great a number of officers being created. Congress ought, 
 however, to have all powers which cannot be exercised by 
 one state without endangering the other states, such as the 
 power of raising troops, treating with foreign nations, etc. — 
 The power of levying imposts will, by the particular states, 
 be irregularly exercised, and the revenue in a great degree 
 lost or misapplied; therefore, it ought not to be left with the 
 states, but under proper checks, vested in the general gov- 
 ernment. All these the minority were amongst the foremost 
 willing to have vested in the federal head, and more than 
 this had never been asked by Congress, nor proposed by the 
 greatest advocates for congressional power, nor is more than 
 this consistent with the nature of a federal republic. When 
 
538 After the Convention Rose. 
 
 the existing confederation was adopted, powers were given 
 with a sparing hand, and perhaps not improperly at that 
 period, until experience should point out the discriminating 
 line with sufficient certainty, well knowing that it is easy 
 for a government to obtain an increase of power when com- 
 mon utility points out the propriety, but that powers once 
 vested in a government, however dangerous they may prove, 
 are rarely recovered without bloodshed, and even that awful 
 method of regaining lost liberty is seldom effectual. It is now, 
 however, evident that the power of regulating commerce, be- 
 ing of a general nature, ought to belong to the general govern- 
 ment, and the burthen of debt incurred by the Revolution 
 hath rendered a general revenue necessary; for this purpose im- 
 posts upon articles of importation present themselves, not only 
 as a productive source of revenue, but as a revenue for which 
 the governments of the particular states are, for well-known 
 reasons, incompetent. The danger of entrusting a government 
 so far out of the people's reach as Congress must necessarily be, 
 strongly impressed the public mind about four or five years 
 since, but now a conviction of the advantage and probable 
 safety of such a measure pervades almost every mind, and 
 none are more willing for putting it in operation, under 
 proper guards, than the opposers of the new system ; they are 
 also willing to admit what the majority of the states may 
 judge proper checks in the form of the general government, 
 as far as those checks, or the distribution of powers, and re- 
 sponsibility of those who be vested with those powers, may be 
 consistent with the security of the essential sovereignity of 
 the respective states. The minority of the convention (who 
 I really believe, in their address, express the serious senti- 
 ments of the -majority of this state) opposed vesting such 
 powers in Congress as can be most effectually exercised by 
 the state governments in a full consistency with the general 
 interests of the confederating states, and which, not being of 
 a general nature, are not upon federal principles, objects of 
 the federal government. I mean the power of capitation, or 
 poll tax, by which the head, or in other words, the existence 
 of every person, is put in their power by the new system as a 
 
Powers Delegated to Congress. 539 
 
 property, subject to any price or tax that may be judged 
 proper. I do not mean to say that this implies the power of 
 life and death, although it certainly implies the power of 
 selling the property, or if none is to be had, of imprisoning 
 or selling the person for a servant, who doth not choose, or is 
 not able to pay the poll tax; the minority also objected to 
 vesting Congress with power to tax the property, real and 
 personal, of the citizens of the several states, to what amount, 
 and in what manner it may please, without any check or con- 
 trol upon its discretion; also to the unlimited power over the 
 excise; if this could extend only to spirituous liquors, as is 
 usual with us, the danger would be less; but the power of ex- 
 cise extends to everything we eat, drink, or wear, and in 
 Europe it is thus extensively put in practice. Under the 
 term duties, every species of indirect taxes is included, but it 
 especially means the power of levying money upon printed 
 books, and written instruments. 
 
 The Congress, by the proposed system, have the power of 
 borrowing money to what amount they may judge proper, 
 consequently to mortgage all our estates, and all our sources 
 of revenue. The exclusive power of emitting bills of credit 
 is also reserved to Congress. They have, moreover, the 
 power of instituting courts of justice without trial by jury, 
 except in criminal cases, and under such regulations as Con- 
 gress may think proper to decide, not only in such cases as 
 arise out of all the foregoing powers, but in the other cases 
 which are enumerated in the system. 
 
 The absolute sovereignity in all the foregoing instances, as 
 well as several others not here enumerated, is vested in the 
 general government, without being subject to any constitu- 
 tional check or control from the state governments. * 
 
 It remains to examine the nature of the powers which are 
 left with the states, and on this subject it is not necessary to 
 follow the Freeman through the numerous detail of particulars 
 with which he confuses the reader. I shall examine only a 
 few of the more considerable. The Freeman in his second 
 number, after mentioning in a very delusory manner diverse 
 
 * Independent Gazetteer, Apr. 15, 1788. 
 
540 After the Convention Rose. 
 
 powers which remain with the states, says we shall find 
 many other instances under the constitution which require or 
 imply the existence or continuance of the sovereignty and 
 severalty of the states; he, as well as all the advocates of the 
 new system, take as their strong ground the election of sena- 
 tors by the state legislatures, and the special representation 
 of the states in the federal senate, to prove that internal sov- 
 ereignty still remains with the States; therefore they say that 
 the new system is so far from annihilating the state govern- 
 ments, that it secures them, that it cannot exist without 
 them, that the existence of the one is essential to the exist- 
 ence of the other. It is true that this particular partakes 
 strongly of that mystery which is characteristic of the system 
 itself; but if I demonstrate that this particular, so far from 
 implying the continuance of the state sovereignties, proves in 
 the clearest manner the want of it, I hope the other partic- 
 ular powers will not be necessary to dwell upon. 
 
 The State legislatures do not chose senators by legislative 
 or sovereign authority, but by a power of ministerial agency 
 as mere electors or boards of appointment; they have no 
 power to direct the senators how or what duties they shall 
 perform ; they have neither power to censure the senators, nor 
 to supersede them for misconduct. It is not the power of 
 chosing to office merely that designates sovereignty, or else 
 corporations who appoint their own ofBcers and make their 
 own by-laws, or the heads of department who choose the offi- 
 cers under them, such as commanders of armies, etc., may be 
 called sovereigns, because they can name men to office whom 
 they cannot dismiss therefrom. The exercise of sovereignty 
 does not consist in choosing masters, such as the senators would 
 be, who, when chosen, would be beyond control, but in the 
 power of dismissing, impeaching, or the like, those to whom 
 authority is delegated. The power of instructing or super- 
 seding of delegates to Congress under the existing confedera- 
 tion hath never been complained of, although the necessary 
 rotation of members of Congress hath often been censured for 
 restraining the state sovereignties too much in the objects of 
 their choice. As well may the electors who are to vote for 
 
Powers Reserved to the States. 541 
 
 the president under the new constitution, be said to be vested 
 with the sovereignty, as the State legislatures in the act of 
 choosing senators. The senators are not even dependent on 
 the States for their wages, but in conjunction with the federal 
 representatives establish their own wages. The senators do 
 not vote by States, but as individuals. The representatives 
 also vote as individuals, representing people in a consolidated 
 or national government; they judge upon their own elections, 
 and, with the Senate, have the power of regulating elections 
 in time, place and manner, which is in other words to say, 
 that they have the power of elections absolutely vested in 
 them. 
 
 That the State governments have certain ministerial and 
 convenient powers continued to them is not denied, and in 
 the exercise of which they may support, but cannot control 
 the general government, nor protect their own citizens from 
 the exertion of civil or military tyranny, and this minister- 
 ial power will continue with the States as long as two-thirds 
 of Congress shall think their agency necessary; but even this 
 will be no longer than two-thirds of Congress shall think pro- 
 per to propose, and use the influence of which they would be 
 so largely possessed to remove it. 
 
 But these powers, of which the Freeman gives us such a 
 profuse detail, and in describing which he repeats the same 
 powers with only varying the terms, such as the powers of 
 officering and training the militia, appointing State officers, 
 and governing in a number of internal cases, do not any of 
 them separately, nor all taken together, amount to independ- 
 ent sovereignty ; they are powers of mere ministerial agency, 
 which may, and in many nations of Europe are or have been 
 vested, as before observed, in heads of departments, heredi- 
 tary vassals of the crown, or in corporations; but not that 
 kind of independent sovereignty which can constitue a mem- 
 ber of a federal republic, which can enable a State to exist 
 within itself if the general government should cease. 
 
 I have often wondered how any writer of sense could have 
 the confidence to avow, or could suppose the people to be 
 ignorant enough to believe, that, when a State is deprived of 
 
542 After the Convention Rose. 
 
 the power not only of standing armies (this the members of a 
 confederacy ought to be), but of commanding its own militia, 
 regulating its elections, directing or superseding its represen- 
 tatives, or paying them their wages; who is, moreover, de- 
 prived of the command of any property, I mean source of 
 revenue or taxation, or what amounts to the same thing, who 
 may enact laws for raising revenue, but who may have these 
 laws rendered nugatory, and the execution thereof superseded 
 by the laws of Congress. This is not a strained construction, 
 but the natural operation of the powers of Congress under the 
 new constitution; for every object of revenues, every source of 
 taxation, is vested in the general government. Even the 
 power of making inspection laws, which, for obvious con- 
 veniency, is left with the several States, will be unproductive 
 of the smallest revenue to the State governments ; for, if any 
 should arise, it is to be paid over to the ofi&cers of Congress — 
 besides, the words ' ' to make all laws necessary and proper 
 for carrying into execution the foregoing powers, ' ' etc. , give, 
 without doubt, the power of repelling or forbidding the exe- 
 cution of any tax law whatever, that may interfere with or 
 impede the exercise of the general taxing power, and it would 
 not be possible that two taxing powers should be exercised 
 on the same sources of taxation without interfering with each 
 other. May not the exercise of this power of Congress, when 
 they think proper, operate not only to destroy those ministerial 
 powers which are left with the States, but even the very forms? 
 May they not forbid the state legislatures to levy a shilling 
 to pay themselves, or those whom they employ, days' wages? 
 The State governments may contract for making roads 
 (except post-roads), erecting bridges, cutting canals, or any 
 other object of public importance ; but when the contract is 
 performed or the work done, may not Congress constitution- 
 ally prevent the payment? Certainly; they may do all this 
 and much more, and no man would have a right to charge 
 them with breaking the law of their appointment. It is an 
 established maxim, that wherever the whole power of the 
 revenue or taxation is vested, there virtually is the whole 
 effective, influential, sovereign power, let the forms be what 
 
State Sovereignty in Danger. 543 
 
 they may. By this armies are procured, by this every other 
 controlling guard is defeated. Every balance or check in 
 government is only so far effective as it hath a control over 
 the revenue. 
 
 The State governments are not only destitute of all sov- 
 ereign command of, or control over, the revenue or any part 
 of it, but they are divested of the power of commanding or 
 prescribing the duties, wages, or punishments of their own 
 militia, or of protecting their life, property or characters from 
 the rigors of martial law. The power of making treason laws 
 is both a power and and an important defence of sovereignty ; 
 it is relative to and inseparable from it; to convince the States 
 that they are consolidated into one national government, this 
 power is wholly to be assumed by the general government. 
 All the prerogatives, all the essential characteristics of sov- 
 ereignty, both of the internal and external kind, are vested 
 in the general government, and consequently the several 
 States would not be possesed of any essential power or effec- 
 tive guard of sovereignty. 
 
 Thus I apprehend, it is evident that the consolidation of 
 the States into one national government (in contradistinction 
 from a confederacy) would be the necessary consequence of 
 the establishment of the new constitution, and the intention 
 of its framers — and that consequently the State sovereignties 
 would be eventually annihilated, though the forms may long 
 remain as expensive and burthensome remembrances of what 
 they were in the days when (although laboring under many 
 disadvantages) they emancipated this country from foreign tyr- 
 anny, humbled the pride and tarnished the glory of royalty, 
 and erected a triumphant standard to liberty and independence. 
 
 It is not my present object to decide whether the govern- 
 ment is a good or a bad one, it is only to prove in support of 
 the minority, that the new system does not in reality, what- 
 ever its appearances may be, constitute a federal but a con- 
 solidated government. Prom the distinguishing character- 
 istics of these two kinds of government which I have stated, 
 some assistance perhaps may be derived in judging which of 
 them would be most suitable to our circumstances, and the 
 
544 After the Convention Rose. 
 
 best calculated to promote and secure tlie liberty and welfare 
 of these United States. 
 
 A few general observations shall conclude this essay. It is 
 commonly said by the friends of the system, that the dangers 
 which we point out are imaginary, that we ought to depend 
 more upon the virtue of those who shall exercise those pow- 
 ers; that we talk as if we supposed men would be possessed 
 of a demon as soon as they should be vested with the pro- 
 posed powers, etc. I shall in answer thereto join with a sen- 
 sensible reasoner in saying that I will not abuse the new 
 Congress until it exists, nor then until it misbehaves, nor 
 then unless I dare; but it is a fact, that all governments that 
 have ever been instituted among men, have degenerated and 
 abused their power, and why we should conceive better of the 
 proposed Congress than of all governments who have gone 
 before us, I don't know; it is certainly incumbent on the sup- 
 porters of this system, first to prove either that the uniform 
 testimony of history, and experience of society, is false, or 
 else that the new system will have the divine influence to in- 
 spire those who exercise the powers which it provides, with 
 wisdom and virtue in an infallible degree. Surely the con- 
 duct of the framers and promoters of the new constitution do 
 not present mankind as more worthy of confidence now, than 
 they have been in other periods of society. For proof of this 
 let us examine facts. The legislatures of the various States 
 elected members for a federal convention, without having au- 
 thority for that purpose from their constituents; this gave no 
 alarm, as necessity perhaps justified the measure; but how 
 dangerous is the smallest precedent of usurped power, for the 
 general convention when met, far outdid the example. They 
 were strictly bound by the law of their appointment to revise 
 the confederation; the additional powers with which it ought 
 to have been vested were generally understood, and would 
 have been universally submitted to. This convention not 
 only neglected the duty of their appointment, but assumed a 
 power of the most extraordinary kind; they proceeded to de- 
 stroy the very government which they were solemnly enjoined 
 to strengthen and improve, and framed a system (to say no 
 
Pennsylvania Convention Irregular. 545 
 
 worse of it) that was destructive not only of the form, but of 
 the nature of the government whose foundations were laid in 
 the plighted faith and whose superstructure was cemented 
 with the best blood of the United States. The legislature of 
 this State, whose leading members were also self-chosen mem- 
 bers of the general convention, no sooner had it in their 
 power, than notwithstanding the solemn trust reposed in 
 them, and still more solemn oath to preserve the constitution 
 of this State inviolate, proceeded upon the expected last day 
 of their session to call a convention, in order to adopt the 
 proposed system of government before the people could be 
 acquainted with it; and to carry this into execution, they 
 added violence to perfidy, and by the aid of mob compelled 
 members, sanctified by their presence that usurped exertion 
 of power, which their faith and trust obliged them to dis- 
 countenance. 
 
 The consequence was, that about one-sixth of the citizens 
 only obeyed the irregular call of the Assembly, and elected 
 members to the State convention: one-third of those mem- 
 bers, and who were chosen by nearly one-half of the voters 
 who did elect, voted against the adoption of the new consti- 
 tution, and being refused the right of entering their testi- 
 mony on the minutes, laid their conduct and their reasons be- 
 fore their constituents. About five out of six of the people, 
 whether disdaining to obey a call which neither the general 
 convention or Assembly were authorized to make, or whether 
 being taken by surprise they were not sufficiently informed 
 to act with decision, and therefore did not choose to act at all, 
 I cannot tell, but so it is, that they have not yet publicly 
 declared their sentiments for, nor have done anything in 
 favor of the proposed system: in this situation Pennsylvania 
 hath adopted the system. It is a very serious question, 
 whether supposing nine States had agreed to it in this man- 
 ner, the system would be practicable, whether general confi- 
 dence would not be necessary unless we had greater resources. 
 In addition to Pennsylvania, Georgia, Delaware, New Jersey, 
 and Connecticut, have also adopted the system ; these States 
 are not only small, but in a high degree delinquent, and there 
 35 
 
546 After the Convention Rose. 
 
 is no provision made in the new constitution to compel delin- 
 quent States or persons to make up their deficiencies. The 
 convention of Massachusetts have adopted the system with a 
 solemn disapprobation; they have pointed out amendments 
 on the same parchment with the act of ratification, and have 
 solemnly enjoined those who may be the first deputies in the 
 new Congress, to exert their every endeavor to have these 
 amendments made part of the constitution; and to add weight 
 to them, they have ofl&cially requested Pennsylvania and the 
 other states to concur in their propositions of amendment. 
 The New Hampshire convention have, on motion of the 
 friends of the system, adjourned until June, in order to pre- 
 vent an immediate rejection, which otherwise was unavoida- 
 ble: the adjournment was carried by only three voices. At 
 present there is and will for some months be a solemn and 
 serious pause, a time of deliberation, the result of which will 
 fill an important page in the history of human society. For 
 my own part, I think the heaviest clouds are dispersed, and 
 the gloomy darkness admits the cheering rays of hope, which 
 promise meridian splendor to the sun of liberty. Most of 
 those who were from the best motives friends to the system, 
 have penetrated the shade of mystery in which it was wrapped; 
 they see the snares, and discover the delusions with which it 
 is replete; they see that every other system of government, 
 whether good or bad, is easy to be understood, but that this 
 system excels all of the kind which hath come to their knowl- 
 edge in darkness and ambiguity; they have been informed, 
 too, that this mysterious veil was the fruit of deliberation and 
 design. 
 
 Whilst posts are prevented from carrying intelligence, 
 whilst newspapers are made the vehicles of deception, and 
 dark intrigue employs the avaricious oflice-hunters who 
 long to riot on the spoils of their country, the great body of 
 the people are coolly watching the course of the times, and 
 determining to preserve their liberties, and to judge for them- 
 selves by the principles of reason and common sense, and not 
 by the weight of names.* A Farmer. 
 
 * Independent Gazetteer, Apr. 22, 1788. 
 
Political Creed of a Federalist. 547 
 
 A NEW FEDERAL SONG. 
 To the Tune of W 's March. 
 
 A tavern-keeper spoke, a federal sign was made, 
 Saints, conjurers, Cincinnati, lawyers, and men o' the blade, 
 
 With defaulters, deists, bankrupts, and office-Hunters, just 39, 
 Their faces, figures, and attitudes all painted quite fine. 
 
 This conclave being reared on the post near the inn door, 
 Attracted the attention of every comer and goer ; 
 
 Its beauties were admired for near half a long day. 
 
 But how transient are the goods of this world, you will say ! 
 
 3 
 Some mischievous Anti's seeing it cut such a dash. 
 
 The next time they passed by, threw up a great splash. 
 The face of this most beauteous sign was now all over spotted. 
 
 And the ears, mouths, and noses of these patriots much blotted. 
 
 4 
 The famed wisdom and virtue of the union here collected. 
 
 Which had for such a length of time so much lustre reflected. 
 Was now on a sudden, when at its meridian glory, 
 
 All besmeared with the tagh of Jamie the Rover. 
 
 5 
 As for 'Simons and the Caledonian, their eyes were turned green. 
 
 And General Tommy, Benny and Bobby, were also unclean. 
 Bob seemed to hold guineas and Jamie to beg. 
 
 But old Harry had hold of the man with one leg. 
 
 6 
 
 In short, the shape of most the figures were altered. 
 
 And instead of masqued patriots, rose up rogues ready haltered. 
 
 All that was wanted to complete the black scene, 
 
 Was a gallows that would hold at least ten or fifteen.* 
 
 THE federalist's political CREED. 
 
 Mr. Printer: Though religious creeds have long since been 
 deemed quite useless, or rather indeed extremely prejudicial 
 to the interests of virtue and true piety; yet I must at the 
 same time be of opinion that political creeds are of a very 
 different nature, and that no government, and least of all an 
 
 * Independent Gazetteer, Apr. 24, 1788. 
 
548 After the Convention Rose, 
 
 arbitrary one, can be supported without some such summary 
 of its credenda^ or articles of faith. Our late C n, sensi- 
 ble of the truth of this maxim, have taken care to draw up 
 a very full and comprehensive creed for the use of their crea- 
 tures and expectants, who are obliged to believe and main- 
 tain every article of it, right or wrong, on pain of political 
 damnation. And to do those slavish expectants justice, there 
 never was on earth a set of more firm and sincere believers, 
 nor any who were willing to run greater risks in defence of 
 their political dogmas. 
 
 This political creed, however, is no new invention: 'tis the 
 old tory system revived by different hands. And the articles 
 of it can be a secret to no one, who has the misfortune to 
 converse with any of its advocates. But as such doctrines 
 and maxims would better become the slave of a bashaw of 
 three tails than the subject of a free republican government, 
 I shall just take the liberty, by way of specimen, to mention 
 a few of these articles for the sake of your more iininformed 
 readers. And, 
 
 1. They maintain that the revolution and the Declaration 
 of Independence, however important at those periods, are 
 now to be Considered as mere farces, and that nothing that 
 was then done ought to be any bar in the way of establishing 
 the proposed system of arbitrary power. 
 
 2. That as most of the European nations are in a state of 
 vassalage and slavery, the Americans easily may be brought 
 to a similar situation, and therefore ought to be reduced to 
 the same abject condition. 
 
 3. That to compass this end, a large standing army should 
 be kept up in time of peace, under the specious pretence of 
 guarding us against foreign invasions and our frontiers 
 against the savages; but in reality to overawe and enslave 
 the people, who if provoked at the violation of their rights, 
 should at any time dare to murmur or complaim, the military 
 should be employed to bayonet them for their arrogance and 
 presumption. 
 
 4. That to say the late convention was not aiithorized by 
 the people at large to form an aristocratic, consolidated system 
 
Political Creed of a Federalist. 549 
 
 of government for them, but merely to recommend altera- 
 tions and amendments of the good old articles of confedera- 
 tion, is downright treason and rebellion. 
 
 5. That to assert that it was a shameful departure from the 
 principles of the revolution and republicanism, and a base 
 violation of the trust reposed in them, is a crime of the deepest 
 dye, and never to be forgiven. 
 
 6. That if any man in the course of his writings should 
 happen to give offence to a haughty favorite of the junto, it 
 should be an express condition in the admission of every per- 
 son into the new administration, that he concur in the prose- 
 cution of the author, or printer (or both, if the name of the 
 author can be extorted or discovered, no matter how vile and 
 infamous the means), to the utmost rigor of the law, and even 
 in contra-distinction to all law and justice. 
 
 7. That the trial by jury, whether in civil or criminal 
 Gases, ought to be entirely abolished, and that the judges only 
 of the new federal court, appointed by the well-born in the 
 ten-mile-square, should determine all matters of controversy 
 between individuals. 
 
 8. That the trial by jury ought likewise to be abolished 
 in the case of libels, and every one accused of writing or even 
 publishing a libel, ought to be tried by informations, attach- 
 ments, interrogatories, and the other arbitrary methods prac- 
 ticed in the court of star-chamber. 
 
 9. That a libel is whatever may happen to give offence to 
 any great man, or old woman; and the more true the charge, 
 the more virulent the libel. 
 
 10. That an unrestrained liberty of the press should be 
 granted to those who write and publish against the liberties 
 of the people, but be absolutely denied to such as write against 
 unconstitutional measures, and the abominable strides of arbi- 
 trary power, which have recently been attempted by any of 
 the rump conclaves or conventions. 
 
 11. That the people indeed have no rights and privileges, 
 but what they enjoy at the mercy of the rich lordlings, who 
 may, of right, deprive them of any or of all their liberties 
 whenever they think proper. 
 
550 After the Convention Rose. 
 
 12. That the freemen of America have no right to think 
 for themselves, nor to choose their own officers of govern- 
 ment, who ought to be named and appointed by the king 
 elect, the half king and the senate; these being evidently- 
 much better judges of what is for the good of the people than 
 the people themselves. 
 
 13. That a bill of rights and other explicit declarations in 
 favor of the people, are old musty things, and ought to be 
 destroyed; and that for any set of men to declare themselves 
 in favor of a bill of rights, is a most daring insult oflfered to 
 General Washington and Doctor Franklin, who, it must be 
 allowed by the whole world, are absolutely infallible. 
 
 14. That those men are best qualified to conduct the affairs 
 of a free people, who breathe nothing but a spirit of tyranny, 
 and who, by their violent, illegal, and unconstitutional (con- 
 solidating, energetic, as they are pleased to style it) proced- 
 ures, have well nigh reduced the good people of this great 
 continent to the very eve of a civil war. And that as soon as 
 nine States should accede to the new system of slavery, every 
 one who would presume to lisp a syllable against it, ought to 
 be taken up, imprisoned, and punished at the discretion of 
 the judges of the supreme federal court. 
 
 Such are a few of the many articles of the political creed 
 of the federal hacks, and how firmly they believe and dili- 
 gently act up to them, is a matter of equal notoriety and grief 
 to every real patriot in America. * 
 
 [While the Antifederalists were thus abusing the constitu- 
 tion, the men who framed, and the men who approved it, 
 State after State continued to adopt it. No special demon- 
 strations of joy were made by the Federalists, till they heard 
 of the approval of Virginia and New York. Then, the new 
 government being assured, they began to rejoice in earnest.] 
 
 The following account of the celebration, by the citizens 
 of Pittsburgh and vicinity, of the adoption of the Constitution 
 of the United States by Virginia, the ninth State, is taken 
 from the Pittsburgh Gazette, of June 38th, 1788. The speech 
 
 ♦Independent Gazetteer, May 10, 1788. 
 
Rejoicing at Pittsburgh. 551 
 
 of Mr. Brackenridge we omit for the present, but will prob- 
 ably find a place for it shortly. * 
 
 Pittsburgh^ June 28. 
 On Friday last, the 30th instant, the news arrived at this 
 place of the adoption of the new constitution by Virginia, 
 making the ninth State. On Saturday evening following, 
 the inhabitants of this town and the adjacent country, to the 
 number of about fifteen hundred, assembled on Grant's Hill, 
 a beautiful rising mount to the east of the town, having the 
 two rivers, the Allegheny and Monongahela, and their junc- 
 tion forming the Ohio, in prospect. Occupying the verge of 
 the hill, they were addressed by Mr. Brackenridge. * * * 
 
 Three cheers were now given, and the hats thrown into 
 the air. Nine piles of wood were then lighted, representing 
 the nine States which had adopted the constitution. At in- 
 termediate distances, four piles were left uninflamed, repre- 
 senting those which had not adopted it. Fire was then 
 kindled in them, but oppressed by green leaves and heavy 
 boughs ; in spite of all that could be done, the pile of New 
 Hampshire burst out, and gave a luminous splendor; that of 
 Rhode Island not having sent delegates to the general con- 
 vention, or called a convention of their own, had brimstone, 
 tar and feathers thrown into it; yet still some boughs of wood 
 that were at the bottom, catching the flame, purged off the 
 noxious vapor and materials. That of New York and North 
 Carolina at length took fire, and exceeded even the other 
 piles. The whole thirteen now in one blaze began to burn. 
 The youths of the village danced around them on the green; 
 and the Indians who were present, the chiefs of several 
 nations, on the way to their treaty at Muskingum, stood in 
 amazement at the scene; concluding this to be the great coun- 
 cil, seeing the thirteen fires kindled on the hill. 
 
 [On June 25th, 1788, Virginia ratified the constitution as 
 the tenth State. As the approval of nine was to put it in 
 force, all hope of defeating the new plan was now ended. So 
 many States, however, had accepted the constitution with re- 
 
 * Hazard's Register of Penna., Sep 14, 1833. 
 
552 After the Convention Rose. 
 
 luctance, and with long lists of proposed amendments, that 
 the Antifederalists determined to make one more effort to 
 have it sent to a new convention of the states for revision 
 and amendment. 
 
 The earliest movement for such a convention began in the 
 county of Cumberland, and was probably the work of Robert 
 Whitehill. However this may be, representatives from the 
 townships of Cumberland met towards the close of June, 
 called for a conference of counties at Harrisburg, September 
 3d, elected delegates to represent it on that day, and sent a 
 circular letter to prominent Antifederalists all over the state. 
 The letter is as follows :] 
 
 East Pennsborough, Cumberland, July j, lySS. 
 
 Sir : That ten states have already unexpectedly, without 
 amending, ratified the constitution proposed for the govern- 
 ment of these United States, cannot have escaped the notice 
 of the friends of liberty. That the way is prepared for the 
 full organization of the government, with all its foreseen and 
 consequent dangers, is too evident, and unless prudent steps 
 be taken to combine the friends to amendments in some plan 
 in which they may confidently draw together, and exert their 
 power in unison, the liberty of the American citizens must 
 lie at the discretion of Congress, and most probably posterity 
 become slaves to the officers of government. 
 
 The means adopted and proposed by a meeting of delegates 
 from the townships of this county for preventing the alleged 
 evils, and also the calamities of a civil war, are, as may be 
 observed in perusing the proceedings of the said meeting 
 herewith transmitted, to request such persons as shall be 
 judged fit within the counties, respectively, to use their in- 
 fluence to obtain a meeting of delegates from each township, 
 to take into consideration the necessity of amending the 
 constitution of these United States, and for that purpose to 
 nominate and appoint a number of delegates to represent the 
 county in a general conference of the counties of this com- 
 monwealth, to be held at Harrisburg on the third day of 
 September next, then and there to devise such amendments, 
 and such mode of obtaining them, as in the wisdom of the 
 delegates shall be judged most satisfactory and expedient. 
 
Bucks County Circular. 553 
 
 A law will, no doubt, be soon enacted by the General As- 
 sembly for electing eight members to represent this state in 
 the new Congress. It will, therefore, be expedient to have 
 proper persons put in nomination by the delegates in confer- 
 ence, being the most likely method of directing the voices of 
 the electors to the same object and of obtaining the desired end. 
 
 The society, of which you are chairman, is requested to call 
 a meeting agreeable to the foregoing designs, and lay before 
 the delegates the proceedings of this county, to the intent 
 that the state may unite in casting off the yoke of slavery, 
 and once more establish union and liberty. 
 
 By order af the meeting, I am with real esteem, sir, 
 Your most obedient servant, 
 
 Benjamin BlyTh, Chairman. 
 
 [This letter in time was followed by another, addressed to 
 prominent men in each township of Bucks county, and is as 
 follows:] 
 
 Newtown^ August ij, lySS. 
 
 GentIvEMEn : The important crisis now approaching 
 (confident I am you will think with me) demands the most 
 serious attention of every friend of American liberty. The 
 constitution of the United States is now adopted by eleven 
 states in the Union, and no doubt the other two will follow 
 their example ; for, however just the sentiments of the oppo- 
 sition may be, I do conceive it would be the height of 
 madness and folly, and in fact a crime of very detrimental 
 consequence to our country, to refuse to acquiesce in a mea- 
 sure received in form by so great a majority of our country; 
 not only to ourselves individually, but to the community at 
 large — for the worst that we can expect from a bad form of 
 government is anarchy and confusion, with all its common 
 train of grievances — and by an opposition in the present 
 situation of aflfairs we are sure of it. On the other hand, by 
 a sullen and inactive conduct, it will give the promoters and 
 warm advocators of the plan an opportunity (if any such 
 design they have) to shackle us with those manacles, that we 
 fear may be formed under color of law, and we be led to know 
 it is constitutional, when it is too late to extricate ourselves 
 and posterity from bondage. 
 
554 After the Convention Rose. 
 
 To you it is not worth while to animadvert on the plain 
 and pointed tendency the constitution has to this effect, and 
 how easily it may be accomplished in power under its influ- 
 ence. That virtue is not the standard that has principally 
 animated the adoption of the constitution in this state, I be- 
 lieve, is too true. Let us, therefore, as we wish to serve our 
 country, and show the world that those only who have wished 
 amendments were truly federal, adopt the conduct of our 
 fellow-citizens in the back counties. I^et us, as freemen, call 
 a meeting of those citizens who wish for amendments, in a 
 committee of the county, delegated from each township, for 
 the purpose expressed in a copy of the (circular) inclosed. In 
 promoting a scheme of this kind, I hope we shall not only 
 have the satisfaction of seeing the minds and exertions of all 
 who wish for amendments centre in this object, which will 
 swallow others more injurious, but we will enjoy the supreme 
 felicity of having assisted in snatching from slavery a once 
 happy and worthy people. 
 
 I therefore hope you will undertake to call together your 
 township, have delegates chosen to represent them in a com- 
 mittee to be held in the house of George Piper, on Monday, 
 the 2ist inst, at nine o'clock in the forenoon, for the pur- 
 pose of appointing delegates to represent them in the state 
 conference, and for giving them instructions, etc. 
 
 If you should apprehend the people will not call a town- 
 meeting for the purpose, that you will, as we intend here, 
 write or call on a few of the most respectable people of your 
 township to attend at the general meeting, as they intend to 
 do at Philadelphia, if they cannot accomplish their purpose 
 in the other way. 
 
 Your usual public spirit on occasions of this kind, I am 
 sure, needs no spur. We shall, therefore, rest assured that 
 we will meet a representation of the township committed to 
 your charge on the day appointed. 
 
 I am, with every sentiment of esteem, 
 
 (Signed.) Yours, &c., James Hanna. 
 
 To John Vandegri/t, Esq.^ Capt. Nathan Vansant, and Mr. 
 
 Jacob Vandegrift^ Bensalem. 
 
Bucks County Meeting. 555 
 
 [The meeting of townships thus called was held at Piper's 
 tavern, Bedminster, and the following course of action taken:] 
 Bucks County^ State of Pennsylvania^ August 2^, 1788. 
 
 The ratification of the federal constitution and its expected 
 operation forming a new area in the American world, and 
 giving cause of hope to some and fear to others, it has been 
 thought proper that the freemen of the State, or delegates 
 chosen by them, should meet together and deliberate on the 
 subject. Accordingly it has been proposed thsrt a meeting 
 of deputies from the different counties be held at Harrisburg, 
 the 3d day of September next. A circular letter bearing the 
 above proposition was sent to this county, and in pursuance 
 thereof, there met this day at Piper's tavern, in Bedminster 
 township, the following gentlemen from the townships an- 
 nexed to their names, respectively: 
 
 Newtown. — James Hanna, Esquire. 
 
 Warwick. — John Crawford, Hugh Ramsay, Capt. William 
 Walker, Benjamin Snodgrass, Samuel Flack. 
 
 New Britain. — James Snodgrass, Thomas Stuart, David 
 Thomas. 
 
 Bedminster. — Jacob Utt, Alexander Hughes, George Piper, 
 Daniel Soliday. 
 
 Haycock. — Capt. Manus Yost, John Keller. 
 
 Rockhill. — Samuel Smith, Esquire. 
 
 Millford. — Henry Blilaz, Henry Hoover. 
 
 Springfield. — Colonel John Smith, Charles Fleming. 
 
 Durham. — Richard Backhouse, Esquire. 
 
 Tinicum.^o\va. Thompson, Jacob Weaver, George Bennet. 
 
 Nockamixon.-^S^.V!XVji\. Willson, George Vogle. 
 
 Richland. — Benjamin Seagle. 
 
 Plumstead. — Thomas Wright, Thomas Gibson, James 
 Ruckman, Major John Shaw, James Farres, Thomas Henry, 
 Moses Kelly, Henry Geddis. 
 
 Warrington. — ^Rev. Nathaniel Erwin, Captain William 
 Walker. 
 
 Buckingham. — Captain Samuel Smith. 
 
 Solesbury. — Henry Seabring. 
 
 Hilltown. — Joseph Grier. 
 
 Samuel Smith, Esq., chosen Chairman, and James Hanna, 
 
556 After the Convention Rose. 
 
 Esq., Secretary. After some time spent in discussing the 
 business of the meeting, 
 
 Resolved, that the Reverend Nathaniel Erwin, Richard 
 Backhouse, Samuel Smith, John Crawford, and James Hanna, 
 Esqiiires, be a committee to draw up resolves expressive of 
 the sense of this meeting on the subject before them. 
 
 In a short time thereafter the following were presented by 
 the gentlemen appointed, and unanimously approved: 
 
 Resolved r. That it is the opinion of this meeting, that the 
 plan of government for the United States, formed by the 
 general convention, having been adopted by eleven of the 
 States, ought, in conformity to the resolves of said conven- 
 tion, to come into operation, and have force until altered in 
 a constitutional way. 
 
 3. That as we mean to act the part of peaceable citizens 
 ourselves, so we will support the said plan of government, 
 and those who act under it, against all illegal violence. 
 
 3. That the said plan of government will admit of very 
 considerable amendments, which ought to be made in the 
 mode pointed out in the constitution itself. 
 
 4. That as few governments, once established, have ever 
 been altered in favor of liberty without confusion and blood- 
 shed, the requisite amendments in said constitution ought to 
 be attempted as soon as possible. 
 
 5. That we will use our utmost endeavors in a pacific way 
 to procure such alterations in the federal constitution as may 
 be necessary to secure the rights and liberties of ourselves 
 and posterity. 
 
 6. That we approve of a State meeting being held at Har- 
 risburg, the third day of September next, on the subject of 
 the above resolves. 
 
 7. That four persons ought to be delegated from this 
 county to attend said meeting, and join with the deputies 
 from other counties who may meet with them (in a recom- 
 mendation to the citizens of this State) of a suitable set of 
 men to represent them into the new Congress, and generally 
 to acquiesce and assist in the promotion of such plan or plans 
 as may be designed by the said State conferrees for the pur- 
 pose of obtaining the necessary amendments of said consti- 
 
Gallatin' s Resolutions. 557 
 
 tution, as far as is consistent with our views, expressed in the 
 foregoing resolves. 
 
 Agreeably to the resolve last past, the Reverend Nathaniel 
 Erwin, Richard Backhouse, John Crawford, and James 
 Hanna, Esquires, or any two of them, were appointed to 
 represent us in said conference to be held at Harrisburg. 
 
 Resolved^ That James Hanna, Esquire, be requested to 
 hand the foregoing proceedings to the press for publication. 
 
 Samuei< Smith, Chairman. 
 
 [Thus chosen, the delegates to Harrisburg assembled Sep- 
 tember 3d, and made Blair M'Clenachan, of Philadelphia, 
 Chairman, and John A. Hannah, of Harrisburg, Secretary. 
 Precisely what the proceedings were cannot now be known, 
 -but it is certain that in the course of debate Albert Gallatin, 
 then unknown to fame, submitted the following resolutions :] 
 
 ist. ^''Resolved^ That in order to prevent a dissolution of the 
 Union, and to secure our liberties, and those of our posterity, 
 it is necessary that a revision of the federal constitution be 
 obtained in the most speedy manner. 
 
 2d. ' ' That the safest manner to obtain such a revision will 
 be, in conformity to the request of the State of New York, to 
 use our endeavors to have a convention called as soon as pos- 
 sible ; 
 
 '■'■Resolved, therefore, that the assembly of this State be 
 petitioned to take the earliest opportunity to make an appli- 
 cation for that purpose to the new Congress. 
 
 3d. "That in order that the friends to amendments to the 
 federal constitution who are inhabitants of this State may act 
 in concert, it is necessary, and it is hereby recommended to the 
 several counties in the State, to appoint committees, who may 
 correspond one with another, and with such similar com- 
 mittees as may be formed in other States. 
 
 4th. "That the friends to amendment to the federal con- 
 stitution in the several States be invited to meet in a general 
 conference, to be held at — , on — , and — members elected 
 by this conference, who, on any of them, shall meet at said 
 place and time, in order to devise, in concert with such other 
 delegates from the several States as may come under similar 
 appointments, on such amendments to the federal constitution 
 
558 After the Convention Rose. 
 
 as to them may seem most necessary, and on the most likely 
 way to carry them into eflFect. ' ' 
 
 [The resolutions of Mr. Gallatin seem to have been too 
 strong, and not specific enough, and were not accepted by 
 the convention. Concerning the proceedings very little is 
 known, and that little is contained in a summary which ap- 
 peared in the newspapers. The document is as follows :] 
 
 Harrisburg^ Dauphin County^ State of Pennsylvania, 
 
 September ^, iy88. 
 Agreeably to a circular letter which originated in the 
 county of Cumberland, inviting to a conference such of the 
 citizens of this State, who conceive that a revision of the fed- 
 eral system, lately proposed for the government of these 
 United States, is necessary, a number of gentlemen from the 
 city of Philadelphia, and counties of Philadelphia, Bucks, 
 Chester, Lancaster, Cumberland, Berks, Northumberland, 
 Bedford, Fayette, Washington, Franklin, Dauphin, and 
 Huntingdon, assembled at this place for the said purpose, 
 viz: 
 
 Hon. George Bryan, Esq., William Petricken, 
 Charles Pettit, Jonathan Hoge, 
 
 Blair M'Clenachan, John Bishop, 
 
 Richard Backhouse, Daniel Montgomery, 
 
 James Hanna, John Lytle, 
 
 Joseph Gardner, John Dickey, 
 
 James Mercer, Honorable John Smiley, 
 
 Benjamin Blyth, Albert Gallatin, 
 
 Robert Whitehill, James Marshel, 
 
 John Jordan, Benjamin Elliott, 
 
 William Sterrett, Richard Bard, 
 
 William Rodgers, James Crooks, 
 
 Adam Orth, John A. Hannah, 
 
 John Rodgers, Daniel Bradley, 
 
 Thomas Murray, Robert Smith, 
 
 Robert M'Kee, James Anderson, 
 
 John Kean. 
 
 Blair M'Clenachan, Esq., was unanimously elected chair- 
 man, and John A. Hannah, Esq., secretary. 
 
Harrisburg Convention, 559 
 
 After free discussion and mature deliberation had upon the 
 subject before them, the following resolutions and proposi- 
 tions were adopted. 
 
 The ratification of the federal constitution having formed 
 a new era in the American world, highly interesting to all 
 the citizens of the United States, it is not less the duty than 
 the privilege of every citizen, to examine with attention the 
 principles and probable ejBPects of a system on which the hap- 
 piness or misery of the present, as well as future generations, 
 so much depends. In the course of such examination, many 
 of the good citizens of the State of Pennsylvania have found 
 their apprehensions excited that the constitution in its pres- 
 ent form contains in it some principles which may be per- 
 verted to purposes injurious to the rights of free citizens, and 
 some ambiguities which may probably lead to contentions 
 incompatible with order and good government. In order to 
 remedy these inconveniences, and to avert the apprehended 
 dangers, it has been thought expedient that delegates, chosen 
 by those who wish for early amendments in the said constitu- 
 tion, should meet together for the purpose of deliberating on 
 the subject, and uniting in some constitutional plan for ob- 
 taining the amendments which they may deem necessary. 
 
 We the conferees assembled, for the purpose aforesaid, 
 agree in opinion: 
 
 That a federal government only can preserve the liberties 
 and secure the happiness of the inhabitants of a country so 
 extensive as these United States; and experience having 
 taught us that the ties of our union, under the articles of 
 confederation, were so weak as to deprive us of some of the 
 greatest advantages we had a right to expect from it, we 
 are fully convinced that a more efficient government is indis- 
 pensably necessary; but although the constitution proposed 
 for the United States is likely to obviate most of the incon- 
 veniences we labored under, yet several parts of it appear so 
 exceptionable to us, that we are clearly of opinion consider- 
 able amendments are essentially necessary. In full confidence 
 however of obtaining a revision of such exceptionable parts 
 by a general convention, and from a desire to harmonize with 
 
560 After the Convention Rose. 
 
 our fellow citizens, we are induced to acquiesce in the organ- 
 ization of the said constitution. 
 
 We are sensible that a large number of the citizens both in 
 this and the other states, who gaye their assent to its being 
 parried into execution, previous to any amendments, were 
 actuated more by the fear of the dangers that might arise 
 from delays, than by a conviction of its being perfect; we 
 therefore hope they will concur with us in pursuing every 
 peaceable method of obtaining a speedy revision of the con- 
 stitution in the mode therein provided; and when we reflect 
 on the present circumstances of the union, we can entertain 
 no doubt that motives of conciliation, and the dictates of 
 policy and prudence, will conspire to induce every man of 
 true federal principles to give his support to a measure which 
 is not only calculated to recommend the new constitution to 
 the approbation and support of every class of citizens, but 
 even necessary to prevent the total defection of some members 
 of the union. 
 
 Strongly impressed with these sentimeuts, we have agreed 
 to the following resolutions: 
 
 1. Resolved^ That it be recommended to the people of this 
 State to acquiesce in the organization of the said government; 
 but although we thus accord in its organization, we by no 
 means lose sight of the grand object of obtaining very consid- 
 erable amendments and alterations, which we consider essen- 
 tial to preserve the peace and harmony of the union, and 
 those invaluable privileges for which so much blood and 
 treasure have been recently expended. 
 
 2. Resolved^ That it is necessary to obtain a speedy revision 
 of said constitution by a general convention. 
 
 3. Resolved^ That in order to eiFect this desirable end, a 
 petition be presented to the legislature of this State, request- 
 ing that honorable body to take the earliest opportunity to 
 make application for that purpose to the new Congress. 
 
 The petition proposed is as follows: 
 
Petition of Harrisbiirg Convention. 561 
 
 To the Honorable the Representatives of the Freemen of the 
 Commonwealth of Pennsylvania., in General Assembly met., 
 the Petition and Representation of the Subscribers humbly 
 show : 
 
 That your petitioners possess sentiments completely fede- 
 ral; being convinced that a confederacy of republican States, 
 and no other, can secure political liberty, happiness, and 
 safety throughout a territory so extended as the United States 
 of America. They are well apprised of the necessity of de- 
 volving extensive powers to Congress, and of vesting the su- 
 preme legislature with every power and resource of a general 
 nature; and consequently they acquiesce in the general system 
 of government framed by the late federal convention ; in full 
 confidence, however, that the same will be revised without 
 delay: for however worthy of approbation the general prin- 
 ciples and outlines of the said system may be, your petitioners 
 conceive that amendments in some parts of the plan are essen- 
 tial, not only to the preservation of such rights and privileges 
 as ought to be reserved in the respective States, and in the 
 citizens thereof, but to the fair and unembarrassed operation 
 of the government in its various departments. And as provi- 
 sion is made in the constitution itself for the making of such 
 amendments as may be deemed necessary, and 3'our petition- 
 ers are desirous of obtaining the amendments which occur to 
 them as more immediately desirable and necessary, in the 
 mode admitted by such provision, they pray that your honor- 
 able House, as the Representatives of the people in this Com- 
 monwealth, will, in the course of your present session, take 
 such measures as you in your wisdom shall deem most effect- 
 ual and proper, to obtain a revision and amendment of the 
 constitution of the United States, in such parts and in such 
 manner as have been or shall be pointed out by the conven- 
 tions or assemblies of the respective States ; and that such re- 
 vision be by a general convention of representatives from the 
 several States in the union. 
 
 Your petitioners consider the amendments pointed out in 
 the propositions hereto subjoined as essentially necessary, and 
 as such they suggest them to your notice, submitting to your 
 36 
 
562 After the Convention Rose. 
 
 wisdom the order in which they shall be presented to the 
 consideration of the United States. 
 
 The amendments proposed are as follows, viz: 
 
 I. That Congress shall not exercise any powers whatsoever, 
 but such as are expressly given to that body by the constitu- 
 tion of the United States ; nor shall any authority, power or 
 jurisdiction, be assumed or exercised by the executive or 
 judiciary departments of the union under color or pretense of 
 construction or fiction. But all the rights of sovereignty, 
 which are not by the said constitution expressly and plainly 
 vested in the Congress, shall be deemed to remain with, and 
 shall be exercised, by the several states in union according to 
 their respective constitutions. And that every reserve of the 
 rights of individuals, made by the several constitiitions of the 
 states in union to the citizens and inhabitants of each State 
 respectively, shall remain inviolate, except so far as they are 
 expressly and manifestly yielded or narrowed by the national 
 constitution. 
 
 Article i. Section 2, Paragraph 3. 
 
 II. That the number of representatives be for the present 
 one for every twenty thousand inhabitants, according to the 
 present estimated number in the several states, and continue 
 in that proportion till the whole number of representatives 
 shall amount to two hundred ; and then to be so proportioned 
 and modified as not to exceed that number till the proportion 
 of one representative for every thirty thousand inhabitants 
 shall amount to the said number of two hundred. 
 
 Section 3. 
 
 III. That Senators, though chosen for six years, shall be 
 liable to be recalled or superseded by other appointments, by 
 the respective legislatures of the States, at any time. 
 
 Section 4. 
 
 IV. That Congress shall not have power to make or alter 
 regulations concerning the time, place, and manner of elect- 
 ing Senators and Representatives, except in case of neglect or 
 refusal by the State to make regulations for the purpose, and 
 then only for such time as such neglect or refusal shall con- 
 tinue. 
 
Amendments Proposed. 563 
 
 Section 8. 
 
 V. That when Congress shall require supplies, which are 
 to be raised by direct taxes, they shall demand from the sev- 
 eral States their respective quotas thereof, giving a reasonable 
 time to each State to procure and pay the same; and if any 
 State shall refuse, neglect, or omit to raise and pay the same 
 within such limited time, then Congress shall have power to 
 assess, levy, and collect the quota of such State, together 
 with interest for the same from the time of such delinquency, 
 upon the inhabitants and estates therein, in such manner as 
 they shall by law direct, provided that no poll-tax be im- 
 posed. 
 
 Section 8. 
 
 VI. That no standing army of regular troops shall be 
 raised or kept up in time of peace, without the consent of 
 two-thirds of both Houses in Congress. 
 
 Section 8. 
 
 VII. That the clause respecting the exclusive legislation 
 over a district not exceeding ten miles square, be qualified 
 by a proviso that such right of legislation extend only to 
 such regulations as respect the police and good order thereof. 
 
 Article i. Section 8. 
 
 VIII. That each State respectively shall have power to 
 provide for organizing, arming, and disciplining the militia 
 thereof, whensoever Congress shall omit or neglect to provide 
 for the same. That the militia shall not be subject to mar- 
 tial law, but when in actual service in time of war, invasion 
 or rebellion; and when not in the actual service of the 
 United States, shall be subject to such fines, penalties, and 
 punishments only, as shall be directed or inflicted by the 
 laws of its own State: nor shall the militia of any State be 
 continued in actual service longer than two months under 
 any call of Congress, without the consent of the legislature 
 of such State, or, in their recess, the executive authority 
 
 thereof. 
 
 Section 9. 
 
 IX. That the clause respecting vessels bound to or from any 
 one of the States, be explained. 
 
564 After the Convention Rose. 
 
 Article 3. Section i. 
 
 X. That Congress establish no court other than the 
 Supreme Court, except such as shall be necessary for deter- 
 mining causes of admiralty jurisdiction. 
 
 Section 2. Paragraph 2. 
 
 XI. That a proviso be added at the end of the second 
 clause of the second section of the third article, to the follow- 
 ing effect, viz. : Provided, That such appellate jurisdiction, 
 in all cases of common law cognizance, be by writ of error, 
 and confined to matters of law only; and that no such writ of 
 error shall be admitted except in revenue cases, unless the 
 matter in controversy exceed the value of three thousand 
 dollars. 
 
 Article 6. Paragraph 2. 
 
 XII. That to article six, clause two, be added the follow- 
 ing proviso, viz. : Provided always. That no treaty which 
 shall hereafter be made, shall be deemed or construed to alter 
 or affect any law of the United States, or of any particular 
 State, until such treaty shall have been laid before and as- 
 sented to by the House of Representatives in Congress. 
 
 Resolved^ That the foregoing proceedings be committed to 
 the chairman for publication. * 
 
 Blair M'Clenachan, Chairman. 
 Attest, John A. Hannah, Secretary. 
 
 * Independent Gazetteer, Sep. 15, 1788. 
 
CHAPTER VII. 
 
 Centinei<, No. I.* 
 
 Mr. Oswald: As the Independent Gazetteer seems free for 
 the discussion of all public matters^ I expect you will give the 
 following a place in your next. 
 
 To the Freemen of Pennsylvania. Friends., Country- 
 men and Fellow Citizens. 
 
 Permit one of yourselves to put you in mind of certain 
 liberties and privileges secured to you by the constitution of 
 this commonwealth, and to beg your serious attention to his 
 uninterested opinion upon the plan of federal government 
 submitted to your consideration, before you surrender these 
 great and valuable privileges up forever. Your present 
 frame of government secures to you a right to hold your- 
 selves, houses, papers and possessions free from search and 
 seizure, and therefore warrants granted without oaths or 
 affirmations first made, affording sufl&cient foundations for 
 them, whereby any ofl&cer or messenger may be commanded or 
 required to search your houses or seize your persons or prop- 
 erty not particularly described in such warrant, shall not be 
 granted. Your constitution further provides ' ' that in con- 
 troversies respecting property, and in suits between man and 
 man, the parties have a right to trial by jury., which ought to 
 be held sacred. ' ' It also provides and declares, ' ' that the 
 people have a right o/" FREEDOM OF SPEECH, and of writing 
 and PUBLISHING their sentiments., therefore THE FREEDOM 
 OF THE PRESS OUGHT NOT TO BE RESTRAINED." The con- 
 stitution of Pennsylvania is yet in existence, as yet you have 
 the right to freedom of speech., and of publishing your senti- 
 ments. How long those rights will appertain to you, you 
 yourselves are called upon to say; whether your houses shall 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom." 
 Oct. 5, 1787. 
 
 (565) 
 
^66 Letters of Centinel. No. I. 
 
 continue to be your castles, whether your papers, yo\xx per- 
 sons and your property, are to be held sacred and free from 
 general warrants, you are now to determine. Whether the 
 trial by jury is to continue as your birth-right, the freemen 
 of Pennsylvania, nay, of all America, are now called upon to 
 declare. 
 
 Without presuming upon my own judgment, I cannot 
 think it an unwarrantable presumption to offer my private 
 opinion, and call upon others for theirs; and if I use my pen 
 with the boldness of a freeman, it is because I know that the 
 liberty of the press yet rejnains unviolated and jziries yet are 
 judges. 
 
 The late Convention have submitted to your consideration 
 a plan of a new federal government. The subject is highly 
 interesting to your future welfare. Whether it be calculated 
 to promote the great ends of civil society, viz. , the happiness 
 and prosperity of the community, it behoves you well to con- 
 sider, uninfluenced by the authority of names. Instead of 
 that frenzy of enthusiasm, that has actuated the citizens of 
 Philadelphia, in their approbation of the proposed plan, be- 
 fore it was possible that it could be the result of a rational 
 investigation into its principles, it ought to be dispassion- 
 ately and deliberately examined on its own intrinsic merit, 
 the only criterion of your patronage. If ever free and un- 
 biased discussion was proper or necessary, it is on such an 
 occasion. All the blessings of liberty and the dearest privi- 
 leges of freemen are now at stake and dependent on your pres- 
 ent conduct. Those who are competent to the task of devel- 
 oping the principles of government, ought to be encouraged 
 to come forward, and thereby the better enable the people to 
 make a proper judgment; for the science of government is so 
 abstruse, that few are able to judge for themselves. Without 
 such assistance the people are too apt to yield an implicit as- 
 sent to the opinions of those characters whose abilities are 
 held in the highest esteem, and to those in whose integrity 
 and patriotism they can confide; not considering that the love 
 of domination is generally in proportion to talents, abilities 
 and superior requirements, and that the men of the greatest 
 
ELEAZER OSWALD, 
 Lieut, ColoiLel of the R,evolutioJiaryWeir. 
 Nat. 1755-^ air,l795. 
 
 J'hfm airint iit, i/i» coUec^n. of C.RffiiiithuntA£s^ 
 
Letters of Centinel. No. I. 567 
 
 purity of intention may be made instruments of despotism in 
 the hands of the artful and designing. If it were not for the 
 stability and attachment which time and habit gives to forms 
 of government, it would be in the power of the enlightened 
 and aspiring few, if they should combine, at any time to de- 
 stroy the best establishments, and even make the people the 
 instruments of their own subjugation. 
 
 The late revolution having effaced in a great measure all 
 former habits, and the present institutions are so recent, that 
 there exists not that great reluctance to innovation, so re- 
 markable in old communities, and which accords with rea- 
 son, for the most comprehensive mind cannot foresee the full 
 operation of material changes on civil polity ; it is the genius 
 of the common law to resist innovation. 
 
 The wealthy and ambitious, who in every community 
 think they have a right to lord it over their fellow creatures, 
 have availed themselves very successfully of this favorable 
 disposition ; for the people thus unsettled in their sentiments, 
 have been prepared to accede to any extreme of government. 
 All the distresses and difi5culties they experience, proceeding 
 from various causes, have been ascribed to the impotency of 
 of the present confederation, and thence they have been led 
 to expect full relief from the adoption of the proposed system 
 of government; and in the other event, immediately ruin 
 and annihilation as a nation. These characters flatter them- 
 selves that they have lulled all distrust and jealousy of their 
 new plan, by gaining the concurrence of the two men in 
 whom America has the highest confidence, and now triumph- 
 antly exult in the completion oftheir long meditated schemes 
 of power and aggrandizement. I would be very far from in- 
 sinuating that the two illustrious personages alluded to, 
 have not the welfare of their country at heart; but that the 
 unsuspecting goodness and zeal of the one has been imposed 
 on, in a subject of which he must be necessarily inexperienced, 
 from his other arduous engagements; and that the weakness 
 and indecision attendant on old age, has been practiced on in 
 the other. 
 
 I am fearful that the principles of government inculcated 
 
568 Letters of Chitinel. No. I. 
 
 in Mr. Adams' treatise, and enforced in the numerous essays 
 and paragraphs in the newspapers, have misled some well 
 designing members of the late Convention. But it will ap- 
 pear in the sequel, that the construction of the proposed plan 
 of government is infinitely more extravagant. 
 
 I have been anxiously expecting that some enlightened 
 patriot would, ere this, have taken up the pen to expose the 
 futility, and counteract the baneful tendency of such princi- 
 ples. Mr. Adams' sine qua nan of a good government is 
 three balancing powers; whose repelling qualities are to pro- 
 duce an equilibrium of interests, and thereby promote the 
 happiness of the whole community. He asserts that the ad- 
 ministrators of every government, will ever be actuated by 
 views of private interest and ambition, to the prejudice of 
 the public good ; that therefore the only effectual method to 
 secure the rights of the people and promote their welfare, is 
 to create an opposition of interests between the members of 
 two distinct bodies, in the exercise of the powers of go\'- 
 ernment, and balanced by those of a third. This hypothesis 
 supposes human wisdom competent to the task of instituting 
 three co-equal orders in government, and a corresponding 
 weight in the community to enable them respectively to exer- 
 cise their several parts, and whose views and interests should 
 be so distinct as to prevent a coalition of any two of them for 
 the destruction of the third. Mr. Adams, although he has 
 traced the constitution of every form of government that ever 
 existed, as far as history affords materials, has not been able 
 to adduce a single instance of such a government; he indeed 
 says that the British constitution is such in theory, but this 
 is rather a confirmation that his principles are chimerical and 
 not to be reduced to practice. If such an organization of 
 power were practicable, how long would it continue? Not a 
 day — for there is so great a disparity in the talents, wisdom 
 and industry of mankind, that the scale would presently pre- 
 ponderate to one or the other body, and with every accession 
 of power the means of further increase would be greatly ex- 
 tended. The state of society in England is much more 
 favorable to such a scheme of government than that of 
 
Letters of Centinel. No. I. 569 
 
 America. There they have a powerful hereditary nobility, 
 and real distinctions of rank and interests; but even there, 
 for want of that perfect equality of power and distinction of 
 interests in the three orders of government, they exist but in 
 name; the only operative and efficient check upon the con- 
 duct of administration, is the sense of the people at large. 
 
 Suppose a government could be formed and supported on 
 such principles, would it answer the great purposes of civil 
 society ? If the administrators of every government are ac- 
 tuated by views of private interest and ambition, how is the 
 welfare and happiness of the community to be the result of 
 such jarring adverse interests? 
 
 Therefore, as different orders in government will not pro- 
 duce the good of the whole, we must recur to other princi- 
 ples. I believe it will be found that the form of government, 
 which holds those entrusted with power in the greatest re- 
 sponsibility to their constituents, the best calculated for free- 
 men. A republican, or free government, can only exist 
 where the body of the people are virtuous, and where pro- 
 perty is pretty equally divided. In such a government the 
 people are the sovereign and their sense or opinion is the 
 criterion of every public measure ; for when this ceases to be 
 the case, the nature of the government is changed, and an 
 aristocracy, monarchy or despotism will rise on its ruin. The 
 highest responsibility is to be attained in a simple structure 
 of government, for the great body of the people never steadily 
 attend to the operations of government, and for want of due 
 information are liable to be imposed on. If you complicate 
 the plan by various orders, the people will be perplexed and 
 divided in their sentiment about the source of abuses or mis- 
 conduct; some will impute it to the senate, others to the 
 house of representatives, and so on, that the interposition ot 
 the people may be rendered imperfect or perhaps wholly abor- 
 tive. But if, imitating the constitution of Pennsylvania, you 
 vest all the legislative power in one body of men (separating 
 the executive and judicial) elected for a short period, and 
 necessarily excluded by rotation from permanency, and 
 o-uarded from precipitancy and surprise by delays imposed 
 
570 Letters of Centinel. No. I. 
 
 on its proceedings, you will create the most perfect responsi- 
 bility ; for then, whenever the people feel a grievance, they 
 cannot mistake the authors, and will apply the remedy with 
 certainty and effect, discarding them at the next election. 
 This tie of responsibility will obviate all the dangers appre- 
 hended from a single legislatuire, and will the best secure the 
 rights of the people. 
 
 Having premised this much, I shall now proceed to the 
 examination of the proposed plan of government, and I trust, 
 shall make it appear to the meanest capacity, that it has 
 none of the essential requisites of a free government; that it is 
 neither founded on those balancing restraining powers, re- 
 commended by Mr. Adams and attempted in the British con- 
 stitution, or possessed of that responsibility to its constitu- 
 ents, which, in my opinion, is the only effectual security for 
 the liberties and happiness of the people; but on the con- 
 trary, that itvis a most daring attempt to establish a despotic 
 aristocracy among freemen, that the world has ever wit- 
 nessed. 
 
 I shall previously consider the extent of the powers in- 
 tended to be vested in Congress, before I examine the con- 
 struction of the general government. 
 
 It will not be controverted that the legislative is the high- 
 est delegated power in government, and that all others are 
 subordinate to it.. The celebrated Montesquieu establishes it 
 as a maxim, that legislation necessarily follows the power of 
 taxation. By sect. 8, of the first article of the proposed plan 
 of government, "the Congress are to have power to lay and 
 collect taxes, duties, imposts, and excises, to pay the debts 
 and provide for the common defense and general welfare of 
 the United States; but all duties, imposts and excises, shall 
 be uniform throughout the United States. ' ' Now what can 
 be more comprehensive than these words? Not content by 
 other sections of this plan, to grant all the great executive 
 powers of a confederation, and a standing army in Time of 
 PEACE, that grand engine of oppression, and moreover the 
 absolute control over the commerce of the United States and 
 all external objects of revenue, such as unlimited imposts 
 
Letters of Centinel. No. I. 571 
 
 upon imports, etc. , they are to be vested with every species 
 of internal taxation ; whatever taxes, duties and excises that 
 they njay deem requisite for the general welfare^ may be im- 
 posed on the citizens of these states, levied by the officers of 
 Congress, distributed through every district in America; and 
 the collection would be enforced by the standing army, how- 
 ever grievous or improper they may be. The Congress may 
 construe every purpose for which the State legislatures now 
 lay taxes, to be for the general welfare^ and thereby seize 
 upon every object of revenue. 
 
 The judicial power by Article 3d sect, ist shall extend to 
 all cases, in law and equity, arising under this constitution, 
 the laws of the United States, and treaties made or which 
 shall be made under their authority; to all cases affecting 
 ambassadors, other public ministers and consuls; to all cases 
 of admiralty and maritime jurisdiction, to controversies to 
 which the United States shall be a party, to controversies be- 
 tween two or more States, between a State and citizens of 
 another State, between citizens of different States, between 
 citizens of the same State claiming lands under grants of 
 different States, and between a State, or the citizens thereof, 
 and foreign States, citizens or subjects. 
 
 The judicial power to be vested in one Supreme Court, and 
 in such inferior Courts as the Congress may from time to 
 time ordain and establish. 
 
 The objects of jurisdiction recited above are so numerous, 
 and the shades of distinction between civil causes are often- 
 times so slight, that it is more than probable that the State 
 judicatories would be wholly superseded; for in contests 
 about jurisdiction, the federal court, as the most powerful, 
 would ever prevail. Every person acquainted with the his- 
 tory of the courts in England, knows by what ingenious 
 sophisms they have, at different periods, extended the sphere 
 of their jurisdiction over objects out of the line of their in- 
 stitution, and contrary to their very nature; courts of a crim- 
 inal jurisdiction obtaining cognizance in civil causes. 
 
 To put the omnipotency of Congress over the State gov- 
 ernment and judicatories out of all doubt, the 6th article 
 
572 Letters of Centinel. No. I. 
 
 ordains that ' ' this constitution and the laws of the United 
 States which shall be made in pursuance thereof, and all 
 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, anything 
 in the constitution or laws of any State to the contrary not- 
 withstanding." 
 
 By these sections the all-prevailing power of taxation, and 
 such extensive legislative and judicial powers are vested in 
 the general government, as must in their operation neces- 
 sarily absorb the State legislatures and judicatories; and that 
 such was in the contemplation of the framers of it, will ap- 
 pear from the provision made for such event, in another part 
 of it (but that, fearful of alarming the people by so great an 
 innovation, they have suffered the forms of the separate gov- 
 ernments to remain, as a blind). By Article ist sect. 
 4th, "the times, places and manner of holding elections 
 for senators and representatives, shall be prescribed in each 
 State by the legislature thereof; but the Congress may at any 
 time, by law, make or alter such regulations, except as to the 
 place of choosing senators.'''' The plain construction of which 
 is, that when the State legislatures drop out of sight, from 
 the necessary operation of this government, then Congress 
 are to provide for the election and appointment of representa- 
 tives and senators. 
 
 If the foregoing be a just comment, if the United States 
 are to be melted down into one empire, it becomes you to 
 consider whether such a government, however constructed, 
 would be eligible in so extended a territory ; and whether it 
 would be practicable, consistent with freedom? It is the 
 opinion of the greatest writers, that a very extensive country 
 cannot be governed on democratical principles, on any other 
 plan than a confederation of a number of small republics, 
 possessing all the powers of internal government, but united 
 in the management of their foreign and general concerns. 
 
 It would not be difficult to prove, that anything short of 
 despotism could not biud so great a country under one gov- 
 ernment; and that whatever plan you might, at the first set- 
 ting out, establish, it would issue in a depotism. 
 
Letters of Ceniine I. No. I. 573 
 
 If one general government could be instituted and main- 
 tained on principles of freedom, it would not be so competent 
 to attend to the various local concerns and wants, of every 
 particular district, as well as the peculiar governments, who 
 are nearer the scene, and possessed of superior means of in- 
 formation; besides, if the business of the whole union is to be 
 managed by one government, there would not be time. Do 
 we not already see, that the inhabitants in a number of larger 
 States, who are remote from the seat of government, are 
 loudly complaining of the inconveniences and disadvantages 
 they are subjected to on this account, and that, to enjoy the 
 comforts of local government, they are separating into 
 smaller divisions ? 
 
 Having taken a review of the powers, I shall now examine 
 the construction of the proposed general government. 
 
 Article ist, sect. ist. "All legislative powers herein 
 granted shall be vested in a Congress of the United States, 
 which shall consist of a senate and house of representatives. ' ' 
 By another section, the President (the principal executive 
 officer) has a conditional control over their proceedings. 
 
 Sect. 2d. ' ' The house of representatives shall be composed 
 of members chosen every second year, by the people of the 
 several States. The number of representatives shall not ex- 
 ceed one for every 30,000 inhabitants." 
 
 The senate, the other constituent branch of the legislature, 
 is formed by the legislature of each State appointing two 
 senators, for the term of six years. 
 
 The executive power by Article 2d, sect, ist, is to be vested 
 in a President of the United States of America, elected for 
 four years: Sec. 2 gives him "power, by and with the consent 
 of the senate to make treaties, provided two-thirds of the sena- 
 tors present concur; and he shall nominate, and by and with 
 the advice and consent of the senate, shall appoint ambassadors, 
 other public ministers and consuls, judges of the Supreme 
 Court, and all other officers of the United States, whose ap- 
 pointments are not herein otherwise provided for, and which 
 shall be established by law, etc. And by another section he 
 has the absolute power of granting reprieves and pardons for 
 
574 Letters of Centinel. No. I. 
 
 treason and all other high crimes and misdemeanors, except 
 in case of impeachment. 
 
 The foregoing are the outlines of the plan. 
 
 Thus we see, the house of representatives are on the part 
 of the people to balance the senate, who I suppose will be 
 composed of the better sort, the well born, etc. The number 
 of the representatives (being only one for every 30,cxx) inhab- 
 itants) appears to be too few, either to communicate the requi- 
 site information of the wants, local circumstances and senti- 
 ments of so extensive an empire, or to prevent corruption and 
 undue influence, in the exercise of such great powers; the 
 term for which they are to be chosen, too long to preserve a 
 due dependence and accountability to their constituents; and 
 the mode and places of their election not sufficiently ascer- 
 tained, for as Congress have the control over both, they may 
 govern the choice, by ordering the representatives of a whole 
 State, to be elected in one place, and that too may be the 
 most inconvenient. 
 
 The senate, the great efficient body in this plan of govern- 
 ment, is constituted on the most unequal principles. The 
 smallest State in the Union has equal weight with the great 
 States of Virginia, Massachusetts or Pennsylvania. The 
 senate, besides its legislative functions, has a very considera- 
 ble share in the executive; none of the principal appointments 
 to office can be made without its advice and consent. The 
 term and mode of its appointment will lead to permanency ; 
 the members are chosen for six years, the mode is under the 
 control of Congress, and as there is no exclusion by rotation, 
 they may be continued for life, which, from their extensive 
 means of influence, would follow of course. The President, 
 who would be a mere pageant of State, unless he coincides 
 with the views of the senate, would either become the head 
 of the aristocratic junto in that body, or its minion; besides, 
 their influence being the most predominant, could the best 
 secure his re-election to office. And from his power of grant- 
 ing pardons, he might screen from punishment the most 
 treasonable attempts on the liberties of the people, when in- 
 stigated by the senate. 
 
Letters of Centinel. No. I. 575 
 
 From this investigation into the organization of this gov- 
 ernment, it appears that it is devoid of all responsibility or 
 accountability to the great body of the people, and that so 
 far from being a regular balanced government, it would be in 
 practice a permanent aristocracy. 
 
 The framers of it, actuated by the true spirit of such a 
 government, which ever abominates and suppresses all free 
 inquiry and discussion, have made no provision for the lib- 
 erty of the press, that granA palladium of freedom, and scourge 
 of tyrants; but observed a total silence on that head. It is 
 the opinion of some great writers, that if the liberty of the 
 press, by an institution of religion or otherwise, could be 
 rendered sacred, even in Turkey, that despotism would fly 
 before it. And it is worthy of remark that there is no declar- 
 ation of personal rights, premised in most free constitutions; 
 and that trial hy jury in civil cases is taken away; for what 
 other construction can be put on the following, viz : Article 3d, 
 sect. 2d, "In all cases affecting ambassadors, other public 
 ministers and consuls, and those in which a State shall be 
 party, the Supreme Court shall have original jurisdiction. 
 In all the other cases above mentioned, the Supreme Court 
 shall have appellate jurisdiction, both as to law and factP'' 
 It would be a novelty in jurisprudence, as well as evidently 
 improper, to allow an appeal from the verdict of a jury, on 
 the matter of fact; therefore it implies and allows of a dis- 
 mission of the jury in civil cases, and especially when it is 
 considered, that jury trial in criminal cases is expressly stip- 
 ulated for, but not in civil cases. 
 
 But our situation is represented to be so critically dreadful, 
 that, however reprehensible and exceptionable the proposed 
 plan of government may be, there is no alternative between 
 the adoption of it and absolute ruin. My fellow citizens, 
 things are not at that crisis; it is the argument of tyrants; the 
 present distracted state of Europe secures us from injury on 
 that quarter, and as to domestic dissensions, we have not so 
 much to fear from them, as to precipitate us into this form of 
 government, without it is a safe and a proper one. For re- 
 member, oi z\\ possible ^vWs,, that of despotism is the worst and 
 the-most to be dreaded. 
 
576 Letters of Centinel. No. II. 
 
 Besides, it cannot be supposed that the first essay on so 
 difficult a subject, is so well digested as it ought to be; if 
 the proposed plan, after a mature deliberation, should meet 
 the approbation of the respective States, the matter will end ; 
 but if it should be found to be fraught with dangers and in- 
 conveniences, a future general Convention, being in possession 
 of the objections, will be the better enabled to plan a suitable 
 government. 
 
 " Who's here so base, that woui,d a bondman be? 
 If any, speak; for him have i offended. 
 Who's herb so vii,e, that wii,i, not i,ove his country? 
 If any, speak ; for him have i offended . " 
 
 CENTINEL. 
 
 Centinei,, No. II.* 
 
 To the People of Pennsylvania. Friends.^ Countrymen^ 
 and Fellow Citizens. 
 
 As long as the liberty of the press continues unviolated, 
 and the people have the right of expressing and publishing 
 their sentiments upon every public measure, it is next to im- 
 possible to enslave a free nation. The state of society must 
 be very corrupt and base indeed, when the people, in posses- 
 sion of such a monitor as the press, can be induced to ex- 
 change the heaven-born blessings of liberty for the galling 
 chains of despotism. Men of an aspiring and tyrannical dis- 
 position, sensible of this truth, have ever been inimical to 
 the press, and have considered the shackling of it as the 
 first step towards the accomplishment of their hateful domi- 
 nation, and the entire suppression of all liberty of public 
 discussion, as necessary to its support. For even a standing 
 army, that grand engine of oppression, if it were as numerous 
 as the abilities of any nation could maintain, would not be 
 equal to the purposes of despotism over an enlightened people. 
 
 The abolition of that grand palladium of freedom, the 
 liberty of the press, in the proposed plan of government, and 
 the conduct of its authors and patrons, is a striking exempli- 
 fication of these observations. The reason assigned for the 
 
 *From the Freeman' s Journal, Oct., 24, 1787. 
 
Letters of Centinel. No. II. cjj 
 
 omission of a bill of rights, securing the liberty of the press, 
 and other invaluable personal rights, is an insult on the un- 
 derstanding of the people. 
 
 The injunction of secrecy imposed on the members of the 
 late Convention during their deliberations, was obviously 
 dictated by the genius of Aristocracy; it was deemed impo- 
 litic to unfold the principles of the intended government to 
 the people, as this would have frustrated the object in view. 
 
 The projectors of the new plan, supposed that an ex parte 
 discussion of the subject, was more likely to obtain unani- 
 mity in the Convention ; which would give it such a sanction 
 in the public opinion, as to banish all distrust, and lead the 
 people into an implicit adoption of it without examination. 
 
 The greatest minds are forcibly impressed by the immedi- 
 ate circumstances with which they are connected; the parti- 
 cular sphere men move in, the prevailing sentiments of those 
 they converse with, have an insensible and irresistible influ- 
 ence on the wisest and best of mankind; so that when we 
 consider the abilities, talents, ingenuity and consummate ad- 
 dress of a number of the members of the late Convention, 
 whose principles are despotic, can we be surprised that men 
 of the best intentions have been misled in the difficult science 
 of government? Is it derogating from the character of the 
 illustrious and highly revered Washington, to suppose him 
 fallible on a subject that must be in a great measure novel to 
 him? As a patriotic hero, he stands unequalled in the an- 
 nals of time. 
 
 The new plan was accordingly ushered to the public with 
 such a splendor of names, as inspired the most unlimited 
 confidence; the people were disposed to receive upon trust, 
 without any examination on their part, what would have 
 proved either a blessing or a curse to them and their posterity. 
 What astonishing infatuation ! to stake their happiness on 
 the wisdom and integrity of any set of men! In matters of 
 infinitely smaller concern, the dictates of prudence are not 
 disregarded! The celebrated Montesquieu, in his Spirit of 
 Laws, says, that "slavery is ever preceded by sleep." And 
 again, in his account of the rise and fall of the Roman Em- 
 37 
 
578 Letters of Centinel. No. II. 
 
 pire, page 97, ' ' That it may be advanced as a general rule, 
 that in a free State, whenever a perfect calm is visible, the 
 spirit of liberty no longer subsists. ' ' And Mr. Dickinson., in 
 his Farmer's I/Ctters, No. XI., lays it down as a maxim, that 
 "A perpetual jealousy respecting liberty is absolutely requi- 
 site in all free States. ' ' 
 
 ' ' Happy are the men, and happy the people, who grow 
 wise by the misfortunes of others. Earnestly, my dear 
 countrymen, do I beseech the author of all good gifts, that 
 you may grow wise in this manner, and I beg leave to re- 
 commend to you in general, as the best method of obtaining 
 this wisdom, diligently to study the histories of other coun- 
 tries. You will there find all the arts, that can possibly be 
 practised by cunning rulers, or false patriots among your- 
 selves, so fully delineated, that changing names, the account 
 would serve for your own times." 
 
 A few citizens of Philadelphia (too few, for the honor of 
 human nature) who had the wisdom to think consideration 
 ought to precede approbation., and the fortitude to avow that 
 they would take time to judge for themselves on so moment- 
 ous an occasion, were stigmatized as enemies to their country; 
 as monsters, whose existence ought not to be suffered, and 
 the destruction of them and their houses recommended, as 
 meritorious. The authors of the new plan, conscious that it 
 would not stand the test of enlightened patriotism, tyranni- 
 cally endeavored to preclude all investigation. If their views 
 were laudable, if they were honest, the contrary would have 
 been their conduct, they would have invited the freest dis- 
 cussion. Whatever specious reasons may be assigned for 
 secrecy during the framing of the plan, no good one can exist 
 for leading the people blindfolded into the implicit adoption 
 of it. Such an attempt does not augur the public good — it 
 carries on the face of it an intention to juggle the people out 
 of their liberties. 
 
 The virtuous and spirited exertions of a few patriots have 
 at length roused the people from their fatal infatuation to a 
 due sense of the importance of the measure before them. The 
 glare and fascination of names is rapidly abating, and the 
 
Letters of Centinel. No. II. 579 
 
 subject begins to be canvassed on its own merits; and so ser- 
 ious and general has been the impression of the objection 
 urged against the new plan, on the minds of the people, that 
 its advocates, finding mere declamation and scurrility will no 
 longer avail, are reluctantly driven to defend it on the ground 
 of argument. Mr. Wilson, one of the deputies of this State 
 in the late Convention, has found it necessary to come for- 
 ward. * From so able a lawyer, and so profound a politician, 
 what might not be expected, if this act of Convention be the 
 heavenly dispensation which some represent it? Its divinity 
 would certainly be illustrated by one of the principal instru- 
 ments of the Revelation; for this gentleman has that trans- 
 cendent merit! But if, on the other hand, this able advo- 
 cate has failed to vindicate it from the objections of its 
 adversaries, must we not consider it as the production of 
 frail and interested men. 
 
 Mr. Wilson has recourse to the most flimsy sophistry in 
 his attempt to refute the charge that the new plan of general 
 government will supersede and render powerless the state 
 governments. His quibble upon the term Corporation, as 
 sometimes equivalent to communities which possess sover- 
 eignty, is unworthy of him. The same comparison in the 
 case of the British parliament assuming to tax the colonies, 
 is made in the Xth of the Farmer's I,etters, and was not 
 misunderstood in 1768 by any. He says that the existence 
 of the proposed federal plan depends on the existence of the 
 State governments, as the senators are to be appointed by the 
 several legislatures, who are also to nominate the electors 
 who choose the President of the United States; and that hence 
 all fears of the several States being melted down into one 
 empire, are groundless and imaginary. But who is so dull 
 as not to comprehend, that the semblance and forms of an 
 ancient establishment may remain, after the reality is 
 gone. Augustus, by the aid of a great army, assumed des- 
 potic power, and notwithstanding this, we find even under 
 Tiberius, Caligula and Nero, princes who disgraced human 
 nature by their excesses, the shadows of the ancient consti- 
 
 * See speech of James Wilson, Oct. 6, 1787.— Editor. 
 
580 Letters of Centinel. No. II. 
 
 tution held up to amuse the people. The senate sat as 
 formerly; consuls, tribunes of the people, censors and other 
 officers were annually chosen as before, and the forms of re- 
 publican government continued. Yet all this was in appear- 
 ance only. — Every senatus consultum was dictated by him or 
 his ministers, and every Roman found himself constrained to 
 submit in all things to the despot. 
 
 Mr. Wilson asks, "What control can proceed from the 
 federal government to shackle or destroy that sacred palla- 
 dium of natural freedom, the liberty of the press f"" What! 
 Cannot Congress, when possessed of the immense authority 
 proposed to be devolved, restrain the printers, and put them 
 under regulation? Recollect that the omnipotence of the 
 federal legislature over the State establishments, is recognized 
 by a special article, viz., — "that this Constitution, and the 
 laws of the United States which shall be made in pursuance 
 thereof, and all 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 Constitutions or laws of any State 
 to the contrary notwithstanding." After such a declaration, 
 what security do the Constitutions of the several States 
 afford for the liberty of the press and other invaluable personal 
 rights^ not provided for by the new plan? Does not this 
 sweeping clause subject everything to the control of Con- 
 gress? 
 
 In the plan of Confederation of 1778, now existing, it was 
 thought proper by Article the 2d, to declare that "each 
 State retains its sovereignty, freedom and independence, and 
 every power, jurisdiction and right, which is not by this 
 Confederation expressly delegated to the United States in 
 Congress assembled. ' ' Positive grant was not then thought 
 sufficiently descriptive and restraining upon Congress, and 
 the omission of such a declaration now., when such great de- 
 volutions of power are proposed, manifests the design of re- 
 ducing the several States to shadows. But Mr. Wilson tells 
 you, that every right and power not specially granted to Con- 
 gress is considered as withheld. How does this appear ? Is 
 
Letters of Centinel. No. II. 581 
 
 this principle established by the proper authority? Has the 
 Convention made such astipulation? By no means. Quite 
 the reverse; the laws of Congress are to be "the supreme 
 law of the land, any thing in the Constitutions or laws of 
 any State to the contrary notwithstanding;" and conse- 
 quently, -WQ\A^\t^ paramount to all State authorities. The 
 lust of power is so universal, that a speculative unascertained 
 rule of constmiction would be a _^oor security for the liberties 
 of the people. 
 
 Such a body as the intended Congress, unless particularly 
 inhibited and restrained, must grasp at omnipotence, and be- 
 fore long swallow up the legislative, the executive, and the 
 judicial powers of the several States. 
 
 In addition to the respectable authorities quoted in my first 
 number, to show that the right of taxation includes all the 
 powers of government, I beg leave to adduce the Farmer's 
 Letters, see particularly letter gth, in which Mr. Dickinson 
 has clearly proved, that if the British Parliament assumed 
 the power of taxing the colonies, internally^ as well as extern- 
 ally^ and it should be submitted to, the several colony legis- 
 latures would soon become contemptible, and before long fall 
 into disuse. Nothing, says he, would be left for them to do, 
 higher than to frame by-laws for empounding of cattle or the 
 yoking of hogs. 
 
 By the proposed plan, there are divers cases of judicial au- 
 thority to be given to the courts of the United States, besides 
 the two mentioned by Mr. Wilson. In maritime causes about 
 property, jury trial has not been usual ; but in suits in equity^ 
 with all due deference to Mr. Wilson's professional abilities, 
 (which he calls to his aid) jury trial, as to facts, is in full ex- 
 ercise. Will this jurisperitus say that if the question in equity 
 should be, did John Doe make a will, that the chancellor of 
 England would decide upon it ? He well knows that in this 
 case, there being no mode of jury trial before the chancellor, 
 the question would be referred to the court of king's bench 
 for discussion according to the common law, and when the 
 judge in equity should receive the verdict, the fact so estab- 
 lished could never be re-examined or controverted. Mari- 
 
r82 Letters of Centinel. No. II. 
 
 time causes and those appertaining to a court of equity, are, 
 however, but two of the many and extensive subjects of fed- 
 eral cognizance mentioned in the plan. This jurisdiction will 
 embrace all suits arising under' the laws of impost, excise and 
 other revenue of the United States. In England if goods be 
 seized, if a ship be prosecuted for non-compliance with, or 
 breach of the laws of the customs, or those for regulating 
 trade, in the courts of exchequer, the claimant is secured of 
 the transcedent privilege of Englishmen, trial by a jury of 
 his peers. Why not in the United States of America? This 
 jurisdiction also goes to all cases under the laws of the United 
 States, that is to say, under all statutes and ordinances of 
 Congress. How far this may extend, it is easy to forsee; for 
 upon the decay of the state powers of legislation, in conse- 
 quence of the loss of Wi^ purse-strings^ it will be found neces- 
 sary for the federal legislature to make laws upon every 
 subject of legislation. Hence the state courts of justice, like 
 the barony and hundred courts of England, will be eclipsed 
 and gradually fall into disuse. 
 
 The jurisdiction of the federal court goes, likewise, to the 
 laws to be created by treaties, made by the President and 
 Senate (a species of legislation) with other nations; "to all 
 cases affecting foreign ministers and consuls; to controver- 
 sies wherein the United States shall be a party; to contro- 
 versies between citizens of different states," as when an in- 
 habitant of New York has a demand on an inhabitant of New 
 fersey. This last is a very invidious jurisdiction, implying 
 an improper distrust of the impartiality and justice of the 
 tribunals of the states. It will include all legal debates be- 
 tween foreigners in Britain, or elsewhere, and the people of 
 this country. A reason hath been assigned for it, viz: "That 
 large tracts of land, in neighboring states, are claimed under 
 royal or other grants, disputed by the states where the 
 lands lie, so that justice cannot be expected from the state 
 tribunals." Suppose it were proper indeed to provide for 
 such cases, why include all cases, and for all time to come? 
 Demands as to land for 21 years would have satisfied this. 
 A London merchant shall come to America, and sue for his 
 
Letters of Centinel. No. II. 1583 
 
 supposed debt, and the citizen of this country shall be de- 
 prived of jury trial, and subjected to an appeal (tho' nothing 
 but the fact is disputed) to a court 500 or 1000 miles from 
 home; when if this American has a claim upon an inhabitant 
 of England, his adversary is secursd of the privilege of jury 
 trial. This jurisdiction goes also to controversies between 
 any state and its citizens; which, though probably not in- 
 tended, may hereafter be set up as a ground to divest the 
 states, severally, of the trial of criminals; inasmuch as every 
 charge of felony or misdemeanor, is a controversy between 
 the state and a citizen of the same: that is to say, the state is 
 plaintiff and the party accused is defendant in the prose- 
 cution. In all doubts about jurisprudence, as was observed 
 before, the paramount courts of Congress will decide, and the 
 judges of the state, being sub graviore lege, under the para- 
 mount law, must acquiesce. 
 
 Mr. Wilson says that it would have been impracticable to 
 have made a general rule for jury trial in the civil cases as- 
 signed to the federal judiciary, because of the want of uni- 
 formity in the mode of jury trial, as practiced by the several 
 states. This objection proves too much, and therefore 
 amounts to nothing. If it precludes the mode of common 
 law in civil cases, it certainly does in criminal. Yet in these 
 we are told "the oppression of government is effectually 
 barred by declaring that in all criminal cases trial by jury 
 shall be preserved. ' ' Astonishing that provision could not be 
 made for a jury in civil controversies of twelve men, whose 
 verdict should be unanimous, to be taken from, the vicinage; a 
 precaution which is omitted as to trial of crimes, which may 
 be anywhere in the State within which they have been com- 
 mitted. So that an inhabitant of Kentucky may be tried for 
 treason at Richmond. 
 
 The abolition of jury trial in civil cases, is the more con- 
 siderable, as at length the courts of Congress will supersede 
 the state courts, when such mode of trial will fall into disuse 
 among the people of the United States. 
 
 The northern nations of the European continent have all 
 lost this invaluable privilege: Sweden, the last of them, by 
 
584 Letters of Centinel. No. II. 
 
 the artifices of the aristocratic senate, which depressed the 
 king and reduced the house of commons to insignificance. 
 But the nation a few years ago, preferring the absolute 
 authority of a monarch to the vexatious domination of the 
 well-born few, an end was suddenly put to their power. 
 
 "The policy of this right of juries, (says Judge Blackstone) 
 to decide upon fact^ is founded on this: That if the power of 
 judging were entirely trusted with the magistrates, or any 
 select body of men, named by the executive authority, their 
 decisions, in spite of their own natural integrity, would have 
 a bias towards those of their own rank and dignity ; for it is 
 not to be expected, that the few should be attentive to the 
 rights of the many. This therefore preserves in the hands of 
 the people, that share which they ought to have in the admin- 
 istration of justice, and prevents the encroachments of the 
 more powerful and wealthy citizens." 
 
 The attempt of governor Colden, of New York, before the 
 Revolution, tore-examine theyac^j and re-consider the dama- 
 ges, in the case of Forsey against Cunningham, produced 
 about the year 1764 a flame of patriotic and successful opposi- 
 tion, that will not be easily forgotten. 
 
 To manage the various and extensive judicial authority, 
 proposed to be vested in Congress, there will be one or more 
 inferior courts immediately requisite in each State; and laws 
 and regulations must be forthwith provided to direct the judges 
 — here is a wide door for inconvenience to enter. Contracts 
 made under the acts of the States respectively, will come be- 
 fore courts acting under new laws and new modes of pro- 
 ceedings, not thought of when they were entered into. An 
 inhabitant of Pennsylvania residing at Pittsburgh, finds the 
 goods of his debtor, who resides in Virginia, within the 
 reach of his attachment; but no writ can be had to authorize 
 the marshal, sheriff, or other ofiicer of Congress, to seize the 
 property, about to be removed, nearer than 200 miles: sup- 
 pose that at Carlisle, for instance, such a writ may be had, 
 meanwhile the object escapes. Or if an inferior court, 
 whose judges have ample salaries, be established in every 
 county, would not the expense be enormous? Every reader 
 
Letters of Centinel. No. II. 585 
 
 can extend in his imagination, the instarifces of difficulty 
 which would proceed from this needless interference with the 
 judicial rights of the separate States, and which as much as 
 any other circumstance in the new plan, implies that the 
 dissolution of their forms of government is designed. 
 
 Mr. Wilson skips very lightly over the danger apprehended 
 from the standing army allowed by the new plan. This 
 grand machine of power and oppression, may be made a fatal 
 instrument to overturn the public liberties, especially as the 
 funds to support the troops may be granted for two years, 
 whereas in Britain, the grants ever since the revolution in 
 1688, have been from year to year. A standing army with 
 regular provision of pay and contingencies, would afford a 
 strong temptation to some ambitious man to step up into the 
 throne, and to seize absolute power. The keeping on foot 
 a hired military force in time ofpeace^ ought not to be gone 
 into, unless two-thirds of the members of the federal legisla- 
 ture agree to the necessity of the measure, and adjust the 
 numbers employed. Surely Mr. Wilson is not serious when 
 he adduces the instance of the troops now stationed on the 
 Ohio, as a proof of the propriety of a standing army. They 
 are a mere occasional armament for the purpose of restraining 
 divers hostile tribes of savages. It is contended that under 
 the present confederation, Congress possess the power of rais- 
 ing armies at pleasure; but the opportunity which the States 
 severally have of withholding the supplies necessary to keep 
 these armies on foot, is a sufficient check on the present 
 Congress. 
 
 Mr. Wilson asserts, that never was charge made with less 
 reason, that that which predicts the institution of a baneful 
 aristocracy in the federal Senate. In my first number, I 
 stated that this body would be a very unequal representation 
 of the several States, that the members being appointed for 
 the long term of six years, and there being no exclusion by 
 rotation, they might be continued for life, which would fol- 
 low of course from their extensive means of influence, and 
 that possessing a considerable share in the executive as well 
 as legislative^ it would become a permanent aristocracy^ and 
 swallow up the other orders in the government. 
 
586 Letters of Centinel. No. II. 
 
 That these fears are not imaginary, a knowledge of the 
 history of other nations, where the powers of government 
 have been injudiciously placed, will fully demonstrate. Mr. 
 Wilson says, "the senate branches into two characters; the 
 one legislative and the other executive. In its legislative char- 
 acter it can effect no purpose, without the co-operation of the 
 house of representatives, and in its executive character it can 
 accomplish no object without the concurrence of the presi- 
 dent. Thus fettered, I do not know any act which the senate 
 can of itself perform, and such dependence necessarily pre- 
 cludes every idea of influence and superiority." This I con- 
 fess is very specious, but experience demonstrates that checks 
 in government, unless accompanied with adequate power and 
 independently placed, prove merely nominal^ and will be in- 
 operative. Is it probable, that the President of the United 
 States, limited as he is in power, and dependent on the will 
 of the senate, in appointments to ofHce, will either have the 
 firmness or inclination to exercise his prerogative of a condi- 
 tional control upon the proceedings of that body, however in- 
 jurious they may be to the public welfare? It will be his in- 
 terest to coincide with the views of the senate, and thus be- 
 come the head of the aristocratic junto. The king of England 
 is a constitutent part in the legislature, but although an he- 
 reditary monarch, in possession of the whole executive power, 
 including the unrestrained appointment to offices, and an im- 
 mense revenue, enjoys but in name the prerogative of a nega- 
 tive upon the parliament. Even the king of England, cir- 
 cumstanced as he is, has not dared to exercise it for near a cen- 
 tury past. The check of the house of representatives upon 
 the senate will likewise be rendered nugatory for want of due 
 weight in the democratic branch, and from their constitution 
 they may become so independent of the people as to be indif- 
 ferent of its interests: nay, as Congress would have the con- 
 trol over the mode and place of their election, by ordering 
 the representatives of a whole state to be elected at one place, 
 and that too the most inconvenient^ the ruling powers may 
 govern the choice^ and thus the house of representatives may 
 be composed of the. creatures of the senate. Still the setn- 
 blance of checks may remain, but without operation. 
 
Letters of Centinel. No. II. 587 
 
 Tliis mixture of the legislative and executive moreover 
 highly tends to corruption. The chief improvement in 
 government, in modern times, has been the complete separ- 
 ation of the great distinctions of power; placing the legislative 
 in different hands from those which hold the executive; and 
 again severing the judicial part from the ordinary admin- 
 istrative. "When the legislative and executive powers (says 
 Montesquieu) are united in the same person, or in the same 
 body of magistrates, there can be no liberty." 
 
 Mr. Wilson confesses himself not satisfied with the organ- 
 ization of the federal senate, and apologizes for it, by alleg- 
 ing a sort of compromise. It is well known that some mem- 
 bers of convention, apprized of the mischiefs of such a com- 
 pound of authority, proposed to assign the supreme executive 
 powers to the president and a small council, made personally 
 responsible for every appointment to office, or other act, by 
 having their opinions recorded; and that without the concur- 
 rence of the majority of the quorum of this council, the pres- 
 ident should not be capable of taking any step. Such a 
 check upon the chief magistrate would admirably secure the 
 power of pardoning, now proposed to be exercised by the 
 president alone, from abuse. For as it is placed he may 
 shelter the traitors whom he himself or his coadjutors in the 
 senate have excited to plot against the liberties of the nation. 
 
 The delegation of the power of taxation to Congress, as far 
 as duties on imported commodities, has not been objected to. 
 But to extend this to excises, and every species of internal 
 taxation, would necessarily require so many ordinances of 
 Congress, affecting the body of the people, as would perpetu- 
 ally interfere with the State laws and personal concerns of 
 the people. This alone would directly tend to annihilate the 
 particular governments; for the people fatigued with the 
 operation of two masters would be apt to rid themselves of 
 the weaker. But we are cautioned against being alarmed 
 with imaginary evils, for Mr. Wilson has predicted that the 
 great revenue of the United States will be raised by impost. 
 Is there any ground for this ? Will the impost supply the 
 sums necessary to pay the interest and principal of the foreign 
 
588 Letters of Centinel. No. II. 
 
 loan, to defray the great additional expense of the new con- 
 stitution ; for the policy of the new government will lead it 
 to institute numerous and lucrative civil offices, to extend its 
 influence and provide for the swarms of expectants (the 
 people having in fact no control upon its disbursements), and 
 to afford pay and support for the proposed standing army, 
 that darling and long-wished for object of the well-born of 
 America; and which, if we may judge from the principles of 
 the intended government, will be no trifling establishment, 
 for cantonments of troops in every district of America will 
 be necessary to compel the submission of the people to the 
 arbitary dictates of the ruling powers? I say, will the impost 
 be adequate? By no means. To answer these there must be 
 excises and other indirect duties imposed, and as land taxes 
 will operate too equally to be agreeable to the wealthy aris- 
 tocracy in the senate who will be possessed of the government, 
 poll taxes will be substituted, as provided for in the new plan; 
 for the doctrine then will be that slaves ought to pay for 
 wearing their heads. 
 
 As the taxes necessary for these purposes will drain your 
 pockets of every penny, what is to become of that virtuous 
 and meritorious class of citizens, the public creditors? How- 
 ever well disposed the people of the United States may be to 
 do them justice, it would not be in their power; and, after 
 waiting year after year, without prospect of the payment of 
 the interest or principal of the debt, they will be constrained 
 to sacrifice their certificates in the purchase of waste lands in 
 the far distant wilds of the western territory. 
 
 From the foregoing illustration of the powers proposed to 
 be devolved to Congress, it is evident that the general 
 government would necessarily annihilate the particular gov- 
 ernments, and that the security of the personal rights of the 
 people by the state constitutions is superseded and destroyed ; 
 hence results the necessity of such security being provided 
 for by a bill of rights to be inserted in the new plan of federal 
 government. What excuse can we then make for the omis- 
 sion of this grand palladium, this barrier between liberty and 
 oppression? For universal experience demonstrates the 
 
Letters of Centinel. No. II. 589 
 
 necessity of the most express declarations and restrictions, to 
 protect the rights and liberties of mankind from the, silent, 
 powerful and ever-active conspiracy of those who govern. 
 
 The new plan, it is true, does propose to secure the people 
 of the benefit of personal liberty by the habeas corpus^ and 
 trial by jury for all crimes, except in case of impeachment: 
 but there is no declaration, that all men have a natural and 
 unalienable right to worship Almighty God, according to the 
 dictates of their own consciences and understanding; and 
 that no man ought, or of right can be compelled to attend 
 any religious worship, or erect or support any place of wor- 
 ship, or maintain any ministry, contrary to, or against his 
 own free will and consent; and that no authority can or 
 ought to be vested in, or assumed by any power whatever, 
 that shall in any case interfere with, or in any manner con- 
 trol, the right of conscience in the free exercise of religious 
 worship: that the trial by jury in civil causes as well as 
 criminal, and the modes perscribed by the common law for 
 safety of life in criminal prosecutions, shall be held sacred; 
 that the requiring of excessive bail, imposing of excessive 
 fines and cruel and unusual punishments be forbidden; that 
 monoplies in trade or arts, other than to authors of books or 
 inventors of useful arts for a reasonable time, ought not to 
 be suffered; that the right of the people to assemble peace- 
 ably for the purpose of consulting about public matters, and 
 petitioning or remonstrating to the federal legislature, ought 
 not to be prevented; that the liberty of the press be held 
 sacred; that the people have a right to hold themselves, 
 their houses, papers and possessions free from search or 
 seizure ; and that therefore warrants without oaths or affir- 
 mations first made affording a sufiicient foundation for them, 
 and whereby any officer or messenger may be commanded or 
 required to search suspected places, or to seize any person or 
 his property, not particularly described, are contrary to that 
 right and ought not to be granted; and that standing armies 
 in time of peace are dangerous to liberty, and ought not to be 
 permitted but when absolutely necessary; all which is 
 omitted to be done in the proposed government. 
 
590 Letters of Centinel. No. II. 
 
 But Mr. Wilson says, the new plan does not arrogate per- 
 fection, for it provides a mode of alteration and correction, if 
 found necessary. This is one among the numerous deceptions 
 attempted on this occasion. True, there is a mode prescribed 
 for this purpose. But it is barely possible that amendments 
 may be made. The fascination of power must first cease, the 
 nature of mankind undergo a revolution, that is hot to be ex- 
 pected on this side of eternity. For to eflfect this (Art. 6) it 
 is provided, that if two-thirds of both houses of the federal 
 legislature shall propose them, or when two thirds of the 
 several States by their legislatures shall apply for them, the 
 federal assembly shall call a convention for proposing amend- 
 ments, which when ratified by three-fourths of the State 
 legislatures, or conventions, as Congress shall see best, shall 
 control and alter the proposed confederation. Does history 
 abound with examples of a voluntary relinquishment of 
 power, however injurious to the community? No; it would 
 require a general and successful rising of the people to effect 
 anything of this nature. The provision therefore is mere 
 sound. 
 
 The opposition to the new plan (says Mr. Wilson) proceeds 
 from interested men, vis.^ the ofiicers of the state govern- 
 ments. He had before denied that the proposed transfer of 
 powers to Congress would annihilate the state governments. 
 But he here laj's aside the masque, and avows the fact. For, 
 the truth of the charge against them must entirely rest on 
 such consequence of the new plan. For if the state estab- 
 lishments are to remain unimpaired, why should officers 
 peculiarly connected with them, be interested to oppose, the 
 adoption of the new plan? Except the collector of the im- 
 post, judge of the admiralty, and the collectors of excise, 
 (none of whom have been reckoned of the opposition) they 
 would otherwise have nothing to apprehend. But the charge 
 is unworthy and may with more propriety be retorted on the 
 expectants of office and emolument under the intended 
 government. 
 
 The opposition is not so partial and interested as Mr. 
 Wilson asserts. It consists of a respectable yeomanry 
 
Letters of Centinel. No. II. ^gi 
 
 throughout the union, of characters far removed above the 
 reach of his unsupported assertions. It comprises many 
 worthy members of the late convention, and a majority of 
 the present Congress, for a motion made in that honorable 
 body, for their approbation and recommendation of the new 
 plan, was after two days' animated discussion, prudently 
 withdrawn by its advocates, and a simple transmission* of 
 the plan to the several states could only be obtained; yet 
 this has been palmed upon the people as the approbation of 
 Congress; and to strengthen the deception, the bells of the 
 city of Philadelphia were rung for a whole day. 
 
 Are Mr. TV- w, and many of his coadjutors in the late 
 
 C n, the disinterested patriots they would have us be- 
 lieve? Is their conduct any recommendation of their plan of 
 government? View them the foremost and loudest on the 
 floor of Congress, in our assembly, at town meetings, in 
 sounding its eulogiums: — view them preventing investi- 
 gation and discussion, and in the most despotic manner en- 
 deavoring to compel its adoption by the people, with such 
 precipitancy as to preclude the possibility of a due consider- 
 ation, and then say whether the motives of these men can be 
 pure. 
 
 My fellow citizens, such false detestable patriots in every 
 nation, have led their blind confiding country, shouting their 
 applauses, into the jaws of despotism and ruin. May the 
 wisdom and virtue of the people of America save them from 
 the usual fate of nations. Centinel. 
 
 * Upon the last motion being made, those who had strenuously and suc- 
 cessfully opposed Congress giving any countenance of approbation or rec- 
 ommendation to this system of oppression, said: "We have no objection to 
 transmit the new plan of government to the several states, that they may 
 have an opportunity of judging for themselves on so momentous a subject. ' ' 
 Whereupon it was unanimously agreed to, in the following words, viz : 
 Congress having received the report of the Convention latety assembled in 
 Philadelphia, resolved unanimously, that the said report, with the resolutions 
 and letter accompanying the same, be transmitted to the several legislatures, 
 in order to be submitted to a convention of delegates, chosen in each state 
 by the people thereof, in conformity to the resolves of the Convention, made 
 and provided in that case." 
 
592 Letters of Centinel. No. III. 
 
 Cbntinei, No. III. * 
 To the People of Pennsylvania. 
 
 John 3d, verse 20th. — "For every one that doeth evil, hateth the light, 
 neither Cometh to the light, lest his deeds should be reproved." But " there 
 is nothing covered that shall not be revealed ; neithlr hid that shall not be 
 known. Therefore whatever ye have spoken in darkness, shall be keard in 
 the light : and that which ye have spoken in the ear in closets, shall be pro- 
 claimed on the housetops." — St. Luke, chap, xii, 2d and 3d verses. 
 
 Friends, Countrymen.^ and Fellow Citizens I 
 
 The formation of a good government is the greatest effort 
 of human wisdom, actuated by disinterested patriotism; but 
 such is the cursed nature of ambition, so prevalent among 
 men, that it would sacrifice everything to its selfish gratifica- 
 tion ; hence the fairest opportunities of advancing the happi- 
 ness of humanity, are so far from being properly improved, 
 that they are too often converted by the votaries of power and 
 domination, into the means of obtaining their nefarious ends. 
 It will be the misfortune of America of adding to the number 
 of examples of this kind, if the proposed plan of government 
 should be adopted; but I trust, short as the time allowed you 
 for consideration is, you will be so fully convinced of the 
 truth of this, as to escape the impending danger; it is only 
 necessary to strip the monster of its assumed garb, and to ex- 
 hibit it in its native colours, to excite the universal abhor- 
 rence and rejection of every virtuous and patriotic mind. 
 
 For the sake of my dear country, for the honor of human 
 nature, I hope and am persuaded that the good sense of the 
 people will enable them to rise superior to the most formida- 
 ble conspiracy against the liberties of a free and enlightened 
 nation, that the world has ever witnessed. How glorious 
 would be the triumph! How it would immortalize the pres- 
 ent generation in the annals of freedom! 
 
 The establishment of a government, is a subject of such 
 momentous and lasting concern, that it should not be gone 
 into without the clearest conviction of its propriety, which 
 can only be the result of the fullest discussion, the most 
 
 *Froia "The Independent Gazetteer, or, The Chronicle of Freedom," 
 Nov. 8, 1787. 
 
Letters of Centinel. No. III. 593 
 
 thorough investigation and dispassionate consideration of its 
 nature, principles and construction. You are now called 
 upon to make this decision, which involves in it not only 
 your fate, but that of your posterity for ages to come. Your 
 determination will either ensiire the possession of those bless- 
 ings which render life desirable, or entail those evils which 
 make existence a curse : that such are the consequences of a 
 wise or improper organization of government, the history of 
 mankind abundantly testifies. If you viewed the magnitude 
 of the object in its true light, you would join with me in 
 sentiment, that the new government ought not to be implic- 
 itly admitted. Consider then duly before you leap, for after 
 the Rubicon is once passed, there will be no retreat. 
 
 If you were even well assured that the utmost purity of in- 
 tention predominated in the production of the proposed gov- 
 ernment, such is the imperfection of human reason and 
 knowledge, that it would not be wise in you to adopt it with 
 precipitation in toto, for all former experience must teach 
 you the propriety of a revision on such occasions, to correct 
 the erro'rs, and supply the deficiencies that may appear nec- 
 essary. In every government whose object is the public wel- 
 fare, the laws are siibjected to repeated revisions, in some by 
 different orders in the governments, in others by an appeal to 
 the judgment of the people and deliberative forms of proce- 
 dure. A knowledge of this, as well as of other states, will 
 show that in every instance where a law has been passed 
 without the usual precautions, it has been productive of great 
 inconvenience and evils, and frequently has not answered the 
 end in view, a supplement becoming necessary to supply its 
 deficiencies. 
 
 What then are we to think of the motives and designs of 
 those men who are urging the implicit and immediate adop- 
 tion of the proposed government; are they fearful, that if you 
 exercise your good sense and discernment, you will discover 
 the masqued aristocracy, that they are attempting to smuggle 
 upon you under the suspicious garb of republicanism? When 
 we find that the principal agents in this business are the very 
 men who fabricated the form of government, it certainly 
 38 
 
594 Letters of Centinel. No. III. 
 
 ought to be conclusive evidence of their invidious design to 
 deprive us of our liberties. The circumstances attending this 
 matter, are such as should in a peculiar manner excite your 
 suspicion; it might not be useless to take a review of some of 
 them. 
 
 In many of the states, particularly in this and the northern 
 states, there are aristocratic juntos of the well-born few^ who 
 had been zealously endeavoring since the establishment of 
 their constitutions, to humble that offensive upstart, equal 
 liberty ; but all their efforts were unavailing, the ill-bred 
 churl obstinately kept his assumed station. 
 
 However, that which could not be accomplished in the 
 several states, is now attempting through the medium of the 
 future Congress. Experience having shown great defects in 
 the present confederation, particularly in the regulation of 
 commerce and maritime afiFairs; it became the universal wish 
 of America to grant further powers, so as to make the federal 
 government adequate to the ends of its institution. The 
 anxiety on this head was greatly increased, from the impover- 
 ishment and distress occasioned by the excessive importations 
 of foreign merchandise and luxuries and consequent drain of 
 specie, since the peace: thus the people were in the disposi- 
 tion of a drowning man; eager to catch at anything that 
 promised relief, however delusory. Such an opportunity for 
 the acquisition of undue power has never been viewed with 
 indifference by the ambitious and designing in any age or 
 nation, and it has accordingly been too successfully improved 
 by such men among us. The deputies from this state (with 
 the exception of two) and most of those from the other states 
 in the union, were unfortunately of this complexion, and 
 many of them of such superior endowments, that in an ex parte 
 disussion of the subject by specious glosses, they have gained 
 the concurrence of some well disposed men, in whom their 
 country has great confidence, which has given a great sanc- 
 tion to their scheme of power. 
 
 A comparison of the authority under which the convention 
 acted, and their form of government, will show that they 
 have despised their delegated power, and assumed sove- 
 
Letters of Centinel. No. III. 595 
 
 reignty ; that they have entirely annihilated the old confedera- 
 tion, and the particular governments of the several States, 
 and instead thereof have established one general government 
 that is to pervade the union; constituted on the most un- 
 equal principles, destitute of accountability to its constituents, 
 and as despotic in its nature, as the Venetian aristocracy; a 
 government that will give full scope to the magnificent 
 designs of the well-born^ a government where tyranny may 
 glut its vengeance on the low-born.^ unchecked by an odious 
 bill of rights .1 as has been fully illustrated in my two preced- 
 ing numbers; and yet as a blind upon the understandings of 
 the people, they have continued the forms of the particular 
 governments, and termed the whole a confederation of the 
 United States, pursuant to the sentiments of that profound, 
 but corrupt politician Machiavel, who advises any one who 
 would change the constitution of a State to keep as much as 
 possible to the old forms; for then the people seeing the 
 same ofl&cers, the same formalities, courts of justice and other 
 outward appearances, are insensible of the alteration, and be- 
 lieve themselves in possession of their old government. 
 Thus Caesar, when he seized the Roman liberties, caused 
 himself to be chosen dictator (which was an ancient office) 
 continued the senate, the consuls, the tribunes, the censors, 
 and all other offices and forms of the commonwealth; and 
 yet changed Rome from the most free, to the most tyrannical 
 government in the world. 
 
 The convention, after vesting all the great and efficient 
 powers of sovereignty in the general government, insidiously 
 declare by section 4th of article 4th, ' ' that the United States 
 shall guarantee to every State in this union, a republican 
 yorw of government;" but of what avail will be the y^rw, 
 without the reality of freedom ? 
 
 The late convention, in the majesty of its assumed omnipo- 
 tence, have not even condescended to submit the plan of the 
 new government to the confederation of the people, the true 
 source of authority; but have called upon them by their sev- 
 eral constitutions, to 'assent to and ratify'* in to to, what 
 
 * See resolution of Convention accompanying the instrument of the pro- 
 posed government. 
 
rgS Letters of Centinel. No. III. 
 
 they have been pleased to decree; just as the grand monarque 
 of France requires the parliament of Paris to register his 
 edicts without revision or alteration, which is necessary pre- 
 vious to their execution. 
 
 The authors and advocates of the new plan, conscious that 
 its establishment can only be obtained from the ignorance of 
 the people of its true nature, and their unbounded confidence 
 in some of the men concurring, have hurried on its adoption 
 with a precipitation that betrays their design ; before many 
 had seen the new plan, and before any had time to examine 
 it, they by their ready minions, attended by some well-dis- 
 posed but mistaken persons, obtained the subscriptions of the 
 people to papers expressing their entire approbation of, and 
 their wish to have it established ; thus precluding them from 
 any consideration; but lest the people should discover the 
 juggle, the elections of the State conventions are urged on 
 at very early days: the proposition of electing the convention 
 for this State in nine days after the date of the resolution for 
 all counties east of Bedford, and supported by three or four 
 of the deputies of the convention, and who were also mem- 
 bers of the then assembly, is one of the most extravagant in- 
 stances of this kind; and even this was only prevented by 
 the secession of nineteen virtuous and enlightened members. * 
 
 *The message of the President and Council, sent into tie present General 
 Assembly on tlie 27tli of October last, discloses another imposition. The 
 Board sent to the House the official transmission of the proposed constitu- 
 tion of the United States, inclosed in a letter from the President of Congress, 
 which proves that the paper produced to the last House on the day before 
 the final rising of the same, was a surreptitious copy of the vote of Congress, 
 obtained for the purpose of deluding the Legislature into the extravagance 
 of directing an election of Convention within nine days. 
 
 The provision made by the Convention of Pennsylvania, which sat in 1776 
 for amending the constitution, is guarded with admirable wisdom and cau- 
 tion. A Council of Censors is to be holden every seven years, which shall 
 have power (two-thirds of the whole number elected agreeing) to propose 
 amendments of the same government, and to call a Convention to adopt and 
 establish these propositions; but the alterations must be " promulgated a^ 
 least six months before the day appointed for the election of such Conven- 
 tion, for the previous consideration of the people, that they may have an 
 opportunity of instructing their delegates on the subject." The present 
 measures explain the conduct of a certain party of the Censors, who sat in 
 
Letters of Centinel. No. III. 557 
 
 In order to put the matter beyond all recall, they have 
 proceeded a step further; they have made the deputies nom- 
 inated for the state convention for this city and elsewhere, 
 pledge their sacred honor, previous to their election, that 
 they would implicitly adopt the proposed government in 
 toto. Thus, short as the period is before the final fiat is to be 
 given, consideration is rendered nugatory, and conviction of 
 its dangers or impropriety unavailable. A good cause does 
 not stand in need of such means; it scorns all indirect ad- 
 vantages and borrowed helps, and trusts alone to its own 
 native merit and intrinsic strength: the lion is never known 
 to make use of cunning, nor can a good cause suffer by a free 
 and thorough examination — it is knavery that seeks disguise. 
 Actors do not care that any one should look into the tiring 
 room, nor jugglers or sharpers into their hands or boxes. 
 
 Every exertion has been made to suppress discussion by 
 shackling the press; but as this could not be effected in this 
 state, the people were warned not to listen to the adversaries 
 of the proposed plan, lest they should impose upon them, and 
 thereby prevent the adoption of this blessed government. 
 What figure would a lawyer make in a court of justice, if he 
 should desire the judges not to hear the counsel of the other 
 side, lest they should perplex the cause and mislead the court? 
 Would not every bystander take it for granted, that he was 
 conscious of the weakness of his client's cause, and that it 
 could not otherwise be defended than by not being under- 
 stood? 
 
 All who are friends to liberty are friends to reason, the 
 champions of liberty; and none are foes to liberty but those 
 who have truth and reason for their foes. He who has dark 
 purposes to serve, must use dark means: light would discover 
 him, and reason expose him: he must endeavor to shut out 
 both, and make them look frightful by giving them ill 
 names. 1 
 
 Liberty only flourishes where reason and knowledge are 
 
 1784 (much fewer tlian two-thirds of the whole), that proposed to abolish 
 the 47th article of the constitution, whereby the manner of amending the 
 same was regulated. 
 
598 Letters of Centinel. No. III. 
 
 encouraged: and whenever the latter are stifled, the former 
 is extinguished. In Turkey printing is forbid, enquiry is 
 dangerous, and free speaking is capital ; because they are all 
 inconsistent with the nature of the government. Hence it is 
 that the Turks are all stupidly ignorant and are all slaves. 
 
 I shall now proceed in the consideration of the construction 
 of the proposed plan of government. By section 4th of article 
 1st of the proposed government it is declared, "that the 
 times, places, and manner of holding elections for senators 
 and representatives shall be prescribed in each State by the 
 legislature thereof; but the Congress may at any time by law 
 make or alter such regulations except as to the place of choos- 
 ing senators. ' ' Will not this section put it in the power of 
 the future Congress to abolish the suffrage by ballot, so indis- 
 pensable in a free government? Montesquieu in his Spirit of 
 Laws, vol. I, page 12, says "that in a democracy there can be 
 no exercise of sovereignty, but by the suffrages of the people, 
 which are their will; now the sovereign's will is the sovereign 
 himself. The laws therefore which establish the right of 
 suffrage, are fundamental to this government. In fact it is 
 as important to regulate in a republic, in what manner, by 
 whom, and concerning what, suffrages are to be given, as it 
 is in a monarchy to know who is the Prince and after what 
 manner he ought to govern." This valuable privilege of 
 voting by ballot ought not to rest on the discretion of the 
 government, but be irrevocably established in the constitu- 
 tion. 
 
 Will not the above quoted section also authorize the future 
 Congress to lengthen the terms for which the senators and 
 representatives are to be elected, from 6 and 2 years respec- 
 tively, to any period, even for life ? — as the parliament of 
 England voted themselves from triennial to septinnial; and 
 as the long parlia-ment under Charles the ist became per- 
 petual ? 
 
 Section 8th of article ist, vests Congress with power "to 
 provide for calling forth the militia to execute the laws of the 
 union, suppress insurrections and repel invasions; to provide 
 for organizing, arming, and disciplining the militia, and for 
 
Letters of Centinel. No. III. ^gg 
 
 governing such part of them as may be employed in the ser- 
 vice of the United States, reserving to the States respectively, 
 the appointment of the officers, and the authority of training 
 the militia according to the discipline prescribed by Con- 
 gress." This section will subject the citizens of these States 
 to the most arbitary military discipline: even death may be 
 inflicted on the disobedient; in the character of militia, you 
 may be dragged from your families and homes to any part of 
 the continent and for any length of time, at the discretion of 
 the future Congress; and as militia you may be made the 
 unwilling instruments of oppression, under the direction of 
 government; there is no exemption upon account of consci- 
 entious scruples of bearing arms, no equivalent to be re- 
 ceived in lieu of personal services. The militia of Pennsyl- 
 vania may be marched to Georgia or New Hampshire, how- 
 ever incompatible with their interests or consciences ; in short, 
 they may be made as mere machines as Prussian soldiers. 
 
 Section the 9th begins thus: — "The migration or impor- 
 tation of such persons as any of the states, now existing, shall 
 think proper to admit, shall not be prohibited by Congress, 
 prior to the year 1808, but a duty or tax may be imposed on 
 such importation, not exceeding ten dollars for each person. ' ' 
 And by the fifth article this restraint is not to be removed by 
 any future convention. We are told that the objects of this 
 article are slaves, and that it is inserted to secure to the 
 southern states the right of introducing negroes for twenty- 
 one years to come, against the declared sense of the other 
 states to put an end to an odious traffic in the human species, 
 which is especially scandalous and inconsistent in a people, 
 who have asserted their own liberty by the sword, and which 
 dangerously enfeebles the districts wherein the laborers are 
 bondsmen. The words, dark and ambiguous, such as no 
 plain man of common sense would have used, are evidently 
 chosen to conceal from Europe, that in this enlightened 
 country, the practice of slavery has its advocates among men 
 in the highest stations. When it is recollected that no poll 
 tax can be imposed on five negroes, above what three whites 
 shall be charged; when it is considered, that the imposts on 
 
6oo Letters of Centinel. No. III. 
 
 the consumption of Carolina field negroes must be trifling, 
 and the excise nothing, it is plain that the proportion of con- 
 tributions, which can be expected from the southern states 
 under the new constitution, will be unequal, and yet they are 
 to be allowed to enfeeble themselves by the further impor- 
 tation of negroes till the year 1808. Has not the concurrence 
 of the five southern states (in the convention) to the new 
 system, been purchased too dearly by the rest, who have 
 undertaken to make good their deficiences of revenue, oc- 
 casioned by their wilful incapacity, without an equivalent? 
 
 The general acquiescence of one description of citizens in 
 the proposed government, surprises me much; if so many of 
 the Quakers have become indifferent to the sacred rights of 
 conscience, so amply secured by the constitution of this com- 
 monwealth ; if they are satisfied to rest this inestimable priv- 
 ilege on the discretion of the future government; yet in a 
 political light they are not acting wisely: in the state of 
 Pennsylvania, they form so considerable a portion of the 
 community, as must ensure them great weight in the govern- 
 ment; but in the scale of general empire, they will be lost in 
 the balance. 
 
 I intended in this number to have shown from the nature 
 of things, from the opinions of the greatest writers and from 
 the peculiar circumstances of the United States, the imprac- 
 ticability of establishing and maintaining one government on 
 the principles of freedom in so extensive a territory; to have 
 shown, if practicable, the inadequacy of such government 
 to provide for its many and various concerns ; and also to have 
 shown that a confederation of small republics, possessing all 
 the powers of internal government, and united in the man- 
 agement of their general and foreign concerns, is the only 
 system of government by which so extensive a country can 
 be governed consistent with freedom: but a writer under the 
 signature of Brutus, in the New York paper, which has been 
 re-published by Messrs. Dunlap and Claypoole, has done this 
 in so masterly a manner, that it would be superfluous in me 
 to add anything on this subject. 
 
 My fellow citizens, as a lover of my country, as the friend 
 
Letters of Centinel. No. IV. 6oi 
 
 to mankind, whilst it is yet safe to write, and whilst it is yet 
 in your power to avoid it, I warn you of the impending dan- 
 ger. To this remote quarter of the world has liberty fled. 
 Other countries now subject to slavery, were once as free as 
 we yet are; therefore for your own sakes, for the sake of your 
 posterity, as well as for that of the oppressed of all nations, 
 cherish this remaining asylum of liberty. 
 
 Philadelphia, November 5th, 1787.. 
 
 Centinei.. 
 
 Centinei< No. IV.* 
 
 To the People of Pennsylvania. Friends^ Countrymen 
 and Fellow Citizens^ 
 
 That the present confederation is inadequate to the objects 
 of the union, seems to be universally allowed. The only 
 question is, what additional powers are wanting to give due 
 energy to the federal government ? We should, however, be 
 careful, in forming our opinion on this subject, not to impute 
 the temporary and extraordinary difficulties that have hitherto 
 impeded the execution of the confederation, to defects in the 
 system itself Taxation is in every government a very deli- 
 cate and difficult subject; hence it has been the policy of all 
 wise statesmen, as far as circumstances permitted, to lead the 
 people by small beginnings and almost imperceptible degrees, 
 into the habits of taxation; where the contrary conduct has 
 been pursued, it has ever failed of full success, not unfre- 
 quently proving the ruin of the projectors. The imposing of 
 a burdensome tax at once on a people, without the usual 
 gradations, is the severest test that any government can be 
 put to; despotism itself has often proved unequal to the at- 
 tempt. Under this conviction, let us take a review of our 
 situation before and since the revolution. From the first set- 
 tlement of this country until the commencement of the late 
 war, the taxes were so light and trivial as to be scarcely felt 
 by the people ; when we engaged in the expensive contest with 
 Great Britain, the Congress, sensible of the difficulty of levy- 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom." 
 Nov. 30, 1787. 
 
6o2 Letters of Centinel. No. IV. 
 
 iiig the moneys necessary to its support, by direct taxation, 
 had resource to an anticipation of the public resources, by 
 emitting bills of credit, and thus postponed the necessity of 
 taxation for several years; this means was pursued to a most 
 ruinous length; but about the year 80 or 8i, it was wholly 
 exhausted, the bills of credit had suffered such a depreciation, 
 from the excessive quantities in circulation, that they ceased 
 to be useful as a medium. The country at this period was 
 very much impoverished and exhausted ; commerce had been 
 suspended for near six years; the husbandman, for want of a 
 market, limited his crops to his own subsistence; the frequent 
 calls of the militia and long continuance in actual service, 
 the devastations of the enemy, the subsistence of our own 
 armies, the evils of the depreciation of the paper money, 
 which fell chiefly upon the patriotic and virtuous part of the 
 community, had all concurred to produce great distress 
 throughout America. In this situation of affairs, we still had 
 the same powerful enemy to contend with, who had even 
 more numerous and better appointed armies in the field than 
 at any former time. Our allies were applied to in this exi- 
 gence, but the pecuniary assistance that we could procure 
 from them was soon exhausted; the only resource now re- 
 maining was to obtain by direct taxation, the moneys neces- 
 sary for our defence. The history of mankind does not furnish 
 a similar instance of an attempt to levy such enormous taxes 
 at once, of a people so wholly unprepared and uninured to 
 them — the lamp of sacred liberty must indeed have burned 
 with unsullied lustre, every sordid principle of the mind must 
 have been then extinct, when the people not only submitted 
 to the grievous impositions, but cheerfully exerted themselves 
 to comply with the calls of their country; their abilities, how- 
 ever, were not equal to furnish the necessary sums — indeed 
 the requisition of the year 1782, amounted to the whole in- 
 come of their farms and other property, including the means 
 of their subsistence; perhaps the strained exertions of two 
 years, would not have sufficed to the discharge of this requi- 
 sition; how then can we impute the difficulties of the people 
 to a due compliance with the requisitions of Congress, to a 
 
Letters of Centinel. No. IV. 603 
 
 defect in the confederation? for any government, however 
 energetic, in similar circumstances, would have experienced 
 the same fate. If we review the proceedings of the States, we 
 shall find that they gave every sanction and authority to the 
 requisitions of Congress that their laws could confer, that 
 they attempted to collect the sums called for in the same 
 manner as is proposed to be done in future by the general 
 government, instead of the State legislatures. 
 
 It is a maxim that a government ought to be cautious not 
 to govern over much, for when the cord of power is drawn 
 too tight, it generally proves its destruction. The impractica- 
 bility of complying with the requisitions of Congress has les- 
 sened the sense of obligation and duty in the people, and thus 
 weakened the ties of the union; the opinion of power in a 
 free government is much more efficacious than the exercise of 
 it; it requires the maturity of time and repeated practice to 
 give due energy and certainty to the operations of govern- 
 ment, especially to such as affect the purses of the people. 
 
 The thirteen Swiss Cantons, confederated by more general 
 and weaker ties than these United States are by the present 
 articles of confederation, have not experienced the necessity 
 of strengthening their union by vesting their general diet 
 with further or greater powers; this national body, has only 
 the management of their foreign concerns, and in case of a 
 war can only call by requisition on the several Cantons for 
 the necessary supplies, who are sovereign and independent in 
 every internal and local exercise of government — and yet 
 this rope of sand, as our confederation has been termed, 
 which is so similar to that, has held together for ages with- 
 out any apparent chasm. 
 
 I am persuaded that a due consideration will evince, that 
 the present ineflScacy of the requisitions of Congress is not 
 owing to a defect in the confederation, but the peculiar cir- 
 cumstances of the times. 
 
 The wheels of the general government having been thus 
 clogged, and the arrearages of taxes still accumulating, it 
 may be asked what prospect is there of the government re- 
 suming its proper tone, unless more compulsory powers are 
 
6o4 Letters of Centinel. No. IV. 
 
 granted? To this it may be answered, that the produce of 
 imposts on commerce, which all agree to vest in Congress, 
 together with the immense tracts of land at their disposal, 
 will rapidly lessen and eventually discharge the present in- 
 cumbrances; when this takes place, the mode by requisition 
 will be found perfectly adequate to the extraordinary exigen- 
 cies of the union. Congress have lately sold land to the 
 amount of eight millions of dollars, which is a considerable 
 portion of the whole debt. 
 
 It is to be lamented that the interested and designing have 
 availed themselves so successfully of the present crisis, and 
 under the specious pretence of having discovered a panacea 
 for all the ills of the people, they are about establishing a 
 system of government, that will prove more destructive to 
 them than the wooden horse filled with soldiers did in 
 ancient times to the city of Troy: this horse was introduced 
 by their hostile enemy the Grecians, by a prostitution of the 
 sacred rites of their religion; in like manner, my fellow 
 citizens, are aspiring despots among yourselves prostituting 
 the name of a Washington to cloak their designs upon your 
 liberties. 
 
 I would ask how is the proposed government to shower 
 down those treasures upon every class of citizens, as is so in- 
 dustriously inculcated and so fondly believed? Is it by the 
 addition of numerous and expensive establishments? Is it 
 by doubling our judiciaries, instituting federal courts in 
 every county of every State? Is it by a superb presidential 
 court ? Is it by a large standing army ? In short, is it by 
 putting it in the power of the future government to levy 
 money at pleasure, and placing this government so indepen- 
 dent of the people as to enable the administration to gratify 
 every corrupt passion of the mind, to riot on your spoils, 
 without check or control? 
 
 A transfer to Congress of the power of imposing imposts 
 on commerce and the unlimited regulation of trade, I believe 
 is all that is wanting to render America as prosperous as it is 
 in the power of any form of government to render her; this 
 properly understood would meet the views of all the honest 
 and well-meaning. 
 
Letters of Centinel. No. IV. 605 
 
 What gave birth to the late Continental Convention? Was 
 it not the situation of our commerce, which lay at the mercy 
 of every foreign power, who from motives of interest or 
 enmity could restrict and control it, without risking a re- 
 taliation on the part of America, as Congress was impotent 
 on this subject? Such indeed was the case with respect to 
 Britain, whose hostile regulations gave such a stab to our 
 navigation as to threaten its annihilation: it became the in- 
 terest of even the American merchant to give a preference to 
 foreign bottoms; hence the distress of our seamen, ship- 
 wrights, and every mechanic art dependent on navigation. 
 
 By these regulations too we were limited in markets for 
 our produce; our vessels were excluded from their West India 
 Islands, many of our staple commodities were denied en- 
 trance in Britain; hence the husbandmen were distressed by 
 the demand for their crops being lessened and their prices re- 
 duced. This is the source to which may be traced every evil 
 we experience, that can be relieved by a more energetic gov- 
 ernment. Recollect the language of complaint for years 
 past, compare the recommendations of Congress founded on 
 such complaints, pointing out the remedy, examine the rea- 
 sons assigned by the different States for appointing delegates 
 to the late Convention, view the powers vested in that body ; 
 they all harmonize in one sentiment, that the due regulation 
 of trade and navigation was the anxious wish of every class 
 of citizens, was the great object of calling the Convention. 
 
 This object being provided for by the proposed Constitu- 
 tion, the people overlook and are not sensible of the needless 
 sacrifice they are making for it. Of what avail will be a 
 prosperous state of commerce, when the produce of it will be 
 at the absolute disposal of an arbitrary and unchecked gov- 
 ernment, who may levy at pleasure the most oppressive 
 taxes; who may destroy every principle of freedom; and may 
 even destroy the privilege of complaining. 
 
 If you are in doubt about the nature and principles of the 
 proposed government, view the conduct of its authors and 
 patrons: that affords the best explanation, the most striking 
 comment. 
 
6o6 Letters of Centinel. No. IV. 
 
 The evil genius of darkness presided at its birth, it came 
 forth under the veil of mystery, its true features being care- 
 fully concealed, and every deceptive art has been and is 
 practising to have this spurious brat received as the genuine 
 offspring of heaven-born liberty. So fearful are its patrons 
 that you should discern the imposition, that they have 
 hurried on its adoption, with the greatest precipitation; they 
 have endeavored also to preclude all investigation, they have 
 endeavored to intimidate all opposition; by such means as 
 these, have they surreptitiously procured a Convention in 
 this State, favorable to their views; and here again investi- 
 gation and discussion are abridged, the final question is 
 moved before the subject has been under consideration, an 
 appeal to the people is precluded even in the last resort, lest 
 their eyes should be opened ; the Convention have denied the 
 minority the privilege of entering the reasons of their dissent 
 on its journals. Thus despotism is already triumphant, and 
 the genius of liberty is on the eve of her exit, is about bid- 
 ding an eternal adieu to this once happy people. 
 
 After so recent a triumph over British despots, after such 
 torrents of blood and treasure have been spent, after involving 
 ourselves in the distresses of an arduous war, and incurring 
 such a debt for the express purpose of asserting the rights of 
 humanity; it is truly astonishing that a set of men among 
 ourselves should have the effrontery to attempt the destruc- 
 tion of our liberties. But in this enlightened age to hope to 
 dupe the people by the arts they are practicing is still more 
 extraordinary. 
 
 How do the advocates of the proposed government combat 
 the objections urged against it ? Not even by an attempt to 
 disprove them, for that would the more fully confirm their 
 truth ; but by a species of reasoning that is very congenial to 
 that contempt of the understandings of the people that they 
 so eminently possess, and which policy cannot even prevent 
 frequent ebullitions of. They seem to think that the oratory 
 and fascination of great names and mere sound will suflSce to 
 ensure success ; that the people may be diverted from a con- 
 sideration of the merits of the plan by bold assertions and 
 
Letters of Centinel. No. IV. 607 
 
 mere declamation. Some of their writers, for instance, paint 
 the distresses of every class of citizens with all the glowing' 
 language of eloquence, as if this was a demonstration of the 
 excellence, or even the safety of the new plan, which, not- 
 withstanding the reality ot this distress, may be a system of 
 tyranny and oppression. Other writers tell you of the great 
 men who composed the late convention, and give you a pom- 
 pous display of their virtues instead of a justification of the 
 plan of government; and others again urge the tyrant's plea, 
 they endeavor to make it a case of necessity, now is the crit- 
 ical moment, they represent the adoption of this government 
 as our only alternative, as the last opportunity we shall have 
 of peaceably establishing a government; they assert it to be 
 the best system that can be formed, and that if we reject it, 
 we will have a worse one or none at all ; nay, that if we pre- 
 sume to propose alterations, we shall get into a labyrinth of 
 difficulties from which we cannot be extricated, as no two 
 states will agree in amendments; that therefore it would in- 
 volve us in irreconcilable discord. But they all sedulously 
 avoid the fair field of argument, a rational investigation into 
 the origination of the proposed government. I hope the 
 good sense of the people will detect the fallacy of such con- 
 duct, will discover the base juggle, and with becoming reso- 
 lution resent the imposition. > 
 
 That the powers of Congress ought to be strengthened, all 
 allow: but is this a conclusive proof of the necessity to adopt 
 the proposed plan ? is it a proof that because the late conven- 
 tion, in the first essay upon so arduous and difficult a subject, 
 harmonized in their ideas, that a future convention will not, 
 or that after a full investigation and mature consideration of 
 the objections, they will not plan a better government and 
 one more agreeable to the sentiments of America, or is it any 
 proof that they can never again agree in any plan ? The late 
 convention must indeed have been inspired, as some of its 
 advocates have asserted, to admit the truth of these positions, 
 or even to admit the possibility of the proposed government 
 being such a one as America ought to adopt; for this body 
 went upon original ground, foreign from their intentions or 
 
6o8 Letters of Centinel. No. V. 
 
 powers ; they must therefore have been wholly uninformed of 
 the sentiments of their constituents in respect to this form of 
 government, as it was not in their contemplation when the 
 convention was appointed to erect a new government, but to 
 strengthen the old one. Indeed, thej' seem to have been de- 
 termined to monopolize the exclusive merit of the discovery, 
 or rather as if darkness was essential to its success they pre- 
 cluded all communication with the people, by closing their 
 doors; thus the well-disposed members, unassisted by public 
 information and opinion, were induced by those arts that are 
 now practicing on the people, to give their sanction to this 
 system of despotism. 
 
 Is there any reason to presume that a new convention will 
 not agree upon a better plan of government ? Quite the con- 
 trary, for perhaps there never was such a coincidence on any 
 occasion as on the present. The opponents to the proposed 
 plan at the same time in every paxt of the continent, har- 
 monized in the same objections; such an uniformity of opposi- 
 tion is without example, and affords the strongest demonstra- 
 tion of its solidity. Their objections too are not local, are 
 not confined to the interests of any one particular State to the 
 prejudice of the rest, but with a philanthropy and liberality 
 that reflects lustre on humanity, that dignifies the character 
 of America, they embrace the interests and happiness of the 
 whole Union. They do not even condescend to minute blem- 
 ishes, but show that the main pillars of the fabric are bad, 
 that the essential principles of liberty and safety are not to be 
 found in it, that despotism will be the necessary and inevita- 
 ble consequence of its establishment. Centinel. 
 
 Centinei,, No. v.* 
 
 To the People of Pennsylvania. Friends^ Countrymen, 
 and Fellow Citizens. 
 
 Mr. Wilson in a speech delivered in our Convention on 
 Saturday the 24th instant, has conceded, nay forcibly 
 proved, that one consolidated government will not answer 
 
 *From "The Independent Gazetteer, or The Chronicle of Freedom." 
 Dec. 4, 1787. 
 
Letters of Centinel. No. V. 609 
 
 for so extensive a territory as the United States includes, 
 that slavery would be the necessary fate of the people under 
 such a government. His words are so remarkable that I can- 
 not forbear reciting them: they are as follows, viz., "The 
 extent of country for which the new constitution was re- 
 quired, produced another difficulty in the business of the 
 federal convention. It is the opinion of some celebrated 
 writers, that to a small territory the democratical, to a mid- 
 dling territory (as Montesquieu has termed it) the monarchi- 
 cal, and to an extensive territory the despotic form of govern- 
 ment, is best adapted. Regarding then, the wide and 
 almost unbounded jurisdiction of the United States, at first 
 view, the hand of despotism seemed necessary to control, 
 connect, and protect it; and hence the chief embarrassment 
 rose. For, we knew that, although our constituents would 
 cheerfully submit to the legislative restraints of a free gov- 
 ernment, they would spurn at every attempt to shackle them 
 with despotic power. ' ' See page 5* of the printed speech. 
 And again in page 7,t he says "Is it probable that the disso- 
 lution of the State governments, and the establishment of one 
 consolidated empire, would be eligible in its nature, and sat- 
 isfactory to the people in its administration ? I think not, as 
 I have given reasons to show that so extensive a territory 
 could not be governed, connected, and preserved, but by the 
 supremacy of despotic power. All the exertions of the most 
 potent emperors of Rome were not capable of keeping that 
 empire together, which, in extent, was far inferior to the 
 dominion of America. ' ' 
 
 This great point having been now confirmed by the con- 
 cession of Mr. Wilson, though indeed it was self-evident be- 
 fore, and the writers against the proposed plan of govern- 
 ment having proved to demonstration, that the powers pro- 
 posed to be vested in Congress will necessarily annihilate 
 and absorb the State Legislatures and judiciaries, and produce 
 from their wreck one consolidated government, the question 
 is determined. Every man therefore who has the welfare of 
 
 *See page 220 of this volume. 
 t Ibid. 
 39 
 
6io Letters of Centinel. No. V. 
 
 his countn' at heart, every man who values his own liberty 
 and happiness, in short, every description of persons, except 
 those aspiring despots who hope to benefit by the misery 
 and vassalage of their countrymen, must now concur in re- 
 jecting the proposed system of government, must now unite 
 in branding its authors with the stigma of eternal infamy. 
 The anniversary of this great escape from the fangs of des- 
 potism ought to be celebrated as long as liberty shall con- 
 tinue to be dear to the citizens of America. 
 
 I will repeat some of my principal arguments, and add 
 some further remarks on the subject of consolidation : 
 
 The Legislature is the highest delegated power in govern- 
 ment; all others are subordinate to it. The celebrated 
 Montesquieu established it as a maxim, that legislation 
 necessarily follows the power of taxation. By the 8th sect, 
 of article the ist, of the proposed government, ' ' the Congress 
 are to have power to lay and collect taxes, duties, imposts, 
 and excises, to pay the debts and provide for the common 
 defence and general welfare of the United States." Now 
 what can be more comprehensive than these words? Every 
 species of taxation, whether external or internal, is included. 
 Whatever taxes, duties, and excises that the Congress may 
 deem necessary to the general welfare may be imposed on 
 the citizens of these states, and levied by their officers. The 
 Congress are to be the absolute judges of the propriety of such 
 taxes; in short, they may construe every purpose for which 
 the state legislatures now lay taxes, to be for the general wel- 
 fare; they may seize upon every source of taxation, and thus 
 make it impracticable for the states to have the smallest reve- 
 nue, and if a state should presume to impose a tax or excise 
 that would interfere with a federal tax or excise. Congress 
 may soon terminate the contention by repealing the state law, 
 by virtue of the following section: "To make all laws which 
 shall be necessary and proper for carrying into execution the 
 foregoing powers and all other powers vested by this consti- 
 tution in the government of the United States, or in any de- 
 partment thereof." Indeed, every law of the states may be 
 controlled by this power. The legislative power granted for 
 
Letters of Ceniinel. No. V. 6ii 
 
 these sections is so unlimited in its nature, may be so compre- 
 hensive and boundless in its exercise, that this alone would be 
 amply sufficient to carry the coup de grace to the state govern- 
 ments, to swallow them up in the grand vortex of general 
 empire. But the legislative has an able auxiliary in the judi- 
 cial department, for a reference to my second number will 
 show that this may be made greatly instrumental in eflfecting 
 a consolidation; as the federal judiciary would absorb all 
 others. I^est the foregoing powers should not suffice to con- 
 solidate the United States into one empire, the Convention, as 
 if determined to prevent the possibility of a doubt, as if to 
 prevent all clashing by the opposition of state powers, as if to 
 preclude all struggle for state importance, as if to level all 
 obstacles to the supremacy of universal sway, which in so ex- 
 tensive a territory would be an iron-handed despotism, have 
 ordained by article the 6th, "That this constitution, and the 
 laws of the United States which shall be made in pursuance 
 thereof, and all treaties made, or which shall be made, under 
 the authority of the United States, shall be the supteme law 
 of the land; and the judges in every state shall be bound 
 thereby^ anything in the constitution or laws of any state to 
 the contrary notwithstanding.'''' 
 
 The words "pursuant to the constitution" will be no re- 
 striction to the authority of Congress; for the foregoing sec- 
 tions give them unlimited legislation; their unbounded power 
 of taxation does alone include all others, as whoever has the 
 purse-strings will have full dominion. But the convention 
 has superadded another power, by which the Congress may 
 stamp with the sanction of the constitution every possible 
 law; it is contained in the following clause: "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 officer thereof." Whatever law 
 Congress may deem necessary and proper for carrying into 
 execution any of the powers vested in them may be enacted;, 
 and by virtue of this clause, they may control and abrogate 
 any and every of the laws of the State governments, on the 
 
6i3 Letters of Centinel. No. V. 
 
 allegation that they interfere with the execution of any of 
 their powers, and yet these laws will " be made in pursuance 
 of the constitution," and of course will "be the supreme 
 law of the land, and the judges in every State shall be bound 
 thereby, anything in the constitution or laws of any state to 
 the contrary notwithstanding." 
 
 There is no reservation made in the whole of this plan in 
 favor of the rights of the separate States. In the present plan 
 of confederation, made in the year 1778, it was thought nec- 
 essary by article the 2d to declare that ' ' each State retains 
 its sovereignty, freedom and independence, and every power, 
 jurisdiction and right, which is not by this confederation 
 expressly delegated to the United States in Congress as- 
 sembled. " Positive ^sx\X. was not then thought sufficiently 
 descriptive and restrictive upon Congress, and the omission 
 of such a declaration now, when such great devolutions of 
 power are proposed, manifests the design of consolidating the 
 States. 
 
 What restriction does Mr. Wilson pretend there is in the 
 new constitution to the supremacy of despotic sway over the 
 United States ? What barrier does he assign for the security 
 of the State governments ? Why truly, a mere cobweb of a 
 limit! by interposing the shield of what will become mere 
 form, to check the reality of power. He says, that the exis- 
 tence of the State governments is essential to the organiza- 
 tion of Congress, that the former is made the necessary basis 
 of the latter, for the federal senators and President are to be 
 appointed by the State legislatures; and that hence all fears 
 of a consolidation are groundless and imaginary. It must be 
 confessed as reason and argument would have been foreign to 
 the defence of the proposed plan of government, Mr. Wilson 
 has displayed much ingenuity on this occasion; he has in- 
 volved the subject in all the mazes of sophistry, and by subtil 
 distinctions, he has established principles and positions, that 
 exist only in his own fertile imagination. It is a solecism in 
 politics for two co-ordinate sovereignties to exist together; 
 you must separate the sphere of their jurisdiction or after 
 running the race of dominion for some time, one would nee- 
 
Letters of Centinel. No. V. 613 
 
 essarily triumph over the other, but in the meantime the 
 subject of it -would be harassed with double impositions to 
 support the contention; however, the strife between Congress 
 and the States could not be of long continuance, for the 
 former has a decisive superiority in the outset, and has more- 
 over the power by the very constitution itself to terminate it 
 when expedient. 
 
 As this necessary connection, as it has been termed, between 
 the State governments and the general government, has been 
 made a point of great magnitude by the advocates of the new 
 plan, as it is the only obstacle alleged by them against a con- 
 solidation, it ought to be well considered. It is declared by 
 the proposed plan, that the federal senators and the electors 
 who choose the President of the United States, shall be ap- 
 pointed by the State legislatures for the long period of six 
 and four years respectively; how will this connection prevent 
 the State legislatures being divested of every important, every 
 efficient power? may not they, will not they, dwindle into 
 mere boards of appointment as has ever happened in other 
 nations to public bodies, who, in similar circumstances, have 
 been so weak as to part with the essentials of power? Does 
 not history abound with such instances ? And this may be 
 the mighty amount of this inseparable connection which is 
 so much dwelt upon as the security of the State governments. 
 Yet even this shadow of a limit against consolidation may be 
 annihilated by the imperial fiat without any violation of even 
 the forms of the constitution. Article ist, section 4th, has 
 made a provision for this, when the people are sufficiently 
 fatigued with the useless expense of maintaining ^^ forms 
 of departed power and security, and when they shall pray to 
 to be relieved from the imposition. This section cannot be 
 too often repeated, as it gives such a latitude to the designing, 
 as it revokes every other part of the constitution that may be 
 tolerable, and as it may enable the administration under it, 
 to complete the system of despotism; it is in the following 
 words, viz: "The times, places and manner of holding elec- 
 tions for senators and representatives shall be prescribed in 
 each State by the legislature thereof; but the Congress may at 
 
6 14 Letters of Centinel. No. V. 
 
 any time by law make or alter such regulations, except as to 
 the place of choosing senators.'''' The only apparent restric- 
 tion in this clause is as to the place of appointing senators, 
 but even this may be rendered of no avail, for as the Con- 
 gress have the control over the time of appointment of both 
 senators and representatives, they may, under the pretence 
 of an apprehension of invasion, upon the pretence of the tur- 
 bulence of what they may style a faction, and indeed pre- 
 tences are never wanting to the designing, they may postpone 
 the time of the election of the senators and the representatives 
 from period to period to perpetuity; thus they may, and if 
 they may, they certainly will, from the lust of dominion, so 
 inherent in the mind of man, relieve the people from the 
 trouble of attending elections by condescending to create 
 themselves. Has not Mr. Wilson avowed it in fact? Has he 
 not said in the convention that it was necessary that Congress 
 should possess this power as the means of its own preservation? 
 Otherwise, says he, an invasion, a civil war, a faction, or a 
 secession of a minority of the assembly, might prevent the 
 representation of a State in Congress. 
 
 The advocates of the proposed government must be hard 
 driven when they represent that because the legislatures of 
 this and the other states have exceeded the due bounds of 
 power, notwithstanding every guard provided by their con- 
 stitutions; that because the lust of arbitrary sway is so power- 
 ful as sometimes to get the better of every obstacle; that 
 therefore we should give full scope to it, for that all restric- 
 tion to it would be useless and nugatory. And further, when 
 they tell you that a good administration will atone for all the 
 defects in the government, which, say they, you must neces- 
 sarily have, for how can it be otherwise? your rulers are to 
 be taken from among yourselves. My fellow citizens, these 
 aspiring despots must indeed have a great contempt for your 
 understandings when they hope to gull you out of your lib- 
 erties by such reasoning; for what is the primary object of 
 government, but to check and control the ambitious and de- 
 signing? How then can moderation and virtue be expected 
 from men who will be in possession of absolute sway, who will 
 
Letters of Centinel. No, VI. 615 
 
 have the United States at their disposal? They would be 
 more than men, who could resist such temptation! their 
 being taken from among the people would be no security; 
 tyrants are of native growth in all countries, the greatest 
 bashaw in Turkey has been one of the people, as Mr. Wilson 
 tells you the president-general will be. What consolation 
 would this be when you shall be suffering under his oppres- 
 sion ? CenTinei,. 
 Philadelphia, Nov. 30, 1787. 
 
 CenTinei,, No. VI.* 
 
 To the People of Pennsylvania. 
 
 " Man is the glory, jest, and riddle of the world." 
 
 Pope. 
 
 Incredible transition! the people who, seven years ago, 
 deemed every earthly good, every other consideration, as 
 worthless, when placed in competition with liberty, that 
 heaven-born blessing, thatzestof all others; the people, who, 
 actuated by this noble ardor of patriotism, rose superior to 
 every weakness of humanity, and shone with such dazzling 
 lustre amidst the greatest difl&culties; who, emulous of 
 eclipsing each other in the glorious assertion of the dignity 
 of human nature, courted every danger, and were ever ready, 
 when necessary, to lay down their lives at the altar of liberty: 
 I say the people, who exhibited so lately a spectacle that 
 commanded the admiration, and drew the plaudits of the 
 most distant nations, are now reversing the picture, are now 
 lost to every noble principle, are about to sacrifice that in- 
 estimable jewel, liberty, to the genius of despotism. A golden 
 phantom held out to them by the crafty and aspiring despots 
 among themselves, is alluring them into the fangs of arbi- 
 trary power; and so great is their infatuation, that it seems 
 as if nothing short of the reality of misery necessarily atten- 
 dant on slavery, will rouse them from their false confidence, 
 or convince them of the direful deception — but then alas! it 
 
 *From "The Independent Gazetteer; or, The Chronicle of Preedom," 
 Dec. 26, 1787. 
 
6i6 Letters of Centinel. No. VI. 
 
 will be too late, the cliains of depotism will be fast rivetted 
 and all escape precluded. 
 
 For years past, the harpies of power have been industri- 
 ously inculcating the idea that all our difficulties proceed 
 from the impotency of Congress, and have at length suc- 
 ceeded to give to this sentiment almost universal currency 
 and belief: the devastations, losses and burthens occasioned 
 by the late war; the excessive importations of foreign mer- 
 chandise and luxuries, which have drained the country of its 
 specie and involved it in debt, are all overlooked, and the in- 
 adequacy of the powers of the present confederation is 
 erroneously supposed to be the only cause of our 'difficulties; 
 hence persons of every description are revelling in the antici- 
 pation of the halcyon days consequent on the establishment 
 of the new constitution. What gross deception and fatal de- 
 lusion! Although very considerable benefit might be derived 
 from strengthening the hands of Congress, so as to enable 
 them to regulate commerce, and counteract the adverse re- 
 strictions of other nations, which would meet with the com- 
 currence of all persons; yet this benefit is accompanied in the 
 new constitution with the scourge of despotic power, that will 
 render the citizens of America tenants at will of every species 
 of property, of every enjoyment, and make them the mere 
 drudges of government. The gilded bait conceals corrosives 
 that will eat up their whole substance. 
 
 Since the late able discussion, all are now sensible of great 
 defects in the new constitution, are sensible that power is 
 thereby granted without limitations or restriction; yet such 
 is the impatience of the people to reap the golden harvest of 
 regulated commerce, that they will not take time to secure 
 their Liberty and happiness, nor even to secure the benefit of 
 the expected wealth ; but are weakly trusting their every con- 
 cern to the discretionary disposal of their future rulers: are 
 content to risk every abuse of power, because they are pro- 
 mised a good administration, because moderation and self- 
 denial are the characteristic features of men in possession of 
 absolute sway. What egregious folly! What superlative 
 ignorance of the nature of power does such conduct discover! 
 
Letters of Centinel. No. VI. 617 
 
 History exhibits this melancholy truth, that slavery has 
 been the lot of nearly the whole of mankind in all ages, and 
 that the very small portion who have enjoyed the blessings 
 of liberty, have soon been reduced to the common level of 
 slavery and misery. The cause of this general vassalage 
 may be traced to a principle of human nature, which is more 
 powerful and operative than all the others combined; it is 
 that lust oi dominion that is inherent in every mind, in a 
 greater or less degree; this is so universal and ever active a 
 passion as to influence all our ancestors; the different situa- 
 tion and qualifications of men only modifies and varies the 
 complexion and operation of it. 
 
 For this darling pre-eminence and superiority, the mer- 
 chant, already possessed of a competency, adventures his all 
 in the pursuit of greater wealth; it is for this that men of 
 all descriptions, after having amassed fortunes, still persevere 
 in the toils of labor; in short, this is the great principle of 
 exertion in the votaries of riches, learning, and fame. 
 
 In a savage state, pre-eminence is the result of bodily 
 strength and intrepidity, which compels submission from all 
 such as have the misfortune to be less able; therefore the 
 great end of civil government is to protect the weak from the 
 oppression of the powerful, to put every man upon the level 
 of equal liberty; but here again the same lust of dominion by 
 different means frustrates almost always this salutary inten- 
 tion. In a polished state of society, wealth, talents, address 
 and intrigue are the qualities that attain superiority in the 
 great sphere of government. 
 
 The most striking illustration of the prevalence of this 
 lust of dominioBi is, that the most strenuous assertors of lib- 
 erty in all ages, after successfully triumphing over tyranny, 
 have themselves become tyrants, when the unsuspicious 
 confidence of an admiring people has entrusted them with 
 unchecked power. Rare are the instances of self-denial, or 
 consistency of conduct in the votaries of liberty when they 
 have become possessed of the reins of authority ; it has been 
 the peculiar felicity of this country, that her great Deliverer 
 did not prove a Cromwell nor a Monk. 
 
6i8 Letters of Centinel. No. VI. 
 
 Compare the declarations of the most zealous assertors of 
 religious liberty, whilst under the lash of persecution, with 
 their conduct when in power; you will find that even the 
 benevolence and humility inculcated in the gospels, prove no 
 restraint upon this love of domination. The mutual con- 
 tentions of the several sects of religion in England some 
 ages since, are sufficient evidence of this truth. 
 
 The annals of mankind demonstrate the precarious tenure 
 of privileges and property dependent upon the will and 
 pleasure of rulers; these illustrate the fatal danger of relying 
 upon the moderation and self-denial of men exposed to the 
 temptations that the Congress under the new constitution 
 will be. The lust of power or dominion is of that nature as 
 seeks to overcome every obstacle, and does not remit its ex- 
 ertions whilst any object of conquest remains; nothing short 
 of the plenitude of dominion will satisfy this cursed demon. 
 Therefore, liberty is only to be preserved by a due responsi- 
 bility in the government, and by the constant attention of 
 the people; whenever that responsibility has been lessened 
 or this attention remitted, in the same degree has arbitrary 
 sway prevaled. 
 
 The celebrated Montesquieu has warned mankind of the 
 danger of an implicit reliance on rulers; he says that "a 
 perpetual jealousy respecting liberty, is absolutely requisite 
 in all free states," and again, "that slavery is ever preceded 
 by sleep. ' ' 
 
 I shall conclude this number with an extract from a speech 
 delivered by I^ord George Digby^ afterwards Earl of Bristol^ 
 in the English Parliament, on the triennial bill in the year 
 1641, viz : " It hath been a maxim among the wisest legislators 
 that whoever means to settle good laws must proceed in them 
 with a sinister opinion of all mankind ; and suppose that who- 
 ever is not wicked, it is for want only of the opportunity. It 
 is that opportunity of being ill, Mr. Speaker, that we must 
 take away, if ever we mean to be happy, which can never be 
 done but by the frequency of parliaments. 
 
 "No State can wisely be confident of any public minister's 
 continuing good, longer than the rod is held over him. 
 
Letters of Centinel. No. VIZ. 619 
 
 "Let me appeal to all those that were present in this house 
 at the agitation of the petition of right. And let them tell 
 themselves truly of whose promotion to the management of 
 public affairs do they think the generality would, at that 
 time, have had better hopes than of Mr. Nay and Sir Thomas 
 Wentworth; both having been at that time and in that busi- 
 ness, as I have heard, most keen and active patriots, and the 
 latter of them, to the eternal aggravation of his infamous 
 treachery to the commonwealth be it spoken, the first mover 
 and insister to have this clause added to ih& petition of right, 
 viz: 
 
 "That for the comfort and safety of his subjects his Majesty 
 would be pleased to declare his will and pleasure, that all his 
 ministers should serve him according to the laws and statutes 
 of the realm. 
 
 "And yet, Mr. Speaker, to whom now can all the inunda- 
 tions upon our liberties, under pretence of law, and the late 
 shipwreck at once of all our property, be attributed more than 
 to Noy, and all those other mischiefs whereby this monarchy 
 hath been brought almost to the brink of destruction so much 
 to any as to that grand apostate to the commonwealth, the 
 now Weutenant of Ireland, Sir Thomas Wentworth? I,et 
 every man but consider those men as once they were." — 
 British I^iberties, page 184 and 185. Centinel. 
 
 Philadelphia, December 23, 1787. 
 
 Centinei, No. VII.* 
 
 To the PEOPI.E of Pennsylvania. Friends and Fellow 
 
 Citizens : 
 
 The admiring world lately beheld the sun of liberty risen 
 to meridian splendor in this western hemisphere, whose cheer- 
 ing rays began to dispel the glooms of even trans-atlantic 
 despotism ; the patriotic mind, enraptured with the glowing 
 scene, fondly anticipated an universal and eternal day to the 
 orb of freedom; but the horizon is already darkened and the 
 glooms of slavery threaten to fix their empire. How transitory 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Dec. 29, 1787. 
 
620 Letters of Centinel. No. VII. 
 
 are the blessings of this life! Scarcely have four years elapsed 
 since these United States, rescued from the domination of 
 foreign 4espots by the unexampled heroism and perseverance 
 of its citizens at such great expense of blood and treasure, 
 when they are about to fall a prey to the machinations of a 
 profligate junto at home, who seizing the favorable moment 
 when the temporary and extraordinary difiiculties of the peo- 
 ple have thrown them ofi" their guard and lulled that jealousy 
 of power so essential to the preservation of freedom, have 
 been too successful in the sacrilegious attempt; however I am 
 confident that this formidable conspiracy will end in the con- 
 fusion and infamy of its authors; that if necessary, the aveng- 
 ing sword of an abused people will humble these aspiring 
 despots to the dust, and that their fate, like that of Charles 
 the First of Kngland, will deter such attempts in future, and 
 prove the confirmation of the liberties of America until time 
 shall be no more. 
 
 One would imagine by the insolent conduct of these harpies 
 of power that they had already triumphed over the liberties 
 of the people, that the chains were riveted and tyranny estab- 
 lished. They tell us all further opposition will be vain, as 
 this state has passed the Rubicon. Do they imagine the free- 
 men of Pennsylvania will be thus trepanned out of their lib- 
 erties, that they will submit without a struggle? They must 
 indeed be inebriated with th^ lust of dominion to indulge 
 such chimerical ideas. Will the act of one-sixth of the peo- 
 ple and this too founded on deception and surprise bind the 
 community ? Is it thus that the altar of liberty, so recently 
 crimsoned with the blood of our worthies, is to be prostrated 
 and despotism reared on its ruins ? Certainly not. The sol- 
 emn mummery that has been acting in the name of the people 
 of Pennsylvania will be treated with the deserved contempt; 
 it has served indeed to expose the principles of the men con- 
 cerned, and to draw a line of discrimination between the real 
 and affected patriots. 
 
 Impressed with an high opinion of the understanding and 
 spirit of my fellow citizens, I have in no stage of this busi- 
 ness entertained a doubt of its eventual defeat; the mo- 
 
Letters of Ceniinel. No. VIII, 621 
 
 mentary delusion, arising from an unreserved confidence 
 placed in some of the characters whose names sanctioned this 
 scheme of power, did not discourage me: I foresaw that this 
 blind admiration would soon be succeeded by rational inves- 
 tigation, which, stripping the monster of its gilded covering, 
 would discover its native deformity. 
 
 Already the enlightened pen of patriotism, aided by an 
 able public discussion, has dispelled the mist of deception, 
 and the great body of the people are awakened to a due sense 
 of their danger, and are determined to assert their liberty, if 
 necessary by the sword, but this mean need not be recurred 
 to, for who are their enemies? A junto composed of the 
 lordly and high-minded gentry of the profligate and the needy 
 office-hunters; of men principally who in the late war 
 skulked from the common danger. Would such characters 
 dare to face the majesty of a free people? No. All the con- 
 flict would be between the offended justice and generosity of 
 the people, whether these sacrilegious invaders of their dear- 
 est rights should suffer the merited punishment or escape 
 with an infamous contempt? 
 
 However, as additional powers are necessary to Congress, 
 the people will no doubt see the expediency of calling a con- 
 vention for this purpose as soon as may be by applying to 
 their representatives in assembly at their next session to ap- 
 point a suitable day for the election of such Convention. 
 
 Philadelphia, December 37, 1787. Centinel. 
 
 Cbntinei,, No. VIII.* 
 
 To the People of Pennsylvania. Fellow Citizens. 
 
 Under the benign influence of liberty, this country, so re- 
 cently a rugged wilderness and the abode of savages and wild 
 beasts, has attained to a degree of improvement and greatness, 
 in less than two ages, of which history furnishes no parallel. 
 It is here that human nature may be viewed in all its glory; 
 man assumes the station designed him by the creation, a 
 happy equality and independency pervades the community, 
 
 *Froin "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Jan. 2, 1788. 
 
632 Letters of Centinel. No. VIII. 
 
 it is here the human mind, untrammeled by the restraints of 
 arbitrary power, expands every faculty: as the field to fame 
 and riches is open to all, it stimulates universal exertion, and 
 exhibits a lively picture of emulation, industry and happi- 
 ness. The unfortunate and oppressed of all nations, fly to 
 this grand asylum, where liberty is ever protected, and in- 
 dustry crowned with success. 
 
 But as it is by comparison only that men estimate the 
 value of any good, they are not sensible of the worth of those 
 blessings they enjoy, until they are deprived of them; hence 
 from ignorance of the horrors of slavery, nations, that have 
 been in possession of that rarest of blessings, liberty, have 
 so easily parted with it: when groaning under the yoke of 
 tyranny what perils would they not encounter, what con- 
 sideration would they not give to regain the inestimable jewel 
 they had lost; but the jealously of despotism guards every 
 avenue to freedom, and confirms its empire at the expense of 
 the devoted people, whose property is made instrumental to 
 their misery, for the rapacious hand of power seizes upon 
 every thing; despair presently succeeds, and every noble 
 faculty of the mind being depressed, and all motive to in- 
 dustry and exertion being removed, the people are adapted to 
 the nature of the government, and drag out a listless exis- 
 tence. 
 
 If ever America should be enslaved it will be from this 
 cause, that they are not sensible of their peculiar felicity, that 
 they are not aware of the value of the heavenly boon, com- 
 mitted to their care and protection, and if the present con- 
 spiracy fails, as I have no doubt will be the case, it will be 
 the triumph of reason and philosophy, as these United States 
 have never felt the iron hand of power, nor experienced the 
 wretchedness of slavery. 
 
 The conspirators against our liberties have presumed too 
 much on the maxim that nations do not take the alarm, un- 
 til they feel oppression; the enlightened citizens of America 
 have on two memorable occasions convinced the tyrants of 
 Europe that they are endued with the faculty of foresight, 
 that they will jealously guard against the first introduction of 
 
Letters of Centinel. No. VIII. 623 
 
 tyranny, however speciously glossed over, or whatever ap- 
 pearance it may assume. It was not the mere amount of the 
 duty on stamps^ or tea that America opposed, they were con- 
 sidered as signals of approaching despotism, as precedents 
 whereon the superstructure of arbitrary sway was to be reared. 
 Notwithstanding such illustrious evidence of the good 
 sense and spirit of. the people of these United States, and 
 contrary to all former experience of mankind, which demon- 
 strates that it is only by gradual and imperceptible degrees 
 that nations have hitherto been enslaved, except in case of 
 conquest by the sword, the authors of the present conspiracy 
 are attempting to seize upon absolute power at one grasp; 
 impatient of dominion they have adopted a decisive line of 
 conduct, which, if successful, would obliterate every trace of 
 liberty. I congratulate my fellow citizens that the infatuated 
 confidence of their enemies has so blinded their ambition 
 that their defeat must be certain and easy, if imitating the 
 refined policy of successful despots, they had attacked the 
 citadel of liberty by sap, and gradually undermined its out- 
 works, they would have stood a fairer chance of effecting 
 their design ; but in this enlightened age thus rashly to at- 
 tempt to carry the fortress by storm, is folly indeed. They 
 have even exposed some of their batteries prematurely, and 
 thereby unfolded every latent view, for the unlimited power 
 of taxation would alone have been amply sufficient for every 
 purpose ; by a proper application of this, the will and pleasure 
 of the rulers would of course have become the supreme law 
 of the land ; therefore there was no use in portraying the ul- 
 timate object by superadding the form to reality of supremacy 
 in the following clause, viz : That which empowers the new 
 Congress to make all laws that may be necessary and proper 
 for carrying into execution any of their powers, by virtue of 
 which every possible law will be constitutional, as they are 
 to be the sole judges of the propriety of such laws, that which 
 ordains that their acts shall be the supreme law of the land, 
 anything in the laws or constitution of any State to the con- 
 trary notwithstanding; that which gives Congress the absolute 
 control over the time and mode of its appointment and elec- 
 
624 Letters of Centinel. No. VIII. 
 
 tion, -whereby, independent of any other means, they may 
 establish hereditary despotism; that which authorizes them 
 to keep on foot at all times a standing army; and that which 
 subjects the militia to absolute command, and to accelerate 
 the subjugation of the people, trial by jury in civil cases and 
 the liberty of the press are abolished. 
 
 So flagrant, so audacious a conspiracy against the liberties 
 of a free people is without precedent. Mankind in the dark- 
 est ages have never been so insulted; even then, tyrants found 
 it necessary to pay some respect to the habits and feelings of 
 the people, and nothing but the name of a Washington could 
 have occasioned a moment's hesitation about the nature of 
 the new plan, or saved its authors from the execration and 
 vengeance of the people, which eventually will prove an ag- 
 gravation of their treason ; for America will resent the impo- 
 sition practiced upon the unsuspicious zeal of her illustrious 
 deliverer^ and vindicate her character from the aspersions of 
 these enemies of her happiness and fame. 
 
 The advocates of this plan have artfully attempted to veil 
 over the true nature and principles of it with the names of 
 those respectable characters that by consummate cunning 
 and address they have prevailed upon to sign it, and what 
 ought to convince the people of the deception and excite 
 their apprehensions, is that with every advantage which edu- 
 cation, the science of government and of law, the knowledge 
 of history and superior talents and endowments, furnish the 
 authors and advocates of this plan with, they have from its 
 publication exerted all their power and influence to prevent 
 all discussion of the subject, and when this could not be pre- 
 vented they have constantly avoided the ground of argument 
 and recurred to declamation, sophistry and personal abuse, 
 but principally relied upon the magic of names. Would this 
 have been their conduct, if their cause had been a good one ? 
 No, they would have invited investigation and convinced the 
 understandings of the people. 
 
 But such policy indicates great ignorance of the good sense 
 and spirit of the people, for if the sanction of every conven- 
 tion throughout the union was obtained by the means these 
 
Letters of Centinel. No. VIII. 625 
 
 men are practising; yet their triumph would be momentary, 
 the favorite object would still elude their grasp; ior a good 
 government founded on fraud and deception could not be 
 maintained without an army sufficiently powerful to compel 
 submission, which the well-born of America could not 
 speedily accomplish. However the con-fplexion of several of 
 the more considerable States does not promise even this 
 point of success. The Carolinas, Virginia, Maryland, New 
 York and New Hampshire have by their wisdom in taking a 
 longer time to deliberate, in all probability saved themselves 
 from the disgrace of becoming the 'dupes of this gilded bait, 
 as experience will evince that it need only be properly ex- 
 amined to be execrated and repulsed. 
 
 The merchant, immersed in schemes of wealth, seldom ex- 
 tends his views beyond the immediate object of gain; he 
 blindly pursues his seeming interest, and sees not the latent 
 mischief; therefore it is, that he is the last tO' take the alarm 
 when public liberty is threatened. This may account for the 
 infatuation of some of our merchants, who, elated with the 
 imaginary prospect of an improved commerce under the new 
 government, overlook all danger: they do not consider that 
 commerce is the hand-maid of liberty, a plant of free growth 
 that withers under the hand of despotism, that every concern 
 of individuals will be sacrificed to the gratification of the men 
 in power, who will institute injurious monopolies and shackle 
 commerce with every device of avarice; and that property of 
 every species will be held at the will and pleasure of rulers. 
 
 If the nature of the case did not give birth to these well 
 founded apprehensions, the principles and characters of the 
 authors and advocates of the measure ought. View the mo- 
 nopolizing spirit of the principal of them. See him convert- 
 ing a band, instituted for common benefit, to his own and, 
 creatures' emoluments, and by the aid thereof, controlling 
 the credit of the state, and dictating the measures of govern- 
 ment. View the vassalage of our merchants, the thraldom 
 of the city of Philadelphia, and the extinction of that spirit 
 of independency in most of its citizens so essential to freedom. 
 View this Collosus attempting to grasp the commerce of 
 40 
 
626 Letters of Centinel. No. IX. 
 
 America and meeting with a sudden repulse — in the midst of 
 his immense career, receiving a shock that threatens his very 
 existence. View the desperate fortunes of many of his coad- 
 jutors and dependants, particularly the bankrupt situation of 
 the principal instrument under the great man in promoting 
 the new government, whose superlative arrogance, ambition 
 and rapacity, would need the spoils of thousands to gratify; 
 view his towering aspect — he would have no bowels of com- 
 passion for the oppressed, he would overlook all their suffer- 
 ings. Recollect the strenuous and unremitted exertions of 
 these men, for years past, to destroy our admirable Constitu- 
 tion, whose object is to secure equal liberty and advantages 
 to all, and the great obstacle in the way of their ambitious 
 schemes, and then answer whether these apprehensions are 
 chimerical, whether such characters will be less ambitious, 
 less avaricious, more moderate, when the privileges, property, 
 and every concern of the people of the United States shall lie 
 at their mercy, when they shall be in possession of absolute 
 sway? Centinel. 
 
 Philadelphia, December 29, 1787. 
 
 Centinel, No. IX.* 
 
 To the People of Pennsylvania. 'Fellow Citizens^ 
 
 You have the peculiar felicity of living under the most per- 
 fect system of local government in the world; prize then this 
 invaluable blessing as it deserves. Suffer it not to be wrested 
 from you, and the scourge of despotic power substituted in its 
 place, under the specious pretence of vesting the general gov- 
 ernment of the United States with necessary power; that this 
 would be the inevitable consequence of the establishment of 
 the new constitution, the least cbnsideration of its nature and 
 tendency is sufficient to convince every unprejudiced mind. 
 If you were sufficiently impressed with your present favored 
 situation, I should have no doubt of a proper decision of the 
 question in discussion. 
 
 The highest illustration of the excellence of the constitution 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom." 
 Jan. 8, 1788. 
 
Letters of Centinel. No. IX. 627 
 
 of this commonwealth, is, that from its first establishment, the 
 ambitious and profligate have been united in a constant con- 
 spiracy to destroy it; so sensible are they that it is their great 
 enemy, that it is the great palladium of equal liberty, and the 
 property of the people from the rapacious hand of power. The 
 annals of mankind do not furnish a more glorious instance 
 of the triumph of patriotism over the lust of ambition aided 
 by most of the wealth of the State. The few generally pre- 
 vail over the many by uniformity of council, unremitted and 
 persevering exertion, and superior information and address; 
 but in Pennsylvania the reverse has happened; here the well- 
 born have been bafiled in all their efforts to prostrate the altar 
 of liberty for the purpose of substituting their own insolent 
 sway that would degrade the freemen of this State into servile 
 dependence upon the lordly and great. However it is not the 
 nature of ambition to be discouraged ; it is ever ready to im- 
 prove the first opportunity to rear its baneful head and with 
 irritated fury to wreak its vengeance on the votaries of liberty. 
 The present conspiracy is a continental exertion of the well- 
 born of America to obtain that darling domination, which 
 they have not been able to accomplish in their respective 
 States. Of what complexion were the deputies of this State 
 in the general convention? Six out of eight were the invet- 
 erate enemies of our inestimable constitution, and the princi- 
 pals of that faction that for ten years past have kept the peo- 
 ple in continual alarm for their liberties. Who are the advo- 
 cates of the new constitution in this State ? They consist of 
 the same faction, with the addition of a few deluded well- 
 meaning men, but whose number is daily lessening. 
 
 These conspirators have come forward at a most favorable 
 conjuncture, when the state of public affairs has lulled all 
 jealousy of power: Emboldened by the sanction of the 
 august name of a Washington^ that they have prostituted to 
 their purpose, they have presumed to overleap the usual 
 gradations to absolute power, and have attempted to seize at 
 once upon the supremacy of dominion. The new instrument 
 of government does indeed make a fallacious parade of some 
 remaining privileges, and insults the understandings of the 
 
628 Letters of Centinel. No. IX, 
 
 people with the semblance of liberty in some of its artful and 
 deceptive clauses, which form but a flimsy veil over the 
 reality of tyranny, so weakly endeavored to be concealed 
 from the eye of freedom. For, of what avail are the few in- 
 adequate stipulations in favor of the rights of the people, 
 when they may be eJBFectually counteracted and destroyed by 
 virtue of other clauses, when these enable the rulers to re- 
 nounce all dependence on their constituents, and render the 
 latter tenants at will of every concern? The new constitu- 
 tion is in fact a carte blanche^ a surrender at discretion to the 
 "vmUand pleasure of our rulers: as this has been demonstrated 
 toDe*the case, by the investigation and discussion that have 
 taken place, I trust the same good sense and spirit which 
 have hitherto enabled the people to triumph over the wiles 
 of ambition, will be again exerted for their salvation. The 
 accounts from various parts of the country correspond with 
 my warmest hopes, and justify my early predictions of the 
 eventual defeat of this scheme of power and office making. 
 
 The genius of liberty has sounded the alarm, and the dor- 
 mant spirit of her votaries is reviving with enthusiastic 
 ardor; the like unanimity which formerly distinguished 
 them in their conflict with foreign despots, promises to 
 crown their virtuous opposition on the present occasions, 
 with signal success. The structure of despotism that has 
 been reared in this state, upon deception and surprise, will 
 vanish like the baseless fabric of a dream and leave not a 
 trace behind. 
 
 The parasites and tools of power in Northampton County 
 ought to take warning from the fate of the Carlisle junto, lest 
 like them, they experience the resentment of an injured peo- 
 ple. I would advise them not to repeat the imposition of a 
 set of fallacious resolutions as the sense of that county, when 
 in fact, it was the act of a despicable few, with Alexander 
 Paterson at their head, whose achievements at Wyoming, as 
 the meaner instrument of unfeeling avarice, have rendered 
 infamously notorious; but yet, like the election of a Mr. 
 Sedgwick for the little town of Stockbridge, which has been 
 adduced as evidence of the unanimity of the western counties 
 
Letters of Centinel. No. IX. 629 
 
 of Massachusetts State in favor of the new Constitution, when 
 the fact is far otherwise, this act of a few individuals will be 
 sounded forth over the continent as a testimony of the zeal- 
 ous attachment of the county of Northampton to the new 
 Constitution. By such wretched and momentary deceptions 
 do these harpies of power endeavor to give the complexion of 
 strength to their cause. To prevent the detection of such 
 impositions, to prevent the reflection of the rays of light from 
 State to State, which, producing general illumination, would 
 dissipate the mist of deception, and thereby prove fatal to 
 the new Constitution, all intercourse between the patriots of 
 America is as far as possible cut off; whilst on the other 
 hand, the conspirators have the most exact information, a 
 common concert is everywhere evident; they move in unison. 
 There is so much mystery in the conduct of these men, such 
 systematic deception and fraud characterizes all their meas- 
 ures, such extraordinary solicitude shown by them to precipi- 
 tate and surprise the people into a blind and implicit adoption 
 of this government, that it ought to excite the most alarming 
 apprehensions in the minds of all those who think their privi- 
 leges, property, and welfare worth securing. 
 
 It is a fact that can be established, that during almost the 
 whole of the time that the late convention of this State was 
 assembled, the newspapers published in New York by Mr. 
 Greenleaf, which contains the essays written there against the 
 new government, such as the patriotic ones of Brutus, Cin- 
 cinnatus, Cato, etc. , sent as usual by the printer of that place 
 to the printers of this city, miscarried in their conveyance, 
 which prevented the republication in this State of many of 
 these pieces; and since that period great irregularity prevails, 
 and I stand informed that *H^rinters in New York complain 
 that the free and independent newspapers of this city do not 
 come to hand; whilst on the contrary we find the devoted 
 vehicles of despotism pass uninterrupted. I would ask what 
 is the meaning of the new arrangement at the post-office 
 which abridges the circulation of newspapers at this momen- 
 tous crisis, when our every concern is dependent upon a 
 proper decision of the subject in discussion. No trivial ex- 
 
630 Letters of Centinel. No. X. 
 
 cuse will be admitted; the Centinel will, as from the first ap- 
 proach of despotism, warn his countrymen of the insidious 
 and base strategems that are practicing to hoodwink them out 
 of their liberties. 
 
 The more I consider the manoeuvres that are practicing, the 
 more am I alarmed — foreseeing that the juggle cannot long 
 be concealed, and that the spirit of the people will not brook 
 the imposition, they have guarded as they suppose against any 
 danger arising from the opposition of the people and rendered 
 their struggles for liberty impotent and ridiculous. What 
 otherwise is the meaning of disarming the militia, for the 
 purpose as it is said of repairing their muskets at such a par- 
 ticular period? Does not the timing of the measure deter- 
 mine the intention? I was ever jealous of the select militia, 
 consisting of infantry and troops of horse, instituted in this 
 city and in some of the counties, without the sanction of law, 
 and ofEcered principally by the devoted instruments of the 
 well bom^ although the illustrious patriotism of one of them 
 has not corresponded with the intention of appointing him. 
 Are not these corps provided to suppress the first efforts of 
 freedom, and to check the spirit of the people until a regular 
 and sufficiently powerful military force shall be embodied to 
 rivet the chains of slavery on a deluded nation? What con- 
 firms these apprehensions is the declaration of a certain major, 
 an active instrument in this business, and the echo of the 
 principal conspirators, who has said he should deem the cut- 
 ting off of five thousand men, as a small sacrifice, a cheap 
 purchase for the establishment of the new Constitution. 
 
 Philadelphia, January 5, 1788. Cetinel. 
 
 Centinel No. X.* 
 
 To the People of Pennsylvania. Fellow Citizens. 
 
 What illustrious evidence and striking demonstration does 
 the present momentous discussion afford of the inestimable 
 value of the liberty of the press ? No doubt now remains, 
 but that it will prove the rock of our political salvation. 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Jan. 12, 1788. 
 
Letters of Centinel. No. X. 631 
 
 Despotism, witn its innumerable host of evils, by gliding 
 through the mist of deception, had gained some of the prin- 
 cipal works, had made a lodgment in the very citadel of 
 liberty before it was discovered, and was near carrying the 
 fortress by surprise; at this imminent alarming crisis the cen- 
 tries from the watch-towers sounded the alarm, and aroused 
 the dormant votaries of liberty to a due sense of their danger; 
 who, with an alacrity and spirit suited to the exigence, an- 
 swered to the call, repulsed the enemy, dislodged it from 
 most of its acquisitions, and nothing is now wanting to a 
 total rout and complete defeat, but a general discharge from 
 the artillery of freedom. As the shades of night fly before 
 the approach of the radiant sun, so does despotism before the 
 majesty of enlightened truth ; wherever free discussion is al- 
 lowed, this is invariably the consequence. Since the press 
 has been unshackled in Pennsylvania, what an astonishing 
 transition appears in the sentiments of the people! Infatua- 
 tion is at an end, execration and indignation have succeeded 
 to blind admiration and mistaken enthusiasm. The rampant 
 insolence of the conspirators is prostrated, black despair has 
 taken possession of many of them, their countenances pro- 
 claim their defeat, and express serious apprehension for their 
 personal safety from the rising resentment of injured freemen. 
 James, the Caledonian, lieutenant general of the myrmidons 
 of power, under Robert, the cofferer, who, with his aid-de- 
 camp, Gouvero, the cunning man, has taken the field in Vir- 
 ginia. I say James, in this exigence summonses a grand 
 council of his partisans in this city and represents in the 
 most pathetic moving language, the deplorable situation of 
 affairs, stimulates them to make a vigorous effort to recover 
 the ground they have lost and establish tlieir empire; that for 
 this purpose a generous contribution must be made by all 
 those who expect to taste the sweets of power, or share in the 
 fruits of dominion, in order to form a fund adequate to the 
 great design, that may put them in possession of the darling 
 object; then recommends that a committee be appointed of 
 those who are gifted with Machiavelian talents of those who 
 excel in ingenuity, artifice, sophistry and the refinements of 
 
633 Letters of Centinel. No. X. 
 
 falsehood, who can assume the pleasing appearance of truth 
 and bewilder the people in all the mazes of error; and as the 
 talk will be arduous, and requires various abilities and talents, 
 the business ought to be distributed, and different parts as- 
 signed to the members of the committee, as they may be 
 respectively qualified; some by ingenious sophisms to explain 
 away and counteract those essays of patriotism that have 
 struck such general convictions; some to manufacture ex- 
 tracts of letters and notes from correspondents, to give the 
 complexion of strength to their cause, by representing the 
 unanimity of all corners of America in favor of the new con- 
 stitution; and others to write reams of letters to their tools in 
 every direction, furnishing them with the materials of propa- 
 gating error and deception; in short, that this committee 
 ought to make the press groan and the whole country rever- 
 berate with their productions ; thus to overpower truth and 
 liberty by the din of empty sound and the delusion of false- 
 hood. 
 
 The conspirators, deceived by their first success, grounded 
 on the unreserved confidence of the people, do not consider 
 that with the detection of their views all chance of success is 
 over; that suspicion once awakened is not so soon to be 
 lulled, but with eagle eye will penetrate all their wiles, and 
 detect their every scheme, however deeply laid or speciously 
 glossed. The labors of their committee will be unavailing: 
 the point of deception is passed, the rays of enlightened pa- 
 triotism have diffused general illumination. However, this 
 new efibrt will serve to show the perseverance of ambition 
 and the necessity of constant vigilance in the people for the 
 preservation of their liberty. 
 
 Already we recognize the ingenuity and industry of this 
 committee; the papers teem with paragraphs, correspondents, 
 etc. , that exhibit a picture which bears no resemblance to the 
 original. If we view this mirror for the representation of 
 the sentiments of the people, a perfect harmony seems to pre- 
 vail : every body in every place is charmed with the new Con- 
 stitution — considers it as a gift from heaven, as their only ' 
 salvation, etc., etc., etc., and I am informed expresses are 
 
Letters of Centinel. No. XI. 633 
 
 employing to waft the delusion to the remotest corners. Such 
 
 a scene of bustle, lying, and activity, was never exhibited 
 
 since the days of Adam. The contributions to the grand 
 
 fund are so great, that it is whispered a magazine of all the 
 
 apparatus of war is to be immediately provided, and if all 
 
 other means fail, force is to be recurred to, which they hope 
 
 will successfully terminate the disagreeable discussion of the 
 
 rights of mankind, of equal liberty, etc. , and thus establish 
 
 a due subordination to the well born few. 
 
 Centinel. 
 Centinei, No. XI.* 
 
 To the People of Pennsylvania. Fellow Citizens. 
 
 The arguments upon which the advocates of the new con- 
 stitution the most dwell, are the distresses of the community, 
 the evils of anarchy, and the horrible consequences that 
 would ensue from the dissolution of the union of the States, 
 and the institution of separate confederacies or republics: 
 The unanimity of the federal convention, and the sanction of 
 great names, can be no further urged as an argument after 
 the exposition made by the attorney-general of Maryland, f 
 who was a member of that convention; he has opened such a 
 scene of discord and accommodation of republicanism to des- 
 potism as must excite the most serious apprehensions in every 
 patriotic mind. The first argument has been noticed in the 
 preceding essays; wherein it is shown that this is not the 
 criterion whereby to determine the merits of the new consti- 
 tution; that notwithstanding the reality of the distresses of 
 the people, the new constitution may not only be inadequate 
 as a remedy, but destructive of liberty, and the completion 
 of misery. The remaining two arguments will be discussed 
 in this number; their futility elucidated; and thus the 
 medium of deception being dissipated, the public attention, 
 with undirected, undiminished force, will be directed to the 
 proper object, will be confined to the consideration of the 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Jan. 16, 1788. 
 
 t Luther Martin. See his Genuine Information for the people of Mary- 
 land, etc., etc. 
 
634 Letters of Centtnel. . No. XI. 
 
 nature and construction of the plan of government itself, the 
 question will then be, whether this plan be calculated for 
 our welfare, or misery; whether it is the temple of liberty, or 
 the structure of despotism? and as the former, or the latter, 
 shall appear to be the case, to adopt or reject it accordingly, 
 otherwise to banish the demon of domination by suitable 
 amendments and qualifications. 
 
 The evils of anarchy have been portrayed with all the im- 
 agery of language in the glowing colors of eloquence; the 
 affrighted mind is thence led to clasp the new Constitution as 
 the instrument of deliverance, as the only avenue to safety 
 and happiness. To avoid the possible and transitory evils of 
 one extreme, it is seduced into the certain and permanent 
 misery necessarily attendant on the other. A state of an- 
 archy from its very nature can never be of long continuance; 
 the greater its violence the shorter the duration; order and se- 
 curity are immediately sought by the distracted people beneath 
 the shelter of equal laws and the salutary restraints of reg- 
 ular government, and if this be not attainable absolute power 
 is assumed by the one, or a few, who shall be the most enter- 
 prising and successful. If anarchy, therefore, were the in- 
 evitable consequence of rejecting the new Constitution, it 
 would be infinitely better to incur it, for even then there 
 would be at least the chance of a good government rising out 
 of licentiousness; but to rush at once into despotism because 
 there is a bare possibility of anarchy ensuing from the rejec- 
 tion, or from what is yet more visionary, the small delay that 
 would be occasioned by a revision and correction of the pro- 
 posed system of government is so superlatively weak, so 
 fatally blind, that it is astonishing any person of common 
 understanding should suffer such an imposition to have the 
 least influence on his judgment; still more astonishing that 
 so flimsy and deceptive a doctrine should make converts 
 among the enlightened freemen of America, who have so 
 long enjoyed the blessings of liberty; but when I view 
 among such converts men otherwise pre-eminent it raises a 
 blush for the weakness of humanity that these, her brightest 
 ornaments, should be so dimsighted to what is self-evident 
 
Letters of Centinel. No. XL 635 
 
 to most men, that such imbecility of judgment should appear 
 where so much perfection was looked for; this ought to teach 
 us to depend more on our own judgment and the nature of 
 the case than upon the opinions of the greatest and best of 
 men, who, from constitutional infirmities or particular situa- 
 tions, may sometimes view an object through a delusive me- 
 dium, but the opinions of great men are more frequently the 
 dictates of ambition or private interest. 
 
 The source of the apprehensions of this so much dreaded 
 anarchy would upon investigation be found to arise from the 
 artful suggestions of designing men, and not from a rational 
 probability grounded on the actual state of affairs ; the least 
 reflection is sufficient to detect the fallacy to show that there 
 is no one circumstance to justify the- prediction of such an 
 event. On the contrary a short time will evince, to the utter 
 dismay and confusion of the conspirators, that a perseverance 
 in cramming down their scheme of power upon the freemen 
 of this State will inevitably produce an anarchy destructive 
 of their darling domination, and may kindle a flame prejudi- 
 cial to their safety; they should be cautious not to trespass too 
 far on the forbearance of freemen when wresting their dearest 
 concerns, but prudently retreat from the gathering storm. 
 
 The other specter that has been raised to terrify and alarm 
 the people out of the exercise of their judgment on this great 
 occasion, is the dread of our splitting into separate confedera- 
 cies or republics, that might become rival powers and conse- 
 quently liable to mutual wars from the usual motives of con- 
 tention. This is an event still more improbable than the 
 foregoing; it is a presumption unwarranted, either by the 
 situation of afiairs, or the sentiments of the people; no dis- 
 position leading to it exists; the advocates of the new consti- 
 tution seem to view such a separation with horror, and its 
 opponents are strenuously contending for a confederation that 
 shall embrace all America under its comprehensive and salu- 
 tary protection. This hobgoblin appears to have sprung 
 from the deranged brain of Publius*z. New York writer, who, 
 
 * The signature under which Hamilton, Jay and Madison issued the Essays 
 that form The Federalist. 
 
636 Letters of Centinel. No. XL 
 
 mistaking sound for argument, has with Herculean labor ac- 
 cumulated myriads of unmeaning sentences, and mechanically 
 endeavored to force conviction by a torrent of misplaced 
 words; he might have spared his readers the fatigue of wad- 
 ing through his long-winded disquisitions on the direful 
 effects of the contentions of inimical states, as totally inap- 
 plicable to the subject he was professedly treating; this 
 writer has devoted much time, and wasted more paper in 
 combating chimeras of his own creation. However, for the 
 sake of argument, I will admit that the necessary conse- 
 quence of rejecting or delaying the establishment of the new 
 constitution, would be the dissolution of the union, and the 
 institution of even rival and inimical republics; yet ought 
 such an apprehension, if well founded, to drive us into the 
 fangs of despotism? Infinitely preferable would be occasional 
 wars to such an event; the former, although a severe scourge, 
 is transient in its continuance, and in its operation partial, 
 but a small proportion of the community are exposed to 
 its greatest horrors, and yet fewer experience its greatest 
 evils; the latter is permanent and universal misery, without 
 remission or exemption : as passing clouds obscure for a time 
 the splendor of the sun, so do wars interrupt the welfare of 
 mankind; but despotism is a settled gloom that totally ex- 
 tinguishes happiness, not a ray of comfort can penetrate to 
 cheer the dejected mind; the goad of power with unabating 
 rigor insists upon the utmost exaction, like a merciless task- 
 master, is continually inflicting the lash, and is never satiated 
 with the feast of unfeeling domination, or the most abject 
 servility. 
 
 The celebrated Lord Kaims, whose disquisitions on human 
 nature evidence extraordinary strength of judgment and depth 
 of investigation, says that a continual civil war, which is the 
 most destructive and horrible scene of human discord, is pre- 
 ferable to the uniformity of wretchedness and misery attend- 
 ant upon despotism; of aSS. possible evils, as I observed in my 
 first number, this is the worst and the most to be dreaded. 
 
 I congratulate my fellow citizens that a good government, 
 the greatest earthly blessing, may be so easily obtained, that 
 
Letters of Centinel. No. XII. Sj^j 
 
 our circumstances are so favorable, that nothing but the folly 
 of the conspirators can produce anarchy or civil war, which 
 would presently terminate in their destruction and the per- 
 manent harmony of the state, alone interrupted by their am- 
 bitious machinations. 
 
 In a former number I stated a charge of a very heinous 
 nature, and highly prejudicial to the public welfare, and at 
 this great crisis peculiarly alarming and threatening to lib- 
 erty. I mean the suppression of the circulation of the news- 
 papers from State to State by the of— c — rs of the P — t 
 O — ce, who in violation of their duty and integrity, have 
 prostituted their of — ces to forward the nefarious design of 
 enslaving their countrymen, by thus cutting oif all communi- 
 cation by the usual vehicle between the patriots of America; 
 I find that notwithstanding that public appeal, they perse- 
 vere in this villainous and daring practice. The newspapers 
 of the other States that contain any useful information are 
 still withheld from the printers of this State, and I see by the 
 annunciation of the editor of Mr. Greenleafs patriotic New 
 York paper, that the printers of that place are still treated in 
 like manner. This informs his readers that but two southern 
 papers have come to hand, and that they contain no informa- 
 tion, which he affects to ascribe to the negligence of the p — t 
 boy, not caring to quarrel with the p — t m — t— r g — 1. 
 
 Centinel. 
 
 Philadelphia, January 12, 1788. 
 
 Centinei, No. XII. * 
 To the People of Pennsylvania. Fellow Citizens. 
 
 Conscious guilt has taken the alarm, thrown out the signal 
 of distress, and even appealed to the generosity of patriotism. 
 The authors and abettors of the new Constitution shudder at 
 the term conspirators being applied to them, as it designates 
 their true character, and seems prophetic of the catastrophe; 
 they read their fate in the epithet. 
 
 In despair they are weakly endeavoring to screen their 
 
 * From " The Independent Gazetter, or The Chronicle of Freedom," Jan. 
 23, 1788. 
 
638 Letters of Centinel. No. XII. 
 
 criminality by interposing the shield of the virtues of a 
 Washington, in representing his concurrence in the proposed 
 system of government as evidence of the purity of their in- 
 tentions;, but this impotent attempt to degrade the brightest 
 ornament of his country to a base level with themselves will 
 be considered as an aggravation of their treason, and an in- 
 sult on the good sense of the people, who have too much 
 discernment not to make a just discrimination between the 
 honest mistaken zeal of the patriot and the flagitious machi- 
 nations of an ambitious junto, and will resent the imposition 
 that Machiavelian arts and consummate cunning have prac- 
 ticed upon our illustrious chief. 
 
 The term conspirators was not, as has been alleged, rashly 
 or inconsiderately adopted; it is the language of dispassionate 
 and deliberate reason, influenced by the purest patriotism; 
 the consideration of the nature and construction of the new 
 Constitution naturally suggests the epithet; its justness is 
 strikingly illustrated by the conduct of the patrons of this 
 plan of government, but if any doubt had remained whether 
 this epithet is merited, it is now removed by the very uneasi- 
 ness it occasions; this is a confirmation of its propriety. 
 Innocence would have nothing to dread from such a stigma, 
 but would triumph over the shafts of malice. 
 
 The conduct of men is the best clue to their principles. 
 The system of deception that has been practiced; the con- 
 stant solicitude shown to prevent information diffusing its 
 salutary light are evidence of a conspiracy beyond the arts 
 of sophistry to palliate; or the ingenuity of falsehood to in- 
 validate; the means practiced to establish the new Constitu- 
 tion are demonstrative of the principles and designs of its 
 authors and abettors. 
 
 At the time, says Mr. Martin (deputy from the State of 
 Maryland in the general convention), when the public prints 
 were announcing our perfect unanimity, discord prevailed to 
 such a degree that the minority were upon the point of ap- 
 pealing to the public against the machinations of ambition. 
 By such a base imposition, repeated in every newspaper and 
 reverberated from one end of the union to the other, was the 
 
Letters of Centinel. No. XII. 639 
 
 people lulled into a false confidence, into an implicit reliance 
 upon the wisdom and patriotism of the convention; and when' 
 ambition, by her deceptive wiles, had succeeded to usher 
 forth the new system of government with apparent unanimity 
 of sentiment, the public delusion was complete. The most 
 extravagant fictions were palmed upon the people, the seal 
 of divinity was even ascribed to the new Constitution; a 
 felicity more than human was to ensue from its establishment; 
 overlooking the real cause of our difficulties and burthens, 
 which have their proper remedy, the people were taught that 
 the new Constitution would prove a mine of wealth and 
 prosperity equal to every want, or the most sanguine desire; 
 that it would eflFect what can only be produced by the exer- 
 tion of industry and the practice of economy. 
 
 The conspirators, aware of the danger of delay, that allow- 
 ing time for a rational investigation would prove fatal to 
 their designs, precipitated the establishment of the new Con- 
 stitution with all possible celerity; in Massachusetts the depu- 
 ties of that convention, who are to give the final fiat in behalf 
 of that great State to a measure upon which their dearest con- 
 cerns depend, were elected by express in the first moments of 
 blind enthusiasm ; similar conduct has prevailed in the other 
 States as far as circumstances permitted. 
 
 If the foregoing circumstances did not prove a conspiracy, 
 there are others that must strike conviction in the most un- 
 suspicious. Attempts to prevent discussion by shackling the 
 press ought ever to be a signal of alarm to freemen, and con- 
 sidered as an annunciation of meditated tyranny; this is a 
 truth that the uniform experience of mankind has established 
 beyond the possibility of doubt. Bring the conduct of the 
 authors and abettors of the new constitution to this test, let 
 this be the criterion of their criminality, and every patriotic 
 mind must unite in branding them with the stigma of con- 
 spirators against the public liberties. No stage of this busi- 
 ness but what has been marked with every exertion of influ- 
 ence and device of ambition to suppress information and 
 intimidate public discussion; the virtue and firmness of some 
 of the printers rose superior to the menaces of violence and 
 
640 Letters of Centinel. No. XII. 
 
 the lucre of private interest; when every means failed to 
 shackle the press, the free and independent papers were at- 
 tempted to be demolished by withdrawing all the subscrip- 
 tions to them within the sphere of the influence of the con- 
 spirators; fortunately for the cause of liberty and truth, these 
 daring high-handed attempts have failed except in one 
 instance, where, from a peculiarity of circumstances, ambition 
 has triumphed. Under the flimsy pretense of vindicating 
 the character of a contemptible drudge of party, rendered 
 ridiculous by his superlative folly in the late convention, of 
 which the statement given in the Pennsylvania Herald was 
 confessedly a faithful representation, this newspaper has been 
 silenced * by some hundreds of its subscribers (who it seems 
 are generally among the devoted tools of party, or those who 
 are obliged from their thraldom to yield implicit assent to 
 the mandates of the junto) withdrawing their support from 
 it; by this stroke the conspirators have suppressed the publi- 
 cation of the most valuable debates of the late convention, 
 which would have been given in course by the editor of that 
 paper, whose stipend now ceasing, he cannot afford without 
 compensation the time and attention necessary to this business. 
 Every patriotic person who had an opportunity to hearing 
 that illustrations advocate of liberty and his country, Mr. 
 Findley, must sensibly regret that his powerful arguments 
 are not to extend beyond the confined walls of the State- 
 House, where they could have so limited an effect; that the 
 United States could not have been his auditory through the 
 medium of the press. I anticipate the answer of the conspi- 
 rators; they will tell you that this could not be their motive 
 for silencing this paper, as the whole of the debates were 
 taken down in short-hand by another person and published, 
 but the public are not to be so easily duped, they will not re- 
 ceive a spurious as an equivalent for a genuine production; 
 equal solicitude was expressed for the publication of the 
 former as for the suppression of the latter— the public will 
 judge of the motives. 
 
 * The Herald it is said is to he discontinued the z^d instant {the editor is 
 already dismissed"). 
 
Letters of Centinel. No. XII. 641 
 
 That investigation into the nature and construction of the 
 new constitution, which the conspirators have so long and 
 zealously struggled against, has, notwithstanding their par- 
 tial success, so far taken place as to ascertain the enormity of 
 their criminality. That system which was pompously dis- 
 played as the perfection of government, proves upon exami- 
 tion to be the most odious system of tyranny that was ever 
 projected, a many-headed hydra of despotism, whose compli- 
 cated and various evils would be infinitely more oppressive 
 and afflictive than the scourge of any single tyrant: the ob- 
 jects of dominion would be tortured to gratify the calls of 
 ambition and the cravings of power of rival despots contend- 
 ing for the sceptre of superiority; the devoted people would 
 experience a distraction of misery. 
 
 No wonder then that such a discovery should excite uneasy 
 apprehensions in the minds of the conspirators, for such an 
 attempt against the public liberties is unprecedented in his- 
 tory; it is a crime of the blackest dye, as it strikes at the hap- 
 piness of millions and the dignity of human nature, as, it was 
 intended to deprive the inhabitants of so large a portion of 
 the globe of the choicest blessings of life and the oppressed 
 of all nations of an asylum. 
 
 The explicit language of the Centinel during the empire 
 of delusion was not congenial to the feelings of the people, 
 but truth when it has free scope is all powerful, it enforces 
 conviction in the most prejudiced mind ; he foresaw the con- 
 sequences of an exertion of the good sense and understanding 
 of the people, and predicted the defeat of the measure he ven- 
 tured to attack, when it was deemed sacred by most men and 
 the certain ruin of any who should dare to lisp a word 
 against it: he has persevered through every discouraging ap- 
 pearance, and has now the satisfaction to find his country- 
 men are aware of their danger and are taking measures for 
 their security. 
 
 Since writing the foregoing. I am informed that the 
 
 printer of the Pennsylvania Herald is not quite decided 
 
 whether he will drop his paper; he wishes, and perhaps will 
 
 be enabled, to perseverve; however, the conspirators have 
 
 41 
 
643 Letters of Centinel. No. XIII. 
 
 efiFected their purpose; the editor is dismissed and the debates 
 of the convention thereby suppressed. 
 
 Centinel. 
 
 Centinel, No. XIII.* 
 
 To the People of Pennsylvania. Fellow Citizens. 
 
 The conspirators are putting your good sense, patriotism 
 and spirit to the severest test. So bold a game of deception, 
 so decisive a stroke for despotic power, was never before at- 
 tempted among enlightened freemen. Can there be apathy 
 so indiflFerent as not to be roused into indignation, or prejudice 
 so blind as not to yield to the glaring evidence of a flagitious 
 conspiracy against the public liberties ? The audacious and 
 high-handed measures practiced to suppress information, and 
 intimidate discussion, would in any other circumstances than 
 the present, have kindled a flame fatal to such daring invaders 
 of our dearest privileges. 
 
 The conspirators having been severely galled and checked 
 in their career by the artillery of freedom, have made more 
 vigorous and successful efforts to silence her batteries, while 
 falsehood with all her delusions is making new and greater 
 exertions in favor of ambition. On the one hand, every 
 avenue to information is as far as possible cut off"; the usual 
 communication between the states, through the medium of 
 the press, is in a great measure destroyed by a new arrange- 
 ment at the Post OflBce — scarcely a newspaper is suffered to 
 passt by this conveyance, and the arguments of a Findley, a 
 Whitehill and a Smilie, that bright constellation of patriots, 
 are suppressed, and a spurious publication substituted ; and on 
 the other hand the select committee are assiduously employed 
 in manufacturing deception in all its ensnaring colors, and 
 having an adequate fund at their command, they are delug- 
 ing the country with their productions. The only newspaper 
 that circulates extensively out of the city is kept running over 
 with deceptive inventions. Doctor Puff", the paragi-aphist, 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Jan. 30, 1788. 
 
 tFor the truth of this charge I appeal to the printers. 
 
Leutrs of Centinel. No. XIII. 643 
 
 has scarcely slept since his appointment, having received 
 orders to work double tides; beneath his creative pen thous- 
 ands of correspondents rise into view, who all harmonize in 
 their sentiments and information about the new constitution; 
 but the chief reliance is on James the Caledonian, who can to 
 appearance destroy all distinction between liberty and despot- 
 ism, and make the latter pass for the former, who can bewilder 
 truth in all the mazes of sophistry, and render the plainest 
 propositions problematical. He, chameleon-like, can vary his 
 appearance at pleasure, and assume any character for the pur- 
 poses of deception. In the guise of a Conciliator^ in the 
 Independent Gazetteer, he professes great candor and moder- 
 ation, admits some of the principal objections to the new 
 constitution to be well founded and insidiously proposes a 
 method to remove them, which is to consider the first Con- 
 gress under the new constitution as a convention, competent 
 to supply all defects in the system of government., This is 
 really a discovery that does honor to his invention. What ! a 
 legislative declaration or law a basis upon which to rest our 
 dearest liberties ? Does he suppose the people have so little 
 penetration as not to see through so flimsy a delusion, that 
 such a security would amount to no more than the will and 
 pleasure of their rulers, who might repeat this fundamental 
 sanction whenever ambition stimulated ? In the feigned char- 
 acter of A Freeman., he combats the weighty arguments of the 
 minority of the late convention, by a mere play upon words, 
 carefully avoiding the real merits of the question; and we 
 moreover trace him in a variety of miscellaneous productions 
 in every shape and form ; he occasionally assists Doctor Puff 
 in the fabrication of extracts of letters, paragraphs, correspon- 
 dents, etc., etc. 
 
 So gifted and with such a claim of merit from his extraor- 
 dinary and unwearied exertions in the cause of despotism, 
 who so suitable or deserving of the office of Chief Justice of 
 the United States? How congenial would such a post be to 
 the principles and dispositions of James! Here he would be 
 both judge and jury, sovereign arbiter in law and equity. In 
 this capacity he may satiate his vengeance on patriotism for 
 
644 Letters of Centinel. No. XIII. 
 
 the opposition given to his projects of dominion. Here he 
 may gratify his superlative arrogance and contempt of man- 
 kind, by trampling upon his fellow creatures with impunity, 
 here he may give the finishing stroke to liberty, and silence 
 the offensive complaints of violated justice and innocence, by 
 adding the sanction of his office to the rapacity of power and 
 the wantonness of oppression; there will be no intervening 
 jury to shield the innocent, or procure redress to the injured. 
 Fellow citizens, although the conspirators and their abet- 
 tors are not sufficiently numerous to endanger our liberties 
 by an open and forcible attack on them, yet when the char- 
 acters of which they are composed and the methods they are 
 practicing are considered, it ought to occasion the most serious 
 alarm, and stimulate to an immediate, vigorous, and united 
 exertion of the patriotic part of the community for the security 
 of their rights and privileges. Societies ought to be insti- 
 tuted in every county, and a reciprocity of sentiments and 
 information maintained between such societies, whereby the 
 patriots throughout Pennsylvania, being mutually enlightened 
 and invigorated, would form an invincible bulwark to liberty, 
 and by unity of counsel and exertion might the better pro- 
 cure and secure to themselves and to unborn ages the blessings 
 of a good federal government. Nothing but such a system of 
 conduct can frustrate the machinations of an ambitious junto, 
 who, versed in Machiavellian arts, can varnish over with the 
 semblance of freedom the most despotic instrument of govern- 
 ment ever projected; who cannot only veil over their own 
 ambitious purposes, but raise an outcry against the real pa- 
 triots for interested views, when they are advocating the cause 
 of liberty and of their country by opposing a scheme of arbi- 
 trary power and office making; who can give the appearance 
 of economy to the introduction of a numerous and permanent 
 standing army, and the institution of lucrative, needless of- 
 fices to provide for the swarms of gaping, almost famished 
 expectants, who have been campaigning it for ten years with- 
 out success against our inestimable State Constitution, as a 
 reward for their persevering toils, but particularly for their 
 zeal on the present occasion, and also as a phalanx to tyranny; 
 
Letters of Centinel. No. XIII. 645 
 
 and who, notwithstanding the testimony of uniform experi- 
 ence, evinces the necessity of restrictions on those entrusted 
 with power, and a due dependence of the deputy on the con- 
 stituent being maintained to ensure the public welfare; who, 
 notwithstanding the fate that liberty has ever met from the 
 remissness of the people and the persevering nature of ambi- 
 tion, who, ever on the watch, grasps at every avenue to su- 
 premacy. I say, notwithstanding such evidence before them 
 of the folly of mankind, so often duped by similar arts, the 
 conspirators have had the address to inculcate the opinion 
 that forms of government are no security for the public lib- 
 erties; that the administration is everything; that, although 
 there would be no responsibility under the new Constitution 
 — no restriction on the powers of the government, whose will 
 and pleasure would be literally the law of the land, yet that 
 we should be perfectly safe and happy. That as our rules 
 would be made of the same corrupt materials as ourselves, 
 they certainly could not abuse the trust reposed in them, but 
 would be the most self-denying order of beings ever created; 
 with your purses at their absolute disposal, and your liberties 
 at their discretion, they would be proof against the charms 
 of money and the allurements of power. However, if such 
 Utopian ideas should prove chimerical, and the people should 
 find the yoke too heavy, they might at pleasure alleviate or 
 even throw it off. In short, the conspirators have displayed 
 so much ingenuity on this occasion, that if it had not been 
 for the patriotism and firmness of some of the printers, which 
 gave an opportunity to enlightened truth to come forward, 
 and by her invincible powers to detect the sophistry and ex- 
 pose the fallacy of such impositions, liberty must have been 
 overcome by the wiles of ambition, and this land of freemen 
 have become the miserable abode of slaves. 
 
 Centinel. 
 Philadelphia, January 36, 1788. 
 
646 Letters of Centinel. No. XIV. 
 
 Centinei-, No. XIV.* 
 
 To the People of Pennsylvania. Fellow Citizens. 
 
 I am happy to find the comment that I have made upon 
 the nature and tendency of the new constitution, and my 
 suspicions of the principles and designs of its authors, are 
 fully confirmed by the evidence of the Honorable I/UTHER 
 Martin, esquire, late deputy in the general convention. 
 He has laid open the conclave, exposed the dark scene with- 
 in, developed the mystery of the proceedings, and illustrated 
 the machinations of ambition. His public spirit has drawn 
 upon him the rage of the conspirators, for daring to remove 
 the veil of secrecy, and announcing to the public the medi- 
 tated, gilded mischief: all their powers are exerting for his 
 destruction, the mint of calumny is assiduously engaged in 
 coining scandal to blacken his character, and thereby to in- 
 validate his testimony; but this illustrious patriot will rise 
 superior to all their low arts, and be the better confirmed in 
 the good opinion and esteem of his fellow-citizeus, upon 
 whose gratitude he has an additional claim by standing forth 
 their champion at a crisis when most men would have 
 shrunk from such a duty. Mr. Martin has appealed to gen- 
 eral Washington for the truth of what he has advanced, and 
 undaunted by the threats of his and his country's enemies, is 
 nobly persevering in the cause of liberty and mankind. I 
 would earnestly recommend it to all well meaning persons to 
 read his communication, as the most satisfactory and certain 
 method of forming a just opinion on the present momentous 
 question, particularly the three or four last continuances, as 
 they go more upon the general principles and tendency of the 
 new constitution. I have in former numbers alluded to some 
 passages in this publication; I shall in this number quote 
 some few others, referring to the work itself for a more 
 lengthy detail. The following paragraphs are extracted from 
 the continuances republished in the "Independent Gazetteer" 
 of the 25th January, and the "Pennsylvania Packet" of the 
 ist February instant, viz. 
 
 *Prom "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Feb. 5, 1788. 
 
Letters of Centinel. No. XIV. Si^y 
 
 " By the eighth section of this article, Congress is to have 
 power to lay and collect taxes, duties, imposts, and excises. 
 When we met in convention after our adjournment, to receive 
 the report of the committee of detail, the members of that 
 committee were requested to inform us what powers were 
 meant to be vested in Congress by the word duties in this 
 section, since the word imposts extended to duties on goods 
 imported, and by another part of the system no duties on ex- 
 ports were to be laid. In answer to this inquiry we were in- 
 formed, that it was meant to give the general government the 
 power of laying stamp duties on paper, parchment and vel- 
 lum. We then proposed to have the power inserted in ex- 
 press words, lest disputes hereafter might arise on the sub- 
 ject, and that the meaning might be understood by all who 
 were to be aflFected by it; but to this it was objected, because 
 it was said that the word stamp would probably sound odi- 
 ously in the ears of many of the inhabitants, and be a cause 
 of objection. By the power of imposing stamp duties the 
 Congress will have a right to declare that no wills, deeds, or 
 other instruments of writing, shall be good and valid, with- 
 out being stamped — that without being reduced to writing 
 and being stamped, no bargain, sale, transfer of property or 
 contract of any kind or nature whatsoever shall be binding; 
 and also that no exemplifications of records, depositions, or 
 probates of any kind shall be received in evidence, unless 
 they have the same solemnity. They may likewise oblige all 
 proceedings of a judicial nature to be stamped to give them 
 eflFect — those stamp duties may be imposed to any amount 
 they please — and under the pretense of securing the collection 
 of these duties, and to prevent the laws which imposed them 
 from being evaded, the Congress may bring the decision of 
 all questions relating to the conveyance, disposition and 
 rights of property, and every question relating to contracts be- 
 tween man and man, into the courts of the general govern- 
 ment — their inferior courts in the first instance and the 
 superior court by appeal. By the power to lay and collect 
 imposts, they may impose duties on any or every article of 
 commerce imported into these states, to what amount they 
 
648 Letters of Centinel. No. XIV. 
 
 please. By the power to lay excises, a power very odious in 
 its nature, since it authorizes officers to go into your houses, 
 your kitchens, your cellars, and to examine into your private 
 concerns, the Congress may impose duties on every article of 
 use or consumption ; on the food that we eat — on the liquors 
 we drink — on the clothes we wear^-on the glass which en- 
 lightens our houses — on the hearths necessary for our warmth 
 and comfort. By the power to lay and collect taxes, they 
 may proceed to iiirect taxation on every individual, either by 
 a capitation tax on their heads, or an assessment on their 
 property. By this part of the section, therefore, the govern- 
 ment has a power to lay what duties they please on goods im- 
 ported — to lay what duties they please afterwards on what- 
 ever we use or consume — to impose stamp duties to what 
 amount they please, and in whatever cases they please — 
 afterwards to impose on the people direct taxes, by capitation 
 tax, or by assessment, to what amount they choose, and thus 
 to sluice them at every vein as long as they have a drop of 
 blood, without any control, limitation or restraint — while all 
 the officers for collecting these taxes, stamp duties, imposts 
 and excises, are to be appointed by the general government, 
 under its direction, not accountable to the states; nor is there 
 even a security that they shall be citizens of the respective 
 states, in which they are to exercise their offices ; at the same 
 time the construction of every law imposing any and all 
 these taxes and diities, and directing the collection of them, 
 and every question arising thereon, and on the conduct of the 
 officers appointed to execute these laws, and to collect these 
 taxes and duties so various in their kinds, are taken away 
 from the courts of justice of the different states, and confined 
 to the courts of the general government, there to be heard 
 and determined by judges holding their offices under the ap- 
 pointment, not of the states, but of the general government. 
 "Many of the members, and myself in the number, thought 
 that the states were much better judges of the circumstances 
 of their citizens, and what sum of money could be collected 
 from them by direct taxation, and of the manner in which it 
 could be raised with the greatest ease and convenience to 
 
Letters of Centinel. No. XIV. 649 
 
 their citizens, than the general government could be; and 
 that the general government ought not in any case to have 
 the power of laying direct taxes, but in that of the delin- 
 quency of a state. Agreeable to this sentiment, I brought in 
 a proposition on which a vote of the convention was taken. 
 The proposition was as follows: 'And whenever the legislature 
 of the United States shall find it necessary that revenue should 
 be raised by direct taxation, having appointed the same by 
 the above rule, requisitions shall be made of the respective 
 states to pay into the continental treasury their respective 
 quotas within a time in the said requisition to be specified, 
 and in case of any of the states failing to comply with such 
 requisition, then and then only, to have power to devise and 
 pass acts directing the mode and authorizing the collection of 
 the same.' Had this proposition been acceded to, the dan- 
 gerous and oppressive power in the general government of 
 imposing direct taxes on the inhabitants, which it now enjoys 
 in all cases, would have been only vested in it in ca,se of the 
 non-compliance of a state, as a punishment for its delin- 
 quency, and would have ceased that moment that the state 
 complied with the requisition. But the proposition was re- 
 jected by a majority, consistent wilh their aim and desire of 
 increasing the power of the general government as far as pos- 
 sible, and destroying the powers and influence of the states. 
 And though there is a provision that all duties, imposts and 
 excises shall be uniform, that is, to be laid to the same 
 amount on the same articles in each state, yet this will not 
 prevent Congress from having it in their power to cause them 
 to fall very unequal and much heavier on some states than on 
 others, because these duties may be laid on articles but little 
 or not at all used in some states, and of absolute necessity for 
 the use and consumption of others, in which case the first 
 would pay little or no part of the revenue arising therefrom, 
 while the whole or nearly the whole of it would be paid by 
 the last, to wit: The states which use and consume the arti- 
 cles on which the imposts and excises are laid. ' ' 
 
 Another extract, viz: 
 
 "But even this provision, apparently for the security .jaf 
 
650 Letters of Centinel. No. XIV. 
 
 the State governments, inadequate as it is, is entirely left at 
 the mercy of the general government, for by the fourth sec- 
 tion of the first article, it is expressly provided, that the Con- 
 gress shall have a power to make and alter all regulations 
 concerning the time and manner of holding elections for sen- 
 ators — a provision expressly looking forward to, and I have 
 no doubt designed for the utter extinction and abolition of 
 all State governments. Nor will this, I believe, be doubted 
 by any person, when I inform you that some of the warm ad- 
 vocates and patrons of the system in convention, strenuously 
 opposed the choice of the senators by the State legislatures, 
 insisting that the State governments ought not to be intro- 
 duced in any manner so as to be component parts of, or in- 
 struments for, carrying into execution the general govern- 
 ment. Nay, so far were the friends of the system from pre- 
 tending that they meant it or considered it as a federal system, 
 that on the question being proposed, 'that a union of the 
 States merely federal ought to be the sole object of the exer- 
 cise of the powers vested in the convention,' it was negatived 
 by a majority of the members, and it was resolved 'that a 
 national government ought to be formed.' Afterwards the 
 word 'national ' was struck out by them, because they thought 
 the word might tend to alarm; and although now they who 
 advocate the system pretend to call themselves federalists, in 
 convention the distinction was just the reverse: those who 
 opposed the system, were there considered and styled the fed- 
 eral party; those who advocated it, the anti-federal. 
 
 "Viewing it as a national, not a federal government; as 
 calculated and designed not to protect and preserve, but to 
 abolish and annihilate the State governments, it was opposed 
 for the following reasons: — It was said that this continent 
 was much too extensive for one national government, which 
 should have sufficient power and energy to pervade and hold 
 in obedience and subjection all its parts, consistent with the 
 enjoyment and preservation of liberty; that the genius and 
 habits of the people of America were opposed to such a gov- 
 ernment; that during their connection with Great Britain, 
 they had been accustomed to have all their concerns trans- 
 
Letters of Centinel. No. XIV. 651 
 
 acted within a narrow circle — their colonial districts; they 
 had been accustomed to have their seats of government near 
 them, to which they might have access without much incon- 
 venience, when their business should require it; that at this 
 time we find if a county is rather large, the people complain of 
 the inconvenience, and clamor for a division of their county, 
 or for a removal of the place where their courts are held, so 
 as to render it more central and convenient; that in those 
 States, the territory of which is extensive, as soon as the 
 population increases remote from the seat of government, the 
 inhabitants are urgent for a removal of the seat of their gov- 
 ernment, or to be erected into a new State. As a proof of 
 this, the inhabitants of the western parts of Virginia and 
 North Carolina, of Vermont and the province of Maine, were 
 instances; even the inhabitants of the western parts of Penn- 
 sylvania, who it was said already seriously look forward to 
 the time when they shall either be erected into a new State, 
 or have their seat of government removed to the Susque- 
 hanna. If the inhabitants of the different States consider it 
 as a grievance to attend a county court, or the seat of their 
 own government, when a little inconvenient, can it be sup- 
 posed they would ever submit to have a national government 
 established, the seat of which would be more than a thousand 
 miles removed from some of them? It was insisted that gov- 
 ernments of a republican nature are those best calculated to 
 preserve the freedom and happiness of the citizen; that gov- 
 ernments of this kind are only calculated for a territory but 
 small in its extent; that the only method by which an exten- 
 sive continent like America could be connected and united 
 together consistent with the principles of freedom, must be 
 by having a number of strong and energetic State govern- 
 ments for securing and protecting the rights of the individ- 
 uals forming those governments, and for regulating all their 
 concerns, and a strong, energetic federal government over 
 those States for the protection and preservation, and for regu- 
 lating the common concerns of the States; it was further in- 
 sisted, that even if it was possible to effect a total abolition 
 of the State governments at thi's time, and to establish one 
 
652 Letters of Centinel. No. XIV. 
 
 general government over the people of America, it could not 
 long subsist, but in a little time would again be broken into 
 a variety of governments of a smaller extent, similar in some 
 manner to the present situation of this continent: the princi- 
 pal difference in all probability would be that the govern- 
 ments, so established, being effected by some violent convul- 
 sions, might not be formed on principles so favorable to lib- 
 erty as those of our present State governments; that this 
 ought to be an important consideration to such of the states 
 who had excellent governments, which was the case with 
 Maryland and most others, whatever it might be to persons 
 who, disapproving of their particular State government, 
 would be willing to hazard everything to overturn and de- 
 stroy it. These reasons, sir, influenced me to vote against 
 two branches in the legislature, and against every part of the 
 system which was repugnant to the principles of a federal 
 government. Nor was there a single argument urged, or 
 reason assigned, which to my mind was satisfactory, to prove 
 that a good government on federal principles was unattain- 
 able — the whole of their arguments only proving, what none 
 of us controverted, that oiir federal government as originally 
 formed was defective, and wanted amendment. However, a 
 majority of the convention hastily and inconsiderately, with- 
 out condescending to make a fair trial, in their great wisdom, 
 decided that a kind of government which a Montesquieu and 
 a Price have declared the best calculated of any to preserve 
 internal liberty, and to enjoy external strength and security, 
 and the only one by which a large continent can be connected 
 and united consistent with the principles of liberty, was 
 totally impracticable, and they acted accordingly. ' ' 
 
 After such information, what are we to think of the declar- 
 ations of Mr. Wilson, who assured our state convention that 
 it was neither the intention of the authors of the new consti- 
 tution, nor its tendency, to establish a consolidated or national 
 government, founded upon the destruction of the State govern- 
 ments, that such could not have been the design of the general 
 convention he said was certain, because the testimony of ex- 
 perience, the opinions of the most celebrated writers, and the 
 
Letters of Centinel. No. XIV. 653 
 
 nature of the case demonstrated in the clearest manner that 
 so extensive a territory as these United States include could 
 not be governed by any other mode than a confederacy of re- 
 publics consistent with the principles of freedom, and that 
 their own conviction was that nothing short of the supremacy 
 of despotism could connect and bind together this country 
 under one government? Has any one a doubt now re- 
 maining of the guilt of the conspirators! 
 
 The O rs of the P — t O — ce, fearful of the consequences 
 
 of their conduct, are taking measures to invalidate the charge 
 made against them. As this is a matter of the highest im- 
 portance to the public, it will be necessary to state the charge 
 and the evidence. In two of my former numbers, I asserted 
 that the patriotic newspapers of this city and that of New 
 York miscarried in their passage, whilst the vehicles of des- 
 potism, meaning those newspapers in favor of the new con- 
 stitution, passed as usual; and it was particularly asserted 
 that the patriotic essays of Brutus, Cincinnatus, Cato, etc., 
 published at New York, were withheld during the greatest 
 part of the time that our state convention sat; and in a late 
 number, I further asserted that since the late arrangement at 
 the P — t O — ce, scarcely a newspaper was suffered to pass by 
 the usual conveyance, and for the truth of this last charge I 
 appealed to the printers; however, I understand this last is 
 not denied or controverted. When the dependence of the 
 printers on the P — t O — ce is considered, the injury they may 
 sustain by incurring the displeasure of these of — ^rs, and when 
 to this is added that of the complexion of the printers in re- 
 spect to the new constitution, that most of them are zealous 
 in prompting its advancement, it can scarcely be expected 
 that they would volunteer it against the P — t O — rs, or refuse 
 their names to a certificate exculpating the o — rs ; accordingly 
 we find that most of the printers have signed a certificate that 
 the newspapers arrived as usual prior to the first of January, 
 when the new arrangement took place; however, the printer 
 of the Freeman's Journal when applied to, had the spirit to 
 refuse his name to the establishment of a falsehood, and upon 
 being called upon to specify the missing papers, particularly 
 
ScA Letters of Centinel. No. XIV. 
 
 during the sitting of the State convention, he pointed out and 
 offered to give a list of a considerable number, instancing no 
 less than seven successive Greenleaf's patriotic New York 
 papers, besides others occasionally withheld from him; Colo- 
 nel Oswald was out of town when his family was applied to, 
 or, I have no doubt, he would have observed a similar con- 
 duct. But there is a fact that will invalidate any certificate 
 that can be procured on this occasion, and is alone demon- 
 strative of the suppression of the patriotic newspapers. The 
 opponents to the new constitution in this state were anxious 
 to avail themselves of the well-written essays of the New 
 York patriots, such as Brutus, Cincinnatus, Cato, etc., and 
 with that view were attentive to have them republished here 
 as soon as they came to hand, and especially during the sit- 
 ting of our state couvention, when they would have been the 
 most useful to the cause of liberty by operating on the mem- 
 bers of that convention ; a recurrence to the free papers of this 
 city at that period, will show a great chasm in these republi- 
 cations, owing to the miscarriage of Greenleaf's New York 
 papers. Agreeable to my assertions it will appear that for the 
 greatest part of the time that our state convention sat, scarcely 
 any of the number of Brutus, Cincinnatus, Cato, etc. , were re- 
 published in this city ; the fifth number of Cincinnatus, that 
 contained very material information about the finances of the 
 union, which strikes at some of the principal arguments in 
 favor of the new constitution, which was published at New 
 York the 29th November, was not republished here until the 
 15th December following, two or three days after the conven- 
 tion rose, and so of most of the other numbers of this and the 
 other signatures; so great was the desire of the opponents here 
 to republish them, that the fourth number of Cincinnatus was 
 republished so lately as in Mr. Bailey's last paper, which with 
 other missing numbers were procured by private hands from 
 New York, and in two or three instances, irregular numbers 
 were republished. The new arrangement at the P — t O — ce, 
 novel in its nature, and peculiarly injurious by the suppres- 
 sion of information at this great crisis of public affairs, is a 
 circumstance highly presumptive of the truth of the other 
 charge. Centinel. 
 
Letters of Centinel. No. XV. 655 
 
 Centinei., No. XV.* 
 To the People of Pennsylvania. Fellow Citizens. 
 
 There are few of the maxims or opinions we hold, that are 
 the result of our own investigation or observation, and even 
 those we adopt from others are seldom on a conviction of 
 their truth or propriety, but from the fascination of example 
 and the influence of what is or appears to be the general 
 sentiment. The science of government being the most ab- 
 struse and unobvious of all others, mankind are more liable 
 to be imposed upon by the artful and designing in systems 
 and regulations of government, than on any other subject: 
 hence a jealousy of innovation confirmed by uniform exper- 
 ience prevails in most communities; this reluctance to 
 change has been found to be the greatest security of free 
 governments, and the principal bulwark of liberty; for the 
 aspiring and ever-restless spirit of ambition would otherwise, 
 by her deceptive wiles and ensnaring glosses, triumph over 
 the freest and most enlightened people. It is the peculiar 
 misfortune of the people of these United States, at this awful 
 crisis of public affairs, to have lost this useful, this absolutely 
 necessary jealousy of innovation in government, and thereby 
 to lie at the mercy and be exposed to all the artifices of am- 
 bition, without this usual shield to protect them from imposi- 
 tion. The conspirators, well aware of their advantage, have 
 seized the favorable moment, and by the most unparalleled 
 arts of deception, have obtained the sanction of the conven- 
 tions of several states to the most tyrannic system of govern- 
 ment ever projected. 
 
 The magic of great names, the delusion of falsehood, the 
 suppression of information, precipitation and fraud have been 
 the instruments of this partial success, the pillars whereon 
 the structure of tyranny has been so far raised. Those influ- 
 ential vehicles, the newspapers, with few exceptions, have 
 been devoted to the cause of despotism, and by the subser- 
 viency of the P O , the usefulness of the patriotic 
 
 *Froni "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Feb. 22, 1788. 
 
656 Letters of Centinel. No. XV. 
 
 newspapers lias been confined to the places of their publica- 
 tion, whilst falsehood and deception have had universal cir- 
 culation, without the opportunity of refutation. The feigned 
 unanimity of one part of America, has been represented to 
 produce the acquiescence of another, and so mutally to im- 
 pose upon the whole by the force of example. 
 
 The adoption of the new constitution by the convention 
 of the state of Massachusetts, by a majority of nineteen out 
 of near four hundred members, and that too qualified by a 
 number of propositions of amendment, cannot aflFord the 
 conspirators much cause for triumph, and especially when all 
 the circumstances under which it has been obtained are con- 
 sidered. The late alarming disorders which distracted that 
 state, and even threatened subversion of all order and gov- 
 ernment, and were with difl[iculty suppressed, occasioned the 
 greatest consternation among all men of property and rank. 
 In this disposition even the most high-toned and arbitrary 
 government became desirable as a security against licentious- 
 ness and agrarian laws; consequently the new constitution 
 was embraced with eagerness by men of these descriptions, 
 who in every community form a powerful interest, and, added 
 to the conspirators, office hunters, etc., etc., made a formid- 
 able and numerous party in favor of the new constitution. 
 The elections of the members of convention were, moreover, 
 made in the first moments of blind enthusiasm, when every 
 artifice was practiced to prejudice the people against all those 
 who had the enlightened patriotism to oppose this system of 
 tyranny. Thus was almost every man of real ability, who 
 was in opposition, excluded from a seat in this convention. 
 Consequently the contest was very unequal: well-meaning 
 though uninformed men were opposed to great learning, elo- 
 quence, and sophistry, in the shape of lawyers, doctors, and 
 divines, who were capable and seemed disposed to delude by 
 deceptive glosses and specious reasoning. Indeed, from the 
 specimens we have seen of the discussion on this occasion, 
 every enlightened patriot must regret that the cause of liberty 
 has been so weakly although zealously advocated — that its 
 champions were so little illuminated. In addition to these 
 
Letters of Centinel. No. XVI. 657 
 
 numerous advantages in the convention, the friends of the 
 new constitution had the weight and influence of the town 
 of Boston to second their endeavors, and yet, notwithstand- 
 ing all this, were near losing the question, although delu- 
 sively qualified. Is this any evidence of the excellency of 
 the new constitution? Certainly not. Nor can it have any 
 influence in inducing the remaining states to accede. They 
 will examine and judge for themselves, and from their wis- 
 dom in taking due time for deliberation, I have no doubt will 
 prove the salvation of the liberties of the United States, 
 
 CenTinBL. 
 Philadelphia, February 20th, 1788. 
 
 Centinel, No. XVI.* 
 
 To the People of Pennsylvania. Fellow Citizens. 
 
 The new constitution, instead of being the panacea or cure 
 of every grievance so delusively represented by its advocates, 
 will be found upon examination like Pandora's box, replete 
 with every evil. The most specious clauses of this system of 
 ambition and iniquity contain latent mischief, and pre- 
 meditated villainy. By section 9th of the ist article, "No 
 ex post facto law shall be passed." This sounds very well 
 upon a superficial consideration, and I dare say has been read 
 by most people with approbation. Government undoubtedly 
 ought to avoid retrospective laws as far as may be, as they 
 are generally injurious and fraudulent: yet there are occa- 
 sions when such laws are not only just but highly requisite. 
 An ex post facto law is a law made after the fact, so that the 
 Congress under the new constitution are precluded from all 
 control over transactions prior to its establishment. This 
 prohibition would screen the numerous public defaulters, as 
 no measure could be constitutionally taken to compel them to 
 render an account and restore the public moneys; the unac- 
 counted millions lying in their hands would become their 
 private property. Hitherto these characters from their great 
 weight and numbers have had the influence to prevent an in- 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Feb. 26, 178S. 
 42 
 
6c8 Letters of Centinel. No. XVI. 
 
 vestigation of their accounts; but if this constitution be estab- 
 lished, they may set the public at defiance, as they would be 
 completely exonerated of all demands of the United States 
 against them. This is not a straiiied construction of this 
 section, but the proper evident meaning of the words, which 
 not even the ingenuity or sophistry of the Caledonian can 
 disguise from the meanest capacity. However if this matter 
 admitted of any doubt, it would be removed by the following 
 consideration, viz. , tliat the new constitution is founded upon 
 a dissolution of the present articles of confederation and is an 
 original compact between those states, or rather those indivi- 
 duals, who accede to it; consequently all contracts, debts and 
 engagements in favor or against the United States, under the 
 old government, are cancelled unless they are provided for in 
 the new constitution. The framers of this constitution ap- 
 pear to have been aware of such consequence by stipulating 
 in article 6th, that all debts contracted, and engagements 
 entered into before the adoption of this constitution- shall be 
 valid against the United States under the new constitution, 
 but there is no provision that the debts, etc., due to the 
 United States, shall be valid or recoverable. This is a strik- 
 ing omission, and must have been designed, as debts of the 
 latter description would naturally occur and claim equal at- 
 tention with the former. This, article implied, cancels all 
 debts due to the United States prior to the establishment of 
 the new constitution. If equal provision had been made for 
 the debts due to the United States, as against the United 
 States, the ex post facto clause would not have so pernicious 
 an operation. 
 
 The immaculate convention that is said to have possessed 
 the fullness of patriotism, wisdom and virtue, contained a 
 number of the principal public defaulters; and these were the 
 most influential members and chiefly instrumental in the 
 framing of the new constitution. There were several of this 
 description in the deputation from the state of Pennsylvania, 
 who have long standing and immense accounts to settle, and 
 MILLIONS perhaps to refund. The late Financier alone, in 
 the capacity of chairman of the commercial committee of 
 
Letters of Centinel. No. XVI. 659 
 
 Congress, early in the late war, was entrusted with millions of 
 public money, which to this day remain unaccounted for, nor 
 has he settled his accounts as Financier. The others may also 
 find it a convenient method to balance accounts with the pub- 
 lic; they are sufficiently known and therefore need not be 
 designated. This will account for the zealous attachment of 
 such characters to the new constitution and their dread of in- 
 vestigation and discussion. It may be said that the new Con- 
 gress would rather break through the constitution than sufier 
 the public to be defrauded of so much treasure, when the bur- 
 thens and distresses of the people are so very great; but this 
 is not to be expected from the characters of which that Con- 
 gress would in all probability be composed, if we may judge 
 from the predominant influence and interest these defaulters 
 now possess in many of the states. Besides, should Congress 
 be disposed to violate the fundamental articles of the consti- 
 tution for the sake of public justice, they would be prevented 
 in so doing by their oaths, * but even if this should not prove 
 an obstacle, if it can be supposed that any set of men would 
 perjure themselves for the public good, and combat an host 
 of enemies on such terms, still it would be of no avail, as there 
 is a further barrier interposed between the public and these 
 defaulters, namely, the supreme court of the union, whose 
 province it would be to determine the constitutionality of any 
 law that may be controverted; and supposing no bribery or 
 corrupt influence practiced on the bench of judges, it would 
 be their sworn duty to refuse their sanction to laws made in 
 the face and contrary to the letter and spirit of the constitu- 
 tion, as any law to compel the settlement of accounts and 
 payment of moneys depending and due under the old confed- 
 eration would be. The ist section of 3d article gives the 
 
 ♦Article VI. "The senators and representatives before mentioned and 
 the members of the several state legislatures, and all executive and judicial 
 officers, both of the United States and of the several states, shall be bound 
 by oath to support this constitution." Were ever public defaulters so effec- 
 tually screened! Not only the administrators of the general government, 
 but also of the state governments, are prevented by oath from doing justice 
 to the public; and the legislature of Pennsylvania could not without perjury 
 insist upon the delinquent states discharging their arrears. 
 
66o Letters of Centinel. No. XVII. 
 
 supreme court cognizance of not only thd laws, but of all cases 
 arising under the constitution, which empowers this tribunal 
 to decide upon the construction of thfe constitution itself in 
 the last resort. This is so extraordinary, so unprecedented 
 an authority that the intention in vesting of it must have 
 been to put it out of the power of Congress, even by breaking 
 through the constitution, to compel these defaulters to restore 
 the public treasure. 
 
 In the present circumstances these sections of the new con- 
 stitution would be also productive of great injustice between 
 the respective states; the delinquent states would be exoner- 
 ated from all existing demands against them on account of 
 the great arrearages of former requisitions, as they could not 
 be constitutionally compelled to discharge them. And as the 
 majority of the states are in this predicament, and have an 
 equal voice in the senate, it would be their interest, and in 
 their power by not only the constitution, but by a superiority 
 of votes, to prevent the levying of such arrearages. Besides 
 the constitution, moreover, declares that all taxes, etc., shall 
 be uniform throughout the United States, which is an ad- 
 ditional obstacle against noticing them. 
 
 The , state of Pennsylvania in such cases would have no 
 credit for her extraordinary exertions and punctuality hereto- 
 fore; but would be taxed equally with those states which for 
 years past have not contributed anything to the common ex- 
 penses of the union; indeed, some of the states have paid 
 nothing since the revolution. Centinel. 
 
 Philadelphia, 23d February, 1788. 
 
 Centinei,, No. XVII.* 
 To the People of Pennsylvania. Fellow Citizens. 
 
 In my last number I exposed the villainous intention of 
 the framers of the new constitution, to defraud the public out 
 of the millions lying in the hands of individuals by the con- 
 struction of this system, which would, if established, cancel 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Marcii 24, 1788. 
 
Letters ofCentinel. No. XVII. 66 1 
 
 all debts now due to the United States. I also showed that 
 thereby the delinquent states would be exonerated of all 
 arrearages due by them on former requisitions of Congress; 
 and to prove that the cancelling of all public dues was pre- 
 meditated in regard to individuals, I stated that the general 
 convention contained a number of the principal public 
 defaulters, and that these were the most influential members, 
 and chiefly instrumental in framing the new constitution: 
 in answer to which, the conspirators have, by bold assertions, 
 spurious vouchers, and insufiicient certificates, endeavored to 
 exculpate one member, and to alleviate the weight of the 
 charge of delinquency against another. In the face of a re- 
 solution of Congress of the 20th June, 1785, declaring their 
 intention of appointing three commissioners, to settle and ad- 
 just the receipts and expenditures of the late financier, the 
 conspirators have asserted that his accounts were finally 
 settled in November, 1784, for which they pretend to have 
 vouchers, and by a pompous display of certain resolutions of 
 Congress, respecting a particular charge of fraud against him, 
 as commercial agent to the United States, they vainly hope 
 to divert the public attention from his great delinquency, in 
 never accounting for the millions of public money entrusted 
 to him in that line. When we consider the immense sums 
 
 of money taken up by Mr. M sf as commercial agent, to 
 
 import military supplies, and even to trade in behalf of the 
 United States, at a time when the risk was so great, that in- 
 dividuals would not venture their property; that all these 
 
 transactions were conducted under the private firm of W g 
 
 and M , which afforded unrestrained scope to peculation 
 
 and embezzlement of the public property, by enabling Mr. 
 
 M s to throw the loss of all captures by the enemy, at 
 
 that hazardous period, on the public, and converting most of 
 the safe arrivals (which were consequently very valuable) in- 
 to his private property; and when we add to these considera- 
 tions the principles of the man, his bankrupt situation at the 
 commencement of the late war, and the immense wealth he 
 has dazzled the world with since, can it be thought unreason- 
 able to conclude, that the principal source of his afiluence 
 
 * See Append'x. 
 
662 Letters of Centinel. No. XVII. 
 
 was the commercial agency of the United States, during the 
 war? — not that I would derogate from his successful ingenuity 
 in his numerous speculations in the paper moneys, Havannah 
 monopoly and job, or in the sphere of financiering. * 
 
 The certificate published in behalf of general M-fll-n, the 
 quartermaster gen — 1, will not satisfy a discerning public, or 
 acquit him of the charge of delinquency, as this certificate was 
 procured to serve an electionering purpose, upon a superficial 
 and hasty inspection of his general account, unchecked by 
 the accounts of his deputies, whose receipts and expenditures 
 had not been examined, and consequently, by errors, collusion 
 between him and them, or otherwise g 1 M-fil-n may re- 
 tain a large balance in his hands ; in such case a quietus may 
 have been thought expedient to continue his afiiuence. 
 
 For the honor of human nature, I wish to draw a veil over 
 the situation and conduct of another weighty character, whose 
 name has given a false lustre to the new constitution, and 
 been the occasion of sullying the laurels of a Washington^ by 
 inducing him to acquiesce in a system of despotism and vil- 
 lainy, at which enlightened patriotism shudders. 
 
 The discovery of the intended fraud, which for magnitude 
 and audacity is unparalleled, must open the eyes of the de- 
 luded to the true character and principles of the men who had 
 assumed the garb of patriotism with an insidious design of 
 enslaving and robbing their fellow citizens, of establishing 
 those odious distinctions between the well-born and the great 
 body of the people, of degrading the latter to the level of 
 slaves and elevating the former to the rank of nobility. 
 
 The citizens of this state, which is in advance in its pay- 
 ments to the federal treasury, whilst some of the others have 
 not paid a farthing since the war, ought in a peculiar manner 
 to resent the intended imposition and make its authors expe- 
 rience their just resentment; it is incumbent upon them in a 
 particular manner to exert themselves to frustrate the meas- 
 ures of the conspirators, and set an example to those parts of 
 the union who have not enjoyed the blessing of a free press 
 on this occasion, but are still enveloped in the darkness of 
 delusion, and enthralled by the fascination of names. 
 * See Appendix. 
 
THOMAS MIFFLIN, 
 Nat. 1744 -Ob. 1800. 
 
 Jfhm ma ahfmail ^tai/Mtf in t^jhwsatsum' af^laxJ.! 
 
Letters of Centinel. No. XVII. 663 
 
 Could it have been supposed seven years ago, that, before 
 the wounds received in the late conflict for liberty were 
 scarcely healed, a postmaster-general and his deputies would 
 have had the daring presumption to convert an establishment 
 intended to promote and secure the public welfare into an 
 engine of despotism, by suppressing all those newspapers that 
 contain the essays of patriotism and real intelligence, and 
 propagating instead thereof falsehoods and delusion? Such 
 a supposition at that time would have been treated as chi- 
 merical; but how must our indignation rise when we find 
 this flagitious practice is persevered in, after being publicly 
 detected ! Must not the bribe from the conspirators be very 
 great to compensate the postmaster-general and his deputies 
 for the loss of character and infamy consequent upon such 
 conduct, and for the danger they incur of being impeached 
 and turned out of office? 
 
 The scurrilous attack of the little Fiddler upon Mr. Work- 
 man of the university, on a suspicion, perhaps unfounded, of 
 his being the author of a series of essays under the signature 
 of Philadelphiensis^ is characteristic of the man. He has ever 
 been the base parasite and tool of the wealthy and great, at 
 the expense of truth, honor, friendship, treachery to bene- 
 factors — nay, to the nearest relatives : all have been sacrificed 
 by him at the shrine of the great. He ought, however, to 
 have avoided a contrast with so worthy and highly respected 
 a character as Mr. Workman, who had an equal right with 
 himself to offer his sentiments on the new constitution; and 
 if he viewed it as a system of despotism, and had talents to 
 unfold its nature and tendency, he deserves the thanks of 
 every patriotic American, if he has exerted them under the 
 character of Philadelphiensis. His not being above four 
 years in the country can be no objection. The celebrated 
 Thomas Paine wrote his Common Sense before he had been 
 two years in America, which was not the less useful or ac- 
 ceptable upon that account. The public have nothing to do 
 with the author of a piece: it is the merits of the writing that 
 are alone to be considered. Mr. Workman, prior to his com- 
 ing to America, was a professor in an eminent academy in 
 
664 Letters of Centinel. No. XVIII. 
 
 Dublin. Little Francis should have been cautious in giving 
 provocation, for insignificance alone could have preserved 
 him the smallest remnant of character. I hope he will take 
 the hint, or such a scene will be laid open as will disgrace 
 even his patrons; the suit of clothes, and the quarter cask of 
 wine, will not be forgot. CentineL. 
 
 Philadelphia, March 19th, 1788. 
 
 Centinei,, No. XVIII.* 
 
 To the People of Pennsylvania. Fellow Citisens. 
 
 The measures that are pursuing to effect the establishment 
 of the new constitution, are so repugnant to truth, honor, 
 and the well-being of society, as would ' disgrace any cause. 
 If the nature and tendency of this system were to be judged 
 of by the conduct of its framers and patrons, what a picture 
 of ambition and villainy would present itself to our view! 
 From the specimens they have already given, anticipation 
 may easily realize the consequences that would flow from the 
 new constitution, if established; we may bid adieu to all the 
 blessings of liberty, to all the fruits of the late glorious asser- 
 tion of the rights of human nature, made at the expense of 
 so much blood and treasure. Yet such is the infatuation of 
 many well meaning persons, that they view with indifference 
 the atrocious villainy which characterizes the proceedings 
 of the advocates of the new system. The daring, and in 
 most parts of the United States, the successful methods prac- 
 tised to shackle the press, and destroy the freedom of discus- 
 sion, the silencing the Pennsylvania Herald, to prevent the 
 publication of the invaluable debates of the late convention 
 of this state; the total suppression of real intelligence, and of 
 the illuminations of patriotism, through the medium of the 
 post-office; the systematic fraud and deception that pervade 
 the union; the stigmatizing, and by every art which ambi- 
 tion and malice can suggest, laboring to villify, intimidate 
 and trample under foot every disinterested patriot who, per- 
 
 *From "Tlie Independent Gazetteer; or, The Chronicle of Freedom," 
 April 9, 1788. 
 
Letters of Centinel. No. XVIII. 665 
 
 ferring his country's good to every other consideration, has 
 the courage to stand forth the champion of liberty and the 
 people; and the intercepting of private confidential letters 
 passing from man to man, violating the sacredness of a seal, 
 and thus infringing one of the first privileges of freemen — 
 that of communicating with each other: I say all these are 
 overlooked by the infatuated admirers of the new system, 
 who, deluded by \h^ phantom of wealth and prosperity, pro- 
 fit not by the admonitory lesson which such proceedings 
 afibrd, are deaf to the calls of patriotism, and would rush 
 blindly into the noose of ambition. 
 
 However, to the honor of Pennsylvania, a very large 
 majority of her citizens view the subject in its true light, and 
 spurn the shackles prepared for them, They will in due 
 time convince the aspiring despots and avaricious oifice-hun- 
 ters, that their dark intrigues, and deep concerted schemes 
 of power and aggrandizement, are ineffectual ; that they are 
 neither to be duped nor dragooned out of their liberties. 
 The conspirators, I know, insolently boast that their strength 
 in the other states will enable them to crush the opposition 
 in this; but let them not build upon that which is in its 
 nature precarious and transient, which must fail them the 
 moment the delusion is dispelled. Their success in the other 
 states is the fruit of deceptions that cannot be long supported. 
 Indeed, the audacity and villainy of the conspirators on the 
 one hand, and the frantic enthusiasm and easy credulity of 
 the people on the other, in some of the states, however well 
 attested and recorded in the faithful page of history, will be 
 treated by posterity as fabulous. 
 
 The great artifice that is played off on this occasion, is the 
 persuading the people of one place, that the people every- 
 where else are nearly unanimous in favor of the new system, 
 and thus endeavoring by the fascination of example and 
 force of general opinion to prevail upon the people every 
 where to acquiesce in what is represented to them as the gen- 
 eral sentiment. 
 
 Thus as one means of deception has failed them, they have 
 adopted another, always avoiding rational discussion. When 
 
666 Letters of Centinel. No. XVIII. 
 
 the glare of great names, the dread of annihilation if the new 
 system was rejected or the adoption of it even delayed, were 
 dissipated by the artillery of truth and reason ; they have re- 
 curred to the one now practising, the intimidating and im- 
 posing influence of imaginary numbers and unanimity that 
 are continually reverberated from every part of the union, by 
 the tools and vehicles of the would-be despots ; and in which 
 they have had astonishing success. The people in the Bast- 
 ern States have been taught to believe that it is all harmony 
 to the Southward; and in the Southern States they are dis- 
 couraged from opposition by the unanimity of the Eastern 
 and Northern States; nay, what will appear incredible, con- 
 sidering the distance, a gentleman of veracity just returned 
 from New York, assures that the conspirators have had the 
 address to inculcate an opinion there that all opposition had 
 ceased in this state, notwithstanding the evidence of the con- 
 trary is so glaring here; this gentleman further informs, that 
 so entirely devoted is the post-of5ce, that not a single news- 
 paper is received by the printers of that place from this city 
 or elsewhere; and a Boston newspaper, come by private hand, 
 announces to the public, that for some months past, the 
 printers there have received no newspapers to the Southward 
 of New Haven, in Connecticut, where the press is muzzled, 
 and consequently cannot injure the cause; that all intelli- 
 gence of the occurrences in the other States is withheld from 
 them; and that they know more of the state of Europe, than 
 of their own country. 
 
 Notwithstanding many thousand copies of the Reasons of 
 Dissent of the minority of the late convention of this state 
 were printed and forwarded in every direction, and by various 
 conveyances, scarcely any of these got beyond the limits of 
 this state, and most of them not until a long time after their 
 publication. The printer of these Reasons, by particular de- 
 sire, addressed a copy of them to every printer in the union, 
 which he sent to the Post Office to be conveyed in the mail 
 as usual, long before the new arrangement., as it is called, 
 took place; and yet we since find that none of them reached 
 the place of their destination. This is a full demonstration 
 
Letters of Centinel. No. XVIII. 667 
 
 of the subserviency of the Post Office, and a striking evidence 
 of the vigilance that has been exerted to suppress information. 
 It is greatly to be regretted that the opposition in Massachu- 
 setts were denied the benefits of our discussion that the un- 
 answerable dissent of our minority did not reach Boston in 
 time to influence the decision of the great question by their 
 convention as it would in all probability have enabled patriot- 
 ism to triumph; not that I would derogate from the good 
 sense and public spirit of that state, which I have no doubt 
 would in common circumstances have shone with equal splen- 
 dor, but this was far from being the case; the new constitution 
 was viewed in Massachusetts through the medium of a Shays, 
 the terrors of his insurrection had not subsided; a government 
 that would have been execrated at another time was embraced 
 by many as a refuge from anarchy, and thus liberty deformed 
 by mad riot and dissention, lost her ablest advocates. 
 
 As the liberties of all the states in the union are struck at 
 in common with those of Pennsylvania, by the conduct of 
 the Post Master General and deputies, I trust that the example 
 which her I^egislature * has set by instructing her delegates 
 in Congress on this subject, will be followed by the others, 
 that with one accord they will hurl their vengeance on the 
 venal instruments of ambition, who have presumed to pros- 
 trate one of the principal bulwarks of liberty. In a confed- 
 erated government of such extent as the United States, the 
 freest communication of sentiment and information should 
 be maintained, as the liberties, happiness and welfare of the 
 union depend upon a concert of counsels ; the signals of alarm 
 whenever ambition should rear its baneful head, ought to be 
 uniform. Without this communication between the members 
 of the confederacy the freedom of the press, if it could be 
 maintained in so severed a situation, would cease to be a 
 security against the encroachments of tyranny. The truth of 
 the foregoing position is strikingly illustrated on the present 
 occasion ; for want of this intercommunity of sentiment and 
 information, the liberties of this country are brought to an 
 
 * The application to Congress from our Legislature was made upon the 
 complaint of all the printers of newspapers in the city of Philadelphia. 
 
668 Letters of Centinel. No. XVIII. 
 
 awful crisis; ambition has made a great stride towards domin- 
 ion, has succeeded through the medium of muzzled presses 
 to delude a great body of the people in the other states, and 
 threatens to overwhelm the enlightened opposition in this by 
 external force. Here, indeed, notwithstanding every nerve 
 was strained by the conspirators, to muzzle or demolish every 
 newspaper that allowed free discussion, two printers have 
 asserted the independency of the press, whereby the arts of 
 ambition have been detected, and the new system has been 
 portrayed in its native villainy; its advocates have long since 
 abandoned the field of argument, relinquished the unequal 
 contest, and truth and patriotism reign triumphant in this 
 state; but the conspirators trust to their success in the other 
 states for the attainment of their darling object, and therefore 
 all their vigilance' is exerted to prevent the infectious spirit 
 of freedom and enlightened patriotism communicating to the 
 rest of the union — all intercourse is as far as possible cut off. 
 To rectify the erroneous representation made in the other 
 states of the sentiments of the people in this respecting the 
 new constitution, I think it my duty to state the fact as it 
 really is. — Those who favor this system of tyranny are most 
 numerous in the city of Philadelphia, where perhaps they 
 may be a considerable majority. In the most eastern coun- 
 ties they compose about oue-fourth of the people, but in the 
 middle, northern and western counties not above a twentieth 
 part, so that upon the whole the friends to the new constitu- 
 tion in this state are about one-sixth of the people. The fol- 
 lowing circumstance is an evidence of the spirit and decision 
 of the opposition. — An individual, unadvisedly and without 
 concert, and contrary to the system of conduct generally 
 agreed upon, went to the expense of printing and circulating 
 an address to the legislature, reprobating in the strongest 
 terms the new constitution, and praying that the deputies of 
 this state in the federal convention, who in violation of their 
 duty acceded to the new constitution, be called to account 
 for their daring procedure. This address, or petition, was 
 signed by upwards of four thousand citizens in only two 
 counties, viz., Franklin and Cumberland; and if the time 
 
Lcllers of Ccntinel. No. XVI IT. 669 
 
 liad admitted, prior to the adjournment of the legislature, 
 there is reason to believe that this high-toned application 
 would have been subscribed by five-sixth of the freemen of 
 this state. The advocates of the new constitution, availing 
 themselves of this partial measure of two counties, have as- 
 serted it to be the result of a general exertion, which is so 
 evidently false that it can only deceive people at a distance 
 from us, for the counties over the mountain are nearly unani- 
 mous in the opposition. In Fayette at a numerous county 
 meeting, there appeared to be but two persons in favor of the 
 constitution ; in Bedford county, in the mountains, there are 
 not above twenty; in Huntingdon adjoining, about 30; in 
 Dauphin, in the middle countr)', not 100; in Berks, a large 
 eastern county that has near 5,000 taxable inhabitants, not 
 more than 50, and so of several others, and yet no petitions 
 were circulated or signed in these counties. The system of 
 conduct alluded to is the forming societies in every county in 
 the state, who have committees of correspondence. These 
 are now engaged in planning a uniform exertion to emanci- 
 pate this state from the thraldom of despotism. A convention 
 of deputies from every district will in all probability be agreed 
 upon as the most eligible mode of combining the strength of 
 the opposition, which is increasing daily both in numbers 
 and spirit. 
 
 The Centinel, supported by the dignity of the cause he ad- 
 vocates, and sensible that his well-meant endeavors have 
 met the approbation of the community, views with ineffable 
 contempt the impotent efforts of disappointed ambition to de- 
 preciate his merit and stigmatize his performances, and with- 
 out pretending to the spirit of divination, he thinks he may 
 predict that the period is not far distant when the authors 
 and wilful abettors of the new constitution will be viewed 
 with detestation by every good man, whilst the Centinels of 
 the present day will be honored with the esteem and confi- 
 dence of a grateful people. 
 
 Great pains have been taken to discover the author of these 
 papers, with a view, no doubt, to villify his private charac- 
 ter, and thereby lessen the usefulness of his writings, and 
 
670 Letters of Centinel. No. XIX. 
 
 many suppose they have made the discovery, but in this they 
 are mistaken. The Centinel submits his performances to the 
 public judgment, and challenges fair argumentation ; the in- 
 formation he has given from time to time, has stood the test 
 of the severest scrutiny, and thus his reputation as a writer, 
 is established beyond the injury of his enemies. If it were 
 in the least material to the argument or answered any one 
 good purpose, he would not hesitate a moment in using his 
 own signature; as it would not, but on the contrary, point 
 where the shafts of malice could be levelled with most effect, 
 and thus divert the public attention from the proper object, 
 to a personal altercation, he from the first determined that the 
 prying eye of party or curiosity should never be gratified 
 with his real name, and to that end to be the sole depository 
 of the secret. He has been thus explicit to prevent the repe- 
 tition of the weakness of declaring off, when charged with 
 being the author, and to put the matter upon its true footing; 
 however, it may flatter his vanity, that these papers should 
 be ascribed to an illustrious patriot, whose public spirit and 
 undaunted firmness of mind, eclipse the most shining orna- 
 ments of the Roman commonwealth, in its greatest purity 
 and glory whose persevering exertions for the public welfare, 
 have endeared him to his country, whilst it has made every 
 knave and aspiring despot, his inveterate enemy, and who 
 has never condescended to deny any writings that have been 
 ascribed to him, or to notice the railings of party. 
 
 Centinel. 
 Philadelphia, April 5th, 1788. 
 
 Centinei, No. XIX.* 
 
 To the People of Pennsylvania. Friends, Countrymen 
 and Fellow Citizens. 
 
 When I last addressed you on the subject of the new con- 
 stitution, I had not a doubt of its rejection. The baneful 
 nature and tendency of this system of ambition had been so 
 fully exposed that its most zealous advocates were constrained 
 
 * "Independent Gazetteer; or, The Chronicle of Freedom;' Oct. 7, 1788. 
 
Letters of Centinel. No. XIX. 671 
 
 to acknowledge many imperfections and dangers,- and seem- 
 ingly to acquiesce in the necessity of amendments. How- 
 ever, by the time this general conviction had taken place in 
 the minds of the people, so many states had adopted the con- 
 stitution and the public anxiety was so great to have an 
 eiEcient government that the votaries of power and ambition 
 were enabled by adapting their language and conduct to the 
 temper of the times, to prevail upon a competent number of 
 the states to establish the constitution without previous alter- 
 ation upon the implied condition of subsequent amendments, 
 which they assured would certainly be made, as every body 
 was agreed in their propriety. 
 
 My knowledge of the principles and conduct of these men 
 for many years past left me no room to doubt of their insin- 
 cerity on this occasion. I was persuaded that all their pro- 
 fessions of moderation and assurance of future amendments, 
 were founded in deception, that they were but the blind of 
 the moment, the covered way to dominion and empire. Like 
 a barrel thrown to the whale, the people were to be amused 
 with fancied amendments until the harpoon of power should 
 secure its prey and render resistance ineffectual. Already the 
 masque of ambition begins to be removed and its latent fea- 
 tures to appear in their genuine hue, disdaining any further 
 veil from policy; the well-born^ inebriated with success, and 
 despising the people for their easy credulity, think it unnec- 
 essary to dissemble any longer; almost every newspaper ridi- 
 cules the idea of amendments and triumphs over the deluded 
 people. Ye patriots of America, arouse from the dangerous 
 infatuation in which ye are lulled, and while it is yet time, 
 strain every nerve to rescue your country from the servile 
 yoke of bondage and to preserve that liberty which has been 
 so recently vindicated at the expense of so much blood and 
 treasure. Upon the improvement of the present moment de- 
 pends the fate of your country; you have now a constitutional 
 opportunity afforded you to obtain a safe and a good govern- 
 ment by making choice of such persons to represent you in 
 the new congress, as have congenial sentiments with your- 
 selves. Suffer not, ye freemen of America, the well-born^ or 
 
672 Letters of Centinel. No. XIX. 
 
 their servile minions^ to usurp the sacred trust — to impose 
 themselves upon you as your guardians; for whatever pro- 
 fessions they may make, or assurances they may give you, 
 depend upon it they will deceive you: like the wolf in sheep's 
 clothing, they will make you their prey. Treat with con- 
 tempt the slanderous arts of the well-born to prejudice you 
 against your true friends, and convince them on this great 
 occasion, by your good sense, union and vigor, that you are 
 not to be duped out of your liberties by all the refinements of 
 Machiavellian policy. The future government of these 
 United States will take its tone from the complexion of the 
 first congress ; upon this will greatly depend whether despotic 
 sway, or the salutary influence of a well-regulated govern- 
 ment shall hereafter rule this once happy land. As the leg- 
 islature of this state have appointed the last Wednesday in 
 November next for the election of the eight representatives 
 from this state in the new congress, you ought to be prepared 
 for that all-important day; and as success is only to be en- 
 sured by unanimity among the friends of equal liberty, local 
 and personal predilections and dislikes should give place to 
 the general sentiment. Whatever ticket may be agreed to by 
 the majority of the opposition to the new constitution in its 
 present shape ought to be supported by all those who are sin- 
 cere in wishing for amendments. I trust that all prejudices 
 and antipathies arising from the late war, or from difference 
 of religion, will be sacrificed to th'e great object of the public 
 welfare, and that all good and well-meaning, men of whatever 
 description will harmonize on this occasion. For among the 
 various practices and stratagems of the well-born, the princi- 
 pal one, and upon which they will the most rely for success, 
 will be the endeavor to divide you, and thus by scattering 
 your suffrages between various candidates, to frustrate your 
 object. 
 
 From the mode of appointment, the Senate of the general 
 government will be chiefly composed of the well-born^ or 
 their minions, and when we consider the great and various 
 powers which they will possess, and their permanency, it 
 ought to operate as an additional stimulus with you to obtain 
 
Letters of Centinel. No. XX. 673 
 
 faithful representatives in the other branch of legislature, to 
 shield your privileges and property from the machinations of 
 ambition and the rapacity of power. The Senate, besides 
 their proper share in the Legislature, have great executive 
 and judicial powers — their concurrence is made necessary to 
 all the principal appointments in government. What a fruit- 
 ful source of corruption does not this present! in the capacity 
 of Legislators they will have the irresistible temptation to in- 
 stitute lucrative and needless offices, as they will in fact, have 
 the appointment of the officers. 
 
 When I consider the nature of power and ambition, when I 
 view the numerous swarm of hungry office-hunters, and their 
 splendid expectations, anticipation exhibits such a scene of 
 rapacity and oppression, such burthensome establishments to 
 pamper the pride and luxury of a useless herd of officers, such 
 dissipation and profusion of the public treasure, such conse- 
 quent impoverishment and misery of the people that I trem- 
 ble for my country. 
 
 Such evils are only to be averted by a vigorous exertion of 
 the freemen of America, to procure a virtuous, disinterested, 
 and patriotic House of Representatives. That you may all 
 view the importance of this election in its true light, and im- 
 prove the only means which the constitution affiards you for 
 your preservation, is the fervent wish of 
 
 Philadelphia, October 3d, 1788. 
 
 Centinel. 
 
 Centinki, No. XX.* 
 
 To the Citizens of Philadelphia. 
 
 I congratulate my fellow citizens on the dawn of returning 
 independence of sentiment evinced at the last election; may 
 its ennobling influence stimulate to further and more effectual 
 exertions; may the dictates of the well-born junto be treated 
 on every occasion, with the contempt they experienced in re- 
 gard to the late choice of councillor for this city. 
 
 Blinded by prejudice industriously fomented, influenced by 
 
 *Froin "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Nov. 13, 1788. 
 43 
 
574 Letters of Centinel. No. XX. 
 
 sordid motives of private interest, or intimidated by appre- 
 hensions of being ruined in their professions, a great majority 
 of the citizens of Philadelphia have suffered themselves to be 
 made the scaffold upon which the well-born junto have as- 
 cended to the government of this state, and thereby to a pre- 
 dominancy in that of the United States. For several years 
 past the essential privilege of freemen, that of electing their 
 legislators has been reduced to unsubstantial form, to a mere 
 farce, the appointment being really made by the junto, pre- 
 vious to the legal election. The situation of this city has 
 been similar to that of Rome, under the emperors, who art- 
 fully gratified the people with the forms of that liberty which 
 they had enjoyed under the republic; continuing their 
 ostensible representatives and officers, although in fact they 
 were the creatures of the emperors and entirely subservient to 
 them. Thus you have been amused with the show of annual 
 elections, and the name of representatives without the reality. 
 
 It may be useful to take a retrospect of the means by which 
 this well-born junto, who ten years ago could not muster 
 more than eighty-two devoted adherents in the state of Penn- 
 sylvania, have now become so formidable as to threaten the 
 liberties of all America. 
 
 The first consideration that this review presents is, the 
 policy by which the junto have attached to their party the 
 weighty interest of the Quakers and Tories. In the late 
 arduous contest with Great Britain, wherein the lives and 
 fortunes of the Whigs were dependent upon the uncertain 
 issue of the war, and in the course of which so much barbarity 
 and devastation were committed by the British; it is not to 
 be wondered at that those persons who were disaffected to the 
 common cause, who refused to share the dangers or contrib- 
 ute to the expenses of the war, and on the contrary were 
 justly suspected to be aiding and assisting a cruel and vin- 
 dictive foe, should in consequence thereof, incur the resent- 
 ment of the Whigs and be treated rather as enemies to their 
 country than as fellow citizens. Hence the test-law, which 
 was made to draw the line of discrimination, and to exclude 
 from our councils those who were inimical to our cause; 
 
Letters of Centinel. No. XX. 675 
 
 hence too the violence and severity with which the disaffected 
 were treated; which has laid the foundation of the most im- 
 placable resentments and lasting prejudices. 
 
 The junto^ considering that persons so situated and under 
 the influence of such feelings, would make zealous adherents 
 if they could be flattered with hopes of protection from what 
 they deemed oppression and persecution, and still more so if 
 they could be flattered with the pleasing prospect of a repeal 
 of the test-law, and thereby having it in their power to assert 
 their rights and vindicate their sufferings; the y««if<? accord- 
 ingly made the most liberal offers of their services to the dis- 
 affected, and as their dislike and dread of the Whigs was 
 the cement of union, the basis upon which the well-born 
 meant to build their meditated schemes of profit and ag- 
 grandisement, Galen, and such minions were employed to 
 aggravate the feelings and confirm the resentments of the dis- 
 affected by such misrepresentations of the principles and de- 
 signs of the Whigs as to keep the former under continual 
 apprehension of violence and rapine;* this persuasion had the 
 
 * It is astonisliing to think how successful this artifice has been. The dis- 
 affected were too highly prejudiced against the constitutional Whigs by the 
 odious light in which they were continually represented by the well-born 
 and their minions, as they were brought to consider them as the most vio- 
 lent, unprincipled, and abandoned of men, who were conspiring against the 
 lives, property, and happiness of all other classes of people. Under such 
 impressions two very worthy quakers, Robert Smith and Jonathan Morris, 
 were, after the repeal of the test-law, elected members of the legislature for 
 Chester county. But what was the astonishment of these honest men, when, 
 in pursuing the dictates of their conscience and judgment, they found that 
 in almost every vote they harmonized with the constitutionalists, and dif- 
 fered with those men they had been so highly prejudiced in favor of, whose 
 corrupt principles and views they had now a demonstration of. Often have 
 I heard them express their ardent wish, that all those of their constituents 
 who were under the same delusion that they had been, might have the same 
 opportunity of seeing and judging for themselves. But the upright conduct 
 of these men was so highly displeasing to the junto, that at the next election 
 they were turned out. Indeed, during the course of the year that they were 
 in the assembly, they were continually warned of the consequences of dar- 
 ing to exercise their judgment, and voting against the measures of the well- 
 bom; but they virtuously answered that they would not purchase a seat in 
 the legislature at the expense of their integrity and the duty they owed their 
 country. 
 
676 Letters of Centinel. No. XX. 
 
 desiied effect, it riveted the disaffected so closely to the in- 
 terests of the junto that they zealously and implicitly sup- 
 ported all their measures without attending to their nature or 
 consequences. At length the liberal Whigs seeing the im- 
 position that was practicing on the disaffected, that they were 
 made the dupes of a set of interested designing men, resolved 
 to convince them that their apprehensions were groundless 
 by repealing the test-law, which excluded so many of them 
 from the right of suffrage, and thereby putting them in a 
 situation to judge and act for themselves; the junto who had 
 gained so much by the subordinate situation of the disaffected, 
 were alarmed at the proposition and accordingly opposed it, 
 which so incensed their allies that, at an election which took 
 place soon after for a censer in the room of Col. Miles, re- 
 signed, not one of them could be persuaded to vote, and of 
 course the constitutionalists carried the election; however 
 the junto retrieved \h\s faux pas afterwards, by the zeal they 
 showed in procuring the repeal of the test-law. 
 
 I was always against the policy of continuing the test-law 
 one hour longer than was absolutely necessary for the preser- 
 vation of the country from a threatening enemy, as the his- 
 tory of other nations had taught me the injurious consequences 
 of depriving a large proportion of the community of the im- 
 portant privileges of citizenship. I was aware that ambition 
 always availed itself of such distinctions among the people to 
 accomplish their common ruin; that the grievous oppression 
 and misery which the Irish nation have experienced for some 
 centuries past, have arisen from the unequal situation of the 
 people in respect to the government — from the depressed sub- 
 ordinate state in which the Roman Catholics have been held, 
 who, not having a common interest in and attachment to the 
 government, but on the contrary highly embittered by the 
 odious light in which they were regarded, and the severity 
 with which they were treated, occasioned continual appre- 
 hensions to the Protestants for their safety. And this alien- 
 ated state of the people, and their reciprocal enmities and 
 suspicions, put it in the power of the English ministry, by 
 playing one party off against the other, to keep the whole 
 
Letters of Centinel. No. XX. 677 
 
 under the most submissive subjection. However, the situa- 
 tion of the Irish nation is much improved since the liberality 
 and harmony of sentiment that the late war gave birth to: 
 their common danger from foreign invasion evinced the folly 
 of their prejudices, and the necessity of union. The Irish 
 now act in a great measure as one people, and in consequence 
 thereof their affairs have assumed a different aspect. Eng- 
 land has been obliged to relinquish many of her injurious 
 monopolies and partial restrictions on the Irish commerce, 
 and oppressive arrangements in their government. Tyranny 
 has fled before the united voice of that people who were so 
 lately enslaved by their internal divisions. 
 
 Another great engine of influence has been the Bank^ which 
 having the power of controlling the credit of every person 
 concerned in trade, of course governed the mercantile inter- 
 est, and made it entirely subservient to the views of the well- 
 born junto. 
 
 It has been, moreover, the policy of the junto from the be- 
 ginning to ruin, by every device of calumny and exertion of 
 influence, the character and circumstances of every leading 
 patriot — well knowing that the people are only important 
 and powerful when united under confidential leaders; and as 
 this policy was supported by a numerous and weighty, party, 
 and pursued with unremitted perseverance, the ablest and 
 most influential patrons of the people fell victims to it. 
 Character after character was successively attacked and 
 hunted down by the dogs of party, with the most unfeeling 
 rancour; even the death of the victim did not assuage their 
 gall. In this barbarous game of policy, Galen bore away the 
 palm, and shone conspicuous beyond all the imps of the well- 
 born. He boasted that the superior malignity of his pen had 
 deprived the illustrious and patriotic Reed of his existence, 
 and in his fate had made a signal example to deter others 
 from emulating his virtues, and standing forth the advocates 
 of the privileges of the people, which is so highly criminal in 
 the eyes of the well-born. 
 
 By such means have the well-born attained to their present 
 power and importance, to a situation which has enabled 
 
678 Letters of Centinel. No. XX. 
 
 them to dictate and procure the establishment of a form of 
 government for the United States, which, if not amended, 
 will put the finishing stroke to popular liberty and confirm 
 the sway of the well-born. Whilst the fate of the new con- 
 stitution was doubtful, great was the assumed moderation, 
 specious were the promises of its advocate. The despotic 
 principles and tendency of this system of government were so 
 powerfully demonstrated as to strike conviction in almost 
 every breast, but this was artfully obviated by urging the 
 pressing necessity of having an energetic government and as- 
 surance of subsequent amendments. The people were more- 
 over told, "you will have the means in your own power to 
 prevent the oppression of government, viz: the choice of 
 your representatives to the federal legislature, who will be 
 the guardians of your rights and property, your shield against 
 the machinations of the well-born.^'' 
 
 But how changed the language, how different the conduct 
 of these men since its establishment! — they are taking effect- 
 ual measures as far as in their power to realize the worst pre- 
 dictions of the opponents to the new constitution. — Having 
 secured the avenue to offices under the new congress by the 
 appointment of the senators, they are now exerting all their 
 influence to carry the election of the representatives in the 
 federal legislature, and thereby get the absolute command of 
 the purse-strings to confirm their domination; every artifice 
 is practicing to delude the people on this great occasion, 
 which in all probability will be the last opportunity they will 
 have to preserve their liberties, as the new congress will have 
 it in their power to establish despotism without violating the 
 principles of the constitution. The proposed meeting at 
 L/ancaster is a high game of deception; under the appearance 
 of giving the people an opportunity to nominate their repre- 
 sentatives, the minions of ambition are to be palmed upon 
 them. Ostensible deputies are to be sent from every county 
 for this purpose, who, if we may judge from those already 
 appointed, will take especial care to prevent the nomination 
 of men who have congenial feelings with the people, as such 
 would prove troublesome obstacles in the way of ambition; 
 
Letters of Centinel. No. XXI. 679 
 
 the intention is to monopolize both branches of the legisla- 
 ture and make the government harmonize with the aggrand- 
 izement of the well-born and their minions. 
 
 The deputies appointed to go from this city characterize 
 the juggle and designate the intention more strikingly than 
 is in the power of language to express or the ingenuity of 
 artifice to conceal; the man who confessedly has had a 
 principal share in the framing of a constitution that is 
 universally allowed to be dangerously despotic, and therefore 
 to require great amendments; the man who in every stage of 
 its adoption has been its greatest advocate; whose views of 
 aggrandizement are founded upon the unqualified execution 
 of this government, whose aristocratic principles, aspiring 
 ambition, and contempt of the common people have long dis- 
 tinguished him; I say this man is now selected as one of that 
 body who are to dictate the choice of the people — to point 
 out faithful representatives who are to check ambition and 
 defend their rights and privileges. If the people sufier them- 
 selves to be thus fooled upon so momentous an occasion, they 
 will deserve their fate. But I am persuaded they will discern 
 the fraud and act becoming freemen, that they will give their 
 suffrages to real patriots and genuine representatives. 
 
 Philadelphia, October 23d, 1788. CenTinei.. 
 
 Centinei,, No. XXI.* 
 
 To the People of Pennsylvania. Friends and Country- 
 men. 
 
 France exhibits at this moment one of the most interesting: 
 scenes to human nature, and peculiarly instructive to the citi- 
 zens of the United States; — a people who for many centuries 
 had been accustomed to yield implicit obedience to the man- 
 dates of royalty, who never presumed to judge of the pro- 
 priety of any measure of government, but whose highest glory 
 was to recommend itself to the idol on the throne by the 
 most obsequious services, to sacrifice every manly feeling, 
 every consideration whether of self or country, at the shrine 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Nov. 8, 1788. 
 
68o Letters of Centinel. No. XXI. 
 
 of liis grandeur; I say this people, so long obsequious and 
 subservient to the will and pleasure of a despot, seem to have 
 imbibed a new nature, to be animated with the noblest, most 
 enlightened sentiments of patriotism, and in opposition to a . 
 court supported by a standing army of 300,000 mercenaries, 
 is asserting its rights and privileges. Various causes have 
 concurred to produce this astonishing revolution of sentiments 
 and conduct in the people of France: perhaps the divine 
 writings of a Montesquieu laid the foundation, and doubtless 
 the able, animated discussion of the native rights of mankind 
 occasioned by the late contest between America and Britain, 
 must have been very instrumental in effecting this general 
 illumination and inspiring this ardent love of liberty in 
 France. But it is probable from the strength which arbitrary 
 power had acquired by custom and long-established habits of 
 obedience, that it might have continued in uninterrupted 
 exercise for a long time to come, if the French court had not 
 precipitated its destruction by an extraordinary stretch of 
 power, which struck at all the remaining privileges of the peo- 
 ple, and aimed at the unqualified establishment of despotism. 
 
 The French, enlightened to their native rights had availed 
 themselves of institutions and provincial privileges, hitherto 
 enjoyed but in name, to check the despotism of power, which, 
 insensible of the great change of sentiment that had taken 
 place in France, was so rash as to attempt the enforcement of 
 new arrangements and impositions, itstead of adhering to the 
 old establisments that time and custom had sanctioned. The 
 French nation, already prepared, wanted but a suitable occa- 
 sion to vindicate their rights: this was now afforded by the 
 indiscretion of the court, and they embraced it by reviving 
 the exercise of the long-dormant privilege of their parliaments 
 to negative the arrets of the court, by refusing to register 
 such of them as they disapproved, without which they could 
 not be legally executed. 
 
 The French court, finding their projects of power and do- 
 minion frustrated by the patriotism of these local parliaments, 
 who, from their vicinity and near connection with the people, 
 were greatly influenced by the common feelings and interest, 
 
Letters of Ccntincl. No. XXL 68 1 
 
 came to the bold resolution of annihilating them at one stroke, 
 and substituting in lieu of them one general parliament, or 
 court ^ pleniere^ under the specious pretence of reinstating the 
 public finances and credit, deranged and prostrated by the 
 late expensive war and the peculations of the ministers of 
 state. 
 
 But the French nation had too much discernment to be thus 
 imposed on: they saw the object and tendency of the newcon- 
 stitntion, or court pleniere ; they were sensible that a parlia- 
 ment so remote from the people would be wholly subservient 
 to the views of the court, however despotic they might be; 
 they had experienced the fidelity, the patriotism, and the 
 fellow-feeling of their provincial parliaments too much to ac- 
 quiesce in their annihilation; and accordingly they opposed 
 this decisive step of the court with a spirit and unanimity that 
 has appalled its despotic spirit, and suspended, if not frus- 
 trated, the intended innovation. 
 
 What a surprising familarity there is in this project of the 
 French court and that of our would-be despots I The Caesars 
 of this country, having been bafiled in all their attempts upon 
 the liberties of the separate states, by the patriotism and vig- 
 ilance of the representatives of the people in the state legisla- 
 tures, they have availed themselves a peculiar crisis of trade 
 and public aflFairs, of the universal wish to vest Congress with 
 competent powers, to procure the establishment of a general 
 government, or court pleniere^ that will from its constitution 
 grasp all powers and silently abrogate the state governments. 
 
 In the conduct and example of the French provincial par- 
 liaments we have a striking illustration of the great utility 
 and indeed necessity of local or provincial governments be- 
 ing vested with competent power to prevent the oppression 
 of the general government, who being so far removed from 
 the people, would possess neither the means or the disposition 
 to consult and promote their interests and felicity. The pro- 
 vincial parliaments of France, although infinitely inferior in 
 their constitution and independency to our state legislatures, 
 have proved an efficient obstacle to the extension of arbitrary 
 power, and in all probability will be the instruments of pro- 
 
682 Letters of Centinel. No. XXI. 
 
 curing a constitution of government that will secure the en- 
 joyment of the inestimable blessings of liberty to every citizen 
 of France. 
 
 Our grandees, apprehensive that the opposition making by 
 the French nation to the abolition of their provincial parlia- 
 ments, and against the establishment of the new constitution, 
 or court pleniere, might from similarity of principles and 
 circumstances, open the eyes of the Americans to the despo- 
 tism aimed at in our new constitution or court pleniere, has 
 endeavored to conceal the true nature of the convulsions by 
 which France is at present agitated; and in this view, in con- 
 tradiction to the most authentic information both public and 
 private, they have industriously circulated the idea that the 
 designs of the French court are patriotic and in favor of thf. 
 people, and that the opposition to their measures proceeds 
 from a set of interested men, who wish to exempt themselves 
 from the common burthens; but where is the American 
 patriot who credits this representation, when he sees a 
 Fayette, an Armand, among the foremost in this opposition, 
 when he beholds the magnanimity and heroism displayed by 
 this opposition who, fearless of the frowns and persecution of 
 the court, presevere in the defense of their rights, esteeming 
 banishment, imprisonment, loss of offices and emoluments, 
 highly honorable when incurred in such a cause? 
 
 Galen, who in common with those of his party, had exper- 
 ienced the galling mortification of being defeated in every at- 
 tempt to overthrow our invaluable state constitution, declared 
 in the Convention, "that he rejoiced at the prospect which 
 the establishment of the new constitution affiarded of the 
 state governments being laid at the feet of Congress. ' ' This 
 sentiment, which the Doctor had indiscreetly suffered to es- 
 cape from him in the hour of insolence and triumph, was 
 afterwards ingeniously explained away, lest the people should 
 be apprised of the real object in view by this premature dis- 
 covery; for James the Caledonian, the principal framer and 
 advocate of the new constitution, had been obliged to confess, 
 that so extensive a country as the United States include, 
 could not be governed on the principles of freedom by one 
 
Letters of Centinel. No. XXII. 683 
 
 consolidated government, but that such a one must neces- 
 sarily be supremely despotic. 
 
 My next number will be on the subject of the immense 
 sums of public money unaccounted for, now ascertained by 
 a late investigation of Congress, which perhaps will be the 
 most effectual method of elucidating the principles of a num- 
 ber of the great advocates of the new constitution, and enable 
 the public to form a better judgment of one of the men lately 
 appointed by the legislature of this State to a seat in the 
 Federal Senate and of some of the men proposed as Federal 
 representatives, who will be found to be but puppets to this 
 great public defaulter. Centinel. 
 
 Philadelphia, November 6, 1788. 
 
 Centinbi,, No. XXII.* 
 
 To the People of Pennsylvania. Friends and Fellow 
 Citizens. 
 
 It was my intention to appropriate this number to the con- 
 sideration of the enormous sums of public money unaccounted 
 for by individuals, now ascertained by a late investigation of 
 Congress; but accidentally meeting with an address to the 
 freemen of Pennsylvania, signed Lucullus, published in the 
 Federal Gazette of November 6th, I thought no time should 
 be lost in detecting the atrocious falsehoods, and counter- 
 acting the baneful poison contained in that address. In a 
 former number I noticed the base policy practised by the Re- 
 publicans^ as they styled themselves, of imitating and preju- 
 dicing that part of the community who were disaffected to 
 our cause in the late war against the constitutional Whigs, by 
 the grossest calumny and misrepresentation of their conduct 
 and principles, and thereby duping the disaffected into the 
 support of measures, which their dispassionate judgment 
 would have reprobated as highly injurious to the common 
 welfare. That address is a continuation of the same policy, 
 and from characteristic features, is known to be the produc- 
 tion of Galen, who has done more to destroy the harmony of 
 
 *From "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Nov. 14, 1788. 
 
684 Letters of Centinel. No. XXII. 
 
 Pennsylvania, and forward the vassalage of her citizens to the 
 rich and aspiring than all the other firebrands of party and 
 instruments of ambition. 
 
 We are now hastening, to a crisis that will determine the fate 
 of this great country — that will decide whether the United 
 States is to be ruled by a free government, or subjected to the 
 supremacy of a lordly and profligate few. Hitherto the grat- 
 ification of party spirit and prejudice was attended with the 
 ruin of the honest Whigs and the emolument and aggrandize- 
 ment of the Republicans at the common expense; but now it 
 would be attended with the loss of all liberty and the estab- 
 lishment of a general thraldom — men of all descriptions, ex- 
 cept our rulers, would equally wear the fetters, and experience 
 the evils of despotism ; it therefore behooves every man who 
 has any regard for the welfare and happiness of his country, 
 of himself, or his posterity, to endeavor to divest himself of 
 all prejudices that may bias or blind his judgment on this 
 great occasion. In confidence of a dispassionate perusal and 
 consideration, I will now take up the address and expose its 
 fallacy. It begins, "You will be called upon on the last Wed- 
 nesday of the present month to give your votes for eight per- 
 sons to represent you in the Legislature of the United States. 
 You never were called upon to exercise the privilege of elect- 
 ing rulers upon a more important occasion. Two tickets will 
 be ofiered you. The one will contain men who will support the 
 new constitution in its present form : the other ticket will con- 
 tain men who will overset the government under the specious 
 pretext of amending it." Here is a plain, explicit avowal 
 that the new constitution is to be supported in its present 
 form] I hop's this declaration will open the eyes of those peo- 
 ple who have been deluded by the deceitful promises of 
 amendments, and that being thereby convinced of the fallacy 
 of the reiterated assurances of amendments, they will now 
 embrace the only method left of obtaining them, by giving 
 their suffrages and influence to the other ticket. The bug- 
 bear raised to intimidate the people from voting for this 
 ticket, viz: "that the design is to destroy the government 
 under the specious pretext of amending it," I trust will be 
 
Letters of Centinel. No. XXII. 685 
 
 treated with the deserved contempt, and that this low device 
 will only confirm the people the more in their determination 
 to support men favorable to amendments. The address pro- 
 ceeds, "To give you just ideas of the anti-federal ticket, I 
 shall only add that it was composed and will be supported by 
 persons who violated the rights of conscience by imposing a 
 wicked and tyrannical test-law vc^on the Quakers, Mennonists, 
 and other sects of Christians who hold war to be unlawful." 
 In regard to the test-law, I shall only observe that the cir- 
 cumstances of the times justified, nay, made it indispensably 
 necessary; that it was a dictate of common sense and agree- 
 able to the great law of self-preservation to draw a line of 
 discrimination, and exclude from our councils and places of 
 power and trust those persons who were inimical to our cause; 
 and that such has been, and must ever be, from the nature 
 of things, the practice of all nations when engaged in civil 
 war. However, I am clearly of opinion that sound policy 
 dictates the repeal of such laws as soon as it can be done con- 
 sistent with the public safety, to prevent men of such princi- 
 ples and views of Galen and his party from availing them- 
 selves of the irritated feelings of the non-jurors and their 
 friends, to compass designs prejudicial to the public liberties 
 and welfare. 
 
 The tender law stands next in the catalogue of crimes. 
 ' ' Who ruined half the widows, orphans and aged citizens in 
 the State, by an unjust and cruel tender law?" In order to 
 form a judgment of the propriety of this law, we must recur 
 to the occasion of making it. When the thirteen late pro- 
 vinces, now States of America, in Congress assembled, came 
 to the resolution of supporting their liberty and independence 
 by the sword, they found it necessary to anticipate the re- 
 sources of the country by emitting bills of credit; and as the 
 value and eificiency of this means depended on their being 
 received in all transactions equal to gold and silver money 
 of like denominations, a legal compulsion to ensure this cur- 
 rency to them was then deemed essentially necessary, and ac- 
 cordingly Congress recommended the measure to the several 
 States, who, in compliance therewith, passed laws making 
 
686 Letters of Centinel. No. XXII. 
 
 the continental money a legal tender. This paper money was 
 the sinew of the war, and as such was to be cherished — upon 
 its credit depended our. political salvation. However, it is 
 my decided opinion that Congress was mistaken in suppos- 
 ing that the credit of paper money could be supported by 
 making it a legal tender: it is adequate funds of redemption 
 being provided, and public confidence only that can stamp 
 the value of money on paper. 
 
 But why censure the Government of Pennsylvania for laws 
 that were made ministerially, in compliance with the recom- 
 mendation of Congress? May not every government in the 
 union be stigmatized on the same principle, as they all passed 
 similar laws? Moreover, with what consistency can the Re- 
 publicans adduce the tender laws as a crime against the 
 Constitutionalists^ when the former were the authors of the 
 most oppressive of them, when they renewed these laws after 
 they had been suspended by the Constitutionalists? A recur- 
 rents to the minutes of the assembly and the laws of the State 
 will fully establish this fact. It will thereby appear that the 
 assembly elected in October 1779, who were to a man Consti- 
 tutionalists, suspended the operation of the laws making the 
 continental money a legal tender for three months, by their 
 act passed on the 31st May, 1780, which was further continued 
 by their act of the 22d of September following; and by the 
 succeeding assembly, which were Republicans^ it was con- 
 tinued without limitation. Thus the legal tender of the con- 
 tinental money was first suspended by the Constitutionalists; 
 and this same assembly passed a law, on the 25th March, 
 
 1780, for emitting ;^ioo,ooo in bills of credit, founded on the 
 City Lots and Province Island, without mading them a legal 
 tender. 
 
 It will also appear by the minutes of Assembly and laws, 
 that the Republicans afterwards, viz., on the 9th of April, 
 
 1781, emitted the enormous sum of ;^5oo,ooo in bills of credit, 
 at a time when the public exigencies did not require or justify 
 this oppressive emission of paper money, and could only be 
 accounted for by the scene of profitable speculation that was 
 made on this money by the Cofferer and his friends; and this 
 
Letters of Centinel. No. XXII, 687 
 
 paper the Republicans made a legal tender, with heavy for- 
 feitures and penalties in case of refusal. 
 
 The Republicans moreover made the ;^ioo,ooo island 
 money emitted by the Constitutionalists a legal tender, al- 
 though the fund of redemption was so abundantly adequate, 
 the consequence of which was a greater depreciation. And 
 these tender laws were not made in pursuance of recommen- 
 dations of Congress, but were the original acts of the Repub- 
 licans. 
 
 If the tender laws have been so cruel and wicked, so destruc- 
 tive as "to ruin half the widows, orphans, and aged citizens 
 in the state," how came the immaculate Republicans to renew 
 them at so late a period in the war, when they must have 
 been fully informed of their operation, and when they had not 
 so good a plea to justify them ? What unparalleled impudence 
 to charge the Constitutionalists with the hardships and evils 
 of laws that they, the Republicans, were instrumental in re- 
 viving and continuing! And yet as extravagant and incon- 
 sistent as this charge is, the prejudice and credulity of party 
 spirit has implicitly believed it. Although the Republican 
 party devised and made the last tender laws for their private 
 emolument, although they reaped the rich harvest of specula- 
 tions on the public credit by means of these laws, yet the 
 Constitutionalists must bear all the odium of them. 
 
 The Doctor has exhibited a most exaggerated picture of 
 the grievous consequences of the militia law; he says "that 
 wagons have been sold for 3s. gd, cows for gd, etc. Whoever 
 reprobates the militia law, must on the same principle repro- 
 bate the late glorious contest for liberty; for any person the 
 least acquainted with the transactions of the war, must know 
 that the militia were very instrumental to our success; a law 
 was therefore necessary to form and call forth this militia 
 when requisite. If, in the execution of a general system, 
 hardships have happened to individuals, they are to be con- 
 sidered as private misfortunes, not public oppressions ; or if 
 collectors and other officers have prostituted this law to pri- 
 vate gain, they are to be stigmatized, not the law or its 
 framers. 
 
688 Letters of Centinel. No. XXII. 
 
 The address continues, "who have pocketed, or squan- 
 dered away as much confiscated property as would have paid, 
 if it had been properly disposed of, half the debt of the 
 state ! ' ' This is a charge easily made, but until the mere as- 
 sertion of an anonymous writer is deemed sufficient to sub- 
 stantiate the fact, the public will expect better evidence. I 
 call upon the doctor to name the instances, point out the per- 
 sons, and produce the proof of this peculation on the con- 
 fiscated property; and in answer to the other part of the 
 charge, viz : ' ' that it was squandered, ' ' I will say it is equally 
 groundless, whether as to the appropriation that was made of 
 this property, or as to the premature disposition of it; for if 
 we may judge from the temper and conduct of succeeding 
 houses of assembly, it is evident that had the sales of this 
 property been postponed, they would never have taken place, 
 as it would have been restored to the original owners. 
 
 The address proceeds, "who have banished specie and 
 credit from the state, by their last emission of paper money. 
 Who have nearly ruined the state by assuming and funding 
 the debts of the United States, whereby they have checked 
 our agriculture, commerce and manufactures, and driven 
 many thousands of farmers and mechanics to Kentucky and 
 Niagara." If an honest, just compliance with public en- 
 gagements, if the support of public credit, so prized by every 
 wise nation and inviolably maintained by the enlightened 
 government of Great Britain, as its great resource in time of 
 need, is considered criminal in Pennsylvania, the funding law 
 and the last emission of paper money cannot be vindicated; 
 but I am persuaded the people of this state have too high a 
 sense of justice and too much discernment to their permanent 
 interests for this doctrine to become popular. 
 
 "Who have burdened the state with expensive' establish- 
 ments and salaries, thereby encouraging idleness, dependence 
 and servility among our citizens." This is a groundless as- 
 sertion and base calumny. 
 
 "Who have violated the constitution of the state by 
 sacrilegiously robbing an institution of learning and charity 
 of its charter and funds." I refer my readers to the reasons 
 
Letters of Centinel. No. XXII. 689 
 
 of the majority of the council of censors, for a complete refu- 
 tation of this charge. 
 
 "Who by the number and weight of their taxes, have re- 
 duced landed property to one fourth of its former value, and 
 thereby forced many ancient and respectable farmers and 
 merchants, possessed of large visible estates, to submit to the 
 operations of laws which have reduced them from well- 
 earned affluence or independence to poverty and misery.'^ 
 How lost to all sense of truth and decency must the Doctor 
 be to ascribe the evils of the oppressive taxes to the Constitu- 
 tionalists., when he knows his party were the authors of them ? 
 Does he forget the enormous tax of 1782, imposed by his 
 friend Mr. Morris^ which vastly exceeded the ability of the 
 people to pay, amounting to ;^425,ooo in specie besides the 
 paper money ? — a tax that has been productive of more dis- 
 tress and mischief than the aggregate of all the previous and 
 subsequent taxes, and is the efficient cause of our present 
 difficulties in taxation; and does the Doctor forget the other 
 numerous taxes imposed by the same party, some of them to 
 favor their speculations in the paper moneys? 
 
 ' ' Who have opposed the adoption of the Federal govern- 
 ment by the grossest falsehoods, by the abuse of the best 
 characters in the United States, and by an attempt to excite 
 a civil war. ' ' A review of the discussion of the new consti- 
 tution will expose the fallacy of this charge; whilst sound 
 reason and well-supported arguments were made use of by 
 the opposition, scurrility and abuse of every person who dared 
 to object to the new constitution, were lavished by the Fed- 
 eralists., and if there was any danger of a civil war, it arose 
 from their violence and precipitance in forcing down the gov- 
 ernment without giving the people time or opportunity to ex- 
 amine or judge for themselves. 
 
 "Who aim at nothing but power or office — who have no- 
 thing to lose, and everything to hope, from a general convul- 
 sion." This comes very consistently from a party which 
 abounds in needy office hunters, whose staunch federalism 
 and obsequious services are founded on, and stimulated by, 
 the ravishing prospect of sharing in the great loaves and 
 fishes of the United States, under the new constitution. 
 44 
 
690 Letters of Centinel. No. XXII. 
 
 "Whose private characters are as profligate as their public 
 conduct has been oppresive, dishonest, and selfish, and who, 
 instead of aiming to share in the honors of the new govern- 
 ment, should retire in silent gratitude for having escaped 
 those punishments to which their numerous frauds, oppres- 
 sions and other crimes, have justly exposed them." If I was 
 disposed to recriminate — there is an ample field — I would be- 
 gin with the cofferer., the head of the other party, and trace 
 his character through the numerous speculations on the pub- 
 lic, from his appointment to the c 1 a y of the United 
 
 States, to his resignation as f r; I would delineate the cor- 
 rupt principles and conduct of the rest of the party down to 
 the herd of base parasites and minions, the Doctor included, 
 who would make a conspicuous figure in the black picture. 
 On the other hand, I challenge the Doctor or his associates to 
 sully the integrity, the disinterested conduct of the leaders of 
 the constitutional party, by any colorable charge of pecula- 
 tion or abuse of the public trusts so often confided to them, 
 lyike the virtuous Fabricius, they retired from offices of the 
 highest eminence and opportunities of embezzling the public 
 treasure, with unpolluted hands and native integrity; so far 
 from growing rich in the public service, they have impaired 
 their own fortunes by their zeal and contributions for the 
 public welfare; and instead of receiving applause for their 
 patriotism, they are loaded with obloquy, are vilified and 
 stigmatized with that poverty which is their greatest glory, 
 and by the very men too who charge them with peculating 
 on the public. How ungenerous and inconsistent! At the 
 same time I must confess, that there have been villains of the 
 constitutional party, for perfection is not to be expected on 
 this side eternity. But it has been the good fortune of this 
 party, that the instances have been rare and of an inferior 
 kind; they did not ascend to the principals of the party, to 
 the great influential leading characters, who gave the com- 
 plexion and tone to the measures of government. 
 
 The foregoing remarks upon the first part of the address 
 apply equally to the remainder, and prove the fallacy and 
 turpitude of the whole of it. Centinei.. 
 
 Philadelphia, November 12th, 1788. 
 
Letters of Centinel. No. XXIII. 691 
 
 Centinbi,, No. XXIII.* 
 
 To the People of Pennsylvania. Friends and Fellow 
 Citizens. 
 
 I have promised a number on the subject of the enormous 
 sums of public moneys unaccounted for by individuals, now 
 ascertained by a late investigation of Congress, but find so 
 extensive a field opened, as to require many numbers to treat 
 of the several parts in a proper manner; I shall, therefore, 
 confine my remarks at present to one paragraph of it. This 
 investigation, after being long suppressed, has at length 
 reached the public eye, and is of such magnitude and ex- 
 hibits such immense peculations on the public treasure 
 by men who now assume the lead in this and some other 
 of the state governments, and are among the most distin- 
 guished patrons of the new constitution, as to demand the 
 serious attention of the citizens of the United States at this 
 peculiar crisis of public afiairs. 
 
 Unawed by that power and influence, that false glare of 
 reputation and by that clamor and partiality of party spirit, 
 which for many years had rendered the characters of the great 
 public defaulters sacred and impervious to public scrutiny, 
 the Centinel., regardless of consequences in such a cause, im- 
 peached them at the bar of the public; he charged them with 
 the receipt of millions of public money, for which they had 
 not accounted ; and notwithstanding he produced sufficient 
 documents to substantiate the charge — such was the shame- 
 less effrontery of these men and their minions on the one 
 hand, and the confirmed prejudice and partiality of the pub- 
 lic on the other hand, that the Centinel was deemed a libeller., 
 a calumniator of some of the best and most illustrious char- 
 acters in the United States. So immaculate was the Cofferer 
 considered, that the epithets of rascal, villian etc., were 
 lavished upon every person who dared to assert anything to 
 his prejudice, and the cry of a cruel persecution was raised 
 against the Centinel and others for endeavoring to compel 
 him to disgorge the public treasure. 
 
 *Prom "The Independent Gazetteer; or, The Chronicle of Freedom," 
 Nov. 20, 1788. 
 
693 Letters of Centinel. No. XXIII. 
 
 Congress have now confirmed the charges adduced by the 
 Centinel against Mr. Robert Morris and the other great pub- 
 lic defaulters, so that if any person hereafter advocates the 
 principles and measures of these men, he will thereby ac- 
 knowledge congenial sentiments and proclaim his own char- 
 acter — the public will be equally aware of the one as of the 
 other. 
 
 In my seventeenth number, there is the following para- 
 graph: "When we consider the immense sums of public 
 money taken up by Mr. Morris, as commercial agent, to im- 
 port military supplies, and even to trade in behalf of the 
 United States, at a time when the risk was so great that in- 
 dividuals would not venture their property; that all these 
 transactions were conducted under the private firm of Willing 
 and Morris^ which afforded unrestrained scope to peculation 
 and embezzlement of the public property, by enabling Mr. 
 Morris to throw the loss of all captures by the enemy at that 
 hazardous period on the public, and converting most of the 
 safe arrivals (which were consequently very valuable) into his 
 private property; and when we add to these considerations, 
 the principles of the man^ his bankrupt situation at the com- 
 mencement or the war, and the immense wealth he has 
 dazzled the world with since, can it be thought unreasonable 
 to conclude that the principal source of his wealth was the 
 commercial agency of the United States during the war? — not 
 that I would derogate from his successful ingenuity in his 
 numerous speculations in the paper moneys, Havannah mo- 
 nopoly and job, or in the sphere of financiering." 
 
 And in a piece which I wrote under the signature of "0«^ 
 of the People^'''' published in the Independent Gazetteer of 
 April 17th last, I referred to a report of a committee of Con- 
 gress of the nth of February, 1779, to prove that Mr. Morris 
 was a member of the secret or commercial committee, and 
 that this committee had authorized and entrusted him solely 
 with the purchasing of produce in the diflFerent states, and 
 exporting the same on the public account, and that all such 
 contracts were made by him under the private firm of Wil- 
 ling and Morris. 
 
Letters of Centinel No. XXIII. 693 
 
 Mr. Morris, being absent in Virginia when the Centinel 
 made the foregoing charge against him, his friends and 
 minions undertook the vindication of his character; they as- 
 serted that he had rendered his accounts as commercial agent, 
 and that they were settled; but Mr. Morris, sensible that the 
 ground which his advocates had taken for his justification was 
 not tenable, and that their officious zeal had led them to 
 make assertions that could easily be disproved, was obliged 
 to confess that he had not settled, nor even rendered his ac- 
 counts as commercial agent, at the distant period of ten years 
 after his transactions in that capacity; but with his usual in- 
 genuity endeavored to apologize for not doing it, as will 
 appear by a recurrence to his address to the public, dated 
 Richmond, March 21st, and published in the Independent 
 Gazetteer of April 8th last. 
 
 I will make an extract of this address containing Mr. Mor- 
 ris's acknowledgment of receiving the public money and his 
 not settling his accounts. It is as follows, viz. : " At an early 
 period of the revolution, I contracted with the committees to 
 import arms, ammunition and clothing, knd was employed to 
 export American produce, and make remittances on account 
 of the United States, for the purpose of lodging funds in 
 Europe. To effect these objects, I received considerable 
 sums of money. The business has been performed, but the 
 accounts are not yet settled." 
 
 Having stated the charge formerly made against Mr. Mor- 
 ris and the evidence that was then in my power to establish 
 it, I will now add a quotation from the late investigation 
 made by Congress, extracted from their journals of the 30th 
 September last, viz. : ' ' Your committee turning their atten- 
 tion to an act of Congress on the 2 2d of May last, directing 
 the board of treasury to call upon all such persons as had been 
 entrusted with public money, and had neglected to account 
 for the same, and such other persons as had made partial or 
 vague settlements, without producing proper vouchers, were 
 desirous to obtain a particular statement of the accounts 
 which are in the above predicament; but they are sorry to 
 find that such a detail is too lengthy to be here inserted. 
 
694 Letters of Cenlinel. No. XXHI. 
 
 Some of those accounts are stated in the file of papers marked 
 papers respecting unsettled accounts^ which is herewith sub- 
 mitted. From the general aspect of those accounts, your 
 committee are constrained to observe, that there are many 
 strong marks of the want of responsibility or attention in the 
 former trasactions respecting the public treasures. No less 
 a sum than 2,122,600 dollars has been advanced to the secret 
 committee of Congress, before August 2d, 1777, and a con- 
 siderable part of this money remains to be accounted for 
 otherwise than by contracts made with individuals of their 
 own body, while those individuals neglect to account." 
 
 Thus it appears that a considerable part of the enormous 
 sum of two millions, one hundred twenty-two thousand and 
 six hundred dollars, nearly equal to specie, which was ad- 
 vanced to the secret committee of Congress, remains unac- 
 counted for, otherwise than by contracts made with indivi- 
 duals of their own body, while those individuals 7ieglected to 
 account. And who those individuals are is evident from the 
 report of the committee of Congress on the nth of February, 
 1779, before quoted, 'and from other records of Congress. By 
 them it appears, that after the death of Mr. Ward, who was 
 the first chairman and agent of the secret committee, which 
 happened very early, before this committee had transacted 
 much business, that Mr. Robert Morris was solely entrusted 
 by the secret committee with the disposition of the public 
 money advanced to them, and that all his transactions as 
 commercial agent, were conducted by him under the private 
 firm of Willing and Morris. 
 
 Eleven years have now elapsed since Mr. Morris was en- 
 trusted with the disposition of near two millions of specie 
 dollars, and no account of this immense sum has yet been 
 rendered by him. What conclusion must every dispassion- 
 ate person make of this delinquency ? Is it not more than 
 probable that he has converted the public money to his own 
 property, and that, fearful of detection, and reluctant to re- 
 fund, he has, and will, as long as he is able, avoid an inves- 
 tigation and settlement of these long standing accounts? 
 
 I will ask, did the majority of the late assembly evince 
 
Letters of Centinel. No. XXIIL 695 
 
 either wisdom or virtue, when they appointed this man to a 
 seat in the/ederal senate, or will the people evidence any re- 
 gard to their own interests if they give their sufTrages to his 
 creatures, who are now proposed as federal representatives? 
 Under the administration of such men, is it rational to expect 
 that public defaulters will be called to account, or that future 
 peculation and pocketing of the public money will be discour- 
 aged or detected? 
 
 I intend in future numbers to notice the other numerous 
 instances of public defaulters, and to show that if it had not 
 been for the immense peculations and pocketing of the pub- 
 lic moneys by individuals, and those among our most distin- 
 guished Federalists, that the people would not have been 
 burdened with above one-third of the present national debt 
 and consequent taxes. 
 
 The following article of the last report of the committee of 
 congress on the finances, will be the subject of my next num- 
 ber, viz. : ' ' Your committee were desirous to discover in what 
 manner the large sums of money received in France have 
 been accounted for, but the subject of this inquiry seems to 
 
 be involved in darkness. 
 
 Livres s. d. 
 
 The amount of the several receipts is 47,111,859 12 8 
 
 Of this sum there has been sent 
 over or drawn for and ex- 
 pended in America 26,246,727 5 5 
 
 Salaries of foreign ministers 1,160,183 
 
 27,406.910 5 5 
 
 There remains 19,704,949 7 3 
 
 "The documents for the expenditures of this balance have 
 never been produced at the treasury. They must be in 
 France if there are any such papers. A full inquiry into the 
 premises now claims the attention of the board of treasury. 
 Some time must be expended in making the necessary inves- 
 tigation, but the result may be of important service to the 
 United States." 
 
 In the investigation of this article, which informs us of a 
 deficiency of upwards of nineteen millions of livres specie, 
 however it may offend, I must expose the names of the men 
 who have received this money. Centinel. 
 
 Philadelphia, November 17, 1788. 
 
696 Letters of Centihel. No. XXIV. 
 
 Centinel, No. XXIV.* 
 
 To the People of Pennsylvania. Friends and Fellow 
 
 Citizens. 
 
 This number was appropriated to the investigation of that 
 article of the last report of a committee of Congress, which 
 informs us of a deficiency of Nineteen Millions of livres 
 Specie, in the moneys entrusted to our Commissioners in 
 France^ the principal of whom was the Honorable Ben- 
 jamin Franklin the sanction of whose name has given 
 such weight and success to the new constitution; but I shall 
 be obliged to postpone the discussion of this subject in order 
 to notice Mr. Morris's answer published in the Independent 
 Gazetteer of this morning to my last number. 
 
 Mr. Morris, presuming upon the strength and continuance 
 of those prejudices which his ingenuity and address had so 
 successfully raised, and which for many years had blinded 
 the public to his real principles and conduct, and enabled 
 him to prosecute his schemes of profit and aggrandizement to 
 an immense extent, without detection or jealousy, has now 
 the effrontery to treat the serious, well founded charges of 
 the Centinel, and a report of a committee of Congress, 
 with supercilious contempt, and to suppose that his unsup- 
 ported assertions in a matter where he is so deeply interested, 
 will be implicitly believed by that public whose property, to 
 the amount of millions, he was entrusted with above eleven 
 years ago, and for which he has not yet accounted. 
 
 Mr. Morris says, "On the repeated slanders of my enemies, 
 so far as they can affect myself, I look down with silent con- 
 tempt; but as I have been lately honored with a high trust in 
 the federal government, and as an attempt is made to wound 
 the federal cause by attacks on my reputation and the con- 
 duct of those who appointed me to a seat in the senate, my 
 attachment to that cause^ and my respect for my fellow citizens, 
 lead me to inform them that I have lately been at New York 
 for the purpose of bringing forward a settlement of my ac- 
 counts with the United States, and they are now in a train 
 
 * From Independent Gazetteer, Nov. 24, 1788. 
 
Letters of Centinel. No. XXIV. 697 
 
 of investigation, and that I shall do everything in my power 
 to obtain a final settlement of them before the meeting of 
 Congress under the new constitution. " 
 
 Is it slander to call upon a public officer to account for the 
 disposition of millions of public money entrusted to him 
 above eleven years ago? Or is it slander to denominate such 
 a man a public defaulter? Can any reasonable or honest ob- 
 stacle have so long delayed the settlement of his accounts, 
 especially when we consider the abilities and accuracy of this 
 man in accounts, and his persevering diligence and assiduity 
 to business? Is it now probable that he really means to 
 render his accounts, when we advert to the unsuccessful ex- 
 ertions of a series of the greatest characters in Congress to 
 compel him to account, and who for more than eleven years 
 have been baffled in all their virtuous and patriotic attempts 
 by the predominant influence and the machinations of this 
 man and his minions? What have become of the labors of 
 Manhetm, where Mr. Morris retired at a gloomy and doubt- 
 ful crisis of public affairs under the avowed pretence of pre- 
 paring these very accounts for settlement? Where is the 
 man besides Mr. Morris, who can thus act and preserve any 
 character or confidence, or who with so serious and weighty 
 a charge against him would continue to be preferred to the 
 highest honors and trusts of his country, with the power of 
 screening past delinquencies, and the opportunity of further 
 speculations; or who would be supported and justified by so 
 numerous and powerful a party? 
 
 As an instance of Mr. Morris's dangerous influence, and 
 also of his reluctance to have his accounts, even as superin- 
 tendent of finance, investigated, it may be observed that the 
 public spirited men in Congress on the 21st of June, 1785, 
 procured, with great difficulty, against the strenuous opposi- 
 tion and low subterfuges of Mr. Morris's friends and minions, 
 a resolution of that honorable body to this effect, that three 
 commissioners be appointed to examine the receipts and ex- 
 penditures of the late superintendent of finance; but this res- 
 olution was the only consequence of this virtuous effort, for 
 Mr. Morris has been able to prevent any Commissioners being 
 
698 Letters of Centinel. No. XXIV. 
 
 appointed in pursuance of this resolution entered into above 
 three years since. It is true that very lately the disinterested 
 part of Congress, strengthened by the attacks made by the 
 Centinel and others upon the- great public defaulters, and the 
 consequent clamor of the people, have, against the secret in- 
 clination of a majority of Congress, obtained resolutions and 
 appointments of officers to compel the public defaulters to 
 account and restore the public moneys; but the efficacy of 
 these resolutions and appointments entirely depends on the 
 complexion of the Congress under the new constitution; for 
 if the great public defaulters and their minions be elected, it 
 would be ridiculous to suppose that they would countenance 
 scrutiny into the conduct of themselves and patrons. Mr. 
 Morris, sensible that if he can carry his creatures who are 
 proposed as representatives in the new Congress, he may 
 laugh at and really contemn any future attempts to call him 
 to account, has, therefore, at the eve of the approaching de- 
 cisive election promised to settle and account for the immense 
 sums of public money that he received above eleven years ago, 
 and even assures that he has been at New York lately on this 
 business and that his accounts are in a train of investigation. 
 But like the Manheim investigation promised as seriously 
 eight or nine years ago, the present will prove to have no 
 other existence than in the deception of the moment, and 
 this train will be found delusive and without end. 
 
 My fellow citizens, suffer not yourselves to be thus contin- 
 ually imposed on by a man whose whole career in public life 
 has been marked by delinquencies in money concerns; but 
 make choice of such men to represent you as will secure 
 your liberties and property. And as you are now well ac- 
 quainted with the principles and views of Mr. Morris, you 
 are enabled to form a proper opinion of Messrs. Fitssimons, 
 Clymer, etc., who for ten years past have been the devoted 
 instruments and partisans of Mr. Morris, and participators in 
 his numerous speculations. Centinel. 
 
 Philadelphia, Saturday Noon, November 22d, 1788. 
 
BENJAMnsr FRANKLIN. 
 Aet-84j. 
 
 ^m.tkc'OTt^ifuB^jbftirUlM^if^ 6ke'^ffS3essi<>nyij/'i^ffisivricalSaize^of/*efm^ 
 
CHAPTER VIII. 
 
 SKETCHES OF THE PENNSYLVANIA MEMBERS OP THE 
 FEDERAL CONVENTION, 
 
 Pennsylvania was represented in the federal convention 
 by a larger delegation than any of the other states. This 
 was no doubt owing to the fact that Philadelphia had been 
 chosen as the place where the sessions of the convention were 
 to be held, and it imposed no hardship or expense on her citi- 
 zens to attend. Travelling in those days on horseback or by 
 stage wagon was attended by fatigue and expense, and so 
 closely were expenses watched that when the Pennsylvania 
 Assembly declined to provide compensation for its delegates, 
 representatives from the rural districts declined to serve. 
 
 Not only was the delegation the largest in the convention, 
 but it was one of the most distinguished. Of the iifty-six 
 men who signed the Declaration of Independence but six 
 signed the constitution, and of these four were from Pennsyl- 
 vania. Gouverneur Morris and James Wilson led the debate ih. 
 the convention. The former spoke one hundred and seventy- 
 three times, the latter one hundred and sixty-eight times. 
 But Wilson must be regarded as the father of the constitution 
 in Pennsylvania. His advocacy of it before the people, his 
 clear and forcible explanation of its meaning in the state con- 
 vention, clearly entitle him to this. The attacks made upon 
 him in the public press show how he was recognized as its 
 chief advocate by those who opposed it. For months his 
 time was entirely devoted to the work, and it is doubtful if 
 without his earnest eflFort, the constitution would have been 
 ratified by Pennsylvania. 
 
 We print the sketches of the Pennsylvania members in the 
 order in which they signed the constitution. 
 
 Benjamin Franklin was the oldest member of the con- 
 vention, being at that time eighty-one years of age. A phil- 
 
 (699) 
 
700 Sketches of the Members of the Federal Convention. 
 
 osopher whose wisdom was world-renowned, he exceeded in 
 practical knowledge every one of his associates. With no 
 pretensions as a speaker, he disposed of every question with 
 extraordinary brevity, sometimes by a happy allegory, some- 
 times by a single sentence. No man in the convention, save 
 Washington, was more revered. No man could boast of such 
 a remarkable career. To give more than a bare outline of 
 this here would be the work of supererogation. 
 
 He was the son of Josiah Franklin and Mary Folger; was 
 born at Boston, Mass. , January 17, 1706. Apprenticed to his 
 brother James as a printer, after a few years, owing to a dis- 
 agreement, he left home and established himself in Philadel- 
 phia. He worked as a iourneyman printer in London in 
 1725, but returned the next year to Pennsylvania, subse- 
 quently becoming editor and proprietor of the Pennsylvania 
 Gazette^ and publisher of Poor Richard's Almanac. In 1731 
 he assisted in founding the Philadelphia Library; became 
 clerk to the Assembly in 1736; postmaster of Philadelphia in 
 1737; and in 1753 was deputy postmaster-general of the Brit- 
 ish Colonies. On October 4, 1748, he was chosen one of the 
 Common Councilmen of the city of Philadelphia; and on Oc- 
 tober I, 1751, alderman. In 1752 he made the discovery of 
 tfie identity of lightning with the electric fluid. In 1754, as 
 a commissioner from Pennsylvania to the Albany Congress, 
 he prepared the plan of union for the common defence 
 adopted by that body. During the French and Indian wars 
 he was commissioned a Colonel in the provincial service, and 
 in 1755 superintended the furnishing of transportation for the 
 supplies of Braddock's army. He served as a member of the 
 Assembly from 1751 to 1763, the latter year being speaker; 
 from 1757 to 1762, and again from 1765 to 1775, he was the 
 agent of the province to Great Britain, spending most of his 
 time in England, and while there aided in securing the repeal 
 of the obnoxious stamp act. In 1763 the Universities of Ox- 
 ford and Edinburgh conferred on him for his scientific dis- 
 coveries the degree of LL. D., he having been previously 
 honored with a membership in the Royal Society, and by 
 being the recipieiit of the Copley gold medal. From 1773 to 
 
Sketches of the Members of the Federal Convention. 701 
 
 1775 he was again elected to the Assembly. Returning to 
 Philadelphia in the spring of 1775, he was chosen a member 
 of the continental Congress. He was a member of the pro- 
 vincial conference at Carpenters' Hall, June 18, 1775, and of 
 the Committee of Safety from June 30, 1775, to July 22, 
 1776. While in Congress he was one of the committee to 
 prepare, as he was also a signer of the Declaration of Inde- 
 pendence. He was a member of the constitutional conven- 
 tion of July 15, 1776, and chosen its President. From the 
 close of 1776 to September, 1785, he was the American Am- 
 bassador to France, and secured the treaty of alliance with 
 that country, signed February 6, 1778, which greatly assisted 
 in securing the independence of the colonies. He took a 
 prominent part in negotiating the preliminary treaty of peace 
 with England, which was signed at Paris, November 30, 
 1782, and with Adams and Jay signed that at Ghent, Septem- 
 ber 3, 1783. He was President of Pennsylvania from October 
 17, 1785, to November 5, 1788, declining on account of his 
 advanced years to continue in office. In May, 1787, he was 
 a delegate to the convention which framed the constitution 
 of the United States. He died in the city of Philadelphia; 
 April 17, 1790. 
 
 Thomas Miffun was born in Philadelphia in 1744. It 
 was the intention of his father that he should be a merchant, 
 and after he had graduated at the College of Philadelphia he 
 was placed in the counting-house of William Coleman. 
 When he was 21 years of age be visited Europe to improve 
 his knowledge of commercial affairs and after his return 
 home entered into business with his brother, the connection 
 continuing until after the commencement of the Revolution. 
 His interest in public affairs began while he was quite a 
 young man, and in 1765 he signed the famous non-importa- 
 tion agreement, opposing the stamp act. In 1772 he was 
 chosen one of the two representatives of Philadelphia in the 
 Assembly, and was so continued until 1776. He was a dele- 
 gate to the Congress of 1774, that met in Carpenters' Hall. 
 In 1775 he was Colonel and Adjutant-General of the conti- 
 nental army. Brigadier General in 1776, Major General in 
 
702 Sketches of the Members of the Federal Convention. 
 
 1777. In the latter part of that year he resigned his position 
 and was chosen a member of the Board of War. In 1780 he 
 was again engaged in mercantile pursuits. He was a mem- 
 ber of the continental Congress in 1783 and 1783, serving as 
 President during the latter year. He was Speaker of the 
 Assembly in 1785-88; member of the Federal Convention 
 1787; President of the Supreme Executive Council 1788-90; 
 President of the constitutional Convention of Pennsylvania 
 in 1790; Governor of Pennsylvania from 1790-9; member of 
 the lycgislature 1 799-1800, dying in January of the latter 
 year. 
 
 Miflain was a fluent speaker, and used his powers to the 
 utmost in organizing an opposition to the Boston Port Bill 
 and similar measures. In the darkest days of the Revolu- 
 tion, when Washington's army reduced to a handful was 
 retreating through Jersey, Mifflin, at the request of Congress, 
 went through the State, addressing the people at all the 
 principal points, urging them to join Washington with as 
 little delay as possible. So successful was he that some of 
 the militia reached the army before it had crossed the Dela- 
 ware, and the thousands that soon poured into camp, made 
 the advance that resulted in the victory at Princeton a neces- 
 sity. Unfortunately for the reputation of Mifflin, h-e after- 
 wards associated with Gates and Conway, and his name has 
 come down in history as one who sought to remove Wash- 
 ington from command of the army. While he left on record 
 a solemn protest that his action was dictated by the purest 
 patriotism, it is impossible not to believe that his judgment 
 was warped by jealousy excited by the preference Washing- 
 ton showed for others. While Mifflin was President of Con- 
 gress the war closed and Washington resigned his commis- 
 sion. It was tendered personally to Mifflin, whose reply to 
 the few words uttered by Washington were dignified and 
 eloquent. "We join you," he said, "in commending the 
 interests of our dearest country to the protection of Almighty 
 God, beseeching Him to dispose the hearts and minds of its 
 citizens to improve the opportunity afforded them to become 
 a happy and respectable nation. And for you we address to 
 
Sketches of the Members of the Federal Convention. 703 
 
 Him our earnest prayers that a life so beloved may be fos- 
 tered with all His care ; that your days may be as happy as 
 they have been illustrious ; and that He will finally give you 
 that reward which this world cannot give." 
 
 Whatever Mifflin's sentiments were at one time regarding 
 Washington, the latter harbored no ill feelings in return, and 
 on several subsequent occasions was Mifflin's guest. Al- 
 though a warm advocate of the adoption of the constitution, 
 Mifflin subsequently belonged to the republican or anti-fed- 
 eral party, but this did not prevent him from supporting the 
 general government in the suppression of the Whisky Insur- 
 rection. The elder Rawle, who knew him personally, says: 
 "In person he was remarkably handsome, though his stature 
 did not exceed five feet eight inches. His frame was athle- 
 tic, and seemed capable of bearing much fatigue." 
 
 Robert Morris, the financier of the American Revo- 
 lution, was born in Liverpool on the 31st of January, 1734. 
 Prior to 1740 he came with his father, also Robert Morris, to 
 America, and settled in Oxford county, Maryland. While 
 quite young, Robert, the son, was sent to Philadelphia, and 
 entered the counting house of Charles Willing, and in 1754 
 formed a partnership with his son, Thomas Willing, which 
 lasted until 1793. In 1765 he vigorously opposed the Stamp 
 Act, and signed the non-importation agreement. Upon the for- 
 mation of the Committee of Safety in 1775, he was made its 
 Vice-President, and continued in that office until its disso- 
 lution in 1776. He was a member of the second continental 
 Congress that met in Philadelphia in 1775, and served on 
 committees for furnishing the colonies with a naval arma- 
 ment and for procuring money for Congress. When the 
 question of Independence came up for final action on July 2, 
 1776, Morris voted against it, and on the Fourth, when the 
 Declaration was submitted for approval, absented himself 
 from Congress, as in his opinion it was "an improper time" 
 for such a measure. He subsequently, however, signed the 
 engrossed Declaration. 
 
 In December, 1776, when the Congress retired to Balti- 
 more, he was one of the committee left behind to attend to 
 
704 Sketches of the Members of the Federal Convention, 
 
 public business, and it was at that time on his personal credit 
 he raised the money that kept the army together and enabled 
 Washington to follow up his advantage at Trenton with his 
 victory at Princeton. On July 9, 1778, he signed the Articles 
 of Confederation, and in 1780 organized the Bank of Penn- 
 sylvania to supply the army with provisions for two months, 
 to which he subscribed ;^io,ooo. On May 14, 1781, he ac- 
 cepted the office of Superintendent of Finance, a position he 
 held until November i, 1784. His success in bringing order 
 out of the chaotic state into which the finances of the country 
 had fallen is too well known to require more than mention. 
 ' ' The Bank of North America, ' ' the first incorporated bank 
 in the United States, was organized by him to aid him in the 
 work, and his own fortune was frequently risked for the cause 
 of his adopted country. 
 
 In accepting the position of financier he wrote: "The 
 United States may command everything I have except my 
 integrity, and the loss of that would eflfectually disable me 
 from serving them more. ' ' 
 
 As a member of the federal convention, Mr. Morris urged 
 that Senators should be chosen for life, and that they should 
 be "men of great and established property." Entertaining 
 such views, he had naturally many opponents, and in the dis- 
 cussions of the day he was vigorously attacked. He was one 
 of the first senators from Pennsylvania under the constitu- 
 tion. After his retiring from public life he entered into vast 
 speculations in unimproved lands, that eventually wrecked 
 his immense fortune, and for a period of over three years and 
 a half he was an inmate of a debtors' prison. He was released 
 on the i6th of February, 1798, and died on May 7, 1806, in 
 his seventy-third year. 
 
 George Clymer was the son of Christopher and Deborah 
 Clymer. He was born in Philadelphia June i, 1739. His 
 parents died in 1740, and he was adopted by his uncle, Wil- 
 liam Coleman, a prominent merchant of Philadelphia. He 
 was educated at the College of Philadelphia, but not formally 
 graduated, and entered the counting house of his uncle, where 
 he obtained an extensive knowledge of mercantile affairs. In 
 
Sketches of the Members of the Federal Convention. 705 
 
 1765 he opposed the stamp act and signed the non-importa- 
 tion agreement. After having occupied a number of positions 
 of honor and trust of a public character, and having served 
 on many of the committees appointed at the outbreak of the 
 Revolution, Mr. Clymer, on July 20, 1775, was chosen one 
 of the treasurers of the Continental Congress, his colleague 
 being Michael Hillegas. Prom October 20, 1775, until July 
 22, 1776, Mr. Clymer was a member of the Committee of 
 Safety, and was also a delegate to the constitutional conven- 
 tion of 1776. By that body he was chosen a delegate to the 
 continental Congress, and on August 2d signed the engrossed 
 copy of the Declaration of Independence. He was also 
 elected to Congress in 1778, 80 and 81, and was repeatedly 
 chosen a member of the Assembly of Pennsylvania. 
 
 Few men served the public more faithfully or in more 
 diversified ways. Well educated, with refined tastes, and 
 ample fortune to indulge them, he shrank from no responsi- 
 bility laid upon him, although at utter variance with his re- 
 tiring disposition. As captain of a company of militia he 
 took part in several campaigns. As a member of a Com- 
 mittee of Congress when that body fled in panic to Baltimore, 
 he remained in Philadelphia with Robert Morris to attend 
 public business. He visited Fort Pitt to pacify the savages 
 in that quarter during the Revolution, and after the adoption 
 of the constitution assisted in forming a treaty with the 
 Creeks and Cherokees in Georgia. He was active in organ- 
 izing the temporary Bank of Pennsylvania in 1780, and sub- 
 scribed ;^5,ooo to its capital. He was one of the first direc- 
 tors of the Bank of North America, and subsequently 
 president of the Philadelphia Bank. When it is remembered 
 how the need of a Federal government was made manifest 
 through the disordered condition of the finances of the 
 country, it is not surprising that a person so versed in mone- 
 tary affairs as Mr. Clymer, should have been selected as a 
 delegate to the general convention. In that body he bore a 
 conspicuous part, and when the constitution was submitted 
 to the States it was he who, in the assembly, moved the call- 
 ing of a convention for its consideration, thus securing the 
 45 
 
7o6 Sketches of the Members of the Federal Convention. 
 
 early support of Pennsylvania, the first large State that rati- 
 fied the constitution, and second only in point of time to 
 Delaware. Under the constitution Mr. Clymer served as a 
 representative from Pennsylvania during the first Congress. 
 In the Legislature of the State he urged a revision of the 
 penal code, and a lessening of its rigorous measures, contend- 
 ing successfully that capital punishment should only be in- 
 flicted in extreme cases. He was the first president of the 
 Academy of the Fine Arts; Vice-President of the American 
 Philosophical Society and of the Philadelphia Agricultural 
 Society. He died at the residence of his son, near Morris- 
 ville, Bucks county, June 24, 1813, in the seventy-fourth 
 year of his age. 
 
 Thomas Fitzsimons was born in Ireland in 1741. The 
 victim of oppression, he came to this country between the 
 years 1763 and 1765 and settled in Philadelphia, where he en- 
 gaged in mercantile pursuits. Not long after, he married the 
 daughter of Mr. Robert Meade, the great-grandfather of the 
 late Gen. George G. Meade, and formed a partnership with his 
 brother-in-law, who was one of the prominent merchants and 
 ship-owners of Philadelphia. He warmly espoused the cause 
 of the Colonies in their contest with the mother country, and 
 raised and commanded a military company. He was with 
 General Cadwalader at Bristol and Burlington, in the move- 
 ments contemporary with the battles of Trenton and Prince- 
 ton, and was also a member of the Council of Safety, and of 
 the Navy Board. His house subscribed, in 1780, ;^5,ooo to 
 supply the necessities of the army. In 1782, he was elected a 
 member of the continental Congress, and took a leading part 
 in the debates on the financial situation. After the peace he 
 was for several years a member of the General Assembly of 
 Pennsylvania, and in 1787 he became a member of the Federal 
 Convention. He opposed universal suffrage and contended 
 that the privilege of voting should be restricted to freeholders. 
 He favored giving Congress the power to tax exports as well 
 as imports, and argued that the House of Representatives 
 should be united with the President, as well as the Senate, in 
 making treaties. In the great federal procession in Phila- 
 
Sketches of the Members of the Federal Convention. 707 
 
 delphia, July 4th, 1788, by which the ratification of the con- 
 stitution by ten States was celebrated, Mr. Fitzsimons ap- 
 peared, representing the French alliance, mounted on a horse 
 formerly owned by Count Rochambeau, and carrying a flag 
 of white silk, emblazoned with the ensigns of France and the 
 United States. When the National Government was organ- 
 ized, Mr. Fitzsimons was elected by the city of Philadelphia 
 a member of Congress, and remained so until 1795. His 
 views upon all questions of commerce, finance and exchange 
 were highly valued. He also was a conspicuous advocate of 
 a protective tariffi In 1794, he failed of a re-election, that 
 year proving disastrous to the Federalists. With his retire- 
 ment from Congress, his political career closed. He was a 
 trustee of the University of Pennsylvania; a founder and di- 
 rector of the Bank of North America; a director and subse- 
 quently President of the Insurance Company of North 
 America. He was a member of the Catholic church. He is 
 described as a man of commanding figure, and of agreeable, 
 though stately and reserved manners. He died August 26th, 
 1811. 
 
 Jared Ingersoll* was the only child of Jared Ingersoll, of 
 Connecticut, who represented that colony as commissioner in 
 England when Franklin resided there in a similar capacity 
 for Pensylvania. The family was altogether and exclusively 
 English, without Scotch, Irish, German, Swiss, French, 
 Spanish, or any others of the foreign lineage common in so 
 many other Americans, and had been Americanized by more 
 than a century's descent in New England, when Jared Inger- 
 soll, the second, was born. In 1 761-3, his father returned 
 from England with the obnoxious appointment, which his 
 friend Franklin there induced him to undertake, of Stamp- 
 Master General for the New England Colonies. Compelled 
 by a tumultuous assemblage of his fellow colonists forcibly to 
 relinquish that place, Jared Ingersoll the elder was then ap- 
 pointed Admiralty Judge for the colony of Pennsylvania, 
 whereupon he removed to Philadelphia, where he resided 
 till the Revolution. 
 
 * By Charles J. Ingersoll in Lives of Eminent Philadelphians, 
 
7o8 Sketches of the Members of the Federal Convention. 
 
 His son Jared, after graduating at Yale College, chose 
 Philadelphia for his residence and the Bar for his profession. 
 Repairing to England to accomplish his professional education, 
 he was entered of the Middle Temple ; and during five years, 
 passed in I^ondon, diligently studied the science of law, and 
 attended its practice in the courts. Mansfield, Blackstone, 
 Chatham, Garrick and other luminaries of that period were 
 objects of his constant attention, and of his correspondence, 
 and ever after among the pleasures of his memory. Litera- 
 ture, as well as law, was his study; polite society his enjoy- 
 ment. He formed acquaintances with the distinguished law- 
 yers and members of Parliament. 
 
 Soon after the American Revolution was completely pro- 
 nounced he espoused its cause with the considerate prefer- • 
 ence of youthful patriotism. Although the only child of a 
 loyalist, he did not hesitate, without filial offence, to side 
 with his own against the mother country, where he had for 
 several years resided. 
 
 Taking, therefore, his departure from a country to which 
 he disclaimed allegiance, he passed over to France, and spent 
 a year and a half in Paris. There he added the French lan- 
 guage to his acquirements. His father's friend, Franklin, 
 living at Passy, as Minister of the United States, kindly wel- 
 comed Mr. IngersoU there. With Ralph Izard, appointed 
 Minister to Italy, but staying in Paris, John Julius Pringle, 
 of South Carolina, and other afterwards distinguished Ameri- 
 cans, Mr. IngersoU likewise formed intimacies in Paris, 
 which subsisted during life. These southern associations, 
 without diminishing his native eastern attachments, liberal- 
 ized his patriotism, freed him from local and sectional preju- 
 dices, and imbued his politics with that spirit of enlarged na- 
 tionality in which, following Washington, he always abided. 
 
 Returning by a winter-passage in a small schooner, he 
 escaped the perils of the sea and hostile capture, and attained 
 as a superior lawyer, the place he ever after occupied at the Bar 
 of Philadelphia., Philadelphia was then the seat of Govern- 
 ment, both Federal and State. The Supreme Court of the 
 United States and of the State held their sessions there, 
 
ii [ 1^Jr { ivS^ 
 
 GOUVEKN'EIJR MOKRIS. 
 
 J^rom th^ Jlf-ainiiin^ ^ M« M^anaZ J^Aseurn,. PAU^ 
 
Sketches of the Members of the Federal Convention. 709 
 
 where the most elevated jurisprudence in every branch of law 
 was dispensed. In these courts Jared IngersoU soon rose to 
 the first rank. His practice was larger than that of any 
 others. His opinions were taken on all important contro- 
 versies, his services engaged in every great litigation. 
 
 In 1787 he was chosen one of the Pennsylvania delegates to 
 assist in forming the constitution of the United States. 
 Twice Attorney General of the State at different periods, 
 for a short time District Attorney of the United States for 
 - Pennsylvania, and oifered the Chief Judgeship of the Federal 
 Court created in 1801, his large practice prompted him to de- 
 cline all these eminent stations. During a long career he 
 had no superior at the Bar. Eminent for wisdom and elo- 
 quence, he was equally so for probity and honor. Contribut- 
 ing liberally to every improvement introduced for the city 
 of Philadelphia and the State of Pennsylvania, he ended 
 his useful and exemplary life as President Judge of the Dis- 
 trict Court of Philadelphia, October 31st, 1822, in the seventy- 
 third year of his age. 
 
 James Wilson. — For a sketch of James Wilson see page 
 757- 
 
 GouvERNEUB. Morris was a grandson of Richard Morris, 
 the first of the family to come to America, and who pur- 
 chased a large estate in West Chester county. New York, 
 invested with manorial privileges, which he called Morris- 
 ania. He was the youngest son, by a second marriage, of 
 lycwis Morris, for some time Governor of New Jersey,, and 
 was born 31st January, 1752. Graduating from Kings, now 
 Columbia College, in 1768, he began to read law under Wil- 
 liam Smith, Esq., who was subsequently Chief Justice of the 
 Province of New York, and in October of 1771 was admitted 
 to practice, being not quite twenty years of age. 
 
 From the beginning of his career, Gouverneur Morris took 
 a lively interest in public affairs, and in 1775 he was elected 
 a delegate to represent the county of West Chester in the 
 congress convened on 32d May in the city of New York. He 
 continued almost without interruption a member of this body 
 
7IO Sketches of the Members of the Federal Convention. 
 
 under its different names of congress, convention and Com- 
 mittee of Safety; was a member of the committee which 
 drafted the State constitution of 1776; and when the reso- 
 lution of the continental Congress recommending a new form 
 of government came up for consideration, he spoke with force 
 and ability. "Sir," said he, "these and ten thousand other 
 reasons will serve to convince me that to make a solid and 
 lasting peace, with liberty and security, is utterly impractic- 
 able. My argument, therefore, stands thus: As a connection 
 with Great Britain cannot again exist without enslaving 
 America, an independence is absolutely necessary. I cannot 
 balance between the two. We run a hazard in one path, I 
 confess; but then we are infallibly ruined if we pursue the 
 other." 
 
 New York was the last State to sign the Declaration of In- 
 dependence, her delegates to Congress not being empowered 
 to act independently of the New York convention. But no 
 time was lost. The convention met on the 9th of July, and 
 on that day a copy of the act was received and a resolution of 
 approval passed. To Mr. Morris was entrusted the drafting 
 of the reply to the delegates from New York in the continen- 
 tal Congress. It should also be noted, that he endeavored to 
 introduce an article recommending the future Legislature to 
 take measures for the abolishment of domestic slavery. 
 
 In 1778, Gouverneur Morris was sent to the continental Con- 
 gress, then seated at York, Pennsylvania, and on the day his 
 credentials were approved, he was appointed a member of the 
 committee to investigate the condition of the army at Valley 
 Forge. From this date began the friendship with Washing- 
 ton, which continued through life. He also served on many 
 standing and special committees, and was chairman of three. 
 His ardent interest in the cause of the Colonies did not meet 
 with the approbation of his mother and other members of the 
 family, and he also incurred the displeasure of his early friend 
 and adviser, Judge William Smith. Not being returned to 
 Congress, after a service of five years, Gouverneur Morris be- 
 gan the practice of his profession in Philadelphia, and became 
 a citizen of Pennsylvania. In May of 1780, by a fall from 
 
Sketches of the Members of the Federal Convention. 
 
 rii 
 
 his carriage, Mr. Morris received an injury that resulted in 
 the loss of a leg. Robert Morris— to whom he was not re- 
 lated—appointed him, in 1781, Assistant Superintendent of 
 the Finances, in which position he served with ability for 
 three years and a half. General Washington appointed Mor- 
 ris and Gen. Knox, on behalf of the United States, to consult 
 with the British Commissioners with regard to the exchange 
 of prisoners, the first meeting taking place in March of 1782. 
 Gouverneur Morris was a delegate from Pennsylvania to the 
 convention called for framing the constitution of the United 
 States, which met in Philadelphia in May of 1787, and to his 
 pen is due the clear and forcible language in which the con- 
 stitution is expressed. Although dissenting from the ma- 
 jority of his colleagues on many important points, when the 
 Constitution was adopted he signed it with entire willingness. 
 
 In December of 1788, Mr. Morris sailed for Europe, with 
 confidential letters from Washington, and while abroad was 
 appointed Minister Plenipotentiary to the Court of France. 
 On the recall, in 1793, of M. Genet, the Minister of France, 
 being demanded by the United States, that of Mr. Morris was 
 requested by France, and in 1794 he was succeeded by James 
 Monroe. On his return to America, he established himself 
 at Morrisania, intending never again to enter upon public 
 life, but in 1800 he was chosen to the Senate of the United 
 States to fill a vacancy, and served three years. In politics he 
 was a federalist, but during the "Tie Controversy," he dif- 
 fered with his party and approved the choice of Jefferson. 
 
 Gouverneur Morris was a man of strong convictions. In 
 political life he was too independent to be trammelled by the 
 dictates of party, and in private life his integrity was above 
 suspicion; in neither was he influenced by low aims or selfish 
 ambitions. He lived not for fame, but for duty; not for self, 
 but for his country. He died 6th November, 1816. 
 
CHAPTER IX. 
 
 SKETCHES OF THE MEMBERS OF THE PENNSYLVANIA 
 CONVENTION. 
 
 BY W. H. EGI.B, M. D. 
 
 Allison, John, of Franklin county, was born in Antrim 
 township, that county, December 23, 1738. His father, 
 William Allison, was a native of the north of Ireland, where 
 he was born on the 12th of November, 1693; came to America 
 about 1730, and located in the Cumberland Valley, where he 
 died on the 14th of December, 1778. John, the second son, re- 
 ceived a thorough English and classical education, chiefly 
 under the care of the Scotch- Irish Presbyterian ministers of 
 the locality. As early as October, 1764, he was appointed 
 one of the provincial magistrates for Cumberland county, and 
 reappointed in 1769. At a meeting of the citizens of that 
 county, held at Carlisle on July 12, 1774, he was appointed 
 on the Committee of Observation for Cumberland, and be- 
 came quite active in the struggle for independence. He was 
 a member of the provincial conference held at Carpenters' 
 Hall, i8th of June, 1776, and appointed by that body one of 
 the judges of the election of members to the first Constitu- 
 tional Convention for the second division of the county, at 
 Chambersburg. He was in command of one of the Asso- 
 ciated battalions of Cumberland county during the Jersey 
 campaigns of 1776 and 1777, and a member of the General 
 Assembly in 1778, 1780, and 1781. In the latter year he laid 
 oiit the town of Greencastle, which has grown to be one of 
 the most flourishing towns in the Cumberland Valley. In 
 1787 he was chosen a delegate to the Pennsylvania conven- 
 tion to ratify the federal constitution, and in that body sec- 
 onded the motion of Thomas McKean to assent to and ratify 
 it. At the first federal conference, held at I^ancaster in 1788, 
 
 (712) 
 
Sketches of the Members of the Convention. 713 
 
 he was nominated for Congress, but defeated at the election 
 that year. Colonel Allison died June 14, 1795. 
 
 Arndt, John, of Northampton county, son of Jacob Arndt, 
 was born 3d of June, 1748, in Bucks county, province of 
 Pennsylvania. His father removed to Northampton county 
 in^ 1760, where he erected what was long known as Arndt' s 
 mill, on the Bushkill, and here most of his life was spent. 
 At the outset of the war of the Revolution he became one of 
 the leading spirits in that struggle. He was captain of a com- 
 pany in Colonel Baxter's battalion of Northampton county 
 of the "Flying Camp," and in the battle of Long Island was 
 wounded and taken prisoner. He was soon after exchanged, 
 and on the 25th of March, 1777, was commissioned register of 
 wills; and justice of the peace, June, 1777. ■ He was appointed 
 one of the commissioners to take subscriptions for the conti- 
 nental loan, December 16, 1777; and commissary of purchases 
 in Pennsylvania, February 9, 1778. While filling this latter 
 position he advanced large sums of money to the government, 
 most of which was refunded to him. He served on the Com- 
 mittee of Safety for the county, was one of its most efiScient 
 members, and earnestly devoted to the patriot cause; was 
 appointed by the General Assembly one of the commissioners 
 to settle the accounts of the County Lieutenants, December 4, 
 1778; and one of the Commissioners of Exchange, April 5, 
 1779. He was elected a member of the Council of Censors, 
 1783-84; delegate to the Pennsylvania convention to ratify 
 the federal constitution, 1787; and chosen an elector at the 
 first presidential election following. In 1783, when Dickin- 
 son College was incorporated, he was named one of the origi- 
 nal trustees. He served several years as county treasurer, was 
 appointed recorder of deeds and clerk of the Orphans' Court, 
 May 22, 1788, and continued in office under the constitution 
 of 1790 until the election of Governor McKean, when he was 
 removed. Under the act of 1796 the county records were re- 
 quired to be kept at the county seat, when Mr. Arndt took 
 up his residence at Easton, where, after going out of office, 
 he devoted the balance of his life to mercantile pursuits. In 
 1796 he was nominated for Congress, but defeated by ninety 
 
714 Sketches of the Members of the Convention. 
 
 votes. During the so-called Fries Insurrection of 1798 his 
 utmost exertions were given to the preservation of law and 
 order, and his wise and judicious counsels were heeded by 
 many of the rebellious. Henry says that Mr. Arndt ' ' as 
 mineralogist and botanist held no mean rank ; and his corres- 
 pondence with Rev. Mr. Gross and other clergymen shows 
 that he was a pious man. ' ' Captain Arndt died on the 6th 
 of May, 1814. 
 
 AsHMEAD, Samuel, of the county of Philadelphia, the son 
 of John Ashmead, was born in 1731. Little is known of his 
 early history, save that he received a good education and was 
 brought up to mercantile pursuits. Early in life he was com- 
 missioned one of the provincial magistrates; on January 16, 
 1767, appointed an associate justice of the Court of Common 
 Pleas, and recommissioned April 27, 1772; and in 1773-74 
 became presiding justice of the courts. He was a delegate to 
 the provincial convention held at Philadelphia, January 23, 
 1775, and served in the General Assembly in 1782, 1783 and 
 1789. In 1787 he represented his county in the convention 
 to ratify the federal constitution. Mr. Ashmead died at his 
 residence in the Northern Iviberties on the 19th of March, 
 1794, and was interred on the 21st in the Baptist Church 
 burial-place. 
 
 Baird, John, of Westmoreland county, was born about 
 1740, in Lancaster, now Dauphin county. He removed to 
 Westmoreland county about 1770, in company with some 
 Scotch-Irish neighbors, and took up land in what was after- 
 wards Huntingdon township. He appears to have been a 
 man of mark west of the Alleghenies, but in all the histories 
 recently published no mention is made of him. He served 
 as one of the overseers of the poor in 1773; was appointed by 
 the constitutional convention of 1776 one of the board of 
 commissioners for Westmoreland county, and commissioned 
 a justice of the peace June 11, 1777. During the war of the 
 Revolution, and in the border wars of his section, he was 
 very efficient in recruiting the military forces. He was a 
 member of the Supreme Executive Council from November 
 18, 1786, to November 25, 1789; and a delegate to the Penn- 
 
Sketches of the Members of the Convention. yir 
 
 sylvania convention to ratify the federal constitution in 1787, 
 but his name was not signed to the ratification. He was 
 one of the members of the anti-constitution party who were 
 mobbed in the city of Philadelphia on the 6th of Novem- 
 ber, 1787. He was a member of the General Assembly in 
 1 789-' 90, and of the House of Representatives in 1790 and 
 1 791. Under the constitution of 1790, he was commissioned 
 one of the associate judges of the county, August 17, 1791. 
 Mr. Baird, we are inclined to believe, died about the begin- 
 ning of the present century. 
 
 Baker, Hilary, of the city of Philadelphia, was bom in 
 Germantown about 1750. He was the son of Hilarius Becker, 
 or Baker, who in 1761 was elected teacher of the Germantown 
 Academy, he having "for some time past kept a German 
 school in Germantown. " It is naturally to be supposed that the 
 son received a good classical education, which he did; entered 
 mercantile life, became an iron merchant, which business he 
 carried on for some years. He was commissioned clerk of 
 the Court of Quarter Sessions for the county of Philadelphia, 
 August 19, 1777, which position he filled several years; was 
 appointed interpreter of English and German resident at 
 Philadelphia, February 4, 1779, and the same day notary 
 public for the State. On the nth of March, 1789, by act of 
 the General Assembly, he was appointed an alderman of the 
 city, and reappointed under the act of April 4, 1796. He 
 was chosen a delegate to the State convention of 1787 on the 
 Republican ticket, and served as a member of the State con- 
 stitutional convention of 1789-90. He was elected mayor 
 of Philadelphia in April, 1796, re-elected in October that 
 year, and again in October, 1797. He died while filling that 
 position on the 25th of September, 1798, of yellow fever. In 
 the war for independence he was a firm patriot, and in every 
 official position he proved a faithful citizen. 
 
 Balliet, Stephen, of Northampton county, was born in 
 1753, in Whitehall township, that county. His father, Paul 
 Balliet, was of Huguenot ancestry, and a native of Alsace, 
 who came to Pennsylvania in 1738. His mother was Maria 
 Magdalena Watring, a native of Lorraine. Stephen acquired 
 
7i6 Sketches of the Members of the Convention. 
 
 a very limited education, and was brought up to mercantile 
 life under his father. During the war of the Revolution he 
 commanded one of the battalions of Northampton Associators 
 in 1777 and 1778, and was in active service at the battle of 
 Brandywine. He was appointed agent for forfeited estates 
 in Northampton county, May 6, 1778; was a member of the 
 Supreme Executive Council from October 20, 1783, to Octo- 
 ber 23, 1786, and member of the Pennsylvania convention to 
 ratify the federal constitution in 1787. He was appointed 
 one of the commissioners to superintend the drawing of the 
 Donation I/and Lottery, October 2, 1786, and also in relation 
 to the Wyoming controversy, June i, 1787. He served as a 
 member of the General Assembly from 1788 to 1790, and of 
 the House of Representatives from 1794 to 1797. For sev- 
 eral years, under a commission dated October 25, 1797, he 
 filled the office of revenue collector of the second district of 
 Pennsylvania for the United States direct tax. Scattered 
 through the Provincial and State records are various refer- 
 ences to him, going to show that he was an active and effi- 
 cient officer. During the so-called Fries Rebellion, Mr. 
 Burkhalter, a collector, was beaten, and the blame thrown 
 upon the insurrectionists; but a circular, signed by Jonas 
 Hartzel, Nicholas Kern, and A. Thorn, stated "that the 
 beating Mr. Burkhalter received was from his own brother- 
 in-law, Stephen Balliet, and that it was a family difference 
 which gave rise to the flagellation." Colonel Balliet died 
 August 4, 182 1. 
 
 Barclay, John, of Bucks county, was born in 1749 in that 
 county. He was the son of Alexander Barclay, an officer of 
 the Crown under the proprietary government, and received 
 a classical education. At the outset of the Revolution he 
 entered the service, and was commissioned, January 8, 1776, 
 an ensign in the fourth battalion. Colonel Anthony Wayne; 
 promoted second lieutenant October i, 1776; commissioned 
 first lieutenant in the fifth regiment of the Pennsylvania 
 Line January i, 1777; promoted captain-lieutenant June 13, 
 1777; and retired the service January i, 1781, with the brevet 
 rank of captain. He was appointed justice of the peace 
 
Sketches of the Members of the Convention. 717 
 
 December 23, 1782; one of the justices of the Court of Quar- 
 ter Sessions, August 14, 1788; and presiding justice of the 
 Court of Common Pleas, February 27, 1790. In 1787 he was 
 chosen one of the delegates to the Pennsylvania convention 
 to ratify the federal constitution, and served as a member of 
 the State constitutional convention of 1789-90, under which 
 he was appointed an associate judge of the courts of Bucks 
 county, serving from August 17, 1791, to January 2, 1803. 
 He also represented the district comprising his own and a 
 portion of Philadelphia county in the State Senate. Captain 
 Barclay afterwards removed to the Northern Iviberties, Phila- 
 delphia, where he continued to reside until his death, filing 
 for some time the presidency of the Bank of the Northern 
 Iviberties of that district. He was a member of the Pennsyl- 
 vania Society of the Cincinnati, and was succeeded by his 
 son, John Louis Barclay, in 1832. He died September 15, 
 1824, at the age of seventy-five years. 
 
 Bard, Richard, of Franklin county, was born in 1735. 
 His father, Bernard Bard, was an early settler on "Carroll's 
 tract," York, now Adams county, where he established what 
 was for years known as "Bard's mill," and subsequently 
 "Marshall's." Here, on the morning of 13th of April, 1758, 
 the house was invested by a party of nineteen Indians, and 
 Richard Bard and his wife were made prisoners by the In- 
 dians. An account of their captivity was prepared by their 
 son, Archibald Bard, and published in Pritt's "Border Life." 
 Subsequently they removed near Thomas Poe's, in now 
 Franklin county, Mrs. Bard being his daughter. He erected 
 a stone house near Mercersburg, which is still standing. 
 During the war of the Revolution Mr. Bard greatly assisted 
 in organizing the troops, and commanded a company of 
 rangers on the frontiers of Cumberland county to protect the 
 settlers in gathering their crops. He was appointed a justice 
 of the peace March 14, 1786, and was a delegate to the Penn- 
 sylvania convention to ratify the federal constitution, but 
 did not sign the ratification. He was one of the delegates to 
 the Harrisburg conference of September, 1788, in opposition 
 to that instrument. He was a gentleman of considerable 
 
7i8 Sketches of Ike Members of the Coiiventioti. 
 
 ability, but his hostility to the federal constitution placed 
 him in the background. 
 
 Bishop, John, of Berks county, was born March 4, 1740, 
 in Exeter township, that county, his father, John Bishop, 
 coming to Pennsylvania with the Boones and Lincolns. He 
 was brought up as a farmer, an occupation he was engaged 
 in all his life, although other enterprises engrossed much of 
 his attention. He had extensive business connections, and 
 became an ironmaster. He was a large landholder, not only 
 in Berks county, but in the Valley of Virginia. As a conse- 
 quence, he was more or less prominent and influential in 
 public affairs. During the Revolution he greatly aided the 
 county lieutenants in organizing the Associators and militia, 
 by advancing large sums of money in emergencies. He was 
 elected to the General Assembly, serving from 1781 to 1784, 
 and chosen a delegate to the Pennsylvania convention to 
 ratify the federal constitution in 1787. He did not sign the 
 ratification, and the year following was a member of the 
 Harrisburg conference which protested so loudly against that 
 instrument. He filled the office of county auditor in 1797- 
 98, and represented Berks in the State legislature in 1805- 
 06. He died at his residence in Exeter township the 3d of 
 September, 18 13, aged seventy- two years. 
 
 Black, John, of York county, was born in that county 
 about the year 1750. His father, Robert Black, was an early 
 settler in that section, but in the great Scotch-Irish immigra- 
 tion to the southward removed to North Carolina when his 
 son John was an infant. Hence the statement of his being 
 born there. He entered Nassau Hall in the junior year, 1769, 
 graduating in 1771. He was licensed by Donegal Presbytery, 
 October 14, 1773, and was ordained and installed pastor of 
 Upper Marsh Creek Congregation, York county, August 15, 
 J 775. For almost nineteen years he served that congrega- 
 tion. During that period the old log church was replaced by 
 a stone structure. As a preacher he possessed a high order 
 of talent, and was undoubtedly a strong man. He was quite 
 prominent in public affairs, but lost much of his hold upon 
 the community and the church by his vigorous measures in 
 
Sketches of the Members of the Convention. jiq 
 
 the cause of temperance. In this he was bold and outspoken. 
 In a Scotch-Irish neighborhood this was not wisdom. As a 
 result, owing to this fact, as also to the exodus of many of 
 his congregation westward at the close of the Revolution, the 
 Presbytery relieved him from his charge at his own request, 
 April lo, 1794. The only secular office he ever held was 
 delegate to the Pennsylvania convention to ratify the federal 
 constitution in 1787. The Rev. Mr. Black remained several 
 years in the neighborhood of his flock, ministering occasion- 
 ally to the remnants of a Reformed Dutch church near by. 
 He afterwards received a call from the churches of Unity 
 and Greensburg, in Westmoreland county, Pennsylvania, ac- 
 cepted it, became a member of the Presbytery of Redstone, and 
 was installed October 23, 1800. He died there on the i6th 
 of August, 1802. He published several pamphlets, the titles 
 of only two being preserved to us, — " The Duty of Christians 
 in Singing the Praise of God Explained, a Sermon preached 
 at Upper Marsh Creek on the 14th and 21st of September, 
 1788," and "A Discourse on Psalmody, in reply to Rev. Dr. 
 John Anderson, of the Associate Church." These attracted 
 considerable attention in their day. 
 
 Boyd, John, of Northumberland county, was born the 22d 
 of February, 1750, in Lancaster county, of Scotch -Irish an- 
 cestry. Of his early occupation and education we have little 
 knowledge. When the war for independence came he 
 entered the service, and was commissioned second lieu- 
 tenant in the twelfth regiment of the Pennsylvania Line, 
 Colonel William Cooke, October 16, 1776. He was pro- 
 moted first lieutenant and transferred to the third Pennsyl- 
 vania regiment as captain-lieutenant. Under the rearrange- 
 ment of January i, 1781, he was retired the service, but 
 afterwards appointed captain of a company of rangers on 
 the frontiers, and was an excellent partisan officer. Accord- 
 ing to C. Biddle (see Autobiography, p. 204), " During the 
 war he was wounded and taken prisoner by the Indians. 
 Having killed a number of them before he was taken, they 
 were determined to burn him. For this purpose he was 
 stripped naked and tied to a stake, and expected every 
 
720 Sketches of the Members of the Convention. 
 
 moment to suffer death, when he was released by the inter- 
 cession of one of the squaws, who had her husband killed 
 in the engagement with Boyd. His life was probably saved 
 in consequence of his being a stout, well-made man." Dur- 
 ing the war he served one year as collector of the excise 
 for Northumberland county. After the restoration of peace, 
 in partnership with Colonel William Wilson, he entered into 
 merchandising at the town of Northiimberland, and in a 
 mill at the mouth of Chillisquaqua Creek. They manufact- 
 ured large quantities of potash, which they shipped to Phila- 
 delphia, where it met with a ready sale; but the difficulties 
 of transportation compelled them to relinquish this enterprise. 
 He served as a member of the Supreme Executive Council of 
 the State from November 32, 1783, to November 23, 1786. 
 On the 2d of October, the latter year, he was appointed by 
 the General Assembly one of the commissioners for superin- 
 tending the drawing of the Donation L,and Lottery. He 
 was a member of the House of Representatives from 1790 to 
 1792, and a presidential elector at the second election. He 
 served as a justice of the peace many years. Was one of the 
 original members of the Pennsylvania Society of the Cincin- 
 nati. He died at Northumberland on the 13th of February, 
 1832, aged eighty-two years. 
 
 Breading, Nathaniel, of Fayette county, was born in 
 Little Britain township, Lancaster county, March 16, 1751. 
 His grandfather, David Breading, came to Pennsylvania from 
 near Coleraine, county Londonderry, Ireland, about 1728. 
 His son James married Ann Ewing, and they were the 
 parents of the subject of this sketch. Nathaniel received a 
 classical education, afterwards took charge of the Newark 
 Academy, Delaware, and also taught school in Prince Edward 
 county, Virginia. At the outset of the Revolution he re- 
 turned to Pennsylvania, and was acting commissary under 
 General James Ewing, who was in command of a portion of 
 the Associated battalions during the years 1777 and 1778. In 
 1784 he removed to Luzerne township, Fayette county, and 
 shortly after was appointed a justice of the peace, and, No- 
 vember 6, 1785, one of the judges of the Court of Common 
 
Sketches of the Members of the Convention. 721 
 
 Pleas. On the 5th of March, 1785, he was appointed by the 
 Assembly one of the commissioners to survey the lands re- 
 cently purchased from the Indians north and west of the Ohio 
 and Allegheny Rivers to lyake Erie, as also to assist in run- 
 ning the boundary-lines between Pennsylvania and Virginia. 
 He was a delegate to the Pennsylvania convention to ratify 
 the federal constitution, but in deference to his constituents 
 did not sign the ratification. He served as a member of the 
 Supreme Executive Council from November 19, 1789, until 
 the dissolution of that body by the adoption of the constitu- 
 tion of 1790. He was commissioned one of the associate 
 judges of Payette county, August 17, 1791, and served con- 
 tinuously during the several changes of administration until 
 his death, a period of thirty years, perchance the longest term 
 of any who filled that honorable position. During the excite- 
 ment in Western Pennsylvania consequent upon the enforce- 
 ment of the excise laws. Judge Breading, although these 
 were obnoxious to him, took a bold stand in the maintenance 
 of law and order. As the result, much of his property was 
 burned by the insurgents. He was one of the delegates from 
 the county to the conference held at Pittsburgh, September 7, 
 1791, to take measures toward suppressing the threatened in- 
 surrection. Apart from the public positions Judge Breading 
 filled so faithfully and honorably, he was engaged in various 
 enterprises looking to ihe development of the Western 
 country. He died on the 21st of April, 1831. 
 
 Brown, William, of Dauphin county, was born in 1733, 
 on the Swatara, in I^ancaster county, Pennsylvania. His 
 grandfather, James Brown, came with his brother John from 
 the north of Ireland to Pennsylvania in 1720, and, while he 
 settled on the Swatara, subsequently Hanover township, the 
 latter located in Paxtang township, in Lancaster county. 
 John Brown was the father of another William Brown, no 
 less eminent than his distinguished cousin. The former was 
 designated as "William Brown, of Paxtang," while the sub- 
 ject of our sketch as "Captain William Brown." He was 
 educated at the school of Rev. John Blair, became quite 
 prominent on the frontiers, and was an oflScer in Rev. Colonel 
 46 
 
723 Sketches of the Members of the Convention. 
 
 Elder's battalion of rangers during the French and Indian 
 war. He was one of the prime movers at the Hanover meet- 
 ing of June 4, 1774, and probably the author of the celebrated 
 resolutions there passed. He recruited a company of Asso- 
 ciators, and was in active service during the Jersey campaign 
 of 1776, as well in and around Philadelphia in 1777 and 1778. 
 In 1779 he commanded a company of rangers in the expedi- 
 tion to the West Branch against the Indians and Tories, who 
 were threatening the exposed frontiers. He was a delegate to 
 the Pennsylvania convention to ratify the federal constitu- 
 tion of 1787, but did not sign the ratification. He was a 
 member of the State constitutional convention of 1789-90, 
 and under that instrument represented his county in the Leg- 
 islature in 1793 and 1793. He was chosen one of the Presi- 
 dential electors in 1797, voting for Mr. Jefferson. Captain 
 Brown died July 30, 1808, at the age of seventy-five. 
 
 Bull, Thomas, of Chester county, was born June 9, 1744, 
 the son of William Bull, an early settler in that county. He 
 received the meagre education afforded in his day, and 
 learned the trade of a stone-mason. Prior to the Revolution 
 he was the manager of Warwick Furnace. When that strug- 
 gle came he entered heartily into the contest, and assisted in 
 organizing the Chester county battalion of Associators of the 
 ' ' Flying Camp, ' ' commanded by Colonel William Mont- 
 gomery, of which he was commissioned lieutenant-colonel. 
 He was taken prisoner at Fort Washington in November, 
 1776, and confined on the Jersey prison-ship. After several 
 months he was properly exchanged. He subsequently re- 
 turned to his position as manager of Warwick Furnace, where 
 he remained several years. In 1780 he was appointed by act 
 of the General Assembly one of the commissioners for the 
 for the removal of the county seat. He was elected a dele- 
 gate to the Pennsylvania convention to ratify the federal 
 constitution in 1787, and served as a member of the State 
 constitutional convention of 1789-90. He was chosen a 
 presidential elector in 1792, and from 1795 to 1801 repre- 
 sented Chester county in the Legislature of the State. He 
 died on the 13th of July, 1837, aged ninety-three years. 
 
Sketches of the Members of the Convention. 723 
 
 Campbell, Thomas, of York county, the son of John 
 Campbell, was born about 1750 in Chanceford township, that 
 county. His father took up a tract of land at an early day, 
 situated on the "Great Road leading from York to Nelson's 
 Ferry." He was of Scotch-Irish descent, and received the 
 education accorded that sturdy race. He was a farmer by 
 occupation. When the Revolutionary struggle began, he 
 enlisted as a private in Captain Michael Doudel's company, 
 attached to Colonel William Thompson's battalion of rifle- 
 men, in July, 1775. He served through the New England 
 campaign, and was commissioned first lieutenant in the 
 fourth regiment of the Pennsylvania Line, January 3, 1777. 
 He was severely wounded at Germantown, was promoted cap- 
 tain-lieutenant January' i, 1781, and retired the service Janu- 
 ary I, 1783. He was one of the original members of the 
 Pennsylvania Society of the Cincinnati. Captain Campbell 
 was chosen a delegate to the State convention to ratify the 
 federal constitution in 1787 ; served as a member of the 
 Pennsylvania House of Representatives from 1797 to 1800, 
 and of the Senate from the York and Adams district from 
 1805 to 1808. He died at his residence in Monaghan town- 
 ship, York county, January 19, 181 5. 
 
 Chambers, Stephen, of Lancaster county, was a native 
 of the north of Ireland, where he was born about .1750. He 
 came to Pennsylvania prior to the Revolution. Fithian, in 
 his Journal of date July 30, 1775, met him at Sunbury, "a 
 lawyer, . . . serious, civil, and sociable." At the outset of 
 the war he entered the service, was appointed first lieutenant 
 of the twelfth regiment of the Line, October 16, 1776, and 
 promoted captain in 1777. He was chosen to the General 
 Assembly from the county of Northumberland in 1778, and 
 while in attendance thereon was admitted to the Philadelphia 
 bar, March 6, 1779. He was admitted to the Lancaster bar 
 in 1780, removing there the same year, and to that of York, 
 April 23, 1781. In 1779 he was a member of the Republican 
 Society of Philadelphia, whose object was the revision of the 
 constitution of 1776. He was also one of the original mem- 
 bers of the Pennsylvania Society of the Cincinnati. He rep- 
 
724, Sketches of the Members of the Convention. 
 
 resented Lancaster county in the Council of Censors, 1783- 
 84, and was a delegate to the convention of November 20, 
 1787, to ratify the federal constitution. At the constituting 
 of I/odge 22, Ancient York Masons, at Sunbury, December 
 27, 1779, he became its first Worshipful Master, and the war- 
 rant for that body was produced and presented by him at 
 "his own proper cost and charges." In May, 1789, he was 
 challenged by Dr. Reiger, of I^ancaster, for some offence said 
 to have been given at Stake's tavern in that town. The duel 
 took place on Monday, May 11, 1789, and Mr. Chambers was 
 seriously wounded, dying on Saturday following, the i6th. 
 
 Cheyney, Thomas, of Chester county, son of John Chey- 
 ney, Jr., and Ann Hickman, was born in Thornbury town- 
 ship, that county, December 12, 1731. His grandfather, John 
 Cheyney, Sr., came to Pennsylvania about the close of the 
 century, located in Middletown township, Chester county, 
 where he died in 1722, leaving two sons, John and Thomas. 
 They became possessed of a large tract of land in Thornbury 
 in 1724, and here it was that the subject of this sketch 
 lived all his fourscore years, an intelligent and progressive 
 farmer. At the commencement of the Revolution he was an 
 earnest Whig. He was appointed by the Assembly, Decem- 
 ber 16, 1777, to take subscriptions for the continental loan; 
 one of the agents for forfeited estates under the Act of At- 
 tainder, May 6, 1778; and sub-lieutenant of Chester county, 
 March 30, 1780. He was commissioned one of the justices 
 in 1779, and again in 1784. Under the constitution of 1790 
 he was continued by Governor Mifilin, his commission bear- 
 ing date August 26, 1791. He served as one of the delegates 
 to the Pennsylvania convention to ratify the federal constitu- 
 tion in 1787, and signed the ratification. Squire Cheyney 
 died January 12, 181 1. 
 
 Coleman, Robert, of Lancaster county, was born Novem- 
 ber 4, 1748, near Castle-Finn, Donaghmore, county Donegal, 
 Ireland. At the age of sixteen he came to America with let- 
 ters to Blair McClenaghan and the Messrs. Biddle, of Phila- 
 delphia. Through them he secured a position with Mr. 
 Read, prothonotary at Reading, in whose employ he remained 
 
Sketches of the Members of the Convention. 725 
 
 two years, at the expiration of which he accepted a situation 
 as clerk with Peter Grubb at Hopewell Forge. At the end 
 of six months he entered the employ of James Old at Quit- 
 topehille Forge, near lycbanon. Mr. Old, some time after, 
 removing from Speedwell Forge to Reading, took Mr. Cole- 
 man with him. In 1773 he rented Salford Forge, near Nor- 
 ristown, where he remained three years. In 1776 he moved 
 to Elizabeth Furnace, in Lancaster county, which he first 
 rented, and afterwards bought out gradually the different 
 shares from the firm who owned it, namely, Stiegel, Sted- 
 man, and Benezet. By his energy and indomitable persever- 
 ance Mr. Coleman became the most enterprising and success- 
 ful iron-master in Pennsylvania. Mr. Coleman served as a 
 member of the General Assembly in 1783-84, as delegate to 
 the convention to ratify the federal constitution in 1787, and 
 as a member of the constitutional convention of 1789-go. 
 Under that organic law he was commissioned, August 17, 
 1791, one of the associate judges for Lancaster county, an 
 office he held twenty years. He was chosen a presidential 
 elector in 1792, and again in 1796. In 1809 Mr. Coleman re- 
 moved to Lancaster, where he died August 14, 1825. 
 
 Deshler, David, of Northampton county, was born at 
 Egypta, in the upper part of North Whitehall township, in 
 1733, where his father, Adam Deshler, was among the first 
 settlers. The latter operated a mill on the Little Lehigh, of 
 which the son subsequently became owner. He was quite 
 prominent in the French and Indian war, and was active in 
 the adoption of measures in defending the frontiers; and his 
 house, a large stone structure, became a place of refuge for 
 the people of the vicinity in case of an Indian alarm. In 
 1764 he was a shopkeeper in Allentown, but two years after- 
 wards sold out and removed to his grist and saw-mills, 
 which he continued to operate until almost the close of his 
 life. During the Revolutionary war he became one of the 
 most influential personages in Northampton county; acted as 
 commissary of supplies, and, with his colleague and neighbor, 
 Captain John Arndt, advanced money out of his private 
 means at a time when not only the United States treasury 
 
736 Sketches of the Members of the Convention. 
 
 but also that of Pennsylvania was empty. He was a mem- 
 ber of the provincial conference which met at Carpenters' 
 Hall June 18, 1776, and appointed by that body one of the 
 judges of the election for the second division of the county, 
 held at Allentown. He was a delegate to the convention to 
 ratify the federal constitution in 1787, and filled other posi- 
 tions of public trust. Mr. Deshler died at his residence at 
 Biery's Bridge, now Catasauqua, in December, 1796. 
 
 Downing, Richard, of Chester county, son of Richard 
 Downing and his wife, Mary Edge, was born May 4, 1750, 
 in Cain township, that county. His father operated a full- 
 ing, grist and saw-mill, and the son was brought up in that 
 occupation. During the struggle for independence he was 
 a Non-Associator. He was a delegate to the Pennsylvania 
 convention to ratify the federal constitution in 1787; served 
 in the General Assembly from 1788 to 1790, and was one of 
 the representatives of his county in the Legislature from 1790 
 to 1792. During the local excitement caused by changing 
 the county-seat, when it was not only proposed but really at- 
 tempted to locate it at Milltown, now Downingtown, he was 
 one of the leading spirits in opposing it. He died January 
 5, 1820, in his seventieth year. 
 
 Edgar, James, of Washington county, the son of James 
 Edgar, was born November 15, 1744, in Fawn township, 
 York county. He was a member of the convention to ratify 
 the federal constitution in 1787, but did not sign the ratifi- 
 cation. He died on his farm on the 8th of June, 1814, in the 
 seventy-first year of his age. 
 
 Edwards, Enoch, of the county of Philadelphia, the son 
 of Alexander Edwards, was bom in 1751, in Lower Dublin, 
 that county. He received a classical education, studied med- 
 icine, and was in the active practice of his profession when 
 the Revolutionary war began, and in which he became an 
 earnest participant. He was a member of the provincial 
 conference held at Carpenters' Hall, June 18, 1776, and the 
 same year served as surgeon in the Philadelphia Battalion of 
 the ' ' Plying Camp. ' ' He afterwards served as an aide on the 
 staff of General Lord Stirling. He was commissioned one 
 
Sketches of the Members of the Convention. 727 
 
 of the justices of the peace for the county of Philadelphia, 
 June 6, 1777, and continued in office August 16, 1789. He 
 was a delegate to the convention to ratify the federal con- 
 stitution of 1787, and a member of the Pennsylvania consti- 
 tutional convention of 1789-90. He was appointed by Gov- 
 ernor Mifflin, August 17, 1791, one of the associate judges, 
 and continued in office by Governor McKean until his death 
 at Frankford on the 25th of April, 1802, aged fifty years. 
 
 ElUOTT, Benjamin, of Huntingdon county, eldest son of 
 Robert and Martha Elliott, was born in 1752 in Peters town- 
 ship, Cumberland, now Franklin, county, and settled at the 
 town of Huntingdon prior to the Revolution. He was chosen 
 a member of the convention of July 15, 1776, and served as a 
 member of the Assembly during that and the following year 
 as one of the representatives of Bedford county. He was 
 commissioned Sheriff of that county, October 31, 1785, and 
 of Huntingdon, October 22, 1787, after its erection from Bed- 
 ford ; member of the convention of Pennsylvania to consider 
 the federal constitution, November 20, 1787; appointed 
 county lieutenant on the 23d of the same month, and in 
 April, 1789, in conjunction with Matthew Taylor, of Bedford, 
 and James Harris, of Cumberland, appointed to run and 
 mark the boundary lines of Huntingdon county. He served 
 as treasurer of the county in 1789, and again in 1799; was 
 admitted a member of the Supreme Executive Council, De- 
 cember 29, 1789, and member of the Board of Property, 
 August 3, 1790. On the 17th of August, 1791, he was com- 
 missioned one of the associate judges for Huntingdon county. 
 He had previously held the office of justice of the Court of 
 Common Pleas under the constitution of 1776. He was the 
 first chief burgess elected in the borough of Huntingdon after 
 its incorporation in 1796. He was appointed brigadier- 
 general of the militia, 1797, and in 1800 elected county com- 
 missioner. He died at Huntingdon, March 13, 1835, aged 
 83 years. Judge Elliott was what was then termed a Repub- 
 lican in politics. He signed the ratification. 
 
 FiNDLEY, William, of Westmoreland county, was born 
 in 1741, near Londonderry, province of Ulster, Ireland. His 
 
728 Sketches of the Members of the Convention. 
 
 grandfather was a native of Scotland, but settled early in life 
 in the north of Ireland, and was one of the brave men who 
 assisted in the heroic defence of Derry, The grandson re- 
 ceived a fair English education, and came to Pennsylvania in 
 1763. Owing to the Indian troubles on the frontiers he re- 
 mained within the settlements, where he taught school. At 
 the beginning of the Revolution he was in the Cumberland 
 valley. He served as a captain in the militia in the years 
 1776 and 1777 under Colonel John Findlay, the period of the 
 invasion into Pennsylvania, and was at the battle of the 
 Crooked Billet. Towards the close of the war he removed 
 with his family to Western Pennsylvania and took up a tract 
 of land in Westmoreland county, on which he resided until 
 his death. Here he became prominent in political affairs, his 
 first entry upon the scene being in the character of a member 
 of the Council of Censors. In this body he voted invariably 
 against the party which professed Federalism. He served in 
 the General Assembly from 1784 to 1788; was a delegate to 
 the convention to ratify the federal constitution in 1787, one 
 of its bitterest opponents, and did not sign the ratification. 
 He was one of the members of the anti-constitution party 
 who were mobbed in Philadelphia on the evening of the 6th 
 of November that year. At the Harrisburg conference in 
 September, 1788, with Smilie and Gallatin, he was a leading 
 spirit, and this trio almost accomplished the total defeat of 
 the constitutionalist ticket, electing two of the eight Con- 
 gressmen, the parties being evenly balanced. He served as a 
 member of the Supreme Executive Council from November 
 25, 1789, until the constitution of 1790, of the convention 
 to form which he was a member, went into effect. He was 
 elected a member of the Pennsylvania House of Representa- 
 tives in 1790, at the same time a member of the Second Con- 
 gress. He was re-elected to the third, fourth, fifth, and sixth 
 Congresses, and then, after an interval of two terms, during 
 which period he served in the State Senate, to the eighth, 
 ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth 
 Congresses, serving a longer time in that representative body 
 than any other person from Pennsylvania. During the so- 
 
Sketches of the Members of the Convention. 729 
 
 called Whisky Insurrection of 1794 he took a decided part, 
 and as an apology for his share in it we are indebted to him 
 for one of the most impartial histories of that transaction. 
 He was as forcible a writer as a speaker, and the newspapers 
 of the day contained many political articles from his pen. 
 He was a shrewd politician without being a demagogue, and 
 no man in Western Pennsylvania had as strong hold upon 
 the people or was more popular than William Findley. He 
 was a statesman of whom Pennsylvania should be proud. 
 Mr. Findley died at his residence in Unity township, West- 
 moreland county, on the 5th of April, 1821, in the eightieth 
 year of his age. 
 
 Gibbons, William, of Chester county, the son of James 
 Gibbons and Jane Sheward, was born in 1737 in the town- 
 ship of Westtown, that county. The parents were prominent 
 members of the Society of Friends, the mother being a min- 
 ister thereof. After his marriage he resided in Philadelphia, 
 subsequently, in 1766, removing to Thornbury township, and 
 in 1769 to West Nantmeal, on a fine farm left him by his 
 parents. For the active part he took in the struggle for in- 
 dependence he was disowned by the Society. He served as 
 lieutenant-colonel of one of the Chester county battalions of 
 Associators, was appointed justice of the peace March 31, 
 1777, and directed by the Supreme Executive Council, Oc- 
 tober 31, 1777, to collect blankets, arms, etc., from those not 
 taking the oath of allegiance. Towards the close of the war 
 he removed to Paxtang township, in Lancaster county, where 
 he resided a year or two, for what purpose it is not known. 
 In 1783 he was elected sheriff of Chester county, and it was 
 during his time of service the seat of justice was removed 
 from Chester to West Chester. He served as a delegate to 
 the convention to ratify the federal constitution in 1787, and 
 as a member of the constitutional convention of 1789-90. 
 Governor Mifflin commissioned him prothonotary of the 
 county August 17, 1791, in which he served nine years. 
 During the Whiskey Insurrection, in 1794, he volunteered 
 under Captain Joseph McClellan for the expedition westward, 
 performing that tour of military duty. He was elected a 
 
730 Sketches of the Members of the Convention. 
 
 member of the House of Representatives in 1801, and served 
 one term. Colonel Gibbous died October 30, 1803. 
 
 Graff, Sebastian, of lyancaster county, was the grandson 
 of Sebastian Graff, a member of the Moravian Church, who 
 emigrated with his family from Germany in 1731 or 1733, 
 and settled in the town of lyancaster, where he was a ' ' shop- 
 keeper " in 1734. The Sebastian of the third generation was 
 born at I/ancaster about 1750, and was in active business 
 when the war for independence began. He took a prominent 
 part, and was on the Committee of Observation for the county 
 of Lancaster. He was a delegate to the provincial conven- 
 tion of January 23, 1775, and to the convention to ratify the 
 federal constitution of 1787, signing the ratification. He 
 was a member of the convention which framed the constitu- 
 tion of 1 789-' 90, and under that form of government was 
 chosen to the State Senate in 1790. He died in July, 1792. 
 
 Gray, George, of the county of Philadelphia, the fifth of 
 that name in the line of descent from George Gray, of Bar- 
 badoes, a wealthy member of the Society of Friends, was born 
 at Gray's Ferry, that county. He took an early and active 
 part in the affairs of the province, and was elected a member 
 of the Assembly in 1772, and annually until the commence- 
 ment of the Revolutionary struggle. He was the author of 
 the celebrated "Treason Resolutions" reported by the com- 
 mittee of which he was chairman. For the part he took in 
 this and other warlike measures he was ' ' turned out of meet- 
 ing." He was a delegate to the provincial conference of 
 July 15, 1774, and a member of the provincial convention of 
 January 33, 1775. He was a member of the General Com- 
 mittee of Safety in 1776 and 1777, and of the Pennsylvania 
 Board of War during its existence in 1777, serving a portion 
 of the time as its chairman. He was one of the signers of 
 the bills of credit in 1775, and a member of the Assembly in 
 1776. Under the constitution of the latter year he served in 
 the General Assembly from 1780 to 1787, being Speaker of 
 that body in 1783- 84. He was a delegate to the convention 
 to ratify the federal constitution in 1787, and a member of 
 the Pennsylvania constitutional convention of 1789-90. 
 
Sketches of the Members of the Convention. 731 
 
 During the entire period of the Revolution he was conspicu- 
 ous by his patriotism. He died in the year 1800. 
 
 Grier, David, of York county, son of William Grier, was 
 born in Mount Pleasant township, that county, in 1742. He 
 received a classical education, studied law with James Smith, 
 and was admitted to the York county bar April 23, 1771. 
 Having served in the French and Indian war as a subaltern 
 officer, when the war for independence commenced he be- 
 came a prominent participant. He was commissioned captain 
 of the sixth battalion of the Ivine, Colonel William Irvine, 
 January 9, 1776, served in the campaign against Canada, and 
 was promoted to major October 25, 1776. He was subse- 
 quently promoted to lieutenant-colonel of the seventh regi- 
 ment Pennsylvania Line, ranking from October 2, 1776. He 
 was wounded in the side by a bayonet at the Paoli massacre 
 in September, 1777. He continued in the service until, under 
 the new arrangement of January i, 1781, he was retired at 
 that date. At the close of the war he resumed his profession 
 at York, was elected to the General Assembly in 1783, served 
 as a delegate to the convention to ratify the federal consti- 
 tution in 1787, and was chosen by the constitutionalists one 
 of the first presidential electors. Colonel Grier died at York, 
 June 3, 1790, aged forty-eight years. 
 
 Hanna, John Andr^, son of Rev. John Hanna and Mary 
 McCrea, was born about 1761, at Flemington, N. J. He re- 
 ceived a good classical education under his father, who was a 
 most excellent tutor. He served in the war of the Revolu- 
 tion, towards its close came to Pennsylvania, and studied 
 law with Stephen Chambers, of Lancaster, whose acquain- 
 tance he had made in the army, and was admitted to the bar 
 of Lancaster county at November session, 1783. He located 
 at Harrisburg upon the formation of the county of Dauphin, 
 and was among the first lawyers admitted there. He took a 
 deep interest in early municipal affairs, and there was little 
 transpiring looking to the welfare and development of the new 
 town in which Mr. Hanna did not take part. His marriage 
 with a daughter of John Harris, the founder, brought him 
 into unusual prominence. He represented the county in the 
 
732 Sketches of the Members of the Convention. 
 
 L,egislature, and in 1795 was elected to the United States Con- 
 gress, a position he filled up to the time of his death by suc- 
 cessive re-election. During the Whisky Insurrection he was 
 a brigadier-general of the Pennsylvania troops, in command 
 of the second brigade, second division. In 1800 Governor 
 McKean commissioned him a major-general of the third di- 
 vision of the militia forces of the State. He died at Harris- 
 burg, on the 13th of July, 1805, aged forty-four years. 
 
 Hannum, John, of Chester county, was born in 1742, in 
 Concord, that county. He was the son of John Hannum, 
 Jr., and his wife, Jane Neild. Arriving at maturity, he set- 
 tled on a large farm in East Bradford township. He was 
 commissioned early in life one of the provincial justices of 
 the peace, and continued in commission by the constitutional 
 convention of 1776. At the outset of the struggle with the 
 mother-country he became an ardent Whig, and was ap- 
 pointed one of the Committee of Observation for the county 
 of Chester the 20th of December, 1774. In 1777 he was 
 chosen to the command of one of the Associated Battalions, 
 and became an active participant in the Revolutionary con- 
 test. He was with Wayne at the Paoli. Subsequently he 
 was captured at his own residence by a squad of British light- 
 horse, led thither by a Tory neighbor, and taken to Philadel- 
 phia, then occupied by the enemy. He soon after escaped, 
 and was more energetic than ever in the cause of his coun- 
 try. He was appointed one of the commissioners of pur- 
 chases, June 27, 1780, one of the auditors of depreciation ac- 
 counts, March 3, 1781, and on the 8th of November, the lat- 
 ter year, one of the agents for forfeited estates. He was 
 chosen to the General Assembly in 1781, serving until 1785. 
 While a member of this body, independence having been es- 
 tablished, he was largely instrumental in securing the repeal 
 of the " Test L,aw," then no longer necessary as a war meas- 
 ure. He was a delegate to the Pennsylvania convention to 
 ratify the federal constitution in 1787, and signed the ratifi- 
 cation. He was re-commissioned one of the justices for the 
 county in 1788, serving until his appointment by Governor 
 Mifflin of register and recorder, December 13, 1793, which 
 
Sketches of the Members of the Convention. 733 
 
 office he held until the 6th of December, 1798, when he was 
 succeeded by his son, Richard Montgomery Hannum. He 
 had previously served in the House of Representatives, 1792 
 -93. Colonel Hannum died the 7th of February, 1799, and 
 was interred at Bradford Meeting-house, Marshallton. 
 
 Harris, John, of Cumberland county, was born in county 
 Donegal, Ireland, in 1723. He was related to Harris of 
 Harris's Ferry, to the family in Buffalo Valley, and has fre- 
 quently been confounded with others of the same name. In 
 1753 he was located on the Swatara, lyancaster county, as his 
 autograph to a road petition is a counterpart of that of 
 twenty years later. He was one of the most prominent men 
 in the Cumberland. Valley. He was a delegate to the Penn- 
 sylvania convention to ratify the federal constitution of 1787, 
 and voted against the ratification. He died at Mifflintown, 
 which he laid out, February 24, 1794. 
 
 Hartley, Thomas, of York County, was born in Cole- 
 brookdale township, Berks county, Pennsylvania, on the 7th 
 of September, 1748. His father, George Hartley, was an 
 early settler in Pennsylvania and a well-to-do farmer. The 
 son received a good classical education at Reading, and at 
 the age of eighteen begaii the study of law at York with 
 Samuel Johnston, a distinguished lawyer and a relative on 
 his mother's side. He was admitted to the bar of York 
 county July 25, 1769, and to that of Philadelphia on the loth 
 of August following. He soon rose rapidly to legal distinc- 
 tion, and was in a successful career when the war of the 
 Revolution opened. In 1774 he was vice-president of the 
 Committee of Observation for York county, and again in No- 
 vember, 1775. He was chosen a deputy to the provincial 
 conference held at Philadelphia, July 15, 1774, and a delegate 
 to the provincial convention of January 23, i775- In Decem- 
 ber, 1774, he was first lieutenant of Captain James Smith's 
 company of Associators, and in December, 1775, chosen 
 lieutenant-colonel of the first battalion of York county. On 
 the loth of January, 1776, Congress elected him lieutenant- 
 colonel of the sixth battalion of the Pennsylvania Irine, and 
 he served in the Canada campaign of that year. On the 27th 
 
734 Sketches of the Members of Ihe Convention. 
 
 of December, the same year, General Washington, by au- 
 thority of the Congress, issued commissions and authority to 
 raise two "additional regiments in Pennsylvania," the com- 
 mand of one being given to Colonel Hartley. He commanded 
 the first Pennsylvania brigade, Wayne's division, in the bat- 
 tles of Brandy wine and German town. In 1778 he was in 
 command of the troops on the West Branch, upon which the 
 Indians and Tories from New York had made inroads. By a 
 resolution of Congress of i6th December, 1778, the remains 
 of Patton's and Hartley's regiments, with several detached 
 companies, were organized into what was termed the "new 
 eleventh ' ' regiment of the Pennsylvania I^ine, to which he 
 was transferred on the 13th of January, 1779, but resigned 
 the month following, having been chosen to the General As- 
 sembly. In accepting his resignation Congress, deeming his 
 reasons satisfactory, bore testimony of their "high sense of 
 Colonel Hartley's merit and services." He served as a mem- 
 ber of the Council of Censors, 1783-84, and as a delegate to 
 the Pennsylvania convention to ratify the federal constitu- 
 tion in 1787. He was elected by the constitutionalists on the 
 general ticket for members of Congress in 1788, and con- 
 tinued in that high official position for a period of twelve 
 years. He was one of the original members of the Society 
 of the Cincinnati, and a trustee of Dickinson College at the 
 beginning of its educational career. In 1799 he laid out the 
 town of Hartleton in the Buffalo Valley, on a tract of one 
 thousand acres purchased by him during the Revolution. 
 Governor McKean commissioned him, April 28, 1800, a 
 major-general in the Pennsylvania militia. General Hartley 
 died at his residence in York, December 21, 1800. 
 
 HiESTER, Joseph, of Berks county, was born November 
 18, 1752, in Bern township, Berks county, Pennsylvania. 
 He was the son of John Hiester, a native of Elsoff, in the 
 province of Westphalia, Germany. The son acquired the 
 rudiments of a good English and German education under 
 the supervision of the pastor of Bern Church. Until near 
 age he worked upon his father's farm, when he went to Read- 
 ing and learned merchandising. He was a member of the 
 
Sketches of the Members of the Convention. 735 
 
 provincial conference held at Carpenters' Hall, June 18, 
 1776, which called the convention of July following. The 
 war of the Revolution breaking out, he raised a company of 
 Associators for the Flying Camp, which participated in the 
 battle of I^ong Island, where he was taken prisoner. After 
 several months' imprisonment, he was exchanged, and re- 
 turned in time to take part in the battle of Germantown, 
 where he was wounded. He was appointed by the Supreme 
 Executive Council one of the commissioners of exchange, 
 -^P"! 5) 1779, and on the 21st of October following one of 
 the committee to seize the personal effects of traitors. He 
 was chosen to the General Assembly in 1780, and served al- 
 most continuously from that date until 1790. He was a del- 
 egate to the Pennsylvania convention to ratify the federal 
 constitution in 1787, but did not sign the ratification. He 
 was a member of the State constitutional convention of 1789- 
 90, and under that instrument was elected to the first Senate, 
 serving a full term. He was chosen a presidential elector 
 in 1792, and again in 1796. He served in the fifth, sixth, 
 seventh, and eighth Congresses, and again in the fourteenth, 
 fifteenth, and sixteenth Congresses. It was during his last 
 term that he was elected Governor of Pennsylvania by the 
 Federalists, in a campaign which for personal vituperation has 
 never been equalled in Pennsylvania. His administration, 
 however, of the aflfairs of State was a successful one, but he 
 would not allow himself to be nominated for a second term. 
 Returning to Reading, he retired to private life, and died 
 there on the loth of June, 1832. 
 
 HoGE, Jonathan, of Cumberland county, son of John 
 Hoge and his wife, Gwenthleen Bowen Davis, was born July 
 23, 1725. His parents residing about that date in the Three 
 Lower Counties of Penn's Province, it is certain he was born 
 there, and not in Ireland. He was a delegate to the Penn- 
 sylvania convention to ratify the federal constitution, but op- 
 posed the ratification. He died April 19, 1800. 
 
 HoRSFiELD, Joseph, of Northampton county, was born at 
 Bethlehem, Pennsylvania, November 24, 1750. His father, 
 Timothy Horsfield, was an early Moravian settler, at Bethle- 
 
736 Sketches of the Members of the Convention. 
 
 hem, and quite prominent in the history of that settlement. 
 But little is known of the son's early history save that he 
 was a man of good education and of influence in the com- 
 munity, He was chosen a delegate to the Pennsylvania 
 convention to ratify the federal constitution in 1787, and 
 signed the ratification. He was appointed by President 
 Washington, June 12, 1792, the first postmaster at Bethlehem, 
 an office he held until the 13th of February, 1802. He died 
 at Bethlehem on the 9th of September, 1834, at the age of 
 eighty-three years. 
 
 HuBLEY, John, of I/ancaster county, the son of Michael 
 Hubley and Rosina Strumpf, was born in the town of Lan- 
 caster the 25th of December, 1747. He was a member of the 
 convention of 1776, and also of that of 1789-90. He was a 
 constitutionalist, and signed the ratification of the federal 
 constitution in the Pennsylvania convention of 1787. He 
 also served in the Supreme Executive Council in 1777, and 
 was chosen a presidential elector in 1801. A lawyer by pro- 
 fession, although by no means a brilliant one, yet there was 
 a magnetism about him which, next to Judge Yeates, made 
 him the most popular attorney at the Lancaster bar, always 
 justly celebrated for its great legal minds. He died January 
 ii, 1821, aged seventy-three years. 
 
 HuNN, John, of the county of Philadelphia, was bom in 
 1746, in Kent county, Delaware. His grandfather, Nathaniel 
 Hunn, was an early settler on the Delaware. John, the sub- 
 ject of our sketch, was brought up to a sea-faring life, and 
 was a captain in the merchant service at the breaking out of 
 the War for Independence. He was an ardent patriot, and 
 was intrusted with very important duties. In July, 1776, he 
 was in command of the privateer "Security ;" while in the 
 following summer, when it was momentarily expected that 
 the British fleet would attempt to pass up the Delaware, at 
 the request of General Washington he was sent by the Coun- 
 cil of Pennsylvania to the Capes to give the earliest possible 
 notice of the appearance of the enemy's vessels. In the 
 campaign in and around Philadelphia he seems to have been 
 in active military service. In the subsequent events he was 
 
Sketches of the Members of the Convention. ny, 
 
 not an idle spectator, his energies being principally devoted 
 to perfect plans to destroy the power of the enemy at sea. 
 When the war closed he retired to private life, only coming 
 to the front in times of great political excitement. As a 
 constitutionalist he was chosen to the Pennsylvania conven- 
 tion in 1787, and signed the ratification. He took a promi- 
 nent part at the meeting held in Philadelphia, June 22, 1795, 
 in Opposition to the Jay Treaty, and was appointed one of the 
 committee to prepare a memorial to the President. Captain 
 Hunn died at Wilmington, Delaware, April 32, 1810, while 
 on a visit to his daughter, Mrs. Rodney. 
 
 Latimer, George, of the city of Philadelphia, was born 
 there in 1750. He was educated at the College of Philadel- 
 phia, and entered upon a mercantile life. In the Revolution- 
 ary war he was active and influential, and was in military 
 service prior to the occupation of Philadelphia by the British 
 in 1777. He was a delegate to the Pennsylvania convention 
 to ratify the federal constitution in 1787. He represented 
 his native city in the Pennsylvania House of Representatives 
 from 1792 to 1799, being Speaker of that body five years. 
 He was a presidential elector in 1792, and from 1798 to 1804 
 was collector of the customs by appointment of the Presi- 
 dent. In politics he was a Federalist. During the war of 
 1812-14 he was a member of the Committee of Defence for 
 the city of Philadelphia and treasurer of that body. He was 
 an enterprising citizen, being a director of the old Bank of 
 North America from the 9th of January, 1792, until his death, 
 and also president of the Union Insurance Company. He 
 was appointed April 5, 1786, one of the five commissioners 
 from Pennsylvania to confer with those from Maryland and 
 Delaware on the navigation of the river Susquehanna. In 
 1814 he was an independent candidate for Governor of Penn- 
 sylvania, receiving nine hundred and ten votes in the canvass 
 which elected Simon Snyder for the third term by a majority 
 of twenty-two thousand in a poll of seventy thousand. Mr. 
 Latimer died at Philadelphia on Sunday evening, 12th of 
 June, 1825, in his seventy-fifth year. 
 
 Lincoln, Abraham, of Berks county, the son of Mordecai 
 
 47 
 
738 Sketches of the Members of the Convention. 
 
 and Mary lyincoln, was born in 1736 in Amity township, 
 Philadelphia, subsequently Berks county, Pennsylvania. His 
 father, who died in May of that year, a few months before the 
 birth of Abraham, was the ancestor of President Lincoln. 
 The subject of our sketch was brought up on the paternal 
 farm. He received a fair education, and became quite pro- 
 minent in the affairs of his native county. Prior to the 
 Revolution he served as county commissioner, continuing 
 in office during the greater part of the struggle for indepen- 
 dence. He was an active patriot, and was appointed one of 
 the sub-lieutenants of the county March 21, 1777. He served 
 in the General Assembly from 1782 to 1786, and was a del- 
 egate to the Pennsylvania convention to ratify the federal 
 constitution in 1787. He did not sign the ratification. 
 Under the act of the 14th of March, 1784, he was appointed 
 one of the Commissioners of Fisheries. He was a member 
 of the State constitutional convention of 1789-90, and ap- 
 pears to have been a man of much influence in that body. 
 He died at his residence in Exeter township, January 31, 
 1806, in his seventieth year. He married, in 1761, Anne 
 Boone, daughter of James Boone and Mary Foulke. She was 
 a full cousin of Colonel Daniel Boone, of Kentucky. The 
 Boones were Quakers, the Lincolns were Congregationalists. 
 Hence it appears by the records of Exeter Meeting, October 
 27, 1761, that Anne Boone "condones" her marriage for 
 marrying one not a member of the Society. 
 
 IvUDWiG, John, of Berks county, was a native of the county. 
 But little is known of his early history. He became, how- 
 ever, a substantial farmer, and at the opening of the Revolu- 
 tionary war was a man of prominence in the county. He 
 served as a captain in the third battalion of Associators, and 
 was in service at Trenton and Princeton. He was commis- 
 sioned a justice of the peace in 1777, and re-commissioned 
 in 1784. He was a delegate to the Pennsylvania convention 
 to ratify the federal constitution in 1787, but with his col- 
 leagues, did not sign the ratification. He served in the Gen- 
 eral Assembly in 1782-83, and again in 1788-90. In 1789 he 
 voted against calling the convention to alter the State con- 
 
Sketches of the Members of the Convention. 739 
 
 stitution of 1776. He was a member of the Pennsylvania 
 House of Representatives from 1790 to 1793. Governor 
 Mifflin appointed him a justice of the peace April 17, 1795, 
 and he was yet in commission at the time of his death, which 
 occurred in July, 1802. 
 
 IvUTz, or IvOTz, Nicholas, of Berks county, was born in 
 the Palatinate, Germany, February 20, 1740, coming to 
 America when a young man. He located in Berks county, 
 was a millwright by occupation, establishing a mill near 
 Reading, at the mouth of the Wyomessing Creek. He be- 
 came early identified with the cause of independence, and 
 was a member of the provincial conference which met at 
 Carpenters' Hall, June 18, 1776. He was in command of a 
 batallion of Associators at the battle of Long Island, where 
 he was taken prisoner, and confined until April 16, 1777, 
 when he was admitted to a parol, but not exchanged until 
 the loth of September, 1779. He was appointed commissary 
 of purchases April 3, 1780, and served in the General Assem- 
 bly almost continuously from 1783 to 1790. He was a dele- 
 gate to the Pennsylvania convention to ratify the federal con- 
 stitution in 1787, but did not sign the ratification. Under 
 the constitution of 1789-90 he served as a member of the 
 House of Representatives from 1790 to 1794. He was ap- 
 pointed by Governor Mifflin one of the associate judges of 
 Berks county, February 6, 1795, serving until a short time 
 before his death. He died at Reading on the 28th of Novem- 
 ber, 1807, aged sixty-seven years. 
 
 McKean, Thomas, of the city of Philadelphia, so,n of 
 William McKean, of Scotch-Irish ancestry, was born in 
 Chester county, Pennsylvania, March 19, 1734. He was 
 educated at the academy of Rev. Francis Alison, and entered 
 the office of David Finney, a lawyer of New Castle, Delaware. 
 He was appointed deputy prothonotary there, and afterwards 
 admitted to the bar, and in May, 1755, to that of Chester 
 county. He afterwards went to England, and studied at the 
 Middle Temple, lyondon, being admitted May 9, 1758. In 
 1762 he was elected a member of the Assembly from New 
 Castle county, and was annually returned until the Revolu- 
 
740 Sketches of the Members of the Convention. 
 
 tion, although for a portion of the time a resident of Phila- 
 delphia. In 1765 he assisted in framing the address of the 
 Colonies to the British House of Commons. In 1771 he was 
 appointed collector of the port of New Castle; was a member 
 of the Continental Congress in 1774, and annually re-elected 
 until February, 1783, serving in that body during a period of 
 eight and a half years, representing the State of Delaware. 
 During this period he was not only President of that State 
 (1781), but from July 28, 1777, to December, 1799, held the 
 office and also executed the duties of chief justice of Pennsyl- 
 vania. He was a member in 1778 of the convention which 
 framed the Articles of Confederation, President of Congress 
 (1781), and a promoter of and signer of the Declaration of 
 Independence. He commanded a battalion which served in 
 the Jersey campaigns of 1776-77. He was a delegate to the 
 Pennsylvania convention to ratify the federal constitution 
 in 1787, and, next to Wilson, one of the most fearless advo- 
 cates for its adoption. He was a member of the Pennsyl- 
 vania constitutional convention of 1789-go, and under it be- 
 came its second executive, filling the gubernatorial office 
 three terms, from December 17, 1799, to December 20, 1808. 
 He was a trustee of the University of Pennsylvania, one of 
 the founders of the Hibernian Society, and a member of the 
 Society of the Cincinnati. The College of New Jersey con- 
 ferred upon him the degree of LL.D., as did also Dartmouth 
 College. He died at Philadelphia on the 24th of June, 1817. 
 Macpherson, William, of the county of Philadelphia, 
 was born in Philadelphia in 1756. He was the son of John 
 Macpherson and Margaret Rodgers. The father was a noted 
 privateersman during the French and Spanish wars, while 
 his mother was a sister of the Rev. John Rodgers, D. D., both 
 natives of Londonderry, Ireland. The son was educated 
 partly in Philadelphia and at the College of New Jersey. At 
 the age of thirteen he was appointed a cadet in the British 
 army, and in his eighteenth year, by purchase, he was com- 
 missioned a lieutenant in the sixteenth British regiment. 
 When the Revolutionary war began, his sympathies were 
 with his countrymen, although his allegiance to his sovereign 
 
Sketches of the Members of the Convention. 741 
 
 retained him in the British service. The death of his brother, 
 Major John Macpherson, in front of Quebec, who had espoused 
 the cause of his country, completely changed his feelings. 
 Tendering his resignation, he found his way into the patriot 
 lines in 1778, and was, on the recommendation of the Supreme 
 Executive Council of Pennsylvania, commissioned by Con- 
 gress a major by brevet in the Continental Line. He served 
 as aid on the staff of L,afayette, and also on that of St. Clair, 
 with distinction. He was one of the original members of 
 the Society of the Cincinnati, served as a delegate to the 
 Pennsylvania convention to ratify the federal constitution in 
 1787, and was a member of the General Assembly, 1788-89. 
 He was appointed, September 19, 1789, by President Wash- 
 ington, surveyor of the customs at Philadelphia; inspector of 
 the revenue, March 8, 1793; and on the 38th of November, 
 1793, naval ofl&cer, which latter position he held until his 
 death. During the Whiskey Insurrection, in 1794, he com- 
 manded the Philadelphia battalion, which went by the name 
 of "Macpherson Blues." President Adams commissioned 
 him, March 11, 1799, one of the brigadier-generals of the 
 provisional army, and in the so-called Fries Insurrection he 
 was in command of the few volunteers called into that ser- 
 vice. He died at his residence near Philadelphia, November 
 5, 1813, in his fifty-eighth year. 
 
 Marshel, James, of Washington county, was born Feb- 
 ruary 30, 1753, in Lancaster county. He moved to the 
 western country some three years prior to the Revolution, 
 and settled in what is now Cross Creek township, Washing- 
 ton (then Westmoreland) county. He was on the Committee 
 of Observation for the latter county at the outset of the Rev- 
 olution, and captain in the militia for the protection of the 
 frontiers. He was appointed a justice of the peace June 11, 
 1777, and, when the county of Washington was organized, 
 commissioned one of its presiding justices. Under the con- 
 stitution of 1776 he held the office of register and recorder 
 from April 4, 1781, to November 19, 1784, and also served as 
 county lieutenant. Governor Mifflin reappointed him register 
 and recorder August 17, 1791, continuing in office to March 
 
742 Sketches of the Members of the Convention. 
 
 6, 1795. Ill the mean time he filled the position of sheriff 
 from November 3, 1784, to November 21, 1787; was a dele- 
 gate to the Pennsylvania convention to ratify the federal 
 constitution in 1787, of which he was a stern opponent; and 
 was a member of the General Assembly, session of 1789-90. 
 Biddle, in his autobiography, states that he was one of the 
 principal promoters of the disturbance in 1794, but this arose 
 from the fact that he was present when the mail was taken 
 possession of by Bradford. The fact is, interference at such 
 a time was useless. He was no doubt a man of considerable 
 influence in the community, but far from being in league 
 with the insurgents. Captain Marshall died March 17, 1829, 
 at Wellsburg, West Virginia, whither he removed towards 
 the close of the century. 
 
 Martin, James, of Bedford county, was bom in the Cum- 
 berland Valley, about the year 1750. In 1773 he resided in 
 what was then Colerain township. In the campaign of 1776 
 he commanded a company of Associators, and during the 
 Revolutionary era he was in active military service, chiefly 
 stationed on the frontiers to protect the farmers in sowing 
 and gathering their crops. He was one of the sub-lieuten- 
 ants for the county September 12, 1777, and a justice of the 
 peace for some years. On the 26th of February, 1785, he be- 
 came one of the judges of the Court of Common Pleas, and 
 in 1787 a delegate to the Pennsylvania convention to ratify 
 the federal constitution. He did not sign the ratification. 
 He was chosen a Councillor in 1789, and served in that capa- 
 city from November 12, 1789, until the constitution of 1790 
 dissolved that body. He was elected sergeant-at-arms of the 
 House of Representatives in December, 1790, serving that 
 session. On the 17th of August, 1791, Governor Mifflin com- 
 missioned him an associate judge, an office he filled accep- 
 tably up to the time of his death. 
 
 Morris, James, of Montgomery county, son of Joseph 
 Morris, was born in 1753. His father was a son of Anthony 
 Morris, who was fourth son of Anthony Morris, an only child 
 of Anthony Morris, born at St. Dunstan's, Stepney, London, 
 August 23, 1654. In 1 77 1, Joseph Morris, the father, bought 
 
FEEDERICK AUGUSTUS MUHLENKEB.&, 
 Watrl74-5-0i.-1801. ■- 
 
 J^ron^^ iik& erj^yin^ paifiUn^y if>, tke^ Jbc^ssesswn i?/ tS^^ /a^i^y. 
 
Sketches of the Members of the Convention. 743 
 
 a house and grist-mill, and ninety-four acres of land, on the 
 now Morris Road and Butler Pike, in Upper Dublin township, 
 Montgomery county, and located his son there. James Mor- 
 ris was elected to the General Assembly from Philadelphia 
 county in 1782, and again in 1783. When the county of 
 Montgomery was formed, he was commissioned one of its first 
 justices of the peace, and judge of the Court of Common Pleas 
 in 1785. He was a delegate to the Pennsylvania convention 
 to ratify the federal constitution in 1787, and a member of 
 the State constitutional convention of 1789-90. Under this 
 latter instrument. Governor Mifflin appointed him register and 
 recorder of the county, serving until March 5, 1799. He 
 was chosen a presidential elector in 1792, and in 1793 com- 
 missioned a brigadier-general of the militia, having served 
 in the military during and subsequent to the Revolution. 
 He was on the Western Expedition of 1794. General Morris 
 died the following year (1795), at the age of forty-two years. 
 
 MtTHtENBERG, Frederick Augustus, of Montgomery 
 county, was born at the Trappe, that county, June 2, 1750. 
 His father was the eminent patriarch of the I^utheran Church 
 in America, the Rev. Henry Melchoir Muhlenberg, while his 
 mother was Anna Maria Weiser, daughter of the no less 
 celebrated Conrad Weiser. At the age of thirteen, in com- 
 pany with his elder brother Peter, he entered the University 
 of Halle, Germany. He was ordained to the work of the 
 ministry, and from 1773 to 1775 was in charge of the church 
 at Lebanon, Pennsylvania, removing the latter year to the 
 city of New York, where he continued until the occupation 
 of that city by the British. He oflSciated at New Hanover, 
 Montgomery county, until called into political life, as did his 
 brother Peter, when he laid aside the gown and the duties of 
 the ministry. He was chosen to the Continental Congress in 
 1779, serving one term, the year following being elected to 
 the General Assembly, and was Speaker of that body, 1781- 
 82. He was a member of the Council of Censors, 1783-84, 
 over which body he presided. Upon the organization of the 
 county of Montgomery he was commissioned one of the jus- 
 tices of the first courts, October 4, 1784, as also register of 
 
744 Sketches of the Members of the Convention. 
 
 wills and recorder of deeds, September 21, 1784. He was a 
 delegate to the Pennsylvania convention to ratify the fed- 
 eral constitution in 1787, being President thereof, and at the 
 first election for members of Congress was chosen on the so- 
 called anti-federal ticket, his brother, General Peter Muh- 
 lenberg, being on the federal ticket and also elected. Of 
 that distinguished body he was Speaker. He was chosen 
 to the second, third, and fourth Congresses. Governor Mc- 
 Kean appointed him, January 8, 1800, receiver-general of 
 the Pennsylvania lyand Office. He died at Lancaster, the 
 seat of State government, June 4, 1801. In 1792, when 
 nominated for the third Congress, the "address" contained 
 the following: "Descended from an amiable, enlightened, and 
 revered German clergyman, Mr. Muhlenberg was naturally 
 regarded with a favorable eye by our fellow-citizens of that 
 nation; and it is certainly a fortunate circumstance that the 
 object to whom the attention of so important a part of the 
 community was directed has proved himself capable to serve 
 the public, and deserving of the confidence of his country. 
 In the year 1779, when Whig principles warmed the hearts 
 of the people and Whig politics controlled the operations of 
 the government, he was elected a member of Congress; and 
 at the expiration of that service he. was chosen Speaker of the 
 General Assembly of Pennsylvania. The contest by which 
 he was placed in a situation to be Speaker of the House of 
 Representatives in Congress will be commemorated for the 
 honor of America as long as the Union lasts; and for Mr. 
 Muhlenberg's honor the conduct which he observed in that 
 arduous and important office ought never to be forgotten. ' ' 
 
 Neville, John, of Washington county, son of Richard 
 Neville and Ann Burroughs, was born July 26, 1731, on the 
 head-waters of Occoquan River, Virginia. He served with 
 Washington in the Braddock expedition of 1755, held the 
 office of sherifi" of Frederick county, Virginia, and partici- 
 pated in the Dunmore expedition of 1774. Prior to this he 
 had taken up, by purchase and entry, large tracts of land on 
 Chartiers Creek, in Western Pennsylvania, and was elected 
 a delegate from Augusta county to the provincial convention 
 
Sketches of the Members of the Convention, 745 
 
 of Virginia, which body, on the 7th of August, 1775, ordered 
 him to march with his company and take possession of Fort 
 Pitt. On the 33d of December, 1776, he was commissioned 
 a justice of the peace for Yohogania county, but declined the 
 appointment owing to the boundary dispute, as well as being 
 commandant at Fort Pitt. He was colonel of the fourth 
 regiment of the Virginia line, and one of the original mem- 
 bers of the Virginia Society of the Cincinnati. He served as 
 a member of the Pennsylvania Supreme Executive Council 
 from November 11, 1783, to November 20, 1786, and as a 
 delegate to the Pennsylvania convention to ratify the federal 
 constitution in 1787, signing the ratification. He was elected 
 to the General Assembly in 1788 and the year following, 
 while under the constitution of 1789-90, he was chosen to the 
 House of Representatives, session of 1790-91. The latter 
 year, at the urgent solicitation of the President and the Sec- 
 retary of the Treasury, he accepted the appointment of in- 
 spector of the revenue in the Fourth Survey of the District 
 of Pennsylvania, which he held until after the suppression of 
 the Whiskey Insurrection and establishment of the supre- 
 macy of the laws of the United States. He was commis- 
 sioned by Governor Mifflin brigade inspector, and was of 
 great service in securing the defence of the frontiers of West- 
 ern Pennsylvania. Under the act of Congress of May 18, 
 1796, he was appointed the agent at Pittsburgh for the sale 
 of lands in the territory northwest of the Ohio. He died at 
 his seat on Montour's Island (now Neville township), Alle- 
 gheny county, Pennsylvania, Friday, July 29, 1803. 
 
 OrTh, Adam, of Dauphin county, son of Balthaser (died 
 October, 1788) and Gertrude Catharine Orth, was born 
 March 10, 1733, in lyebanon township, Lancaster (now I,eba- 
 non) county. His parents came to America in 1729, and he 
 was thus brought up amid the dangers and struggles of Penn- 
 sylvania pioneer life. He received the limited education of 
 the "back settlements," and yet, by self-culture and reading, 
 became a man well informed and of more than ordinary intel- 
 gence. During the French and Indian war he commanded 
 the Lebanon township company in Rev. John Elder's rang- 
 
746 Sketches of the Members of the Convention. 
 
 ing battalion. In 1769 lie was one of the commissioners of 
 the county of Lancaster. During the Revolution he was 
 early identified with the movement, and, although well ad- 
 vanced in years, assisted in the organization of the associated 
 battalions, and was appointed a sub-lieutenaut of the county 
 March 12, 1777. Upon the formation of the county of Dau- 
 phin, he served as a Representative in the General Assembly 
 in 1789 and 1790. He was a delegate to the Pennsylvania 
 convention of 1787, but opposed the adoption of the federal 
 constitution, and took an active part in the Harrisburg con- 
 ference of 1788. For a long period he operated and owned 
 New Market Forge, which at his death he bequeathed to his 
 son Henry. He was one of the pioneers in the manufacture 
 of iron in Lebanon county, a man of energy and indomitable 
 perseverance. He died November 15, 1794. 
 
 Pedan, Benjamin, of York county, son of John Pedan, 
 was born about 1740. His father in 1733 settled in Hemp- 
 field township, Lancaster county, along Big Chickies Creek, 
 half a mile below where the Pennsylvania Railroad crosses. 
 It is not known when the son removed west of the Susque- 
 hanna and took up his residence in what is now Lower 
 Chanceford township, York county. When the struggle for 
 independence came on he took an active part, and was on the 
 Committee of Observation for the county. When supplies 
 were asked for the people of Boston, personally and unaided 
 he secured grain and flour, which he took to Baltimore for 
 shipment. He was appointed by the constitutional conven- 
 tion of 1776 one of the Board of Commissioners for York 
 county, and on June 10, 1777, commissioned a justice of the 
 peace. He was a delegate to the Pennsylvania convention 
 to ratify the federal constitution in 1787, which he signed, 
 although he eventually became a prominen*: anti-federalist. 
 He was a member of the constitutional convention of 1789- 
 90, and represented his county in the Legislature of the 
 State, session of 1805-6. He died at his residence in Lower 
 Chanceford township, York county, in October, 1813. 
 
 Pickering, Timothy, of Luzerne county, son of Deacon 
 Timothy Pickering, was born at Salem, Massachusetts, on 
 
Sketches of the Members of the Convention. 747 
 
 the 17th of July, 1745. He graduated at Harvard Univer- 
 sity in 1763, studied law, and was admitted to the bar in 
 1768. At the outset of the Revolution he was on the Com- 
 mittee of Correspondence, and was the author of the address 
 of the people of Salem to the British general, Gage, on the 
 occasion of the Boston Port Bill. He first opposed an armed 
 resistance to the British troops, when, on the 26th of Feb- 
 ruary, 1775, he, while a colonel of militia, prevented their 
 crossing at a drawbridge to seize some military stores. In 
 the fall of 1776 he joined Washington's army in the Jerseys, 
 was subsequently (1777) made his adjutant-general, and 
 present at the battles of Brandywine and Germantown. On 
 the 5th of August, 1780, he succeeded General Greene as 
 quartermaster-general. He was a member of the Pennsylva- 
 nia Society of the Cincinnati. After the war he took up his 
 residence in Philadelphia, and in 1786 was sent by the gov- 
 ernment to assist in adjusting the claims pf the Connecticut 
 settlers in Wyoming. For an account of his adventures in 
 that section, see "Hazard's Register," Vol. VII. In 1787 
 he represented the county of lyuzerne in the Pennsylvania 
 convention to ratify the federal constitution, but did not 
 sign the ratification. At that period he held the offices of 
 prothonotary, clerk of the courts, etc., for that county, and 
 was subsequently a member of the Pennsylvania convention 
 of 1789-90. He opposed Governor Mifflin's election to the 
 gubernatorial office, but, nevertheless, continued to hold 
 his positions under him. President Washington appointed 
 him Postmaster-General, November 7, 1791, which he held 
 until the 2d of January, 1795: filled the office of Secretary 
 of State from December 10, 1795, to the 12th of May, 1800. 
 Leaving office poor, he settled on a tract of land he possessed 
 in Pennsylvania. He returned to Salem, Massachusetts, the 
 year following, afterwards filling the various offices of judge 
 of the courts. United States Senator, 1803-11, and member of 
 the Massachusetts Board of War, 1812-14, and member of 
 Congress, 1815-17. He wrote quite a number of political 
 pamphlets during his brilliant political career, and was one 
 of the leaders of the federal party. He died at Salem, 
 Massachusetts, on the 2'9th of January, 1829. 
 
74^ Sketches of the Members of the Convention. 
 
 Powell, Joseph, of Bedford county, born about 1750, in 
 Bethlehem township, Northampton county, Pennsylvania, 
 son of Joseph Powell, a Moravian clergyman from White 
 Church, Shropshire, England. He studied for the ministry, 
 was settled in Bedford county, and during the Revolutionary 
 period became quite prominent in political affairs. He was 
 a member of the Pennsylvania convention to ratify the fed- 
 eral constitution in 1787, but united with his colleagues in 
 opposing the ratification. As stated in the sketch referred 
 to, he was a member of the State constitutional convention 
 of 1776, and also of 1789-90. He died in November, 1804, 
 in Bedford county. 
 
 Reynolds, John, of Cumberland county, was bom in 
 1749, near Shippensburg, that county. His father, John 
 Reynolds, came from the north of Ireland and settled in the 
 valley at an early period. Although there were three John 
 Reynolds in that settlement during the Revolutionary 
 period, the subject of our sketch appears to have been the 
 more prominent one, "Justice Rannels," as he is generally 
 noted. He was commissioned a justice of the peace prior to 
 the Revolution, and during the struggle for independence 
 was an active partisan. He was continued in commission of 
 the peace by the Supreme Executive Council, June 9, 1777, 
 and by virtue of seniority became one of the judges of the 
 Court of Common Pleas. He was a member of the Pennsyl- 
 vania convention to ratify the federal constitution in 1787, 
 but voted against the ratification. He was an elder, as also 
 was his father, of Middle Spring Presbyterian Church. He 
 died the 20th of October, 1789, aged forty years. 
 
 Richards, John, of Montgomery county, son of Matthias 
 and Margaret (Hillegas) Richards, was born April 17, 1753, 
 in new New Hanover township, that county. His grand- 
 father, John Frederick Richards, came from Wiirtemberg, 
 Germany, to Pennsylvania prior to 1720, his warrant for a 
 tract of land bearing that date. He died in 1748, and his son 
 John in March, 1775, at the age of fifty-six years. The life 
 of the subject of this sketch was an eventful and busy one, — 
 with a fine estate, he was a progressive farmer, store-keeper, 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 DR . BENJAMIN RUSH . 
 
 Prom i:av en^rctvc*za i*v the-^rmrica^f O^niii/er^aZ Ma^OAine'. 
 
Sketches of the Members of the Convention. 749 
 
 and iron-master. Having been appointed one of the justices 
 of the peace for Philadelphia county, June 6, 1777, he was 
 continued in commission, and upon the organization of the 
 county of Montgomery, became one of the judges of the 
 Court of Common Pleas, November i, 1784. He was elected 
 to the fourth Congress, 1796-97, and from 1801 to 1807 served 
 in the State Senate. He died November 13, 1822, at the age 
 of sixty-nine years. 
 
 Roberts, Jonathan, of Montgomery county, eldest son 
 of Matthew Roberts and Sarah Walter, was born in 1731. 
 His grandfather, John Roberts, a native of Pennychland, 
 Denbighshire, North Wales, came to America about the year 
 1682, and settled in I^ower Merion, now Montgomery county. 
 Jonathan was brought up as a farmer. From 1771 to 1775 
 he served in the provincial Assembly. When the Revolu- 
 tionary struggle came on, belonging to the Society of Friends, 
 he took the position of "a non-militant Whig," — that is, he 
 aided the patriot cause secretly, but did not bear arms. At 
 the close of the struggle, when measures were taken to divide 
 the county of Philadelphia, he became quite prominent in 
 the formation of the county of Montgomery in 1784. He 
 was one of the commissioners named in the act, and chiefly 
 through his efibrts was the county-seat located at Norristown. 
 This injured him more or less politically, but he was a man 
 always above reproach, and the bitterjess^of feeling soon 
 subsided. He was elected a delegate to the Pennsylvania 
 convention to ratify the federal constitution in 1787, and gave 
 his vote for ratification, although he thought the outlines of 
 that instrument were perhaps a too faithful copy of the British 
 theory of government. From 1788 to 1790 he served in the 
 General Assembly, and was a member of the House of Rep- 
 resentatives, sessions of 1790-91 and 1799-1800. Mr. Roberts 
 died in 1812, at the age of eighty-two years. 
 
 Rush, Benjamin, of the City of Philadelphia, was born 
 December 24, 1745. in Byberry township, county of Phila- 
 delphia. He was educated at the College of New Jersey, 
 from whence he graduated in 1760. He studied medicine 
 under Dr. John Redman, a famous physician in his day. 
 
750 Sketches of the Members of the Convention. 
 
 went to Edinburgh, and graduated from the university there 
 as Doctor of Medicine in 1768. Passing some time in the 
 London hospitals, he returned to Pennsylvania, and in 1769 
 was elected Professor of Chemistry in the College of Philadel- 
 phia. He was in the successful practice of his profession 
 when the war of the Revolution commenced. His native 
 State establishing a navy for the protection of the Delaware, 
 he was commissioned, September 27, 1775, fleet-surgeon 
 thereof, only resigning, July, 1776, when he was elected by 
 the General Assembly to the Continental Congress. He was 
 one of the after-signers of the Declaration of Independence. 
 He was on the commission to establish and superintend a 
 saltpetre factory in Philadelphia in 1775, and was a member 
 of the provincial conference held at Carpenters' Hall, June 
 18, 1776. In 1777 he was appointed physician-general to the 
 hospital of the Middle Department, and served with great 
 usefulness. In 1779 he assisted in organizing the Republican 
 Society, which had for its object the revision of the Pennsyl- 
 vania constitution of 1776. Towards the close of the war he 
 was active in the cause for the abolition of slavery, and for 
 a long time was secretary of the Pennsylvania Society. He 
 was an intimate friend of the author of " Common Sense," 
 and a pamphleteer of considerable prominence. In 1787 he 
 was elected a delegate to the Pennsylvania convention to 
 ratify the federal constitution, of which he was an earnest 
 advocate. On the death of Dr. John Morgan, in 1789, he 
 succeeded to the chair of the Theory and Practice of Medi- 
 cine, and when, in 1791, the College of Philadelphia was 
 transformed into the University of Pennsylvania, he became 
 professor of the Institutes and Practice of Medicine and 
 Clinical Practice, afterwards that of the Practice of Physic 
 being added. Until the end of his life he filled these posi- 
 tions with distinguished ability. From 1790 to 1795 he was 
 resident port-physician of the City of Philadelphia; was 
 cashier of the United States Mint; and, upon the incorpora- 
 tion of Dickinson College, Carlisle, one of its original trus- 
 tees. During the yellow-fever epidemic in Philadelphia in 
 1793 he remained at his post and battled with the fearful 
 
Sketches of the Members of the Convention. 751 
 
 scourge, saying to those who counselled him to regard his 
 personal safety, "I will remain if I remain alive." He died 
 in Philadelphia, April 19, 1813, leaving a reputation in his 
 professional life only equalled by his sterling patriotism and 
 his great philanthropy. 
 
 Scott, Thomas, of Washington county, was born Febru- 
 ary 28, 1739, in Donegal township, Lancaster county. In 
 1770 he removed with his family to Western Pennsylvania, 
 and settled on Dunlap's Creek, near the Monongahela. 
 Shortly after the erection of Westmoreland county, January 
 II) 1/74) lie was appointed a justice of the peace, and in that 
 capacity was a warm and able supporter of the Pennsylvania 
 jurisdiction, and drew on himself the particular resentment 
 of the partisans of Virginia. When this contest sunk in the 
 great cause of the Revolution, he was elected, in 1776, to the 
 first Assembly under the constitution of the State passed that 
 year. He was a member of the Council of Safety from West- 
 moreland county in 1777, and elected to the Supreme Execu- 
 tive Council, in which body he served three years. When 
 the county of Washington was organized in 1781, he was ap- 
 pointed prothonotary April 2, 1781, serving until March 28, 
 1789. He was a delegate to the Pennsylvania convention to 
 ratify the federal constitution in 1787, and in 1788 elected a 
 member of the first Congress under that instrument, which 
 he so zealously supported against the protests of his constitu- 
 ents and the contrary action of his colleagues. As the change 
 of the constitution of Pennsylvania occasioned a new ap- 
 pointment of State ofiicers in 1791, he declined being consid- 
 ered as a candidate for a seat in the second Congress, with a 
 view to retain his office as clerk of the courts in Washington 
 county. Governor Mifiiin thought proper to supersede him. 
 At the election, however, a few weeks after, he was chosen a 
 member of the Assembly, and in 1792 a member of the third 
 Congress. With only such opportunities of study as his res- 
 idence in Philadelphia while in Council afibrded him, and 
 unaided by a liberal or professional education, he was ad- 
 mitted to the Washington county bar at the September term, 
 1791, afterwards to other of the western counties, and was a 
 
752 Sketches of the Members of the Convention. 
 
 successful advocate. And it may be here stated that his ar- 
 guments were natural and judicious, his language nervous, 
 and his elocution remarkably emphatic. Mr. Scott died at 
 his residence in the town of Washington, whither he removed 
 upon the organization of the county, on Wednesday, March 
 2, 1796, a few days after he had completed his fifty-seventh 
 year. 
 
 Slagle, Henry, of York county, son of Christopher Sla- 
 gle, an emigrant from Saxony, was born in 1735 in Lancaster 
 county, Pennsylvania. He was commissioned one of the pro- 
 vincial magistrates, in October, 1764, and was continued in 
 the office by the convention of 1776. In December, 1774, he 
 served on the committee of inspection for York county; com- 
 manded a battalion of Associators in 1776; was a member of 
 the provincial conference of June 18, 1776; and of the subse- 
 quent convention of the 15th of July. He was appointed by 
 the Assembly, December 16, 1777, to take subscriptions for 
 the continental loan; and November 32, 1777, acted as one of 
 the commissioners who met at New Haven, Connecticut, to 
 regulate the price of commodies in the colonies. He repre- 
 sented York county in the General Assembly from 1777 to 
 1779; was appointed sub-lieutenant of the county, March 30, 
 1780; one of the auditors of depreciation accounts for York 
 county, March 3, 1781; delegate to the Pennsylvania conven- 
 tion to ratify the federal constitution in 1787, and member of 
 the constitutional convention of 1789-90. He was commis- 
 sioned by Governor Mifflin one of the associate judges of 
 York county, August 17, 1791, and continued as such, on the 
 organization of Adams county, and represented the latter 
 county in the legislature, session of 1801-2. He served as 
 one of the original trustees of Dickinson College, and was 
 a zealous supporter of the system of public education, which 
 he did not live to see adopted. He died at his residence in 
 Adams county. 
 
 Smiue, John, of Fayette county, son of Thomas Smilie, 
 was born September 16, 1742, in county Down, Ireland. His 
 father came to Pennsylvania at an early period and settled in 
 Lancaster county. The son early espoused the patriot cause, 
 
Sketches of the Members of the Convention. 753 
 
 and at once took sides, being a member of the County Com- 
 mittee, of the provincial conference held at Carpenters' Hall 
 June 18, 1775, and that of June 18, 1776. In the latter year, 
 and that of 1777, he served as a private in the Associators, 
 and continued in that situation during the most critical 
 periods of the war. In 1778, and again in 1779, he was 
 elected to the General Assembly from I^ancaster county, and 
 became an ardent promoter of the act of 1780, providing for 
 the gradual abolition of slavery in Pennsylvania. In 1781, 
 he removed with his family to then Westmoreland county, 
 and was chosen a member of the Council of Censors, 1783- 
 84, from that county. When the county of Fayette was or- 
 ganized in 1784, he was chosen its first Representative in the 
 General Assembly, re-elected in 1785, and served in the 
 Supreme Executive Council from November 2, 1786, to No- 
 vember 19, 1789. He was a delegate to the Pennsylvania 
 convention to ratify the federal constitution in 1787 — op- 
 posed the ratification — and was one of the anti-constitutional 
 party who were mobbed in Philadelphia on the evening of 
 the 6th of November, that year. With Gallatin, he repre- 
 sented Fayette in the State constitutional convention of 
 1789-90. In 1790 he was elected to the State Senate, but in 
 1792, having been elected to the third Congress, he resigned 
 the last year of his senatorial term. He was sent to the Penn- 
 sylvania House of Representatives in 1795, '96, and '97, and 
 was a presidential elector in 1796. In 1798 he was again 
 chosen to Congress, the sixth, and re-elected to the succeed- 
 ing Congresses up to and including the thirteenth. He died 
 at the city of Washington on the 29th of December, 1813, 
 aged seventy-one years. 
 
 Stout, Abraham, of Bucks county, was born in Rockhill 
 township, Bucks county, in 1740. His father, Jacob Stout, 
 in 1735, came from Germany and purchased a tract of land 
 in the Proprietaries' manor of Perkasie, now covering the 
 village of Perkasie. The son seems to have been an influen- 
 tial farmer; was chosen a delegate to the Pennsylvania con- 
 vention to ratify the federal constitution in 1787, and also 
 a member of the constitutional convention of 1789-90. He 
 48 
 
754 Sketches of the Members of the Convention. 
 
 held the office of justice of the peace from August 27, 1791, 
 to January 20, 1795. He died in June, 1812. 
 
 Todd, William, of Westmoreland county, was born about 
 1739, at the Trappe (now Montgomery county), Pennsylvania. 
 His father was Robert Todd, a native of County Down, Ire- 
 land, who came to Pennsylvania in 1737, and located in then 
 Philadelphia county, where he died in 1775. He was the 
 ancestor of the Todd family of Kentucky, from whom de- 
 scended the wife of President Lincoln. William Todd went 
 to Western Pennsylvania about 1765, locating at first within 
 the limits of Bedford county. He was a man of more than 
 ordinary prominence, was appointed by the provincial con- 
 ference held at Carpenters' Hall, Philadelphia, in June, 1776, 
 one of the judges of the electiomin the western part of Bed- 
 ford county for members of the first constitutional conven- 
 tion, by which latter body he was appointed one of the com- 
 missioners of that county, and also a justice of the peace. 
 Shortly after he removed to Westmoreland county, where he 
 settled upon land subsequently warranted to him, located 
 "on both sides of the road leading from Cherry's Mill to 
 Bud's Ferry, Youghiogheny River, Mount Pleasant town- 
 ship." He served in the General Assembly from 1783 to 
 1789, and opposed the calling of the convention of 1789-90. 
 He was chosen a delegate to the Pennsylvania convention of 
 1787, voting against its ratification; and was also a member 
 of the constitutional convention of 1789-90. He was an as- 
 sociate judge from August 17, 1791, to December 3, 1794, 
 when he resigned to take his seat in the State Senate, serving 
 one term, 1794 to 1796. He died in October, 1810. 
 
 Wayne, Anthony, of Chester county, son of Isaac Wayne, 
 was born January i, 1745, in that county. His grandfather, 
 Anthony Wayne, who commanded a squadron of dragoons 
 at the battle of the Boyne, came to Pennsylvania in 1722. 
 The father was prominent in local affairs, and was a member 
 of the provincial Assembly, 1757 to 1764. The son was a 
 farmer and surveyor. In 1774 he was chosen to the General 
 Assembly, was a deputy to the provincial conference of July 
 ^5) 1774) and a delegate to the provincial convention, Janu- 
 
Sketches of the Members oj the Convention. 755 
 
 ary 23, 1775. He was on the Committee of Safety from June 
 3O) "^m-, resigning when he was commissioned colonel of the 
 fourth battalion of the Pennsylvania L,ine, January 3, 1776. 
 He was in the Canada campaign of that year, and wounded 
 at Three Rivers. On the 23d of November, General Schuy- 
 ler assigned him to the command of the fortress of Ticon- 
 deroga and garrison, composed of Wood's, Dayton's, Irvine's, 
 Russell's, Whitcomb's, and his own battalion. He was pro- 
 moted brigadier-general February 21, 1777. In May follow- 
 ing, at his own earnest solicitation, he was called to the main 
 army, where he arrived on the 15th of that month, and was 
 placed in command of a brigade. He was with Washington 
 at the battle of Brandy wine, September 11, 1777, and held 
 his ground against Knyphausen until the right of the Ameri- 
 can army was turned. He was surprised at the Paoli on the 
 night of the 20th of September, and demanding a court of 
 inquiry, was honorably acquitted. He was wounded at Ger- 
 mantown, and greatly distinguished himself at Monmouth. 
 For his conduct at the storming of Stony Point, one of the 
 most gallant achievements of the struggle for independence, 
 on the night of July 15, 1779, Congress gave him a vote of 
 thanks and a gold medal. His conduct during the revolt of 
 the Pennsylvania Line, and his subsequent brilliant career in 
 the South until the close of the Revolution, render the name 
 of Wayne illustrious. Returning home, the well -scarred 
 veteran was the recipient of many honors. Chester county 
 elected him a member of the Council of Censors, 1783-84, 
 and from 1784 to 1786 he represented her in the General As- 
 sembly of the State. He was a delegate to the Pennsylvania 
 convention to ratify the federal constitution of 1787, and 
 espoused the cause of its adoption. The defeat of St. Clair 
 on the Maumee, in November, 1791, required a change of 
 commanders, and the eyes and hopes of the people were 
 turned to the discreet and cautious Wayne. He was ap- 
 pointed by President Washington, April 3, 1792, general-in- 
 chief of the army, and on the 20th of August following, by 
 the admirable discipline, courage, and bravery of his troops, 
 he gained the battle of " Fallen Timbers," and dictated terms 
 
756 Sketches of the Members of the Convention. 
 
 to the savages at Greenville. On the 14th of December, 
 1796, General Wayne suddenly closed his military career at 
 Presqu' Isle, and was buried on the shores of I^ake Erie. His 
 remains were removed to Chester county in 1809, and in 1811 
 the Society of the Cincinnati, of which he was an original 
 member, erected over them a plain, substantial monument. 
 
 WhitehilIv, John, of Lancaster county, was born Decem- 
 ber I, 1729, in Salisbury township, that county. His father, 
 James Whitehill, a native of the north of Ireland, settled on 
 Pequea Creek, in 1733. John received a good education. 
 He was an ardent patriot, and came into prominence at the 
 beginning of the Revolution. The Supreme Executive Coun- 
 cil appointed him, March 31, 1777, one of the justices of the 
 Common Pleas for Lancaster, and in the years 1778 to 1783 
 he represented the county in the General Assembly. He 
 served as a member of the Council of Censors, 1783-84, and 
 was a delegate to the Pennsylvania convention to ratify the 
 federal constitution of 1787, but did not sign the ratifica- 
 tion. From December 23, 1784, to December 16, 1787, he 
 was a member of the Supreme Executive Council. Under 
 the constitution of 1790 he was appointed by Governor Mif- 
 flin an associate judge of the county of Lancaster, August 17, 
 1 79 1. He was a presidential elector in 1796, and elected to 
 the eighth and ninth Congresses, serving with distinguished 
 ability. A rigid Presbyterian, he was a trustee and elder of 
 the church at Pequea. He died at his residence, Salisbury, 
 in 1815. He left a large landed estate. Brought to the front 
 by the Revolutionary war, he proved to be, like his compeers, 
 a person of indomitable courage and vigor of intellect, and 
 was ever tenacious of republican principles. He belonged to 
 the JefFersonian school of statesmen. 
 
 Whitehill, Robert, of Cumberland county, was bom 
 July 24, 1735, in Salisbury township, Lancaster county, 
 Pennsylvania. He was the son of James Whitehill and his 
 wife, Rachel Cresswell, and younger brother of the subject 
 of the preceding sketch. He was educated in the school of 
 the Rev. Francis Allison. In the spring of 1771 he removed 
 to Cumberland county, locating on a farm two miles west of 
 
Sketches of the Members of the Convention. 757 
 
 Harrisburg. His entire public life was a successful and bril- 
 liant one. He was a member of the County Committee of 
 1774-75; of the convention of July 15, 1776; of the Assembly, 
 1776-8; Council of Safety from October to December, 1777; 
 member of the Supreme Executive Council, December 28, 
 1779 to November, 30, 1781; of the Assembly, 1784-7; under 
 the constitution of 1790, member of the House of Represen- 
 tatives from 1797 to 1801, and of the Senate from 1801 to 
 1804. During his term as Senator he was speaker of that 
 body, and presided at the celebrated impeachment of the Su- 
 preme. Court of Pennsylvania. In 1805 he was elected to 
 Congress, and continued to be a member thereof until his 
 death. From 1774 to the time of his death he filled almost 
 every position in the gift of the people. In the Pennsylvania 
 convention to ratify the federal constitution of 1787 he was 
 one of the leaders in opposing the ratification, and it is to be 
 regretted that his remarks were not fully reported. He died 
 at his residence in Cumberland county, two miles west of the 
 Susquehanna, on the 7th of April, 1813, while a member of 
 Congress. 
 
 Wilson, James, of the city of Philadelphia, was born 
 September 14, 1743, in the L,owlands, near St. Andrew's, 
 Scotland: His studies were pursued at Glasgow, St. An- 
 drew's, and Edinburgh, emigrating to Pennsylvania in 1766, 
 where he became a tutor in the College of Philadelphia. He 
 at once began the study of the law with John Dickinson, 
 one of the ablest legal minds in America, and was admitted 
 to the bar November, 1767. He shortly after took up his 
 residence at Carlisle, where he was in the enjoyment of a 
 good practice when the war of the Revolution began. He 
 early espoused the patriot cause, and was chosen a delegate 
 from Cumberland county to the provincial convention held 
 at Philadelphia, January 23, 1775. On May 6, 1775, the 
 Assemby elected him one of the deputies to the Continental 
 Congress, and on the loth he took his seat in that body. 
 He was re-elected by the Assembly, November 4, 1775, and 
 voted for the Declaration of Independence, to which he had 
 the honor of afl&ixing his signature. The State constitu- 
 
758 Sketches of the Members of the Convention. 
 
 tional convention, on July 20, 1776, chose him to the same 
 position, and on March 10, 1777, he was elected by the As- 
 sembly. In 1782-83, and again in 1785-86, he served in that 
 body. On May 23, 1782, he was appointed brigadier-gen- 
 eral of the Pennsylvania militia. During the closing years 
 of the Revolution he acted as the advocate-general of France 
 in America, and for this service was handsomely rewarded 
 by that government. In 1779 he was one of the active mem- 
 bers of the Republican Society formed for the purpose of urg- 
 ing the revision of the State constitution of 1776. He was 
 appointed by the Supreme Executive Council and the Assem- 
 bly, February 14, 1784, one of the counsellors on the cause 
 between Pennsylvania and Connecticut, a case which he con- 
 ducted with great legal ability. He was a member of the 
 convention which framed the federal constitution of 1787, 
 and also of the Pennsylvania convention called to ratify that 
 instrument, being its foremost defender. It may with truth 
 be said that to him is due the honor of its ratification by that 
 body. President Washington appointed him, in September, 
 1789, a judge of the United States Supreme Court. He was 
 also a member of the constitutional convention of 1789-90. 
 In addition to these duties he accepted the appointment in 
 1790 of law professor in the University of Pennsylvania. 
 His course of lectures are published in his works, edited by 
 his son. In 1792 he published, in connection with Chief 
 Justice McKean, of Pennsylvania, ' ' Commentaries on the 
 United States Constitution." During the Revolutionary 
 period he published several pamphlets relating to the contest 
 with the mother-country.. Judge Wilson died at Edenton, 
 North Carolina, August 28, 1798, while on his judicial cir- 
 cuit, and was there buried. He was a profound thinker, and 
 thoroughly learned in the law. His scientific attainments were 
 of a high order, and the degree of Doctor of Laws was con- 
 ferred upon him. Graydon, in his " Memoirs," says of Wil- 
 son, referring to the Pennsylvania convention : ' ' He never 
 failed to throw the strongest lights on his subject, and thence 
 rather to flash than elicit conviction syllogistically. . . . He 
 produced greater orations than any other man I have heard; 
 
Sketches of the Members of the Convention. 759 
 
 and I doubt much whether the ablest of those who sneer at 
 his occasional simplicities and 'brilliant conceits' would not 
 have found him a truly formidable antagonist." 
 
 Wilson, William, of Northumberland county, emigrated 
 from the north of Ireland when quite young. Upon the 
 breaking out of the Revolution he was commissioned ensign 
 of Captain John Lowdon's company. Colonel William 
 Thompson's battalion, June 25, 1775, and marched to Cam- 
 bridge, Massachusetts. He was promoted second lieutenant 
 January 4, 1776. His regiment re-enlisting for the war, 
 under General Edward Hand, became the first Pennsylva- 
 nia regiment of the Continental I,ine. He was promoted 
 first lieutenant September 25, 1776, and to captain March 2, 
 1777. His regiment, in Wayne's division, took a very prom- 
 inent part in the action at Monmouth, June 22, 1778, where 
 the Royal Grenadiers under Colonel Monckton undertook to 
 break the centre occupied by Wayne and the Pennsylvania 
 I/ine. Colonel Monckton was killed, and in a hand-to-hand 
 fight over the colors of the Grenadiers they were secured by 
 Captain Wilson, and are in possession of his descendants at 
 Bellefonte. He was mustered out November 3, 1783, and 
 settled in the mercantile business in Northumberland, Penn- 
 sylvania. On the death of Colonel Samuel Hunter, he suc- 
 ceeded him as county lieutenant, commission dating May 20, 
 1784. In the fall of 1787, Colonel Wilson and his partner in 
 business, Captain John Boyd, were elected delegates to the 
 Pennsylvania convention to ratify the federal constitution. 
 There were parties in politics even at that time, and the rul- 
 ing party in Northumberland county were opposed to the 
 proposed constitution ; but the old officers of the army rallied 
 to its support, and selected two of their own number for 
 delegates. In 1789 he became a member of the Supreme 
 Executive Council, serving one year. In connection with 
 his partner. Captain Boyd, he built Chillisquaque Mills, at 
 the mouth of that creek, four miles above Northumberland. 
 He was appointed an associate judge January 13, 1792. In 
 September, 1794, he took a prominent part in favor of the 
 government in suppressing liberty-poles and demonstrations 
 
760 Sketches of the Members of the Convention. 
 
 on the part of those who sympathized in the Whiskey Insur- 
 rection. In 1798, when war was threatened with the French 
 Directory and a provisional army was authorized, Washing- 
 ton selected Colonel Wilson for one of his division command- 
 ers. Happily, there was no necessity to bring that army 
 into the field. He died in 1813. 
 
 Wynkoop, Henry, of Bucks county, son of Nicholas 
 Wynkoop, was born in Northampton township, that county, 
 March 2, 1737. His great-grandfather, Gerardus Wynkoop, 
 settled in Moreland township, then Philadelphia county, in 
 1717. Henry Wynkoop, who received a collegiate education, 
 came into active prominence at the outset of the Revolution- 
 ary struggle. He was on the County Committee of Observa- 
 tion in 1774, a deputy to the provincial conference of July 
 15, that year, and a member of the provincial conference 
 which met at Carpenters' Hall on the 18th of June, 1775. He 
 was chosen major of one of the Associated battalions, and 
 was an efiicient officer. He was on the General Committee 
 of Safety from July, 1776, to July, 1777. The General As- 
 sembly appointed him one of the commissioners to settle the 
 accounts of county lieutenants, December 4, 1778, and on 
 March 3, 1779, when Edward Biddle resigned his seat in 
 Congress, Major Wynkoop was chosen by that body to fill the 
 position, being re-elected November 24, 1780, and November 
 22, 1781. He was commissioned one of the justices of the 
 Court of Common Pleas and Orphans' Court, November 18, 
 1780, but resigned June 27, 1789, having been elected to the 
 first Congress, 1789-91. On the expiration of his Congres- 
 sional term he was appointed by Governor Mifflin an associ- 
 ate judge of Bucks county, August 17, 1791, filling that 
 honorable station until his death, October 24, 1812. 
 
 YARDI.EY, Thomas, of Bucks county, was a native of 
 Lower Makefield township, that county. He was descended 
 from William Yardley (1632-93) and his wife Jane, of Banse- 
 lough, near I^eek, in Staffordshire, England, who, with their 
 children, Thomas and William, arrived at the Falls Septem- 
 ber 28, 1682, and settled in Lower Makefield township, taking 
 up a large tract of land, covering the site of Yardleyville. 
 
Sketches of the Members of the Convention. 761 
 
 He was a delegate to the Pennsylvania convention to ratify 
 the federal constitution of 1787, and voted for the ratification. 
 Governor Mifflin appointed him a justice of the peace August 
 27) i79i> which office he held until February 31, 1794, which, 
 we presume, was the date of his death. 
 
 Yeates, Jasper, of Lancaster county, the son of John 
 Yeates and his wife, Elizabeth Sidbotham, was born April 9, 
 1745, in the City of Philadelphia. He was educated at the 
 College of Philadelphia, studied law, and was admitted to the 
 bar October 5, 1765. Shortly after he located at Lancaster. 
 When the war of the Revolution opened he took an active 
 part, and was chairman of the Committee of Observation for 
 Lancaster county. In 1776 he was one of the commissioners 
 appointed to hold a conference with the Indians at Fort Pitt. 
 Throughout the war for independence he occupied a con- 
 spicuous position in every patriotic effort. He was a mem- 
 ber of the Pennsylvania convention to ratify the federal 
 constitution, and one of the committee which reported the 
 form of ratification. He was a strong federalist. Under the 
 State constitution of 1789-91 he was commissioned by Gov- 
 ernor Mifflin, March 21, 1791, a justice of the Supreme 
 Court of Pennsylvania. President Washington appointed 
 him one of the commissioners to confer with the insurgents 
 in the so-called Whiskey Rebellion of 1794. In 1805, when 
 politics ran exceedingly high in the State, he, with Chief 
 Justice Shippen and Judge Thomas Smith, was impeached, 
 tried, and acquitted, upon one of the most trivial charges 
 which ever engaged the attention of a legislative body. He 
 remained in office until his death, at Lancaster, March 14, 
 1817. Judge Yeates was the author of four volumes of 
 "Reports of Cases in the Supreme Court of Pennsylvania," 
 published after his death. 
 
APPENDIX. 
 
NOTES OF THE DEBATE 
 
 PENNSYLVANIA CONVENTION 
 
 TAKEN BY 
 
 JAMES WILSON. 
 
 From the Original Manuscript in the Historicai, Society op 
 Pennsylvania. 
 
 [The foot-notes to this appendix are given as marginal notes in the original manuscript 
 of James Wilson, and appear to be brief memorandums for a reply]. 
 
 In Convention 
 
 Monday, 26tli Nov., 1787, P. M. 
 
 * Mr. McKean — There can be only one Question before us. The Question 
 on separate Paragraphs -would preclude A Vote of Approbation on the whole 
 system. Each Paragraph may be discussed; but without taking a Question 
 on the whole. A House convenient on the whole, may be defective in some 
 of its Apartments. We come not to compose a new Book. 
 
 Moved and seconded that the tenth Rule be repealed. 
 
 Mr. Smilie — It would be more proper to go into a Committee on the whole 
 than to repeal the Rule. — By going into a Committee there will be a double 
 Investigation. 
 
 t Mr. R. Whitehill — We are not precluded from proposing Amendments — 
 We are going to examine the Foundations of the Building. By proposing 
 Amendments we can hear what they say in the other States, and then can 
 accommodate. 
 
 Mr. Smilie — In a legal Discussion I am inferior to (Mr. McKean.). — The 
 mode proposed by him is contrary to every Idea of Order. — ^The Mode that 
 will give the longest Time to consider should be preferred. 
 
 In convention we can consider only each part once. — The People of Penna. 
 
 ♦The Matters of Form reduced to sound sense. 
 
 The Repeal of the Rule on Step to obtain the same free Debate as in Committee. 
 We have another Advantage as every Thing will appear on the Minutes. 
 We must take the System on the whole and, as the Result of the whole, ratify or not 
 ratify. 
 The gen'l Convention took allowances of Power, and were not appointed by the People. 
 
 f To whom shall we propose Amendments ? 
 
 Do we know they will be agreeable to our Constcy as much in this as 
 
 Time in the other States. 
 
 (765) 
 
766 Appendix. 
 
 will be taxed by the Representatives of U. S. — The Freemen of Penna. -will 
 think and act. 
 
 Mr. Scott — We are come to stamp the System with the Authority of the 
 People, or to refuse it that Stam.p. 
 
 Tuesday, 27th Nov., 1787, A. M. 
 
 Mr. Whitehill — Moves that Reasons for Yeas and Nays may be entered on 
 the Journals. 
 
 Mr. McKean — A Speech to promote Candour and mutual Forbearance. — 
 No two Govts, exactly alike. 
 
 Division of the legislative Power, into two Branches, with a qualified 
 Negative highly proper — these should be Permanency iu the Magistracies, 
 and Stability in the Laws. 
 
 *The Constitution opens with a solemn and practical Declaration — that 
 the Supreme Power resides in the People. It is announced in their Name. 
 They ordain and establish. They can repeal and annul. 
 
 There should be more than one Branch. 
 
 fl. In order to secure Liberty and the Constitution, it is absolutely neces- 
 sary that the Legislature should be restrained. 
 
 It may be restrained in several Ways: 
 
 1. By the Judges deciding agst. the Legislature in Favor of the Constn. 
 
 2. By Elections at proper Intervals of Time. 
 
 3. By the Interposition of the Supreme Power of the People on necessary 
 Occasions. 
 
 4. Principally by a Division of the legislative Authority into more Bodies 
 than one. 
 
 State the Necessity and Operation of this Division. 
 
 II. There will be more Caution — ^more Precision — more Stability in the Laws. 
 
 III. On the Principles of the Constitution, the States should be represented 
 and possess the Powers of self-preservation. 
 
 J This power is so strongly guarded, that it never can be lost to any State, 
 without its own Consent. 
 
 Ill-founded is the Objection of annihilating the State Governments. 
 II The Usefulness of the qualified Negative. 
 
 1. It enlarges the Field of Deliberation and Debate. 
 
 2. It provides the materials of a practical History of Legislation. 
 
 3. It secures an additional Degree of Deliberation in passing the Law. 
 
 §4. It gives an additional Independency and Security to the Powers dele- 
 gated to the executive Department. 
 1[The importance of the Right of Sufirage. 
 
 * Preamble.— Contrast this with the Principle ai Magna Charta. 
 
 I Art, I, a, 1. 
 
 X I^ast Proviso in Art. 5. 
 
 1 The objections of the Presids. wiU be assisted by the Knowledge and Experience of the 
 Heads of Departments. Art. 2, s. 2. 
 
 §The Judges possess their power of Independence and Self-Preservation by their Decis- 
 ions. 
 If Art. i, s. 2. 
 Mont. 6, 2, c. 2. 
 
Appendix. 767 
 
 In Convention. 28tli Sept., [sic] 1787. 
 
 Mr. Smilie— There is no Security for our Rights in this Constn. 
 
 Preamble to Declr. of Independence. 
 
 Why did they omit a Bill of Rights ? 
 
 With Respect to Trial by Jury and Hab. Cor. there is a Bill of Rights. 
 
 Without one we cannot know when Congress exceed their Powers.— There 
 is no Check but the People— no Security for the Rights of Conscience 
 6th Article of the Constu. 
 
 This sweeping Clause levels all the Bills of Rights of the several States 
 and their Governments are not confirmed. 
 
 Mr. Whitehill — If we were sure that the general Government would not in- 
 fringe on the State Govts, we would be satisfied. Power is of an increasing 
 Nature. — We are not bound by Forms or Examples of other Countries. We 
 should improve on them. 
 
 "We the People" — changes the Principles of Confederation and intro- 
 duces a consolidating and absorbing Government. 
 
 Does not this System violate the Confedn ? 9 States are sufficient here, 13 
 were necessary before — may not the other 4 still insist on the Confedn ? 
 
 The Business was intended to give more Powers to Congress — the Powers 
 of the Delegates of this State in the Convention. 
 
 A genl. Govt, was not thought of. Nor to unhinge the State Govts. — The 
 Convention have made a Plan of their own — ^they have assumed the Power 
 of proposing. — Alterations in Governmt. should proceed from the People. — 
 The Assembly of Penua. are limited in their Powers : And the Business 
 should have been left to the People. 
 
 This is a Mode of Amendment in the present Confedn. 
 
 Art I, s. 1. Power unbounded. 
 
 Who are to be Judges of what is necessary and proper. 
 
 S. 2. Annual Parlts. and Assemblies necessary. — Br. Pari, took 7 years. — 
 Present Delegates in Congress may be recalled. — 6 years too long. 
 
 S. 4. Times and Places of Election. The Members of the Senate may en- 
 rich themselves: For they have a Power to Tax: Their Powers pervade 
 every Thing. It forms one genl. consolidating Government. 
 
 Power of borrowing Money — raising Armies. 
 
 If we give the Power, we are wrong ; tho' the Legislature are of our own 
 Election. 
 
 Could any State oppose the genl. Govt? All are to be sworn to observe it. 
 
 A Bill of Rights may be dangerous to the Governours. 
 
 Ar. I, 6. This Article eradicates every Vestige of State Govt. — And was in- 
 tended so, for it was deliberated. 
 
 Art. I. s. 4. This is intended to carry on the Business when the State 
 Govts, are destroyed. 
 
 Can we give away the rights of Conscience ? There is no Reserve of it, tho' 
 these Reservations as to ex post facto Laws. Art. i, s. 9. 
 
 Let us secure our Liberties, and not quarrel about the Bill of Rights. — 
 They are not secured except as to Hab. Cor. 
 
 Mr Wilson. 
 
 Mr. Smilie — This Constn. goes too far in Favour of Tyranny. — We admit 
 
768 Appendix. 
 
 that tlie Form of the State Govnt. must subsist: But their Efficiency and 
 Power must be destroyed by the superabundant Power of the general Govt. 
 
 It is not a federal Govt., not a Confederation. 
 
 It is a complete Govt. — Legislative— Judicial — Executive. 
 
 Its Powers extend to legislation ^to Taxes ; and leave only to 
 
 the States what they please. 
 
 Art. I, s. 8. "Collect Taxes." — "To make all Laws necessary," etc. 
 
 Who are to be the Judges of what is necessary for the Welfare of the U. S. 
 
 The State Govt, cannot make that agt. the genl. Government. 
 
 Power will not lessen. 
 
 A power appropriating Money — raising Armies, and commanding the 
 Militia. — Could the State Govts, oppose this. 
 
 There would be a Rivalship between the Genl. and St. Govts. — On each 
 Side they will endeavor to increase their Power. 
 
 Oaths to be taken to the Genl. Govt. 
 
 The State Govts. wUl lose the Attacht. of their citizens by losing their 
 Power. 
 
 The People will not support them ; but will suffer them to dwindle to 
 Nothing. 
 
 The Forms of Govt, may subsist after the substance is gone — as in the 
 Senate of Rome. 
 
 The State Elections will be ill attended. 
 
 The State Govts, will be mere Electors. 
 
 Will one consolidated Govt, be a proper one for the United States i 
 
 Mr. McKean — ^There has been no objection to two Branches in the Legis- 
 lature — nor to the Mode of choosing them or the President. 
 
 The Powers are well defined and necessary. 
 
 The great guard agt. excessive Taxation, is that he that lays, pays, and 
 frequent Election. 
 
 To prevent Mischief we will not give the Power of doing good. 
 
 Who are to [be] the Judges? — those who are chosen because they are 
 capable of being so. 
 
 Admn. of Govt, is of as much practical Importance as its Nature. 
 
 In Convention. 30th Nov., 1787. 
 
 Mr. Whitehill — ^The genl. Govt, may subsist after the Abolition of the 
 State Govt. 
 
 The Powers of Congress are unlimited and undefined. 
 
 The Senators may hold their Places as long as they live ; and there is no 
 Power to prevent them. 
 
 Art. 1, s. 8., last Clause gives the Power of self-preservation independent of 
 the several States ; for in case of their Abolition, it will be alleged in Favour 
 of the genl. Govt, that self-preservation is the first Law. 
 
 The "Time " of Election is in their Power and therefore they may make 
 it as long as they please. 
 
 There are some Reservations in this Govt. — Why not more ? 
 
 It was systematically intended to abolish the State Goverts. 
 
 Mr. Hartley— England became enslaved at the Time of the Conquest. 
 
 The Power of collecting Taxes is necessary. 
 
Appendix. 769 
 
 Recommendations have been insufficient. 
 
 Our Representatives have this Power. 
 
 In the Time of the Emperors, they appointed the Senate. 
 
 Dr. Rush— All Bills of Rights have been broken. There is no security for 
 Iiiberty but in two Things— just Representation and Cheqks. 
 
 The Citizens of the U. S. have the Preoccupancy of Liberty ; shall they 
 make a Deed of Confiscation to themselves. 
 
 Mr. Yeates— Objections reducible to 2 Heads— the Want of Bill of Rights- 
 Abolition of State Govt. 
 
 4 Art., 4 s. Guarantee of Repub. Government. 
 
 Power must be given. All power may be abused. 
 
 The Restrictions in Art. i, s. 10, will revive our Commerce, restore public 
 Credit, lessen Taxes. 
 
 Mr. Findlay — The Observations made relate to what is, and what is not in 
 the System. 
 
 I confine myself to answering the Remarks that have been made this Pore- 
 noon. 
 
 The natural Course of Power is to make the many Slaves to the few. 
 
 This is verified by universal Experience. 
 
 England had always the Com. Law : Its Charter will not apply to us. 
 Bills of Rights were great Improvements then. 
 
 Government will construe its own Powers so as to suit its own Wishes, 
 which it will call Necessities. 
 
 Because all Securities are broken, shall we have none. 
 
 It is not a new Doctrine that, because a good Govt, ill-administered, pro- 
 duces Mischief, therefore we ought to be indifferent about it. 
 
 Voviets given — Powers reserved — ought to be all enumerated. 
 
 Let us add a Bill of Rights to our other Securities. 
 
 In Britain the Appropriations are annual. 
 
 Annual Elections are absolutely necessary in the Govt, that is not merely 
 federal. 
 
 The Senate, the principal Branch, is elected for 6 years, and removes Re- 
 sponsibility far. 
 
 Number of Representatives too small. — There should be more in this new 
 and thinly settled Country, than in one old and populous. 
 
 Pennsylva. would not have any Representatives far from Philada. 
 
 This is not a confederate but a consolidating Government. 
 
 We ought to suppose that Congress will abuse its Powers. 
 
 The Powers of the genl. Govt, extend to State and internal Purposes. 
 
 Dr. Rush — Our Rights are not yet all known, why should we attempt to 
 enumerate them ? 
 
 Mr. Smilie — In the Remembrancer there is a Bill of Rights of Virginia. , 
 
 Mr. McKean — I wish to see what kind of Bill of Rights those Gentlemen 
 would propose. 
 
 Mr. Smilie — We will exhibit a Bill of Rights if the Convention will receive 
 it. 
 
 1. Great Point. — Is a Bill of Rights necessary. 
 
 2. Does this System abolish the State Governments. 
 
 49 
 
770 Appendix. 
 
 Direct Taxation — ^poU Tax — standing Army are Objections. 
 
 Freedom almost unknown in the old World. — Are we to go there for Pre- 
 cedents of Iviberty? 
 
 Bill of Rights necessary as the Instrument of original Compact^axiA. to 
 mention the Rights reserved. — ^The Sovereignty and Independence of the 
 States should be reserved. 
 
 There must be a People before there is a King; and the People, in the first 
 Instance, have inherent and inalienable Rights. 
 
 We ought to know what Rights we surrender, and what we retain. 
 
 Suppose Congress to pass an Act for the Punishment of Libels and restrain 
 the Liberty of the Press — for they are warranted to do this — ^what Security 
 would a Printer have tried in one of their Courts ? 
 
 An aristocratical Govt, cannot bear the Liberty of the Press. 
 
 The Senate will swallow up any Thing. 
 
 What Harm from a Bill of Rights ? 
 
 In Convention, Dec. ist, 1787. 
 
 Mr. Pickering — Our principal Debate during the many Days we have met 
 has been whether the House would have a Porch. Let us first take a Survey 
 of the Mansion and see whether a Porch is necessary. 
 
 Mr. Chambers — The Manner of Debate is been very irregular and desul- 
 tory. 
 
 "All Legislative Powers herein granted." 
 
 Art. I, s. I. 
 
 Mr. Findlay — It has been the Endeavour of many to paint our Necessities 
 highly, like persuading a Man in Health that [he] is sick. Our Situation 
 is such that we are not hastened in Point of Time and Necessity. We are 
 enjoying Liberty and Happiness to a very great Degree. 
 
 Our Difficulties arose from the Requisition and heavy Taxes laid in 1782. 
 
 This system not suitable to our Necessities or Expectations. 
 
 Necessities. — We could not enforce Treaties — regulate Commerce — and 
 draw a Revenue from it. 
 
 This System goes to raise internal Taxes — Capitation — Excises — ^to an Ex- 
 tension of the Judiciary Power even to Capital Cases — a Dependence of the 
 State officers in the genl. Govt. 
 
 This system is not such as was expected by me, by the People, by the 
 Legislatures, nor within these Powers. 
 
 It is a consolidating Government and will abolish the State Govts, or re- 
 duce them to a Shadow of Power. 
 
 I. from its Organization. 
 
 *"We the People," not "We the States." 
 
 From this we could not find out that we were United States. 
 
 tThe Sovereignty of the States not held forth nor represented. 
 
 "Each Senator shall have' one Vote." — ^Under the present Confederation 
 the State Sovereignty is represented. — In Congress they vote by States. — A 
 State can speak but one Voice. 
 
 * " For the United States." 
 t " Sovereignty in tlie People." 
 
Wilson'' s Notes. 771 
 
 2. From its Powers. 
 
 The[y] who can tax, possess all other Sovereign Powers. There cannot 
 be two Sovereign Powers. 
 
 A subordinate Sovereignty is no Sovereignty. 
 
 Will the People submit to two taxing Powers 
 
 The Power of our Elections gives absolute Sovereignty.— So of judging 
 Elections. 
 
 The Judicial Powers are coextensive with the Legislative Powers. 
 
 Oath of Allegiance shews it to be a Consolidating Govt. 
 
 The Wages paid out of the public Treasury a Proof of consolid Govt. 
 
 Mr. Smilie — Congress have Authority to declare what is a I,ibel. Art. 
 I, s. 8. 
 
 A Jury may be packed. 
 
 Mr. Findlay— That the Supreme Power is of Right in the People is true in 
 all Countries. 
 
 Cajole the People. 
 
 Mr. Whitehill— Tho' it is not declared that Congress have a Power to de- 
 stroy the Wberty of the Press ; yet in Effect they will have it : For they will 
 have the Powers of self-preservation. 
 
 They have a Power to secure to Authors the Right of their Writings. — 
 Under this they may license the Press no Doubt — and under licensing the 
 Press they may suppress it. 
 
 Art I, s. 6. The Press is by this clause restrained, because the Members 
 shall not be questioned for Speeches in any other Place. 
 
 Admendts. may be laid before Congress. 
 
 Mr. Smilie — In the Construction of a complete Government all the neces- 
 sary Powers are given that are not restrained. 
 
 The Supreme Coiul shall have Jurisdiction in Cases where a State is a 
 Party. 
 
 Crimes shall be tried by Jury, erg. they have Power to declare. 
 
 Mr. Findlay — No Opposition on local Principles. 
 
 This Plan is inimical to our Liberties. 
 
 In Convention, Monday, 3d Dec, 1787, P. M. 
 
 Dr. Rush. — ^We sit here as Representatives of the People — ^we were not 
 appointed, by the Legislature. 
 A Passion for State Sovereignty despoiled the Union of Greece. 
 Britain-France — enjoyed more Advantages united than separate. 
 A. Plurality of Sovereigns is Political Idolatry. 
 The Sovereignty of Penna. is ceded to U. S. 
 
 1. I have now a Vote for Members of Congress. 
 
 2. I am a Citizen of every State. 
 
 3. I have more security for my ppty. — ^The Weakness of Penna. in the 
 Wyoming Business. — ^The Insurgents are Antifederal. 
 
 4. No Corruption of Blood — or Forfeiture except 
 
 5. No Paper Money or Tender Laws. 
 
 6. No religious Test. 
 
 7. Commerce — its Influence on Agriculture. 
 
 8. Ship building— Iron Mines. 
 
772 Appendix. 
 
 9. Hemp. 
 
 10. Produce to load our Vessels built. — One only exists in the Southern — 
 the other only in the Eastern States. 
 
 11. The Communication of the Mississippi with the Atlantic will be 
 opened under the new Constitution. 
 
 The Members in Virginia from Kentucky are enthusiasts for this system. 
 By adopting the fundary System, we have assumed a great Disproportion 
 of the public Debt. It must be thrown back on Congress. 
 Distress general thro' the Country. 
 Mr. Smilie. — 
 
 1. It is admitted that the State sovereignty is given up. 
 
 2. I never heard any Thing so ridiculous except a former [unintelligible] 
 of the same Gent. 
 
 3. Our preposterous Commerce has been the Somrce of our Distress — 
 together with our Extravagance. 
 
 4. We wish alterations made in the Confedn. But we wish not to sacrifice 
 the Rights of Men to obtain them. 
 
 5. Rights of Conscience should be secured. — ^They are so in the Bill of 
 Rights of Penna. 
 
 Mr. Findlay. — 
 
 6. A Confederation and good Government would be more to me and my 
 family than Wealth, Honour and Offices. 
 
 7. This is a Govt, of Individuals, and not a Confederation of States. 
 
 8. Sovereignty is in the States and not in the People — in its Exercise. 
 
 9. Vattell's description of Sovereignty — it belonged originally to the Body 
 of the Society. Vat. page 9 of the Sovereign. 
 
 10. Vattel's Description of a federal Republic. If I am wrong, Vattel and 
 Montesquieu are wrong. Vat. p. 11, s. 10. 
 
 11. I. Investigate the Nature and Principles of the Government. 
 
 12. 2. How will it apply to our Security and Interests. 
 
 13. Gentlemen should first explain its Principles. 
 
 14. General Interests are well secured. 
 
 15. A single Branch I will concede. 
 
 16. I wish not to destroy this system: Its Outlines are well laid. By 
 amendments it may answer all our Wishes. 
 
 17. Notwithstand. the legislative Power in Art. i, s. i. 
 
 The Power of Treaties is given to the Presd. and Senate. This is Branch 
 of legislative Power. 
 
 18. Dark Conclave. 
 
 Mr. Pickering— According to common Acceptation of Words — Treaties 
 are not Part of the legislative Power. The King of Gr. Britain. 
 
 19. Mr. Findlay— The King of Gr. Britain makes laws ministerially.— KriA. 
 the I<egislature confirms them. 
 
 20. Ministers impeached for the Partitior Treaty. 
 
 21. Mr. Smilie — If the Ministers of Gr. Br. make an inglorious Conduct, 
 they may be impeached and punished.— But can you impeach the Senate 
 before itself 
 
 22. If it is ministerial, the Senate are here not a Legislature. 
 
Wilson's Notes. 773 
 
 23. Supreme Laws cannot be made ministerially, but legislatively. 
 Mr. Pickering— In Gr. Br. Treaties are obligatory. 
 
 24. Mr. SmUie. In Gr. Br. a I<aw is frequently necessary for the Execu- 
 tion of a Treaty. 
 
 25. Mr. Whitebill— When a Treaty is made in G. B. it binds not the Peo- 
 ple if unreasonable. Treaties are binciing by Acts of Parlt. and the Consent 
 of the People. 
 
 26. Mr. Findlay— The President has a qualified Negative : This is anothet 
 Inconsistency. 
 
 27. Mr. Smilie— If the K. of G. Br. makes a treaty contrary to Act of 
 Parlt. it cannot be executed till the Law is repealed. We have not the same 
 security here. 
 
 28. If the Senate could be impeached as the British Ministers may be, we 
 would have more security. 
 
 29. Mr. Findlay— The manner of numbering the Inhabitants is dark, 
 "other Persons." Art. i, s, 2. 
 
 30. Art I, s. 9. 1st clause— Migration, etc., is unintelligible : It is unfor- 
 tunate if this guaranties the Importation of Slaves— or if it lays a Duty on 
 the Importation of other Persons. 
 
 31. This is a Reservation ; and yet the Power of preventing Importation is 
 no where given. 
 
 In Convention, 4th Dec, 1787, A. M. 
 
 32. Mr. Smilie— As the greatest Part of the States have compound Legis- 
 latures, I shall give up that Point. 
 
 33. I shall not object to the President's negative, for he will never be able 
 to execute it. The King of Gr. B. does not execute. 
 
 34. Tho' there be no separate Orders, there is a natural Aristocracy : The 
 Senate will represent it. House of Reps, will represent the common Mass 
 of the People. 
 
 35. Are the Rights of the People secured? Is the Balance preserved? A 
 Comparison between the Powers of the two Houses. 
 
 36. The Number of the House of Reps, too small. 
 
 37. They will not have the Confidence of the People, because the Peo- 
 ple will not be known by them, as to their Characters, etc. Only 8 for 
 Penna. — ^the Districts will be very large. 
 
 38. The greatest Part of the Members even in this House will be attached 
 to the natural Aristocracy. 
 
 39. This Body will be subject to Corruption, and the Means of Corruption 
 will be in the Senate ; for they have a Share in the Appointment of all 
 officers. 
 
 40. There will be People willing to receive Bribes. The lower House 
 may be corrupted with offices by the Senate ; as the House of Commons 
 are. There will be Judges — ^Tax gatherers, Land Waiters — ^Tide Waters — 
 Excise officers. 
 
 41. To the Legislative Power of the Senate are added some Judicial Power 
 — and an alarming share of the Executive. They are to concur with the 
 Presidt. in making Treaties, which are to be the Supreme Law of the Land. 
 
774 Appendix. 
 
 42. * In G. B. if Treaties interfere with subsisting Ivaws, they must be con- 
 formed. Treaty of Com. between France and England, Art. 14. 
 
 43. The Senate may be bribed : Ought they not to be brought to Punish- 
 ment ? Will their Colleagues convict him on Impeachment? 
 
 44. If it was not for such Things as these, we would not contend agt. this 
 Constitution. 
 
 45. The Senate may for ever prevent the Addition of a single member to 
 the Lower House ; while their own Representation may be increased. 
 
 46. This Constitution contradicts the leading Principles of Govt. Mont. 
 5, II, is 6 p., 199. 
 
 47. We have not every Security from the judicial Department. — The 
 Judges for disobeying a Law may be impeached by one House and tried by 
 the other. 
 
 In Convention, 5th Dec, 1787, A. M. 
 
 48. Mr. Findlay — The States made Bills of Rights not because they were 
 known in Britain ; but because they were proper. 
 
 49. A Majority of the States have them. 
 
 50. M. 6, 202. "The People in whom the Supreme Power resides." 
 
 51. Vat. 6. I, s. 1, 2. "Sovereignty." 
 
 52. The Sovereignty is essentially in the People ; but is vested in a Senate 
 or a Monarch. 
 
 53. Vat. 6. I, s. //, 10. 
 
 54. If all the Powers of Sovereignty are vested in one Man or Body, it is 
 Tyranny. 
 
 55. The States have already parted with a Portion of their Sovereignty : 
 It is now proposed to give more : But the People did not mean that the 
 whole should be given up to the general Government. 
 
 56. The State Governments are not subordinate to the genl. Government 
 as to internal Taxes aud other internal Purposes. 
 
 57. Congress may with safety raise a Revenue from Commerce. 
 
 58. The general Government is farther removed from the People than the 
 State Governments. 
 
 59. There cannot be two taxing Powers on the same Subject. — ^Taxation 
 draws Legislation with it. There will [be] no Sovereignty in the States with 
 Regard to Taxation. 
 
 60. There is no Sovereignty left in the State Governments — the only one 
 is in the general Government. 
 
 61. The general Interests of Pennsylvania were not represented in the 
 Convention. 
 
 62. Sovereignty essentially resides in the People, but they have vested 
 certain Parts of it in the State Governments and other Parts in the present 
 Congress. 
 
 63. We never said that the People were made for the States. 
 
 64. Who denied that Sovereignty was inalienably in the People? 
 
 65. There is a Declaration in the Bill of Rights of Penna. that the People 
 
 * Bl. 252, 257. 
 
Wilson's Notes. 775 
 
 may change the Constitution— and they only add a Constitutional Right— 
 which is also done in the system before us.— The same Thing has also been 
 done in some of the other States. 
 
 66. The Checks on the Senate are not sufficient. 
 
 67. We ought to draw Instruction from the State Constitutions. Many of 
 them— Virginia in particular— declare that the legislative, executive and 
 judicial Departments should be kept distinct and independent. 
 
 68. What can be a greater source of Corruption than for the Legislature 
 to appoint Officers and fix Salaries ? 
 
 69. I would be at any Expense rather than submit to the Beginnings ot 
 Corruption — such as this. 
 
 70. There can be no Legislation without Taxation.— The States will not be 
 able to raise a civil List. 
 
 71. I mean by a consolidating Govt, that which puts all the thirteen 
 States into one. 
 
 72. This is a consolidating Govermt. as to all useful Purposes of Sover- 
 eignty. 
 
 73. In the Senate a Citizen of Delaware enjoys ten Votes for one that a 
 Citizen of Penna. enjoys. 
 
 74. It is all one for a Citizen of Penna. to be taxed by a Representative 
 from Georgia as for by his own Representative. 
 
 75. The smaller States have a Majority in the Senate ; and they may lay 
 Taxes on the larger States. 
 
 76. Congress may make the Number of Representatives as few as they 
 please. 
 
 77. In Penna. before the Revolittion the new Counties were unequally re- 
 presented. 
 
 78. Penna. is unequally represented in the House of Representatives. 
 
 7g. 100 Members are enough for a deliberative Body : And, on the present 
 Plan, the Number will be either too large or the Representation too small. 
 To avoid this let us have a. federal Government. — Internal Power in a federal 
 Govt, is inadmissible See next page but one. 
 
 80. To state the Danger of refusing this plan is improper. It is the 
 TjTant's Plea : Take this or Nothing. 
 
 In Convention, 5th Dec, 1787, P. M. 
 
 81. Mr. Findlay. The partial Negative of the President is a Part of legis- 
 lative Authority, as no Bill can become a Law without his Revision. 
 
 82. Mr. Adams defines a natural Aristocracy "Such as have a separate In- 
 terest from the Community." "Those that in most Countries are called the 
 Nobles." 
 
 83. The larger the Districts, the purer the Elections — is a novel Doctrine 
 to us, and opposed to the very End of Elections. 
 
 84. Adams' Def. Pref. ; p. 3. 
 
 85. The Voice of the People is the Law of the Land.* 
 
 86. Are 8 Members a better Representation of Penna. than what they now 
 
 enjoy? 
 
 *But not the Voice oi Districts. 
 
776 Appendix. 
 
 87. While the Forms of State Govts, continue, all their Apparatus of 
 Offices continue. 
 
 88. We all mean the same Theory about the Sovereignty of the People. — 
 Sovereignty remains essentially in them. 
 
 89. Annual Elections are an annual Recognition of the Sovereignty of the 
 People. 
 
 90. * Are the State Governments a Snare ? They are not wrapt in Mystery 
 and Darkness. 
 
 91. I believe that there are Govts, that keep the several Powers more dis- 
 tinct than the System before us. 
 
 92. We are agreed as to the Independence of the Judges. 
 
 93. The present System has increased the Difficulty of drawing the Line 
 between Genl. and State Governments by encroaching into internal objects. 
 
 94. The President may aid the aristocratical Senate — and must aid it. 
 
 95. Internal Powers in a federal Govemt. are inadmissible. 
 
 96. There is no Guard against Congress making Paper Money. 
 
 97. The States have redeemed their Paper Money better than Congress 
 have done. 
 
 98. Amendments will always take more Power from the People, and give 
 more to the Government. 
 
 99. There is no Security for such Amendments as we want : If we don't 
 obtain them now, we shall probably never procure them. 
 
 100. The System ought to speak for itself, and not need Explanations. 
 Mr. Chambers — From the Silence on the other Side, I conclude they have 
 
 no more to say against the first Article ; I move to proceed to the Considera- 
 tion of the second Article. 
 
 Mr. Wayne — I second the Motion : I hope the Reasons in Favour of the 
 proposed Constitution will induce many of the Opposition to come over. 
 
 loi. Mr. Whitehill — If we go to the 2d Article shall we be permitted to 
 draw our Objection from the first — to show that this is a consolidating Govt. 
 and will annihilate the States. 
 
 102. Art. I, s. 3. How shall the Seats of the &c first Class of the Senators 
 be vacated ? This must be made by Law of the Senators and Representa- 
 tives : But they may make or not make this Law at their Pleasure. 
 
 103. The present Congress or some other Body should have decided this 
 Matter. 
 
 104. The Senate may be enlarged under the 5th Article. " Its equal Suf- 
 frage" may mean a Suffrage in Proportion to Numbers, and consequently 
 would increase the Numbers and Influence of the Senate. 
 
 105. Such Members may be chosen as the City of Philada. shall please.— 
 Men of Wealth, etc. 
 
 106. Art. 5. To whom are Congress to propose Amendments? to a few 
 Men of the different States if they please. 
 
 107. Congress, when they propose Amendments, will have it in their 
 Power to regulate the Elections of Conventions ; or may order one Election 
 and one Convention for the whole Union. 
 
 » An Attempt was made to trap the People of Penn. at the Time of forming its Constitu- 
 tion. 
 
Wilson's Notes. 777 
 
 108. As loug as the World stands, there never will be another Amendment, 
 if the present System be confirmed. 
 
 109. Even Post-Roads are in the Power of Congress. 
 
 1 10. A Citizen of one State may sue a Citizen of another State for an In- 
 heritance of Land, claimed by Will under the Law of the State where the 
 Land is. 
 
 111. They may establish the Rights of Primogeniture. 
 
 112. Mr. Smilie. — Has not this Day been pretty closely occupied by us in 
 the Opposition ? 
 
 In Convention, 6th Dec, 1787, A. M. 
 
 113. Mr. Smilie— I object to the Power of Congress over the Militia, and 
 to keep a standing Army. 
 
 114. What I mean by a consolidating Govt, is one that will transfer the 
 Sovereignty from the State Govts, to the genl. Govt. 
 
 115. It is properly an aristocracy. 
 
 116. Because the Representatives are too few, and will be elected only by 
 a few Tools in very large Districts. 
 
 117. In Penna. before the Revolution, the little Country Towns governed 
 the Elections. 
 
 118. The People will not attend the Election; only the Tools of the 
 Government will attend. 
 
 1 19. If Congress exercise their Powers over the Times, Places and Manner 
 of Elections, where are we ? 8 Men may be elected in one Ticket and at 
 one Place. Should any Body have this Power? 
 
 120. The Balance of Power is in the Senate. Their Share in the Execu- 
 tive Department will corrupt the Legislature and detract from the proper 
 Power of the President, and will make the President merely a Tool to the 
 Senate. 
 
 121. The President should have had the Appointment of all the Officers, 
 with the Advice of a Council. 
 
 122. The Senate will overset the Balance of Government by having the 
 Purse and the Sword : The President will act in Concord vnth them. 
 
 123. In a free Govt, there never will be Need of standing Armies, for it 
 depends on the Confidence of the People. If it does not so depend, it is not 
 free. 
 
 124. The Convention, in framing this Govt., knew it was not a free one; 
 otherwise they would not have asked the Power of the Purse and the Sword. 
 
 125. The last Resource of a free People is taken away, for Congress are to 
 have the Command of the Militia. 
 
 126. The Laws of Penna. have hitherto been executed without the aid of 
 the Militia. 
 
 127. The Govemour of each State will be only the drill Sergt. of Congress. 
 
 128. The Militia officers will be obliged by Oath to support the genl. Govt, 
 agt. that of their own State. 
 
 129. Congress may give us a select Militia which will, in Fact, be a stand- 
 ing Army — or Congress, afraid of a general Militia, may say there shall be 
 no Militia at all. 
 
778 Appendix. 
 
 130. When a select Militia is formed, tlie People in general may be dis- 
 armed. 
 
 131. Will the States give up to Congress their last Resource, the Com- 
 mand of the Militia? 
 
 132. Will the Militia Laws be as mild under the genl. Govt as under the ■ 
 State Govt. Militia? Men may be punished with Whipping or Death. They 
 may be dragged from one State to any other. 
 
 133. " Congress guarantees to each State a Republican Form of Govt" Is 
 this a Security for a free Govt? Mr. Adam's Defence. 85 Poland is a Republic. 
 
 134. Can even the Shadow of State Govts, be continued if Congress please 
 to take it away ? 
 
 134. The Senate and Presidt. may dismiss the Representatives when once 
 a standing Army is established with Funds; and there this Government 
 will terminate. 
 
 135. Mr. Findlay— The Objections of the Members from Fayette are 
 founded, important, and of extensive practical Influence. Tax and Militia 
 Laws are of universal Operation. 
 
 136. The Militia will be taken from Home, and when the Militia of one 
 State has quelled Insurrection and destroyed the Liberties ; the Militia of 
 the last State may at another Time be employed in retaliating on the first 
 
 137. No Provision in Behalf of those who are conscientiously scrupulous 
 of bearing Arms. 
 
 138. Mr. Smilie — As Citizens we are all equally interested. Let us have a 
 friendly, free and fair Discussion. 
 
 139. Mr. Findlay — ^The Power of regulating Elections remains to be con- 
 sidered. 
 
 140. Art I, s. 4, as to the "Place" of Elections, struck the Public more 
 suddenly and with more Force than any other. The "Time" may be 
 justified. 
 
 141. Congress may say that none shall vote by Ballot. 
 
 142. The Modes of Election will be appointed in such Way as to give the 
 greatest Influence to Govt. 
 
 143. The ' ' Places ' ' of Elections are of more Importance than the Time or 
 Manner. 
 
 144. The States were competent as to the Places by their Knowledge and 
 Responsibility. This is intrusted by our Constitution to the State Legis- 
 lature. 
 
 145. This can have no virtuous or pure Use. 
 
 146. The Place of Elections may be removed so as to take it out of the 
 Reach of the lower and midling Classes of Men. 
 
 147. By this Clause the Government may mould and influence Elections 
 as it shall please. 
 
 148. This Govt, may go into the Channel of Monarchy, but more likely of 
 Aristocracy. 
 
 149. Under the present Confederation, Congress have not both the Power 
 of raising standing armies and the Means of paying them. 
 
 150. I could not contrive a better plan [than] this, for introducing Aris- 
 tocracy. 
 
Wilson's Notes. 779 
 
 151. Mr. Smilie — Mr. Adams says there is in all Societies a natural Aris- 
 tocracy. Letter 53, p. 362. Three Branches of Government in every So- 
 ciety. The Executive ought to have a Negative on the Legislature. 
 
 152. The People of the U. S. thought a single Branch sufficient for Con- 
 gress, which is not a legislative but a diplomatique Body, etc., ib. 
 
 153. Letter 55, 372. 
 
 In Convention, 7th Dec, 1787, A. M. 
 
 154. Mr. Whitehill — The Vice-President -will be an useless and perhaps a 
 dangerous office, as he will be more blended with the Legislature and will 
 have a Voice when the Votes are equal. Salaries may depend on his Vote. 
 
 155. The Power of Congress to fix the Time of choosing the Electors of 
 the President is improper : We have no Power to oblige Congress to act. 
 
 156. The Power of the Senate to make Treaties is dangerous. 
 
 157. The Extent of this Government is too great. It cannot be executed. 
 We have proved it to be a consolidating Government. 
 
 158. Mr. Findlay — Only a Part of the Executive Power is vested in the 
 President. The most influential Part is in the Senate, and he only acts as 
 primus inter pares of the Senate ; only he has the Sole Right of Nomination. 
 
 199. The officers of Government are the Creatures of the Senate: The 
 Senate should not therefore be the Judges on Impeachments. 
 
 160. The great Objection is the blending of executive and legislative 
 Power : Where they are blended there can be no Liberty : Mr. Adams says 
 so. This great Subject is better understood by the People and attended to 
 by the Legislature than any other : It is my Duty to insist, and I will insist, 
 that the Distribution of Power in the present System be amended. 
 
 161. Mr. Whitehill — Why is the Sovereignty of the People always brought 
 to Voice? There are 13 Sovereignties in the United States, and 13 different 
 Governments : Why knock down all Distinction of different Governments. 
 
 162. The judicial Department is blended with and will absorb the judicial 
 Powers of the several States ; and Nothing will be able to stop its Way. 
 
 163. The Supreme Court will have very extensive Powers indeed : They 
 must be an extension of the United States. 
 
 164. There must be a great Number of inferior Courts in the several 
 States. One for a large State would not be enough. — Shall an Action for 5 
 or 10 be brought in it ? There ought to be one in every County. The Num- 
 ber of judicial officers will be multiplied. 
 
 165. Appeals will be to the Supreme Court, which will put it in the Power 
 of the wealthy to oppress the poor. 
 
 166. The Powers will be too extensive for the Safety and Happiness of the 
 People : Justice cannot be administered. 
 
 167. Any Kind of Action may by Contrivance be brought into the federal 
 Courts. 
 
 168. There may be Courts of Equity as well as Law. 
 
 169. Can the federal Courts give Relief to the Complaints of the People in 
 proper Time. The State Courts have mnch Business. How much more 
 will the genl. Courts have ? 
 
 170. The general Courts may alter the Rights of Dissent and the Division 
 of real Property. They may establish the Rights of Primogeniture. 
 
780 Appendix, 
 
 171. The Trial of Crimes is to be by Jury, therefore the Trial of civil 
 Causes is supposed not to be by Jury. 
 
 172. We preserved the Trial by Jury against the Attempts of the British 
 Crown. 
 
 173. I wish for the Honour of the Convention this had not been omitted. 
 
 174. Art. 3, s. 2, "The I^aws of the United States" Laws may be made in 
 Pursuance of the Const," tho' not agreeably to it: The Laws may be uncon- 
 stitutional. 
 
 175. Treaties may be so made as to absorb the Liberty of Conscience, 
 Trial by Jury and all our Liberties. 
 
 176. " Citizens of another State " must mean all the Citizens. 
 
 177. There is no Line drawn in the judicial Department, between the genl. 
 and State Govts. 
 
 178. Houses may be broke open by the officers of the genl. Govt. They 
 will not be bound by this Constitution. 
 
 179. Mr. Smilie — In common Law Cases there ought not to be an Appeal 
 as to Facts. Facts found by a Jury should never be re-examined. 
 
 180. I doubt whether there has not been an Intention to substitute the 
 civil Law instead of the common Law. 
 
 181. There may be Danger in the Execution of the judicial Department as 
 in the Case of a rigorous Collection of direct Taxes. — A Quarrel between a 
 Collector and a Citizen would drag the Citizen into the Court of Congress. 
 
 182. The Courts must be very numerous or very few. Either will be in- 
 convenient. They must be numerous. 
 
 183. If the State Govts, are to continue, the People will not be able to 
 bear the Expense of them and the genl. Govt. Will this save Expense ? 
 
 184. Mr. Findlay. The Convention, no doubt, thought they were form- 
 ing a Contract or Compact of the greatest Importance. 
 
 185. The Judges are better for the Guard of Juries in all possible Cases. 
 The Mistakes of Juries are never systematical. The Laws can never be so 
 enacted, as to prevent the Judges from doing wrong. 
 
 186. I admit that it would have been impossible to have accommodated the 
 Trial by Jury to all the States : But Power ought not to have been given ap- 
 plying to such internal Objects. 
 
 187. There might have been a Declaration that the Trial by Jury in Civil 
 Cases as it hath hitherto been in the several States, or in the State where the 
 Cases arose. 
 
 188. The Jurisdiction will, I believe, be chiefly appellate, and therefore 
 chiefly without Jury. 
 
 189. The States can make "no post facto Laws, etc," therefore there was 
 no Occasion for introducing the Clause "between Citizens of different 
 States." 
 
 190. This Clause may produce Doubts in the. Dealings between Citizens of 
 this State and New Jersey. 
 
 191. " Compensation " is a new Form : Does it denote Salary or Perquisi- 
 tes ? These should be incapable of holding offices under the States, or other 
 Offices under the genl. Govt. — They may hold Sinecures. I have only lately 
 discovered this Objection. 
 
Wilson's Notes. J'Si 
 
 192. A Treaty is not constitutionally guarded. It may be superior to the 
 Legislature itself. The House of Representatives have Nothing to do with 
 Treaties. 
 
 193. Mr. Smilie— I cannot see the great Difficulty of securing at Cost the 
 Substance of Jury in civil Cases.— It ought [to] have been said that the 
 Legislature should make Regulations for the Trial by Jury in them. 
 
 194. Whatever is not given is reserved. The Trial by Jury is given in 
 criminal cases, therefore reserved in civil Cases. 
 
 195. The Judges may be bribed by holding other Offices. 
 In Convention, 8th December, 1787. 
 
 196. *Mr. Smilie— This System puts the Govt, in a Situation, in which 
 the Officers are not responsible. 
 
 197. Every Door is shut against Democracy. 
 
 198. It was the Design and Intention of the Convention to divest us of the 
 Liberty of Trial by Jury in civil Cases ; and to deprive us oJF the Benefits of 
 the common Law. 
 
 199. The Word Appeal is a civil Law Term and therefore the Convention 
 meant to introduce the dvil Law. 
 
 200. On an Appeal the Judges may set aside the Verdict of a Jury. 
 
 201. Appeals are not admitted in the Common Law. 
 
 202. If a Jury give a false Verdict, a Writ of Attaint lies, or the Verdict 
 may be set aside. A Writ of Error lies as to Matters of Law, but on that 
 Writ the Facts are not re-examined. 
 
 203. t3 Bl., 378 — concerning Trials by Jury. 
 
 204. 3 Bl., 392. The Expense of civil Law Proeeedings. 
 
 205. 3 Bl., 390, 391. The Propriety of new Trials. 
 
 206. 3 Bl., 452. Chancery frequently] directs the Trial of Facts by a 
 Jury. 
 
 207. 3 Bl., 336. Trial by Witness is the only Mode known to the civil 
 Law. 
 
 208. I The Case of Fossey av Cunningham, New York. Appeal to the 
 Govemour and Council — Reasons of the Chief Justice for the Conduct of 
 the Judges. 
 
 209. "All the Appeals we have yet had, have been in Error." 
 
 210. If such an attempt was made in England, what would the People 01 
 that Country do? It would set the whole Nation in a Flame. 
 
 211. Securing the Trial by Jury in criminal Cases is worse than saying 
 Nothing. 
 
 212. The Convention might have said that Congress should establish 
 Trials by Jury in civil Cases. 
 
 213. Mr. Whitehill — Are we to trust all to Judges, who will have their 
 Favourites ? 
 
 214. There is no Security by the Constitution for People's Houses or 
 Papers. 
 
 * New Hampshire. 
 t At the Will of Parlt. 
 
 X The Question here was— whether Instructions from the Crown could, or were meant to 
 alter the I<aw. 
 
783 Appendix. 
 
 215. Farener's Letters. Let. 9. The King cannot punish till a Person be 
 found guilty by his Peers, Excellence and Description of Trial by Jury in 
 criminal Cases. 
 
 216. These Privileges (described in the Letter) are not secured by this 
 Constitution. 
 
 217. The Case of Mr. Wilkes and the Doctrine of general Warrants show 
 that Judges may be corrupted. 
 
 218. A wicked Use may be made of Search Warrants. 
 
 219. If such Men execute as forward this Constitution, all Alterations will 
 be for the worse. 
 
 220. The People will not submit to this Govt 
 
 221. Art. 6, Clauses 2 and 3 are concluding Clauses that the State Govern- 
 ments will be abolished. 
 
 222. *The Oath here required is contrary to the Oath required by the Con- 
 stitution of Penna. No Member of Assembly will hereafter take the latter 
 Oath. 
 
 223. The next Thing will be to call Conventions to alter the State Govern- 
 ments. 
 
 224. All our Constitutions may be altered by Treaties made by a few 
 Senators. 
 
 225. This lordly Domination will not do. 
 
 226. Our greatest Liberties will, by this Constitution, be sacrificed to the 
 Will of Men. 
 
 227. The Trial by Jury is given up to the Will of Congress. 
 
 Mr. McKean — I have read as well as heard the Objections mentioned here 
 in the Centinel, Brutus, Cincinnatus. 
 
 228. Mr. Findlay — ^The State has had but two Months to consider this 
 System. 
 
 229. Trial by Jury is not secured in civil Cases as in criminal ones. It is 
 at the Mercy of the Legislature. 
 
 230. By the appellate Clause, an appeal lies from the Verdict of a Jury, a 
 Thing hitherto unknown. 
 
 231. Personal Liberty cannot be enjoyed without Trial by Jury. 
 
 232. All the northern Countries have been zealous of Freedom. Sweden 
 till lately had Trials by Jury, and certainly a free Govt, well balanced, con- 
 sisting of four Branches. 
 
 233. Trial by Jury is inconsistent with a complete Aristocracy. 
 
 234. The Lower Class of People will be oppressed without Trial by Jury. 
 
 235. This Part is explanatory of other Parts of the Plan. 
 
 236. The People never expressed a Wish to give up the Trial by Jury. 
 
 237. In Penna. the Trial by Jury must be by a Jury of the proper County. 
 
 238. Mr. Smilie — In all Times a Minority contending for the Rights of 
 Mankind have been treated with Contempt 
 
 239. The People should be represented by Juries in the Administration of 
 Justice. 
 
 •New H. BUs. R., s. 20, 21, 
 Mass. B. R. s. IS. 
 
Wilson's Notes. 783 
 
 240. 3 Bl., 380. Every new Tribunal without Jury is a Step towards an 
 Aristocracy. 
 Mr. Findlay— 
 
 In Convention, Monday, 10th Dec, 1787, P. M. 
 
 Mr. Findlay— As to the Trial by Jury in Sweden. Mod. Un. His., Vol. 33, 
 p. 21, 22, Juries remain in Office for Life. 3 Bl., 349, 380, 381. 
 Mr. McKean. — 
 
 1. Consider Objections. 
 
 2. Give Reasons in Favor of the Plan — Objections. 
 
 1. Elections not frequent enough. 
 
 2. N[uniber] of R[epresentatives] too few. 
 
 3. Senate have too many blended Powers. 
 
 4. Congress, Times, etc., Elections. 
 
 5. Powers of Congress too large. 
 Appropriations too long. 
 
 6. Whole of the Ex. Power not lodged in Presdt. alone. 
 V.-Pres. should not have a vote in Senate. 
 
 7. Compn. of Judges may be incidentally increased. 
 
 8. No Bill of Rights. 
 
 9. A consolidating Govt. — not a federal one. 
 [lo.] An Aristocracy. 
 
 I. Elections frequent enough. 
 
 The different Durations of Parliament. 
 
 Service should be longer than that of Representatives. 
 
 II. The Representation is large enough. 
 Before 25 years the Number will be doubled. 
 
 III. None of the simple Forms of Govt, are the best. 
 
 There is no Writer of Reputation but has allowed that the Br. Gov. was the 
 best in the World before the Emancipation of U. S. 
 
 When a Judge, etc. is impeached, it is probable that none of those who 
 appointed him will be present. The Danger lies from the Desire of Re- 
 moval. 
 
 In Penna., Ex. Council appoint and impeach Officers. 
 
 IV. Art. I, s. 4. 
 
 Every House is Judge of Qualif. and Elections. 
 Are not all the States interested in the Elections? 
 
 V. Power of internal Taxes not too great. 
 Foreigners may compel Paymt. of their Debts. 
 
 Have we not had Experience enough of Requisitions ? 
 Is it not necessary that Congress should have a Power of raising and sup- 
 porting Armies ? — and the Command and Discipline of the Militia ? 
 "All Laws necessary & proper," etc., this liable to no first Exceptions. 
 "This Const." etc., shall be the Supreme I<aw. 
 ' ' Importation "etc. Subj ect of Applause. 
 
 VI. In Penna. there is no Responsibility in Council because the Prest. has 
 given up his Rights of Nomn. and they appoint by Ballot, and therefore are 
 not responsible. 
 
784 Appendix. 
 
 There is scarce a King in Europe that has not some Check upon him in 
 the Appt. of Offices. 
 
 VII. Offices to Judges' Relations the same as to themselves. 
 
 There might be Improvements in the Institution of Juries ; particularly as 
 to the Mode of appointing them. 
 The House of I/ords have an appellate Jurisdiction in Law and Fact. 
 Appellate Jurisdiction frora Orphans' Courts. 
 In the Eastern States, Causes tried by Juries are removed on Appeal. 
 
 VIII. What Occasion for a Bill of Rights when only delegated Powers 
 are given ? One possessed of 1000 As conveys 250, is it necessary to reserve 
 the 750 ? 
 
 Kock. on Gov., p. 2, s. 141, 152. 
 
 IX. I shall not quarrel about Names. 
 
 X. An Aristocracy is the best Security against external Force. 
 Consequences of Accepting. 
 
 Strengthen the Governt. — Assistance from the People of all the States. 
 
 settle and perpetuate our Independence. 
 
 Encourage our Allies — and make new Treaties, break our Parties and 
 Divisions, invigorate Commerce, Shipbuilding. 
 
 The Clause of Amendment Art. 5. 
 
 This is the best System the World can now produce. 
 
 Mr. Findlay— The Principle of our Argument not stated — consolidating 
 Govt. — In Connection with this Principle were all our Arguments. 
 
 Mr. Smilie— Those who clap and laugh are not the People of Pennsyl- 
 vania. If the Gallery was filled with Bayonets, it would not intimidate me. 
 
 It is a great Misfortune that another State has been before us in the Sur- 
 render of their Liberties. 
 
 In Convention, nth Dec, 1787, A. and P. M. 
 Mr. Wilson— 
 
 In Convention, 12th Dec, 1787, A. M. 
 
 Mr. Findlay— Sovereignty— Vat., p. 9, 19. 
 
 Locke on Gov., p. 13.— There is but one Supreme Power, viz., the legisla- 
 tive ; but is accompanied with a Trust, and there is still an inherent Right and 
 Power in the People for self-preservation. Bnt this inherent Power can 
 never be exercised till the Government be dissolved. 
 
 Confederation, p. 11, s. 10. 
 
 Mont., 6, 9, c I. Confederate Republic. 
 
 There should have been a Council of Advice to the Presdt. responsible to 
 their Conduct. 
 
 The Senate and Presdt. may make a Monarchy. 
 
 The Power of regulating Elections includes the Power of Elections. 
 
 It is not unreasonable to suppose that this System may be made better 
 
 Mr. Smilie— The Case of the Active. 
 
 Are not the Persons to be entrusted with Power, Parties to this Govt? 
 
 British Liberties, p. 98, 99, 21. 
 
Wilson'' s Notes. 785 
 
 In Convention, 12th. Dec, 1787, P. M. 
 
 Mr. Smilie— Powers undefined are extremely favorable for the Encrease of 
 Power. 
 
 If this was an explicit Declaration that the People had a right to alter this 
 System, all Matters would be easy. 
 
 The Rights of Conscience are not secured. — Priestcraft useful to all tyran- 
 nical Govts. — Congress may establish any Religion. 
 
 Aristocracy is the Govt, of the few over the many. 
 
 The Govt, cannot be excluded — because the same Means must be em- 
 ployed for this Purpose as are necessary to execute a Despotism. — But Dis- 
 content and Opposition will arise in every Quarter : If executed at all it must 
 be by Force : The Framers of this Constitution must have seen that Force 
 would be necessary. 
 
 This will be the Case ; and if this be so, we have struggled and fought in 
 vain. 
 
 Since the Peace there has been a Set of Men from N. H. to Georgia who 
 could not bear to be on the same Footing with other Citizens. I cannot tell 
 how many of these were in the Convention. 
 
 Congress, by the Powers they have already, have contributed to throw 
 Things into Confusion to produce the present great Event. 
 
 A Change of Habits is necessary to relieve the present Distress of the Peo- 
 ple : The Adoption of the present System will not accomplish this. 
 
 If this Constitution is adopted, I look upon the Liberties of America as 
 gone until they shall be recovered by Arms. 
 
 Mr. Hartley — 
 
 Dr. Rush- 
 Mr. Chambers — 
 
 Mr. Whitehill— 
 
 Mr. McKean — 
 
 50 
 
REPI.IES OF MIFFLIN AND MORRIS TO 
 CENTINEL. 
 
 [The attacks made on Robert Morris and Thomas Mifflin, by anonymous 
 writers in the "Freeman's Journal" and the " Independent Gazetteer, " caused 
 no small excitement at the time, and were thought serious enough to be 
 answered. As these charges of fraud, undoubtedl}' false, were also made by 
 "Centinel," and are given in the body of this book, the editors think it no 
 more than common justice that the answers of Morris and Mifflin to the 
 charges referred to by "Centinel " should also be given.] 
 
 Mr. Oswald. In the "Freeman's Journal" of yesterday, among other 
 names of Public Defaulters, in the most licentious manner held out to the 
 public without any shadow of proof, we have the name of G — 1 M — n 
 (meaning no doubt the present worthy and public spirited Speaker of the 
 honorable House of Assembly of this State), in the words following, viz: 
 " G — 1 M — n, the quartermaster-general of the Continental army, is almost 
 the first of the list. I tremble to relate the prodigious sums that these wicked 
 Antifederalists suppose him indebted to the public. 
 
 ' ' The sums supposed by the enemies of the new government, that three de- 
 linquents owe the public, would pay the taxes of our state for three years to 
 come, under a mild and equitable government. I have annexed them to 
 their names for your information : 
 
 Dollars. 
 
 Robert the Cofferer 400,000, 
 
 Billy in the big house 100,000, 
 
 G — 1 M — n, the quartermaster-general 400,000, 
 
 Total 900,000.'' 
 The following certificate from the Commissioners of the chamber of ac- 
 counts, will show that on the settlement of the accounts of General Mifflin 
 as quartermaster-general, there were only 3,203 continental dollars, equal in 
 value to about forty-two dollars specie. 
 
 " Philadelphia, 23D October, 1781. 
 
 "We. the underwritten late commissioners of the chamber of accounts, do certify, that 
 the accounts of Thomas Mifflin, esquire, late quartermaster general to the army of the 
 United States, were a long time since presented for settlement : that from the state of his 
 general account, there appeared to be a balance due to the United States in the year 1780, 
 of three thousand, two hundred and three continental dollars ; and that he informed us he 
 had an account to produce for expenses while in the department which was not included 
 in the aforesaid account. Had it been charged, it is probable, the balance would have 
 appeared in his favor. 
 
 " We likewise certify, that we have examined the said general account, and excepting a 
 few trifling errors, the whole of his charges appeared to have been for the public service in 
 
 C786} 
 
Replies of Mifflin and Morris. 787 
 
 purchases for the use of his department, and payments made to his deputies ; and that the 
 said account, with the vouchers thereto, appeared as perfect and satisfactory as any accounU 
 that have hitherto come before us, but that the accounts of his deputies have not been 
 examined so as to ascertain the exact balance, or to judge on which side it may fall. 
 
 " William Govett, 
 " John D. Mercer. 
 " The original of the above, General Mifflin hath lodged with me, and I certify the same 
 to be a true copy. Joseph Nodrse, 
 
 " Late Assistant Auditor-General" 
 
 On this licentious and rude attack of one of the first characters under the 
 American revolution, a friend of his wishes to state the following facts, 
 which can be authenticated from public documents, viz: 
 
 1. Since the date of the above certificate, General Mifflin has been twice 
 at New York to settle his accounts with Congress, but a general rule of that 
 body, not to settle with the principal of any department without a previous 
 settlement with all the deputies, has hitherto prevented the final adjust- 
 ment of his accounts. 
 
 2. Several of the deputies have lately settled their accounts, and some few 
 of them have declared that they are not in debt to Congress, and at present 
 not in circumstances to attend at New York for the purpose of final settle- 
 ment; but General Mifflin does not consider himself in any degree respon- 
 sible for any of his deputies, as scarce any of them were appointed by him- 
 self, or by his direction, or at his request; and they generally drew for their 
 own expenditures. 
 
 3. General Mifflin received his pay in a very depreciated state, and since 
 the adjustment of his accounts by the commissioners as above, he has been 
 obliged to pay several sums in specie, which he had not charged at all, or 
 only in continental money, and he has a very considerable balance now due 
 him by the continent. 
 
 4. To show the public sense of General Mifflin's services, let it be re- 
 membered that he was appointed quartermaster-general in August, 1775, re- 
 signed in May, 1776, and in September, 1776, a committee of Congress made 
 a request that the commander-in-chief would direct General Mifflin to re- 
 sume the quartermaster-general's department, which, like a true patriot, on 
 account of the difficulty of the times, he did without any rigid regard to his 
 own interest, and in Pennsylvania there is a cloud of evidence of the ex- 
 ertions he made for the public service in the moments of extremest danger.* 
 
 To the Printer of the Independent Gazeteer, Philadelphia. 
 
 Richmond, 21st March, iyS8. 
 
 Sir: From some of your Gazettes which have lately reached me, and par- 
 ticularly from one of the 13th instant, I find that I am charged as a public 
 defaulter to a very considerable amount. This assertion is made to support 
 a charge against the Federal constitution, which those writers say is calcu- 
 lated to screen defaulters from justice. Without pretending to inquire 
 whether the constitution be, in this respect, misunderstood or mis- 
 represented, I readily agree that if, on fair investigation, that fault shall 
 really appear, an amendment ought to be made. 
 
 *From the "Independent Gazetteer," March 6, 178S. 
 
788 Appendix. 
 
 I stand charged in a two-fold capacity: first, as a Chairman of Committees 
 of Congress, and secondly, as Superintendant of the Finances. But it so 
 happens that in neither of those capacities did I ever touch one shilling of 
 the public money. 
 
 At an early period of the revolution, I contracted with the committees to 
 import arms, ammunition, and clothing, and was employed to export Amer- 
 ican produce, and make remittances, on account of the United States, for 
 the purpose of lodging funds in Europe. To effect these objects I received 
 considerable sums of money. The business has been performed, but the 
 accounts are not yet settled. Among the various causes which have 
 hitherto delayed the settlement, I shall only mention here that I have not 
 yet been able to obtain the required vouchers for delivery of articles in dif- 
 ferent parts of America, nor the duplicates of some accounts, and other 
 needful papers, which were lost at sea during the war. It was my intention 
 to have gone in person to New York, where alone (since the removal of 
 Congress) this business can be finally adjusted; but circumstances unex- 
 pected obliged me to come to this country. I therefore employed a gentle- 
 man to proceed on the settlement of those accounts, but during the investi- 
 gation, obstacles arose which he was not sufficiently acquainted with the 
 transactions to remove ; and as some of the deficient vouchers are to be ob- 
 tained in this state and South Carolina, he came on hither, and is now in 
 pursuit of them. I have indeed been less solicitous on this subject than 
 otherwise I should have been, from the conviction that there is a balance in 
 my favor, so that no charge could justly lie against my reputation. Nor 
 coiild my interest suffer by the delay; for the date of a certificate to be re- 
 cei\ed for the balance was immaterial. 
 
 As Superintendant of the Finances, I have no accounts to settle. As I 
 never received any of the public money, none of it can be in my hands. It 
 was received in, and paid from the public treasury on my warrants. The 
 party to whom it was paid was accovintable; and the accounts were all in 
 the treasury ofSce, open (during my administration) to the inspection of 
 every American citizen. The only point of responsibility, therefore, in 
 which I can possibly stand is for the propriety of issues to others by my au- 
 thority. It is true that I caused a statement of the receipts and expendi- 
 tures to be made and printed, but this was not, by any means, intended for 
 a settlement with Congress, but to be transmitted by them (if they should 
 think proper) to the several states; for I have ever been of opinion that 
 the people ought to know how much of their money goes into the public 
 treasury, and for what purposes it is issued. Perhaps some persons may re- 
 member, that in conformity to this opinion, I caused the receipts (even 
 during the war) to be published (monthly) in the Gazettes ; and the ex- 
 penditures, as I have already mentioned, were open to public inspection. 
 This mode of conduct was reprehended by some, and perhaps justly. My 
 fellow-citizens will judge whether it looks like the concealment of a public 
 defaulter. As to the suggestion that the United States in Congress were in- 
 fluenced by me to neglect the duty of calling me to account, I shall not 
 attempt to refute it. Every man who feels for the dignity of America, must 
 revolt at such an insult to her representatives. 
 
Replies of Mifflin and Morris. 789 
 
 Before I conclude, I think it necessary to apologize for having written 
 this letter, to all who may take the trouble of reading it. A newspaper is 
 certainly an improper place for stating and settling public accounts, especi- 
 ally those which are already before the proper tribunal. But I thought it in 
 some sort a duty to take notice of charges which, if not controverted, might 
 have influenced weak minds to oppose the constitution. This was at least 
 the ostensible reason for bringing me forward on the present occasion. 
 With what decency or propriety it has been done, I leave to the reflection of 
 the authors. Their exultation on my "losses and crosses" is characteristic. 
 To every pleasure which can arise from the gratification of such passions 
 they are heartily welcome; and the more so, as I hope and expect the en- 
 joyment will be of short duration. ROBERT Morris.* 
 
 * From the " Independent Gazetteer," April 8, 1788. 
 
INDEX. 
 
 Academy, German Lutheran Mem- 
 bers of Pa. State Convention at- 
 tend, 283. 
 
 Adams, John, mentioned, 174 ; views 
 of criticised, 568. 
 
 Address, and reasons of dissent of the 
 Minority of the Pa. Convention, 
 mentioned, 20 ; in full, 454 ; not cir- 
 culated, 666 ; to the Minority of 
 the State Convention by citizens 
 of Carlisle, 496, 498 ; to the Minor- 
 ity of the State Convention by the 
 Union Society of Carlisle, 497 ; to 
 the Minority of the Convention, 
 examined, 532. 
 
 Address of the L,ow Bom, 173-175. 
 
 Address to the Legislature of Pa., 
 condemning the Constitution and 
 the deputies from Pa., circulated, 
 668. 
 
 Agnew, John, of Carlisle, 488 ; issues 
 warrants for arrest of rioters, 491 ; 
 depositions taken before, 492 ; com- 
 mits prisoners, 493. 
 
 Allison, John, mentioned, 79; Member 
 of Pa. Convention, sketch of, 712. 
 
 Amendments, offered by the Anti- 
 federalists in Convention, 421-424, 
 442-445 ; proposed by the Minority 
 of Pa. Convention,46i ; the same the 
 basis of Madison's amendments, 
 19 ; to the Constitution proposed 
 by Harrisburg Conference, 562. 
 
 Answer, to Address of Minority of 
 the Assembly by six Members, 5, 
 79 ; entitled "A mock protest," 83 ; 
 by "Duello," 84; by Independent 
 Citizen, 85 ; by Pelatiah Webster, 
 89 ; by "A Citizen of Pennsyl- 
 vania," 106 ; by One of Four Thou- 
 sand, 114, 119. 
 
 Antis, Frederick, defeated, 6 ; refuses 
 to obey the summons of the As- 
 sembly, 68. 
 
 Antifederal, Addre.sses from Carlisle, 
 495, ^97, 498 ; Address from Frank- 
 lin county to the Assembly, 501 ; 
 lies, 527 ; riot at Carlisle, 488 et seq 
 
 Antifederal Writings, Anonymous, 
 
 etc., etc. 
 
 Address of the Sixteen Seceding 
 Members of the Assembly, 73. 
 
 Fair Play, 133-4, 139-40. 
 
 Democratic Federalist, 150-7. 
 
 The Couching Needle, 157. 
 
 Morsus, 163. 
 
 American Mechanic, 164. 
 
 John Humble, 173-5. 
 
 Officer in the late Continental 
 Army, 179-87. 
 
 One of the Dissenting Assembly- 
 men, 196-203. 
 
 Petition to the Assembly to Amend 
 the Constitution, 432. 
 
 Cato's Soliloquy Parodied, 440. 
 
 Report of Committee of Citizens, 
 
 441. 
 
 Many Customers, 442-6. 
 
 Columbus, 445-7. 
 
 One of the People, 452-3. 
 
 Federalist, 453. 
 
 Address and Reasons of the Dis- 
 sent of the Minority of the Pa. 
 Convention, 4S4. 
 
 Uncle Toby, 403. 
 
 A Unitarian, 504. 
 
 Queries to Pennsylvanians, 505. 
 
 Answer to Advertisement, 507. 
 
 Squib, 507. 
 
 Argus, 508. 
 
 Maxims, 508. 
 
 Gouvero, 517. 
 
 Tom Peep, 517-18. 
 
 Peep Jtinior, 518-19. 
 
 An Old American, 525-6. 
 
 Verses on the Constitution, 529. 
 
 A Farmer, 531 et seq. 
 
 A new Federal Song, 547. 
 
 Federalists' Political Creed, 547. 
 
 Letters of " Centinel," 565 et seq. 
 
 Anonymous, 140-1, 142, 160. 
 Antifederalism in the Western coun- 
 ties, 23. 
 Antifederalists, conduct of in Pa., 
 
 114, 136, 138, 157, 161-162 ; Objec- 
 tions to the Constitution briefly 
 
 ( 791 ) ■ 
 
792 
 
 Index. 
 
 stated, 7 ; imposed Test Laws, 85 ; 
 location of in Penna., 668. 
 "Argus," 508. 
 
 Aristocracy, fears from, 496, 508, 548 ; 
 the tendency of tlie Constitution 
 towards, 575 ; prompt secret ses- 
 sions of Vas. Convention, 577 ; in 
 .Sweden, 584 ; work of, 594. 
 
 Aristocrats, 517. 
 
 Armand, Gen., conduct in 1788 re- 
 ferred to, 682. 
 
 Army, Standing, dangers of, 78, loi, 
 155. 156, 409, 462, 480, 481, 502, 
 509, 570, 585 ; to be kept up by two 
 thirds vote of Congress, 563; Wilson 
 on, 145, 146 ; Democratic Federal- 
 ist on, 154, 156, 191. 
 
 Arndt, John, member of the Pa. Con- 
 vention, sketch of, 713. 
 
 Ashmead, Samuel, member of the Pa. 
 Convention, sketch of, 714. 
 
 Assemblies, annual necessary, 325. 
 
 Assembly of Pennsylvania, proceed- 
 ing in regard to calling a Conven- 
 tion, 3, 27 ; minority prepare an 
 address, 5 ; address of minority, 
 75 (see also Answer to Address) ; 
 members absent themselves to pre- 
 vent a quorum, 60 ; absentees sum- 
 moned to attend, 61 ; resolutious 
 of Congress presented to, 63 ; calls 
 a Convention, 72, 458 ; Minority 
 of abused, 136, 138; defended, 139, 
 140, 200, 201, 202 ; complaints in, 
 concerning a riot, 204-210 ; speech 
 of M'Irean regarding, 204, 205, 208 ; 
 of Mr. Findley, 205, 209, 210 ; of 
 Mr. Keunedy, 207 ; of Mr. Fitzsim- 
 ons, 209 ; of Mr. Peters, 208 ; of 
 Mr. Lewis, 208, 209. 
 
 "Assemblyman," remark of a Dissent- 
 ing, 196-203. 
 
 Bail, excessive, not to be required, 
 461. 
 
 Baird, John, mobbed at Boyd's house, 
 13 ; member of the Pa. Convention, 
 sketch of, 714. 
 
 Baker, Hilary, member of the Pa. 
 Convention, sketch of, 715. 
 
 Baldwin, Abraham, 12, 526, 528. 
 
 Balliet, Stephen, member of the Pa. 
 Convention, sketch of, 715. 
 
 Bank, The, influence used by the 
 Federalists, 677. 
 
 Barclay, John, member of the Pa. 
 Convention, sketch of, 716. 
 
 Bard, Richard, member of the Pa. 
 Convention, sketch of, 717. 
 
 Barr, James, refuses to obey the 
 
 summons of the Assembly, 68 ; 
 mentioned, 79. 
 
 Bedford county, Antifederalists in, 
 669. 
 
 Berks county, Antifederalists in, 669. 
 
 Bill of Rights, Wilson, thinks there 
 is no need of, 9 ; question discussed, 
 19, 78, loi, 112, 143, 144; on omis- 
 sion of, from federal Constitution, 
 251, 252 ; states that had none, 253, 
 254, 261, 263 ; omission of, 286, 291, 
 295, 296, 313, 314, 368, 377, 426, 
 471, 509, 575-577, 580. 
 
 Bills of Credit, states not to issue, 
 
 349- 
 
 Bingham, William, sends word from 
 Congress to Phila. regarding the 
 Constitution, 3, 4, 63. 
 
 Biographical Sketches, of members 
 of Federal Convention, 699 ; of 
 Pennsylvania Convention, 712. 
 
 Bishop, John, member of the Pa. 
 Convention, sketch of, 718. 
 
 Black, John, member of the Pa. Con- 
 vention, sketch of, 718. 
 
 Blyth, Benjamin, 553. 
 
 Boyd, Major Alexander, Assembly- 
 men lodge at house of, 3, 4 ; house 
 of, attacked, 13, 67, 204. 
 
 Boyd, John, member of the Pa. Con- 
 vention, sketch of, 719. 
 
 Brackenridge, Hugh H., favors the 
 calling of a Convention, 34, 36, 40, 
 57 ; on compelling members of As- 
 sembly to attend, 66 ; motion of, 
 71- 
 
 Breading, Nathaniel, member of the 
 Pa. Convention, sketch of, 720. 
 
 "Bricklayer, A," 527. 
 
 Brown, William, member of the Pa. 
 Convention, sketch of, 721. 
 
 Bryan, George, letters of " Centinel " 
 attributed to, 6. 
 
 Bryan, Samuel, author of letters of 
 "Centinel," 6. 
 
 Bucks county. Citizens of, to send 
 delegates to Harrisburg Conference, 
 553 ; proceedings at meeting of, 
 555- 
 
 Bull, Thomas, member of the Pa. 
 Convention, sketch of, 722. 
 "Bystander, A," 504. 
 
 Campbell, Thomas, member of the 
 Pa. Convention, sketch of, 723. 
 
 "Candid," Essay by, 435-440. 
 
 Carlisle, Accounts of the Riot at, 23, 
 486 etseq.\ prisoners liberated from 
 the gaol at, 492, 493 ; discharged, 
 494; Dauphin county Committee 
 
Index. 
 
 793 
 
 at, 494; Address from the anti- 
 federalists of, 495, 497, 498 ; federal- 
 ists at, 628. 
 
 Cato's Soliloquy, parodied, 440. 
 "Centinel," Letters by, 566 et seq.\ 
 authorship of, 6, 669 ; replied to, 
 157-160, 165-173, 524; statement re- 
 garding suppression of debates, 
 note, 212; advertisement regard- 
 ing, 506 ; lies of, 527 ; lamentations 
 of, on the adoption of the Constitu- 
 tion, 615 ; conceals his name, 669 ; 
 regrets the adoption of the Consti- 
 tution, 670 ; his answer to LucuUus, 
 683 ; author of One of the People, 
 692; reply of Mifflin and Morris to 
 charges of, 786. 
 
 Chambers, Stephen, mentioned, 362, 
 363, 420, 425, 426 ; member of the 
 Pa. Convention, sketch of, 723 ; 
 Wilson's notes on remarks of, 770, 
 776. 
 
 Chancery Court, none in Pa., 183. 
 
 Cheyney, Thomas, member of the Pa. | 
 Convention, sketch of, 724. 
 
 Citizen, An American, 163-4. 
 
 Citizen of Pennsylvania, answer to 
 Address of the Minority of the As- 
 sembly, 106. 
 
 City, The Federal, offers of a site for, 
 
 429. 430- 
 
 Civil Rights, not secure, 251. 
 
 Clark, Robert, summoned to attend 
 the Assembly, 68 ; mentioned, 79. 
 
 Clymer, Daniel, favors the calling of 
 a Convention, 27, 29, 31, 32, 34; 
 mentioned, 30, 32, 36, 48, 5o; on 
 Members of jAssembly refusing to 
 attend, 68, 69, 70 ; takes part in de- 
 bate, 61, 62, 72; mentioned, 82. 
 
 Clymer, George, moves the calling 
 of a Convention in Pa. to consider 
 the Constitution, 3, 27, 32, 34 ; 
 favors the calling of a Convention, 
 48 ; presents resolutions of Congress 
 to Assembly, 63 ; on Members 
 absenting themselves from the As- 
 sembly, 70 ; motion of, 72 ; men- 
 tioned, 82, 518 ; biographical sketch 
 of, 704. 
 
 Colden, Gov. Cadwalader, 584. 
 
 Coleman, Robert, member of the Pa. 
 Convention, sketch of, 724. 
 
 College of Philadelphia, property 
 confiscated, 688. 
 
 "Columbus," Essay by, 445-447. 
 
 Commerce gave birth to lie federal 
 Constitution, 605. 
 
 "Compact," 381. 
 
 " Conciliator," by James Wilson, 643. 
 Conclave, Dark or Secret, 314, 457. 
 Confederacies, United States, made 
 
 into two or more, 225, 226. 
 Confederacy, the new Government 
 
 will not be a, 466. 
 Confederation, weakness of, 455 ; 
 remarks on articles of, Sec. II., 
 150; to be amended, 456, 559; in- 
 adequate, 601, 607. 
 Congress, submits the Constitution to 
 the States, 2, 3, 591, 596 ; the ap- 
 proval of, should be obtained be- 
 fore action by the States, 35 et seq, 
 86, 95 ; resolutions of, to the States, 
 64; powers of, 169, 171, 172, 181-3, 
 187, 188, 189, 192 ; same discussed, 
 313-48, 284-86; powers of, too 
 large, 367, 371, 372, 373, 374, 375, 
 408, 409, 410, 443 ; powers of ex- 
 amined by "Centinel," 570, 581; 
 power of, to borrow money, 539 ; 
 representation in, 132, 192; rota- 
 tion in, 182, 193. 
 Connecticut, "Centinel" breaks into, 
 
 506. 
 Conscience, rights of not secure, 
 
 315, 502. 461, 480. 
 Consolidated Government, 535 ; de- 
 fined by Smilie, 390; Findlay, 
 389-90 ; Wilson on, 390-1. 
 "Consolidation," 256-257, 258, 262, 
 263-266, 267-271, 272, 284-287, 
 296-297, 300, 301, 301-303, 315, 
 319-320, 321, 322, 350, 377, 389, 390; 
 tendency of the Constitution to, 
 465, 470- 
 " Constant Reader, A," 506. 
 Constitution, The Federal, first pub- 
 lished, I ; attacked, 1 ; presented to 
 Congress,!; opposed in Congress, i, 
 2; submitted to the States by Con- 
 gress, 2; opposition to in western 
 counties of Pa., 11; proposes greater 
 changes than were anticipated, 77, 
 92, 94, 595; expense of supporting 
 it to be considered, 77, 95 ; if opposed 
 to that of Pa. to be opposed, 114; 
 objection to Art. I., Sec. 2, 132; to 
 Art. III., Sec. 2, 133; compared with 
 State Constitutions, 134, 135; bene- 
 fits expected from, 137; "Blessings 
 of," 141; difference between Federal 
 and State Constitutions, 143-144; 
 Wilson's defence of, 143-150; answer 
 to Wilson's defense, 150-157; aTurk 
 on, 159; favored byforeign ministers, 
 163-164; a Federalist on, 157-159, 
 165-173 ; called for in German, 173; 
 
794 
 
 Index. 
 
 Homespun ou, 176-179; objections 
 to stated, 179-187; reply by "Plain 
 Truth," 187-195; described by Wil- 
 son, 231; preamble discussed, 249; 
 no bill of rights, 143-144; 251-253; 
 286, 291, 259-295, 313-314; objec- 
 tions to, 16, 19, 313-333; objections 
 to the three branches of govern- 
 ment, 78, 95 ; merits of, 340-349; 
 three powers of, kept separate, 
 341-342 ; ratified by Pa., 20, 427- 
 431; petition in support of, 432- 
 435; "Candid" on, 435-440; report 
 of committee oifering amendments, 
 442-445 ; criticism of report by 
 "Columbus," 445-447; adoption a 
 violation of that of Pa., 458 ; su- 
 premacy of the lavifs of, 467; to be 
 opposed in other States, 499 ; not 
 approved by Congress, 502 ; ratified 
 by ten States, 551, 552; amendments 
 to needed, 559, 560, 561; same pro- 
 posed by Harrisburg Conference, 
 562; is it calculated to promote fu- 
 ture welfare ? 566; undue haste in 
 considering it, 596; rejection of it 
 should be celebrated, 610. 
 
 Constitution of Pa., importance of 
 threatened, 78, 83, 89, 114; oppo- 
 nents to delegates to Federal Con- 
 vention, 73, 94, 99, 114, 627; proba- 
 ble effect of the Federal Constitu- 
 tion on, 117; violated by the Anti- 
 federalists, 136 ; Centinel on, 166, 
 167; disproved by Federalists, 186; 
 remarks on, 197; different kinds of 
 negatives in, 197, 198, 199, 200; dis- 
 cussion on, 243; Wilson, on the Ex- 
 ecutive department, 391 ; the Judicial 
 department, 402 ; liberties secured 
 by, 565; provisions for altering, 596; 
 excellence of, 626; attacked by Fed- 
 eralists, 643. 
 
 Constitutional Council suggested, 463. 
 
 " Contract," the Constitution, a 383. 
 
 Convention, Federal, not unanimous, 
 185-186; Wilson's speech on the 
 work of, 218-231; exceeded its pow- 
 ers, 257, 258, 331-333, 502; delegates 
 to, chosen without consulting the 
 people, 456 ; Pennsylvania mem- 
 bers all from Philadelphia, 73, 86, 
 108, 1 15,456; the same opposed to the 
 Constitution of Pa., no, 457, 627 ; 
 the same to serve without pay, 456; 
 complaints of the suppression of 
 the Journal, 185 ; called a secret 
 conclave, 314, 457; Anti-federal 
 view of, 457. 
 
 Convention, new one to be called, 
 505, 552, 608. 
 
 Convention of Pennsylvania, called 
 to consider the Federal Constitu- 
 tion, election of members to, 12; 
 religion of its members, 13; their 
 services, 14 ; vote of, on several 
 questions, 16; the debate ou 
 calling, 29 ; favored by, Fitzsim- 
 ons, 39, 55 ; Breckinridge, 40, 57 ; 
 Clymer, 48; Robinson, 50; calling 
 of opposed by Findley, 43, 55, 59; 
 Whitehill, 59 ; resolution for call- 
 ing by the Assembly, 27, 72; the 
 same hurried through the house, 
 74; delegates to, 115; riot after the 
 election of, 204-211; members of, 
 212-213; convention meets, 211; 
 report of debates, 212 note; Presi- 
 dent chosen, 213, 214 ; attend the 
 commencement of the University, 
 214; rules of, 215, 216; business 
 opened by McKean, 217 ; speech of 
 Wilson on federal convention, 
 218-231 ; Smilie replies to McKean, 
 231, 232 ; McKean explains his 
 motion, 232, 233 ; McKean proposes 
 to consider Constitution by articles, 
 234 ; debate on, 234-237 ; journal to 
 be printed in English and German, 
 238 ; Whitehill moves to allow 
 members to enter reasons of vote 
 on minutes, 238 ; debate on, 238- 
 242 ; amended and debated, 242- 
 248 ; preamble taken up, 249 ; 
 Smilie on the preamble, 249, 250 ; 
 McKean on Bill of Rights, 251, 
 252 ; Wilson on, 252-254 ; Smilie 
 on, 254, 255; Whitehill on "con- 
 solidation," 256-259; powers of 
 Congress, 259-263 ; Wilson on State 
 Rights, 263-266 ; Smilie on, 267- 
 271 ; McKean on, 271-281 ; White- 
 hill on State Sovereignty, 284-287 ; 
 Wilson on House of Representa- 
 tives, 287-289; Hartley defends 
 the Constitution, 289-294 ; Yeates' 
 speech, 295-299; Findlay on consol- 
 idation, 300, 301 ; Wilson's reply, 
 301-310; L,loyd's report of Wilson's 
 speech, 311-349; Vice-President dis- 
 cussed, 350, 351; judiciary discussed 
 by Wilson, 351-359 ; trial by jury, 
 359-361 ; quarrel in, 361-363 ; Mc- 
 Kean on objections to, 366-379; 
 Wilson on Constitution, 380-418 ; 
 petitions from Cumberland, 420 ; 
 amendments offered, 421-424 ; re- 
 iected, 424, 425; ratification of Con- 
 
Index. 
 
 795 
 
 stitution by, 20, 425-427; offers a 
 site for the federal city, 430, 431 ; 
 minority denounced, 449, 450; ad- 
 journs, 428-431; after it rose, 454; 
 conditions under whicli it was 
 called, 459, 460 ; mode of consider- 
 ing the Constitution in, 460 ; minor- 
 ity of insulted, 464; address and 
 reasons of dissent of the minority, 
 454 ; same mentioned, 20 ; (For 
 Answers see Address ;) vote on rati- 
 fication, 482 ; vote for, 504 ; view of 
 the objections of the minority of, 
 522 ; irregular, 545 ; some delegates 
 pledged to adopt the Constitution, 
 460, 597. 
 
 Convention of Virginia called, 456. 
 
 Council, Supreme Executive, of Pa., 
 petition to, from citizens of Cumber- 
 land regarding rioters, 495. 
 
 Court of Chancery, none in Pa., 183. 
 
 Courts, Federal, are they necessary ? 
 78, 102. 
 
 Court, Supreme, jurisdiction of 2, 
 354-359 ; no other to be established 
 by Congress: except admiralty, 564. 
 
 Crawford, John, chosen delegate to 
 Harrisburg conference, 557. 
 
 Cumberland county, petition from, 
 420; movement in favor of new 
 Convention, 552 : Antifederalists in, 
 668. 
 
 Dale, Samuel, defeated, 6 ; refuses to 
 obey the summons of the Assembly, 
 68 ; mentioned, 79. 
 
 Dallas, Alexander James, reports de- 
 bates, 15 ; reports suppressed, 15, 
 212, note ; reports debates for 
 "Herald," 212, note, 213, note. 
 
 Dane, Nathan, opposes the Constitu- 
 tion, I. 
 
 Dauphin county, committee from, 
 meet new federalists at Carlisle, 
 494 ; Antifederalists in, 669. 
 
 Debate in Pennsylvania Assembly on 
 calling a Convention, 6, 27 ; note 
 on, in State Convention, 212, 213, 
 note; Wilson's speech, 218-231; 
 Smilie's speech, 231, 232. 
 
 Debt, Domestic, diminished by sale 
 of western lands, 455. 
 
 Delegates to the federal Convention, 
 chosen without consulting the peo- 
 ple, 456 ; powers of limited, 456 ; 
 from Pa. to receive no pay, 456 ; how 
 chosen, 456 ; biographical sketches, 
 699 ; to the Pennsylvania Conven- 
 tion, biographical sketches of, 712. 
 
 "Democratic federalist," essay of, 11 ; 
 
 replies to Wilson's speech, 150-157. 
 
 "Dentatus," 162. 
 
 Deshler, David, member of the Pa. 
 Convention, sketch of, 725. 
 
 Despotism, defined, 282. 
 
 Dickinson, John, address of the 
 Annapolis Convention signed by, 
 107 ; Farmer's letters by, quoted, 
 578, 581. 
 
 Dissent of Minority of Pa. Conven- 
 tion, reasons of, 464. 
 
 District ten miles square, regulation 
 of the government of, 563. 
 
 Downing, Richard, member of the 
 Pa. Convention, sketch of, 726. 
 
 "E. G. O." on the Convention, 450, 
 451. 
 
 Easton, Pa., Constitution approved 
 of, at, 22. 
 
 Edgar, James, member of the Pa. 
 Convention, sketch of, 726. 
 
 Edwards, Enoch, member of Pa. Con- 
 vention, sketch of, 726. 
 
 Election of 1787 in Pa., 6; of mem- 
 bers to State Convention, 12 ; of 
 delegates to Pa. Convention, vote 
 cast for, 460 ; of members of the 
 new Congress, advice of " Centinel, ' ' 
 672 ; of Congressmen in 1787, 684. 
 
 Elections, power of Congress to regu 
 late, 259, 266, 272, 273, 367, 397; 
 of Senators and Reps, not often 
 enough, 366, 368, 369 ; to be regu- 
 lated by the States, 462 ; objection 
 to authority given Congress regard- 
 ing time and place of, 468 ; should 
 be frequent, 502 ; time and place of, 
 not to be changed by Congress, 
 512, 613 ; "Centinel" on, .572. 
 
 Elliot, Jonathan, report of Pa. de- 
 bates imperfect, 212, note, 213, note. 
 
 Elliott, Benjamin, member of the Pa. 
 Convention, sketch of, 727. 
 
 Empire, one consolidated, 225. 
 
 Epple's tavern, 454; dinner at, 517,518. 
 
 Erwin, Rev. Nathaniel, chosen dele- 
 gate to Harrisburg Conference, 557. 
 
 Extent of territory too great for our 
 Government, 464, 470, 572, 600, 
 609. 
 
 Executive Power of the Constitution, 
 342, 367, 375. 391. 398-400; ex- 
 amined by "Centinel," 573; in 
 Penn., 391 ; in Georgia, S. Carolina, 
 N. Jersey and N. Carolina, 392 ; in 
 S. Carolina, 392. 
 
 Fair Play, 133, 134 reply to, 137, 
 138; answers "Tar and Feathers," 
 139, 140. 
 
796 
 
 Index. 
 
 " Farmer," essay of, 531 ei seq. 
 Farmer, a Pennsylvania, 127-129. 
 Farmers and Mechanics driven to 
 
 Kentucky, 688. 
 Fayette county, Antifederalists in, 
 
 669. 
 Federal Writings, Anonymous, etc. 
 
 Address of six members of tlie As- 
 sembly in reply to the sixteen 
 seceding members, 79. 
 
 A Mock Protest of the Minority, 83. 
 
 Duetto, 84. 
 
 Independent Citizen, 85. 
 
 A Citizen of Pennsylvania, 106 ^t seq. 
 
 One of four thousand, 114-119. 
 
 Tar and Feathers, 126-7, 129-30, 
 137-8. 
 
 Pennsylvania Farmer, 127-9. 
 
 Nestor, 130-3. 
 
 A Mechanic, 135-7. 
 
 A Federalist, 159, 164-73. 
 
 United States, 160. 
 
 A Pennsylvania Mechanic, 175-6. 
 
 Homespun, 176-g. 
 
 Plain Tfruth in answer to an Oificer, 
 etc., 187-95. 
 
 Candid, 435-40. 
 
 Puff, 448-9. 
 
 True Whig, 449-50. 
 
 Freeholder, 450. 
 
 E. G. O., 450-1. 
 
 Bystander, 504. 
 
 "A Bystander," 503-4. 
 
 Advertisement regarding "Centi- 
 nel," 506. 
 
 New Roof, 512. 
 
 "A Freeman," 519-20. 
 
 " Undeniable Facts," 520-21. 
 
 " Philauthropis, " 522-4. 
 
 " Real patriot, " 524-5. 
 
 "A Bricklayer," 527. 
 
 "Gomes," 527-S. 
 
 Anonymous, 120, 124, 134, 159, 
 160-1. 
 Federalist, A, essay of, 9 ; on the 
 
 majority of the Convention, 453 ; 
 
 replies to "Centinel," 157-159, 
 
 165-173- 
 ' ' Federalist, The, " criticised by " Cen- 
 tinel," 635. 
 Federalist's Political Creed, 547. 
 Federalists, at Carlisle celebrate the 
 
 ratification of the Constitution, 
 
 491 ; dine together at Carlisle, 491 ; 
 
 Phila., 505. 
 Few, William, 12, 526, 528. 
 Findley, William, chosen to lead the 
 
 debate for the Antifederalists, 16; 
 
 arguments of, 18; thinks amend- 
 
 ments necessary, 19 ; opposes the 
 callingof a Convention, 30 ; mobbed 
 at Boyd's house, 13 ; speech of, 
 opposing calling Convention, 43,54, 
 55. 59 ; evades the Sergeant at arms, 
 68 ; offered a seat in the Federal 
 Convention, 115 ; remark on, 115 ; 
 speech in Assembly, 205, 209, 210; 
 member of Pa. Convention, 213 ; 
 speech of, 235; on consolidation, 
 300, 301; mentioned, 310, 350, 359- 
 364; on jiury trial in Sweden, 364; 
 on consolidation government, 389, 
 418, 419, 450; answer to, 503; his 
 speech in Convention not preserved, 
 640; member of the Pa. Convention, 
 sketch of, 727; mentioned, 79-81; 
 Wilson's notes of remarks his, 769- 
 75,. 778-80, 782-4. 
 
 Fitzsimons, Thomas, favors the call- 
 ing of a Convention, 28, 33; speech 
 of, urging the calling of a Conven- 
 tion, 39, 53; on compelling mem- 
 bers to attend the Assembly, 65, 
 67, 69, 71; mentioned, 82; speech in 
 Assembly, 209; biographical sketch 
 of, 706. 
 
 Flenuiken, John, mentioned, 79. 
 
 Ford, Paul Leicester, quoted, 6, 15. 
 
 France, political condition in 178S, 
 679. 
 
 Franklin, Benj., elected a member of 
 the Convention, 13; issues a procla- 
 mation for the arrest of rioters, 13; 
 the influence of his name con- 
 sidered, 38, 110, III, 117; men- 
 tioned, 83; eulogy of, 117; fool from 
 age, 159, i6o; remarks on, 186; 
 proclamation of, 210, 211; "Centi- 
 nel's " remarks regarding, 567; 
 charged with having deficiency in 
 his accounts, 696; biographical 
 sketch of, 699. 
 
 Franklin county, Antifederalists in, 
 492, 668 ; address from, to the As- 
 sembly, 501. 
 
 Free Government, the powers of, 
 410-12. 
 
 "Freeholder, A," on cost of Conven- 
 tion, 450. 
 
 "Freeman, A," 519-20. 
 
 "Galen," (Dr. B. Rush,) federalist 
 writer referred to, 675, 677, 682, 683. 
 
 Gallatin, Albert, resolutions of, at 
 Harrisburg Conference, 557. 
 
 Gaul, A, 142, 163. 
 
 Gerry, Elbridge, objections of, 521-2. 
 
 Gibbons, William, member of the Pa. 
 Convention, sketch of, 729. 
 
Index. 
 
 797 
 
 Gilchrist, John, mentioned, 79. 
 
 "Gomes," 527-8. 
 
 "Gonvero," 517. 
 
 Government, Wilson's speech on, 
 185-6; America may have either of 
 three kinds, 225; disctissed, 225, 
 226; "Centinel " on, 569. 
 
 Graff, Sebastian, member of the Pa. 
 Convention, sketch of, 730. 
 
 Gray, George, member of the Pa. 
 Convention, sketch of, 730. 
 
 Grayson, William, denounced the 
 Constitution in Congress, i. 
 
 Great Names, influence of, 11, 12, 
 111; abuse of, 185-6, 525, 567, 578, 
 606, 624, 633. 
 
 Greenleaf, Mr., papers not carried, 
 629, 637, 654. 
 
 Grier, David, member of the Pa. Con- 
 vention, sketch of, 731. 
 
 Habeas Corpus secured by the Con- 
 stitution, 589. 
 
 Hanna, James, 554. 
 
 Hanna, John Andre, Secretary of 
 Harrisburg Conference, 557; mem- 
 ber of the Pa. Convention, sketch 
 
 of,-73i- 
 Hannum, John, member of the Pa. 
 
 Convention, sketch of, 732. 
 Harris, John, 428; member of the Pa. 
 
 Convention, sketch of, 733. 
 Harrisburg Conference, called, 26, 552 
 
 et seq.; meeting of, 557; Gallatin's 
 
 resolutions at, 557; proceedings, 558; 
 
 members of, 558 ; resolutions of, 
 
 560 ; petition of, to Assembly, 560 ; 
 
 amendments proposed by, 562. 
 Hartley, Thomas, speech of, 238, 239, 
 
 246 ; defends the Constitution, 289- 
 
 294 ; mentioned, 428, 503 ; member 
 
 of the Pa. Convention, sketch of, 733; 
 
 Wilson's notes of remarks of, 768. 
 "Herald, The Pennsylvania," Report 
 
 of debates in, 115, 212, note, 213, 
 
 note, 524, 640, 641, 664. 
 Hiester, Joseph, member of the Pa. 
 
 Convention, sketch of, 734. 
 Hiltzheimer, Jacob, mentioned, 82. 
 Hockley, , presents a petition 
 
 from Montgomery Co. for a Con- 
 vention, 65. 
 Hoge, Jonathan, member of the Pa. 
 
 Convention, sketch of, 735. 
 "Homespim," remarks of, 176-179. 
 Hopkinson, Francis, New Roof by, 
 
 510 ; nick-named the little Fiddler, 
 
 663. 
 Horsfield, Joseph, member of the Pa. 
 
 Convention, sketch of, 735. 
 
 House of Representatives, Wilson on, 
 287-89; to be increased, 462; opinion 
 of "Centinel" on, 574. 
 
 Hubley, John, member of the Pa. 
 Convention, sketch of, 736. 
 
 Hunn, John, member of the Pa. Con- 
 vention, sketch of, 736. 
 
 Huntingdon county, Antifederalists 
 in, 669. 
 
 Impeachment, objections to use of, 
 by Senate, 476. 
 
 Impost, requisition of Congress for, 
 in 1781, 455. 
 
 "Independent Citizen," in reply to 
 Minority of Pa. Assembly, 85. 
 
 Ingersoll, Jared, no; biographical 
 sketch of, 707. 
 
 Irvine, William, defeated for Conven- 
 tion, 12. 
 
 Island Money, issue of, in 1781, the 
 work of speculators, 686. 
 
 Journal of the Federal Convention 
 suppressed, 185 ; of State Conven- 
 tion to be printed in English and 
 German, 23S ; debates on entering 
 reasons of yea and nay votes on, 
 238-242 ; amended and debated, 
 242-248. 
 
 Judicial Powers, 330, 331, 342, 343, 
 354-359, 368-375. 376, 444, 463. 469, 
 ill, 571, 575, 581. 
 
 Judiciary, defended by Wilson, 351- 
 
 359- 
 
 Jury, trial by, 10, 78, loi, 133 ; argu- 
 ment of Wilson on, 144, 145 ; Dem- 
 ocratic Federalist on, 152-4 ; re- 
 marks on, 180, 189-190 ; in civil 
 cases, 352 ; practice of the State, 
 353 ; debate in Convention, 359- 
 361, 364, 403-406; to remain as be- 
 fore in certain cases, 461 ; secured 
 only in criminal cases, .473, 475 ; in 
 civil cases should be secured, 502, 
 509, 549 ; endangered by the Con- 
 stitution, 565, 575, 581, 583, 589. 
 
 Kennedy, , speech in Assem- 
 bly, 207. 
 
 Lafayette, conduct of, in 17S8 referred 
 to, 682. 
 
 Lamb, Col. John, 507. 
 
 Lancaster, Pa., constitution approved 
 22 ; meeting at to nominate repre- 
 sentatives, 678. 
 
 Landed Interests of Pa., not repre- 
 sented in the Federal Convention, 
 73, 80, 81, 93, 115. 
 
 Latimer, George, member of the Pa. 
 Convention, sketch of, 737. 
 
 Lee, Richard Henry, thinks the con- 
 
798 
 
 Index. 
 
 stitution too strong, I ; proposes 
 alterations in, 2. 
 
 Leeper, Charles, sheriff of Cumber- 
 land Co., discharges prisoners, 494. 
 
 Legislative powers of the constitution 
 examined by "Centinel," 573> 587- 
 
 Lewis, William, speech in Assembly, 
 208-209. 
 
 Liberty, definition of civil, by Wil- 
 son, 227. 
 
 Lies, Anti-Federal, 527. 
 
 Lincoln, Abraham, 235, 236; mem- 
 bers of the Pa. Convention, sketch 
 
 of- 737- . , . , 
 
 Lloyd, Thomas, notice of, 14; his vol. 
 of Debates, 14 ; bought up by the 
 Federalists, 15 ; mentioned, 27 ; re- 
 ports debates, 212 note ; applies for 
 clerkship, 215 ; version of Wilson's 
 speech, 217 note ; report of a speech 
 by Wilson, 311, 349, 508. 
 
 Logan, George, approves of the con- 
 stitution, 68. 
 
 Lotz, Nicholas, see Lutz. 
 
 Low-born, humble address of, 173-175. 
 
 Lowery, Alexander, on compelling 
 members to attend the Assembly, 
 62, 65. 
 
 "Lucullus," (B. Rush) Answered by 
 "Centinel," 683 et seq. 
 
 Ludwig, John, member of the Pa. 
 Convention, sketch of, 738. 
 
 Lutz, Nicholas, member of the Pa. 
 Convention, sketch of, 739. 
 
 Macpherson, William, mentioned, 
 363; member of the Pa. Convention, 
 sketch of, 740. 
 
 Madison's Amendments, similar to 
 those proposed by minority of Pa. 
 Convention, 19. 
 
 Marshel, James, member of the Pa. 
 Convention, sketch of, 741. 
 
 Martin, James, member of the Pa. 
 Convention, sketch of, 742. 
 
 Martin, Luther, his pamphlet men- 
 tioned, 633, 638; quoted, 646 et 
 seq. 
 
 Mason, George, disapproves of the 
 Constitution, 78, 84, 521, 522. 
 
 Massachusetts, haste in calling a Con- 
 vention, 639 ; adoption of the Con- 
 stitution by, 656. 
 
 Maxims, 508. 
 
 M'Calmont, James, compelled to at- 
 tend the Assembly, 4, 64, 65, 75 ; 
 offers to pay fine, 4, 67 ; summoned, 
 67; remarks of, 69; attempts to 
 leave the house, 70 ; is compelled to 
 remain, 71 ; thinks the Convention 
 
 called too early, 71; mentioned, 79; 
 insult to, 13, 206, 210, 211. 
 
 McClenachan, Blair, Chairman of 
 Harrisburg Conference, 557. 
 
 McDowell, John, summoned to at- 
 tend the Assembly, 68 ; mentioned, 
 
 79- 
 
 McKean, Thomas, 14; moves the 
 adoption of the Constitution in the 
 Convention, 16; member of Con- 
 vention, 212; nominated for Presi- 
 dent of, 213 ; motion by, 216; opens 
 business of Convention, 217 and 
 note; answered by Smilie, 231-232 ; 
 explains his motion, 232 ; motion 
 by to consider the Constitution by 
 articles, 234 ; debate on, 234-237 ; 
 speech on entering reasons of yea 
 and nay vote on minutes, 238, 241- 
 242, 243, 248; on bill of rights, 251- 
 252 ; on powers of Congress, 271- 
 281, 282 ; Cited, 299, 360 ; replies 
 to taunts of Anti-Federalists, 361- 
 362, 364, 365, 366 ; on the objections 
 to the Constitution, 366-379 ; Crit- 
 icised, 447-448 ; burned in eflB.gy 
 at Carlisle, 23, 490 ; celebrates the 
 ratification of the Constitution, 
 504; member of the Pa. Convention, 
 sketch of, 739; Wilson's notes of his 
 remarks, 765-766, 768-769, 783. 
 
 McLean, jfames, mobbed at Boyd's 
 house, 13 ; speech in Assembly, 
 204-205, 208. 
 
 Meade, Robert, 706. 
 
 Mechanic, 136-137. 
 
 Mechanic, a Pennsylvania, 175-176. 
 
 Mifflin, Thomas, (nicknamed Tommy 
 the Q. M. Gen,) 12; reflections on, 
 662 ; biographical sketch of, 701; 
 reply of to charge, of " Centinel" 
 and others, 786. 
 
 "Migration or importation," 312-313. 
 
 Miles, Col. Samuel, 676. 
 
 Miley, Jacob, compelled to attend the 
 Assembly, 4, 64, 75 ; summoned, 
 67 ; mentioned, 79. 
 
 Militia, powers of the States and U. 
 S. over, 463, 480, 563, 598. 
 
 Miller, Jr. Robert, attacked at Car- 
 lisle, 489. 
 
 Minority of Pa. Convention, names of, 
 482 ; thanked, 498 ; address and 
 reasons of dissent of the minority 
 of Pa. Convention, and answers — see 
 Convention of Pa., also Address. 
 
 Mitchell, David, refuses to obey the 
 summons of the Assembly, 68 ; 
 mentioned, 79. 
 
Index. 
 
 799 
 
 Money, raised for Federal essays, 
 
 519 ; see Island Money. 
 Montesquieu, quoted, 345, 469, 476, 
 ,^570, 577, 598, 609, 610, 618, 680. 
 Montgomery Co. favors a Conven- 
 tion, 65. 
 Morris, Gouverneur, extract from h 
 letter of, giving reasons for the op- 
 position to the Constitution, 11 ; 
 mentioned, 12; nicknamed Gouvero 
 the Cunning Man, 12, 505, 631 ; 
 biographical sketch of, 709. 
 Morris, James, member of the Pa. 
 
 Convention, sketch of, 742. 
 Morris, Jonathan, member of Assem- 
 bly from Chester county, 675. 
 Morris, Robert, mentioned 11, 12; 
 nicknamed Bobby the Cofferer, 12, 
 631 ; reflections on, 12, 658, 661, 
 689; charged by " Ceutinel " with 
 speculations, 686, 690, 691 et seq. 
 696 ; his defence quoted, 696 ; bio- 
 graphical sketch of, 703 ; reply of 
 to " Centinel " and others, 787. 
 "Morsus," 163. 
 
 Muhlenberg, Frederick A., President 
 of the Pa. Convention, 213; sketch 
 of, 743- 
 Nation, the U. S. to become a, 414. 
 Neckar, quoted, 346, 348-349. 
 '■ Needle, the Couching," 157. 
 "Nestor," 130-133. 
 Neville, John, member of the Pa. 
 
 Convention, sketch of, 744. 
 New Federal Song, 457. 
 "New Roof, The" by Francis Hop- 
 
 kinson, 510. 
 New York, reqTJSSt of the State of, for 
 
 a new Convention, 557. 
 Newspapers held back by Federalists, 
 15 ; Federalists try to suppress op- 
 position papers, 15. 
 Northampton county, citizens of, ap- 
 prove of the ratification, 483-4 ; 
 address of delegates of, 484 ; Fed- 
 eralists of, 628. 
 Objections to Constitution, 179-182; 
 remarks on Art i, Sec. 2, 132, 187; 
 Art. I, Sec. 3, 192, 193; Art. I, Sec. 
 4, 194, 443; Art. I, Sec. 5, 191, 194, 
 269, 443; Art. 1, Sec. 9, 194; Art. 2, 
 Sec. 2, 191, 193; Art. 3, Sec. 2, 133, 
 151, 188, 190, 444; Art. 4, Sec. 4, 189, 
 297; Art: 4, Sec. 7, 192; Art. 5, 195; 
 Art. 6, Sec. 2, 444; Wilson on, 313- 
 333; M'Kean on, 366-379; no bill 
 of rights, 471; representatives too 
 few, 471; judicial powers too great, 
 473 ; j^iy tri^l secured only in 1 
 
 criminal cases, 473; powers not well 
 defined, 475; to power of Senate 
 over appointments to ofiice, 476, to 
 the power of the President and 
 Senate in regard to treaties, 476, 
 477; taxation, 477; standing army, 
 480; Congress has too much power 
 over the militia, 480, 481; rights of 
 conscience may be violated, 480; 
 powers granted too great, 502; of 
 the minority of the Pa. Convention, 
 464; to the Constitution of U. S. 
 from Franklin Co., 502; of Mason, 
 Randolph and Gerry, 521: to the 
 Constitution stated by "Centinel," 
 589-606. 
 
 Objections to the manner in which 
 the Federal and Pa. Conventions 
 were called, 459. 
 "Officer of the late Continental 
 Army," remarks on the Constitu- 
 tion, 180-187; reply to, 187-195. 
 
 " Old American, An," 526. 
 
 "One of the Four Thousand,"! 14-119. 
 
 " One of the People," 452-3; account 
 of the riot at Carlisle by, 486-488; 
 by "Centinel," 629. 
 
 Opponents of the Constitution, their 
 schemes, etc., 87, 88, 114. 
 
 Opposition to Constitution in Pa., 
 reasons of, 21; met with abuse, 689. 
 
 Orth, Adam, member of the Pa. Con- 
 vention, sketch of, 745. 
 
 Oswald, Eleazer, publishes Independ- 
 ent Gazetteer, 6; one of the sup- 
 posed authors of letters of "Centi- 
 nel," 6; sketch of, 8. 
 
 Paper Money, 83, 89. 
 
 Patterson, Alexander, Chairman of 
 Northampton county meeting, 484, 
 628. 
 
 Pedan, Benjamin, member of the Pa. 
 Convention, sketch of, 746. 
 
 "Peep Junior," 518-519. 
 
 Penn, William, his treaty with 
 Indians, 294. 
 
 Pennsylvania, no court of chancery 
 in, 153 ; the interests of to be in- 
 trusted to two men, 479; western 
 part looking to the establishing of 
 a separate State, 651 ; members of 
 the Federal Convention, biograph- 
 ical sketches of, 699. 
 
 Pennsylvania Convention, see Con- 
 vention, Pa. 
 
 " Pennsylvania Herald" silenced, see 
 Herald, Pa. 
 
 Peters, Richard, speech in Assembly, 
 208. 
 
8oo 
 
 Index. 
 
 Petition, from Cumberland, 420; from 
 Philadelphia, 432-435 ; number of 
 signatures to, 157 ; of Harrisburg 
 Conference to Assembly, 561 ; for 
 the adoption of the Constitution 
 circulated, 457. 
 Pettit, Charles, heads the Anti-Federal 
 ticket, 12; defeated for Convention, 
 12. 
 Philadelphia, rejoicing in, 26; petition 
 from the citizens of, 432-435; num- 
 ber of signatures to, 157. 
 " Philadelphiensis, " letters of printed 
 in "Gazetteer," reply to, 524; by 
 Workman, 663. 
 Philanthropist, 522-524. 
 Philips, Theophilus, mentioned, 79. 
 Pickering, Timothy, mentioned, 14 ; 
 member of the Pa. Convention, 
 sketch of, 746 ; Wilson's notes of 
 remarks of, 770, 772, 773. 
 Pinckney, C. C, 185. 
 Piper, George, meeting of Anti-Fed- 
 eralists called at his home in Bucks 
 Co. , 554 ; proceedings at meeting, 
 555- 
 Piper, John, mobbed at Boyd's house, 
 13; refuses to obey the summons of 
 the Assembly, 68 ; mentioned, 79. 
 Pittsburgh, account of the celebration 
 
 of the ratification at, 551. 
 "Plain Truth" reviews objection to 
 
 Constitution, 187-195. 
 Post Office, charges against, 24, 529- 
 530; charges against by ' ' Centinel, ' ' 
 629, 637, 642, 653, 655, 666, 667. 
 Postlethwait's tavern, Federalists 
 
 meet at, 491. 
 Powell, Joseph, member of the Pa. 
 
 Convention, sketch of, 74S. 
 
 Power, the Supreme, lodged where? 
 
 229-230, 315 ; in the people, 316, 
 
 318 ; in the state constitutions, 316. 
 
 Powers of a good government, 537 ; 
 
 delegated to Congress, 539; of 
 
 government to be kept separate, 
 
 463 ; vested in Congress too great, 
 
 465 ; not well defined, 475. 
 
 Preamble, Wilson's, 249; Smilie on, 
 
 249. 
 Presbyterians oppose the Constitution 
 
 in Pa., 22. 
 President, veto objected to, 333-335 ; 
 power of in making treaties ob- 
 jected to, 476, 477 ; he will become 
 a leader or minion of the Senate, 
 398, 574, 586. 
 Press, liberty of, 15, 78, loi, 113; se- 
 cured, 116, 134, 141; Wilson on, 
 
 144; Democratic Federalist, 151; 
 remarks on, 181, 190; insecure, 
 462, 502, 509; endangered by the 
 Constitution, 565, 575, 576, 580, 
 589, 639. 
 
 Procession, on the occasion of the 
 ratification of the Constitution, 
 427-428. 
 
 Protest, right of entering on journals 
 not known in America until the 
 Revolution, 241 ; only in Pa., 241. 
 
 Proclamation of Franklin, 210-211. 
 
 Prophecy for 1789, 121-124. 
 
 ' ' Publius, ' ' anecdote of, 509 ; writ- 
 ings of criticised by ' ' Centinel, ' ' 
 
 635. 
 
 Quakers, in favor of the Constitution, 
 520 ; should oppose the Consti- 
 tution, 600 ; support the Consti- 
 tution, 674. 
 
 Queries submitted to the people of 
 
 Pa,, 505- 
 
 Randolph, Edmund, objections of, 
 521-2. 
 
 Ratification of the Constitution, 425- 
 427; procession, 427-428; form of, 
 428; rejoicings over, 454. 
 
 "Real Patriot," 524-5. 
 
 Reed, Gen. Joseph, death hastened 
 by writings of Galen (B. Rush),677. 
 
 Religious elements in Pa. Conven- 
 tion, 13. 
 
 Religious liberty should be preserved, 
 461; not secured by the Constitu- 
 tion, 589. 
 
 Report of a Committee of Citizens on 
 the Constitution, 441-445 ; (Anti- 
 federal) criticised by "Columbus," 
 
 445-447- 
 
 Representation in Congress, term too 
 long, 78 ; not too long, 102; dis- 
 cussed, 132, 287-9; too small, 366, 
 370, 471, 562. 
 
 Republic, A Federal, 225-226. 
 
 Reserved rights not secured, 469, 541 ; 
 to be secured, 562; remarks of 
 "Centinel" on, 580; not protected, 
 612. 
 
 Resolutions of Albert Gallatin at Har- 
 risburg Conference, 557. 
 
 Reynolds, John, member of the Pa. 
 Convention, sketch of, 748. 
 
 Rhode Island, condition of in 1787, 
 118. 
 
 Richards, John, member of the Pa. 
 Convention, sketch of, 748. 
 
 Right to hunt, etc., to be secured, 
 462; to bear arms to be secured, 
 462. (See also Reserved Rights.) 
 
Index, 
 
 8oi 
 
 Riot at Boyd's house, 13, 204-210. 460; 
 Franklin's Proclamation, 210-211; 
 at Carlisle, accounts of, 486, et seq.; 
 rioters rescued, 493. 
 
 Roberts, Jonathan, member of the 
 Pa. Convention, sketch of, 749. 
 
 Robinson, J. William, speech of in 
 favor of calling Convention, 50; on 
 fining members, 62; on compelling 
 members to attend, 65, 68, 69, 70; 
 mentioned, 82. 
 
 Rotation in office, 182. 
 
 Rules of the Convention, 215-216. 
 
 Rush, Dr. Benjamin, mentioned, 14; 
 and T. Lloyd, 15, 149-150; member 
 of Convention, 212; speech by, 213, 
 235; speech on entering protests on 
 ininutes, 240-241; on the Constitu- 
 tion, 294-295; cited, 299-300; men- 
 tioned, 310, 420; nicknamed ■' Dr. 
 Puif," 642; see "Galen," 682; see 
 "IvUCuUus," 683; member of the 
 Pa. Convention, sketch of, 749 ; 
 Wilson's notes of remarks of, 769, 
 771. 
 
 Scott, Thomas, member of the Pa. 
 Convention, sketch of, 751; Wil- 
 son's notes of remarks of, 766. 
 
 Sedgwick, W., 628. 
 
 Senate, U. S., 172, 181; can prevent 
 additions to lower house, 326; mem- 
 bers of, may hold office too long, 
 326-327; may corrupt the House, 
 337; powers of, 337-340; objections 
 to the power of, in impeachment 
 and appointment to office, 476; ob- 
 jections to power of Senate in mak- 
 mg, 476, 477; opinion of " Centinel " 
 on, 574, 585, 587. 
 
 Senators too much power, 366, 370; 
 to be recalled by legislatures, 562. 
 
 Sherman, Roger, 11, 12. 
 
 Ship, Federal, drawn through the 
 streets of Phila., 454, 504. 
 
 Slagle, Henry, member of the Pa. 
 Convention, sketch of, 752. 
 
 Slave Trade, provided for until 1808, 
 
 599- 
 Slaves, restriction on the importation 
 
 of, 312. 
 Smilie, John, mobbed at Boyd's 
 house, 13 ; one of those chosen to lead 
 the debate for the Antifederalists, 
 16; denounces the Constitution, 
 231-232; speech of, 243, 244-245, 
 248; speech on the Preamble, 249- 
 251; civil rights not secure, 251; on 
 bill of rights, 253, 254-256; on State 
 rights, 267-271, 282-283; cited, 299, 
 
 51 
 
 350; remarks by, 361, 362, 364-365, 
 405, 424, 428; member of the Pa. 
 Convention, sketch of, 752 ; Wil- 
 son's notes of his remarks, 765-7-9, 
 
 77l-3> 777-82, 784-5. 
 
 Smith, Abraham, mobbed at Boyd's 
 house, 13; mentioned, 79. 
 
 Smith, Melanchthon, opposes the 
 Constitution in Congress, 1. 
 
 Smith, Robert, member of Assembly 
 from Chester County, 675. 
 
 Society, Wilson's remarks on the 
 nature and principles of civil, 224- 
 227. 
 
 Song, a new Federal, 547. 
 
 Speech, freedom of to be secured, 462. 
 
 "Squib," 507. 
 
 Squibs, Prophecy for 1789, 121-124; 
 tavern talk, 124-125; a street scene, 
 125-126; blessings of the new govern- 
 ment, 141, also 142; "A Turk," 
 159; "United States," 160; Humble 
 Address of the "Low Born," 173- 
 
 175- 
 
 State Governments, dangers to, dis- 
 cussed, 319; will be absorbed, 319; 
 will be unhinged, 321; will be rivals 
 of general government, 323 ; 
 will not make headway against gen- 
 eral government, 324; will lose 
 the love of the people, 325; dangers 
 to, will become boards of electors, 
 325 ; danger of, 465 ; existence of 
 secured, 468 ; taxation ruinous to, 
 477. 541-543; will be annihilated 
 by the general government, 588, 
 590, 609, 611, 613. 
 
 State House, the meeting at, 142- 
 143 ; speech of James Wilson, 143- 
 
 150- 
 
 State Rights, 10; Wilson on, 146-147 ; 
 Democratic Federalist on, 150-157, 
 171-172, 180, 187, 188, 189, 262, 263- 
 266, 267-271, 272, 284-287, 292-293, 
 296-297, 300-301, 301-303, 304, 305, 
 306, 315-320, 321, 322, 323, 324, 325, 
 343—344, 349, 396. 
 
 State Sovereignty in danger, 543. 
 
 States, authority of retained when not 
 expressly delegated, 463. 
 
 Sternhold and Hopkins' psalms, 507. 
 
 Sterrett, James, 498. 
 
 Stout, Abraham, member of the Pa. 
 Convention, sketch of, 753. 
 
 Sufifrage, the right of secure, 344-345- 
 
 Sweden, dispute regarding jury trial 
 in. 359. 360, 361, 364. 
 
 Swiss Cantons, compared to the 
 United States, 603. 
 
8o2 
 
 Index. 
 
 "Tar and Feathers," 127, 129-130; 
 reply to "Fair Play," 137-138; re- 
 plied to by "Fair Play," 139-140. 
 
 Taxation, Congressional power of, 
 260, 268-269, 274-275> 292, 327-328 ; 
 direct, 345, 388, 477, 478; no one 
 article reserved for the States, 466 ; 
 as it affects the people, 477 ; as it 
 affects the state government, 478; 
 "Centiuel" on, 570, 571, 581, 587, 
 601, 610. 
 
 Taxes, collection of, 78, 83, 99; other 
 than imposts to be reserved to the 
 states, 462 ; direct to be raised by 
 states and paid to Congress, 563; 
 burdensome in Pa., 688, 689. 
 
 Telfair, Edward, 526, 528. 
 
 Tender Laws of Pa., 685, 687. 
 
 Test Laws, 676, 685. 
 
 Todd, William, member of the Pa. 
 Convention, sketch of, 754. 
 
 "Tom Peep," 517-518. 
 
 Tories, support the Constitution, 674. 
 
 Treaties, of commerce could not be 
 made by the old Congress, 455; how 
 effected by laws of U. S. and Con- 
 stitutions of States, 463 ; objections 
 to the power of President and Sen- 
 ate in making, 476, 477 ; amend- 
 ment proposed regarding, 564. 
 
 Trials, capital and criminal, rights of 
 man in, 461. 
 
 "True Whig, A," on the minority of 
 Convention, 449. 
 
 Tucker, Dean, reply to, 127-129. 
 
 ''Turk, A," on the Constitution, 159; 
 replied to, 162-163. 
 
 "Uncle Toby," observations of, 503. 
 
 "Undeniable Facts," 520-521. 
 
 Union, State of the, as it appeared to 
 the Convention, 227-228. 
 
 "Unitarian, A," 505. 
 
 United States, condition of in 1787, 
 118, 575; after the peace, 228. 
 
 "Unite or Die," 226. 
 
 University of Pa., commencement of 
 attended by members of State Con- 
 vention, 214; takes no part in re- 
 joicing of ratification, 504. 
 
 Verses, on the new Constitution, 529. 
 
 Vessels, clause respecting to be ex- 
 plained, 563. 
 
 Veto, the President's, 333-335. 
 
 Vice-President, a dangerous officer, 
 
 350-351, 367-375- 
 Virginia, court house in fired by 
 
 debtors, 118; has bill of rights, 253. 
 Vote in the Pa. Convention on various 
 
 questions, 16 ; in the Assembly on 
 
 calling a Convention, 60; of State 
 Convention on going into committee 
 of whole, 234, 236; debate on enter- 
 ing reasons for yea and nay on 
 minutes, 238-248 ; on amendments, 
 424; on ratification, 425-426; of 
 Pa. Convention on ratification, 
 482 ; for the Convention, 504 ; for 
 delegates to Pa. Convention, 545 ; 
 number of ballots cast for Pa. Con- 
 vention, 460. 
 
 Warrants of Search, etc. , unsupported 
 by evidence, not to be granted, 462. 
 
 Washington, George, influence of his 
 name, in, 114, 117; eulogy of, 117; 
 to be President, 135; a fool, 159,160; 
 remarks on, 184-185; quoted, 195; 
 letter of, cited, 281; "Centinel's" 
 remarks regarding, 567; not infalli- 
 ble, 577; influence of, 627, 638. 
 
 Wayne, Gen. Anthony, 14; member 
 of Convention, speech of, 247 ; 
 member of the Pa. Convention, 
 sketch of, 754; Wilson's notes on 
 remarks of, 776. 
 
 "We, the People,'- 18, 249, 256, 268, 
 300-301, 341, 384; not "We the 
 States," 470. 
 
 "We the States," 18, 301. 
 
 Webster, Pelatiah, sketch of, 5; writ- 
 ings of, 6; remarks on the address 
 of the minority, 89 et seq. 
 
 Well Bom, 529; work of the, 574, 588, 
 594. 595, 625, 627, 672, 674, 675, 677. 
 
 Whitehill, John, mentioned, 21; mem- 
 ber of the Pa. Convention, sketch 
 of, 756. 
 
 Whitehill, Robert, opposes the motion 
 to call a Convention, 3, 2&, 32, 34; 
 defeated for Councilman, 6; speech 
 of, opposing the calling of a Con- 
 vention, 59; one of those chosen to 
 lead the delDate for the Antifederal- 
 ists, 16; arguments of, 18; evades 
 the Sergeant-at-Arms, 68, 79, 80, 81, 
 84, 87; mentioned, 234, 235; vote 
 of, 236; motion to allow members 
 to enter reason of vote on minutes, 
 238, 238-239, 239-240, 245-246, 246- 
 247, 248; on bill of rights, 256-263; 
 on State Sovereignty, 284-287; on 
 Vice-President, 350-351, 420; offers 
 amendments to Constitution, 421- 
 424, 426; criticised, 448; endeavors 
 to have a new Convention called, 
 552; member of the Pa. Convention, 
 sketch of, 756; Wilson's notes of his 
 remarks, 765-8, 771, 773, 776, 779, 
 781. 
 
Index. 
 
 803 
 
 Will, William, mentioned, 82. 
 
 Wilson, James, speech at State House, 
 9; nicknamed "James de Cale- 
 donia," II ; nominated for State 
 Convention, 12 ; leads the Federal- 
 ists in Convention, 16, 17, 18; 
 _^urned in eflagy at Carlisle, 23, 490; 
 speech at State House, 143-150; re- 
 ply to, 150-157 ; remarks on, 183- 
 184; member )of the Pa'. Convention, 
 212 ; speech' on tiie work of the 
 Federal Convention, 218-231 ; re- 
 port of, 217 note; discusses nature 
 of civil society, 224-227; civil liberty, 
 227 ; state of the Union, 227-228 ; 
 supreme power, 229-230; describes 
 the Constitution, 231 ; comment on 
 his speech, 233-234, 234-235; on 
 entermg protests on minutes of 
 Convention, 242-243, 245, 247-248 ; 
 speech on "Preamble," 249; on 
 omission of bill of rights, 252-254; 
 on state rights, 263-266; on number 
 of Representatives, 287-289 ; reply 
 to Fmdley, 301-310; report of 
 speech by I/loyd, 311-349; consid- 
 ers objections to, 313-333 ; merits 
 of, 340-349 ; defends the judiciary, 
 351-359; oa jury trial, 360, 361; 
 speech on objection, 380-412; speech 
 on amendments, 424; reply to, 452- 
 453 ; on extent of country to be 
 governed, 464, 505, 507 ; speech at 
 
 Epple's tavern, 518; "Centinel's" 
 criticism of his speech of Oct. 6, 
 579> 581, 583, 585, 590; on Ws 
 speech of Nov. 24, 608, 612, 631 ; 
 author of "Conciliator," 643; sar- 
 castically proposed for Chief justice, 
 643; mentioned, 652; see "James 
 the Caledonian," 682; member of 
 the Pa. Convention, sketch of, 757; 
 attacked at Carlisle, 488 ; his notes 
 of debate taken in the Pa. Con- 
 vention, 765. 
 
 Workman, author of letters of Phila- 
 delphiensis, 663. 
 
 Wynkoop, Gerardus, seconds the res- 
 olution calling the Pa. Convention, 
 28; urges the same, 32; moves that 
 the absent members of the Assem- 
 bly be sent for, 60, 62; on the time 
 of calling the Convention, 71; on 
 members absenting themselves from 
 the Assembly, 69, 71. 
 
 Wynkoop, Henry, moves considera- 
 tion of article two, 299; member of 
 the Pa. Convention, sketch of, 760. 
 
 Yardley, Thomas, member of the Pa. 
 Convention, sketch of, 760. 
 
 Yeates, Jasper, speech in Convention, 
 295-299, 426; member of the Pa., 
 sketch of, 761; WUson's notes of his 
 remarks, 769. 
 
 Znbly, Dr. J. J., 526.