THE DEBATE ON THE CONSTITUTION
PART TWO
THE DEBATE ON THE CONSTITUTION
Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle over
Ratification
PART TWO
_______________
DEBATES IN THE PRESS AND IN PRIVATE CORRESPONDENCE
January 14–August 9, 1788
DEBATES IN THE STATE RATIFYING CONVENTIONS
South Carolina, May 12–24, 1788
Virginia, June 2–27, 1788
New York, June 17–July 26, 1788
North Carolina, July 21–August 4, 1788
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BERNARD BAILYN
SELECTED THE CONTENTS AND WROTE
THE HEADINGS AND NOTES FOR THIS VOLUME
The Debate on the Constitution: Part Two
is kept in print
by a gift from
MR. & MRS. THOMAS W. SMITH
to the Guardians of American Letters Fund,
established by The Library of America
to ensure that every volume in the series
will be permanently available.
The publishers also express their appreciation to
John P. Kaminski and Gaspare J. Saladino, editors of
The Documentary History of the Ratification of the Constitution,
and the State Historical Society of Wisconsin, the publisher,
for editorial assistance, the use of archival materials, and
permission to reprint extensive excerpts.
Contents
DEBATES IN THE PRESS AND IN PRIVATE CORRESPONDENCE
January 14–August 9, 1788
Robert Yates and John Lansing, Jr., to Governor George Clinton, January 14, 1788
On the Likely Failure of Liberty: The Dissent of Two New York Delegates to the Philadelphia
Convention
Hugh Ledlie to John Lamb, January 15, 1788
“Beware, Beware, Beware, For I Apprehend a Dreadful Snare”
Nathaniel Barrell to George Thatcher, January 15, 1788
Will Congress Remain a Faithful Guardian?
Rawlins Lowndes and Edward Rutledge Debate in the South Carolina Legislature, January 16,
1788
Should One Experiment with Liberty, or Tamper with Slavery?
“Publius,” The Federalist XXXIX [James Madison], January 16, 1788
What Is a Republic? Can It Be Part National, Part Federal?
“An Old State Soldier” I, January 16, 1788
“To Complete the Designs of a War That Ended Many Years Before”
“Brutus” IX, January 17, 1788
The Dangers of a Standing Army
“Publius,” The Federalist XLI [James Madison], January 19, 1788
On the Powers of the National Government: An Analysis of Armies, Taxation, and the General
Welfare Clause
Henry Knox to John Sullivan, January 19, 1788
“Something Must Be Done Speedily”
“Americanus” [John Stevens, Jr.] VII, January 21, 1788
A Refutation of Governor Edmund Randolph’s Objections
“Publius,” The Federalist XLII [James Madison], January 22, 1788
On the Powers of the Federal Government: Relations with Foreign Nations, and Other
Provisions of Article I, Section 8
“Publius,” The Federalist XLIII [James Madison], January 23, 1788
Are Force and Right Necessarily on the Same Side?
“Centinel” [Samuel Bryan] XII, January 23, 1788
The Federalists’ Conspiracy Detected: “The Most Odious System of Tyranny That Was Ever
Projected... A Crime of the Blackest Dye”
“Brutus” X, January 24, 1788
“That Dangerous Engine of Despotism a Standing Army”
“Publius,” The Federalist XLIV [James Madison], January 25, 1788
Restraints on the States and a Defense of the “Necessary and Proper” and “Supreme Law”
Clauses
“Publius,” The Federalist XLV [James Madison], January 26, 1788
On the Preponderant Power of the States
On the New Constitution, January 28, 1788
“A Mere Disguise for Parliament and King”
“Publius,” The Federalist XLVI [James Madison], January 29, 1788
Federal Tyranny: “The Incoherent Dreams of a Delirious Jealousy”
David Ramsay to Benjamin Lincoln, January 29, 1788
“Federalism... Has Gained Great Ground”
John Williams to His Constituents, written January 29, 1788, published February 25, 1788
New York’s Advantage in the Present System: Low Taxes
“Publius,” The Federalist XLVII [James Madison], January 30, 1788
On the Separation of Powers: A Subject Misconceived and Misapplied
“Brutus” XI, January 31, 1788
The Supreme Court: They Will Mould the Government Into Almost Any Shape They Please
“Publius,” The Federalist XLVIII [James Madison], February 1, 1788
The Separation of Powers: On the Dangers of Legislative Usurpation
“Publius,” The Federalist XLIX [James Madison], February 2, 1788
On the Dangers of Too Frequent Conventions: Stirring the Public Passions and Attacking the
Timidity of Reason...
“Civis” [David Ramsay] to the Citizens of South Carolina, February 4, 1788
Advantages for the South
“Agrippa” [James Winthrop] XVIII, February 5, 1788
Amend the Articles of Confederation or Amend the Constitution? Fourteen Conditions for
Accepting the Constitution
“Publius,” The Federalist LI [James Madison], February 6, 1788
On the Safety of Multiple Interests: Ambition Will Counteract Ambition
“A. B.” [Francis Hopkinson], The Raising: A New Song for Federal Mechanics, February 6, 1788
“Brutus” XII, February 7 and 14, 1788
On the Power of the Supreme Court: Nothing Can Stand Before It
George Washington to the Marquis de Lafayette, February 7, 1788
Two Basic Reasons to Support the Constitution
“Publius,” The Federalist LII [James Madison], February 8, 1788
On the House of Representatives: Electoral Qualifications and Biennial Elections
“Publius,” The Federalist LIII [James Madison], February 9, 1788
On the Frequency of Elections
William Williams to the Printer, February 11, 1788
To Obtain Blessings from the Most High
“Publius,” The Federalist LIV [James Madison], February 12, 1788
Are Slaves Property or Persons?
“Publius,” The Federalist LV [James Madison], February 13, 1788
How Large Should the House of Representatives Be?
“Publius,” The Federalist LVI [James Madison], February 16, 1788
“The Sufficiency of a Moderate Number of Representatives”
“Publius,” The Federalist LVII [James Madison], February 19, 1788
Representatives and Their Constituencies: The Chords Which Bind
Harry Innes to John Brown, February 20, 1788
The Trans-Appalachian West: “We Shall Be the Mere Vassals of the Congress”
“Brutus” XIII, February 21, 1788
The Judicial Power: Can an Individual Sue a State?
Hugh Williamson’s Speech at Edenton, North Carolina, delivered November 8, 1787, printed
February 25, 26, 27, 1788
“General Bankruptcy and Loss of Honor... Rejoice in the Prospect of Better Times”
“Centinel” [Samuel Bryan] XVI, February 26, 1788
A Conspiracy Detected To Obliterate Debts Owed to the Public
Jeremiah Hill to George Thatcher, c. February 26, 1788
“Future Grandeur”
“A Deep Laid Scheme to Enslave Us... Invented in the Society of the Cincinnati,” February 27,
1788
“Publius,” The Federalist LXII [James Madison], February 27, 1788
The Senate Examined
“The Impartial Examiner” I, part 2, February 27, 1788
On the Diversity of Interests and the Dangers of Standing Armies and a Supreme Court
Benjamin Rush to Jeremy Belknap, February 28, 1788
A Hopeful Future
“Brutus” XIV, February 28 and March 6, 1788
The Supreme Court: The Danger of Appellate Jurisdiction...
Joseph Spencer to James Madison, Enclosing John Leland’s Objections, February 28, 1788
Ten Objections by a Leading Virginia Baptist
Rhode Island’s Assembly Refuses to Call a Convention and Submits the Constitution Directly to
the People, February 29 and March 1, 1788
The Freemen of Providence Submit Eight Reasons for Calling a Convention, March 26, 1788
“A Columbian Patriot” [Mercy Otis Warren], Observations on the Constitution, February 1788
The Gulph of Despotism Set Open”
“Giles Hickory” [Noah Webster] III, February 1788
Liberty Is Never Secured by Paper Declarations
“Publius,” The Federalist LXIII [James Madison], March 1, 1788
“The Necessity of a Well Constructed Senate”
“Publius,” The Federalist LXV [Alexander Hamilton], March 7, 1788
The Senate as the Court for Impeachments
John Page to Thomas Jefferson, March 7, 1788
Convincing the Voters
“Publius,” The Federalist LXVIII [Alexander Hamilton], March 12, 1788
The Electoral College Will Prevent “Cabal, Intrigue and Corruption” in Presidential
Elections
“Publius,” The Federalist LXIX [Alexander Hamilton], March 14, 1788
The Limits of Executive Power
“Publius,” The Federalist LXX [Alexander Hamilton], March 15, 1788
Executive Energy: Is It Necessary? Safe?
Comte de Moustier to Comte de Montmorin, March 16, 1788
On the Difficulty of Judging What the Outcome Will Be...355
“Publius,” The Federalist LXXI [Alexander Hamilton], March 18, 1788
On the Length of the President’s Term
“Publius,” The Federalist LXXII [Alexander Hamilton], March 19, 1788
Should the President Be Eligible for Reelection?
“A Freeman” to the Freeholders and Freemen of Rhode Island, March 20, 1788
The British and American Constitutions Contrasted
“Brutus” XV, March 20, 1788
The Supreme Court: “No Power Above Them That Can Controul Their Decisions, or Correct
Their Errors”
“Publius,” The Federalist LXXIV [Alexander Hamilton], March 25, 1788
The President’s Pardoning Power: To “Restore the Tranquility of the Commonwealth”
James Madison to Eliza House Trist, March 25, 1788
Madison’s First “Harangue... In the Open Air”
“Publius,” The Federalist LXXV [Alexander Hamilton], March 26, 1788
Why Both the President and the Senate Have Treaty-Making Power
“Publius,” The Federalist LXXVI [Alexander Hamilton], April 1, 1788
On Executive Appointments: Why the President and the Senate Together?
“Publius,” The Federalist LXXVII [Alexander Hamilton], April 2, 1788
Executive Powers: Energy and Safety Combined
“K.” [Benjamin Franklin] to the Editor, April 8, 1788
The Antifederalists Compared with the Ancient Jews as Rejectors of Divine Constitutions
“To Be or Not To Be? Is the Question,” April 16, 1788
“Fabius” [John Dickinson], “Observations on the Constitution Proposed by the Federal
Convention” III, April 17, 1788
Freedom and Society: On the Necessity of Sacrificing Separate Rights for the Good of All
“Plough Jogger,” April 17, 1788
Too Little Virtue for a Mild Government
Benjamin Rush to David Ramsay, April 19, 1788
Against Simple Democracies and Bills of Rights: Only Representation and Checks Can
Guarantee Liberty
George Washington to John Armstrong, April 25, 1788
On Amendments and the Value of a Formidable Oppositio.
“Fabius” [John Dickinson], “Observations on the Constitution Proposed by the Federal
Convention” VIII, April 29, 1788
On the Safety of an Extensive Republican Empire
A Grand Procession in Honor of Ratification, May 6, 1788
“The Most Interesting Scene Ever Exhibited in this Part of the World”
J. Hector St. John Crèvecoeur to Comte de la Luzerne, May 16, 1788
Dismal Prospects for the New Union
James Madison to George Nicholas, May 17, 1788
The Constitution and the Development of the American West
“An American” [Tench Coxe], May 21, 1788
Virginia’s Power Under the Constitution and the Dangers of Failing to Ratify: Advice from a
Respectful Countryman.
Richard Henry Lee to Edmund Pendleton, May 26, 1788
To Guarantee Essential Rights: A Scheme for Amending the Constitution
“Publius,” The Federalist LXXVIII [Alexander Hamilton], May 28, 1788
On the Independence of Judges and Judicial Review
“Publius,” The Federalist LXXX [Alexander Hamilton], May 28, 1788
On the Bounds and Jurisdiction of the Federal Courts
“Publius,” The Federalist LXXXI [Alexander Hamilton], May 28, 1788
On the Supposed Danger of the Supreme Court Legislating and Becoming “Uncontrolable and
Remediless”
“Publius,” The Federalist LXXXII [Alexander Hamilton], May 28, 1788
State and Federal Courts: Concurrent Jurisdictions?
“Publius,” The Federalist LXXXV [Alexander Hamilton], May 28, 1788
Some Final Thoughts
David Ramsay’s Oration at Charleston, South Carolina, delivered May 27, 1788, printed June 5,
1788
“Heaven Smiled on Their Deliberations, and Inspired Their Councils with a Spirit of
Conciliation”
Simeon Baldwin’s Oration at New Haven, July 4, 1788
“This Monument of Wisdom... the Foundation of a Glorious Empire”
“Phocion,” July 17, 1788
On the Economic Advantages of Union: Providence Will Be Another Antwerp, Newport Another
Brest
“Solon, Junior” [David Howell], August 9, 1788
The Spirit of the Times: Greater Than Laws and Constitutions
The Ratifications and Resolutions of Seven State Conventions, February 6—August 2, 1788
Principles Affirmed and Amendments Proposed
DEBATES IN THE STATE RATIFYING CONVENTIONS
South Carolina Ratifying Convention, May 12–24, 1788
Charles Cotesworth Pinckney Explains America’s Unique Structure of Freedom, May 14, 1788
Patrick Dollard Fears a Corrupt, Despotic Aristocracy
Virginia Ratifying Convention, June 2–27, 1788
Patrick Henry’s Opening Speech: A Wrong Step Now and the Republic Will Be Lost Forever, June
4, 1788
Governor Edmund Randolph Explains Why He Now Supports the Constitution with Amendments,
June 4, 1788
George Mason Fears for the Rights of the People, June 4, 1788
James Madison Replies to Patrick Henry, Defending the Taxing Power and Explaining Federalism,
June 6, 1788
Patrick Henry Replies to Governor Randolph, June 7, 1788
Henry Lee’s Sharp Reply to Patrick Henry’s Attacks on the Constitution, June 9, 1788
James Madison on Direct Taxation by the Federal Government, June 11, 1788
James Madison on Concurrent Taxation and the Future of the American West, June 12, 1788
Patrick Henry Elaborates His Main Objections, and James Madison Responds, June 12, 1788
James Monroe Questions James Madison on Congressional Control of Elections to the House and
Senate, June 14, 1788
Patrick Henry’s Objections to a National Army and James Madison’s Reply, June 16, 1788
Patrick Henry and James Madison Debate Constructive Rights and the Uses of the Militia, June 16,
1788
George Mason and James Madison Debate the Slave-Trade Clause, June 17, 1788
Governor Edmund Randolph on the “Necessary and Proper” Clause, Implied Powers, and Bills of
Rights, June 17, 1788
George Mason on the President: He Will Serve for Life and Be Corrupted by Foreign Powers, June
17, 1788
George Mason Fears the Power of the Federal Courts: What Will Be Left to the States? June 19,
1788
John Marshall on the Fairness and Jurisdiction of the Federal Courts, June 20, 1788
John Dawson’s Fears for the Future, June 24, 1788
Zachariah Johnston, “of the Middle Rank,” Favors Ratification Without Previous Amendments,
June 25, 1788
New York Ratifying Convention, June 17–July 26, 1788
Melancton Smith and Alexander Hamilton Debate Representation, Aristocracy, and Interests, June
21, 1788
Robert R. Livingston, Melancton Smith, and John Jay Debate Aristocracy, Representation, and
Corruption, June 23, 1788
Gilbert Livingston Warns Against Giving the Senate Power Too Profusely, June 24, 1788
Robert R. Livingston Replies to Gilbert Livingston’s “Dreamings of a Distempered Fancy,” June
24, 1788
Alexander Hamilton Defends the Senate: A Small, Independent, Discerning Body to Check the
Passions of the People, June 24, 1788
Melancton Smith and Alexander Hamilton Debate Rotation in the Senate, June 25, 1788
Melancton Smith Fears the Federal Taxing Power and the Capacity of Any Free Government to
Rule So Vast a Nation, June 27, 1788
Melancton Smith Writes to Nathan Dane, Reconsidering His Position on Ratification and
Amendments, June 28, 1788s
Alexander Hamilton Discusses Federal Taxation and Denies That His Views Are Influenced by
Personal Ambition, June 28, 1788
Robert R. Livingston Compares Antifederalists to “Children Making Bubbles with a Pipe,” July 1,
1788
Melancton Smith Mocks Robert R. Livingston’s “Comic Talents” and Replies to His
“Misrepresentation,” July 2, 1788
Nathan Dane Writes to Melancton Smith, Recommending That New York Unconditionally Ratify,
July 3, 1788
Melancton Smith Replies to Nathan Dane, Agreeing with His Arguments, c. July 15, 1788
Melancton Smith Speaks in Support of Ratification Without Condition, July 23, 1788
North Carolina, Ratifying Convention, July 21–August 4, 1788
Five Speakers Debate Congressional Control of Congressional Elections, July 25, 1788
The Debate on Congressional Elections Continued: Britain and America Contrasted, July 25, 1788
James Iredell on the Necessity for a Peacetime Army, July 26, 1788
James Iredell on the Presidency, Spies, the Pardoning Power, and Impeachment, July 28, 1788
Samuel Spencer Objects to the Powers of the Senate and Fears It Will Control the President, July
28, 1788
James Iredell on Impeachment: “It Must Be for an Error of the Heart, and Not of the Head,” July
28, 1788
Samuel Spencer and William R. Davie Debate the Need for a Bill of Eights and the Jurisdiction of
the Federal Courts, July 29, 1788
Andrew Bass Thinks the Constitution Is “Uncommonly Difficult, or Absolutely Unintelligible”;
Maclaine and Iredell Respond, July 29, 1788
James Iredell and Timothy Bloodworth Debate the Supremacy of the Constitution and of Federal
Law, July 29, 1788
Henry Abbot and James Iredell Debate the Ban on Religious Tests: Could Not the Pope Be
President? July 30, 1788
Rev. David Caldwell and Samuel Spencer Continue the Debate on Religious Toleration, July 30,
1788
James Iredell Urges Ratification, and a Vote Is Taken, July 30, 1788
APPENDIX
The Declaration of Independence
The Articles of Confederation
Letter from the Constitutional Convention to the President of Congress
Resolutions of the Convention Concerning the Ratification and Implementation of the Constitution
The Constitution
Biographical Notes
Chronology of Events 1774–1804
Notes on State Constitutions, 1776–90
Note on the Texts
Notes
Index
DEBATES IN THE PRESS AND IN PRIVATE
CORRESPONDENCE
January 14–August 9, 1788
ON THE LIKELY FAILURE OF LIBERTY: THE DISSENT OF TWO NEW YORK DELEGATES TO THE PHILADELPHIA
CONVENTION
Robert Yates and John Lansing, Jr., to Governor George Clinton
Daily Advertiser (New York), January 14, 1788
Albany, Dec. 21, 1787.
SIR, We do ourselves the honor to advise your Excellency, that, in pursuance of concurrent
resolutions of the Honorable Senate and Assembly, we have, together with Mr. Hamilton, attended the
Convention appointed for revising the articles of Confederation, and reporting amendments to the
same.
It is with the sincerest concern we observe, that in the prosecution of the important objects of our
mission, we have been reduced to the disagreeable alternative of either exceeding the powers
delegated to us, and giving our assent to measures which we conceived destructive of the political
happiness of the citizens of the United States; or opposing our opinion to that of a body of respectable
men, to whom those citizens had given the most unequivocal proofs of confidence. Thus
circumstanced, under these impressions, to have hesitated would have been to be culpable. We
therefore gave the principles of the Constitution, which has received the sanction of a majority of the
Convention, our decided and unreserved dissent; but we must candidly confess, that we should have
been equally opposed to any system, however modified, which had in object the consolidation of the
United States into one Government.
We beg leave briefly to state some cogent reasons which, among others, influenced us to decide
against a consolidation of the States. These are reducible into two heads.
First. The limited and well defined powers under which we acted, and which could not, on any
possible construction, embrace an idea of such magnitude as to assent to a general Constitution in
subversion of that of the State.
Secondly. A conviction of the impracticability of establishing a general Government, pervading
every part of the United States, and extending essential benefits to all.
Our powers were explicit, and confined to the sole and express purpose of revising the articles of
Confederation, and reporting such alterations and provisions therein, as should render the Federal
Constitution adequate to the exigencies of Government, and the preservation of the Union.
From these expressions, we were led to believe that a system of consolidated Government, could
not, in the remotest degree, have been in contemplation of the Legislature of this State, for that so
important a trust, as the adopting measures which tended to deprive the State Government of its most
essential rights of Sovereignty, and to place it in a dependent situation, could not have been confided,
by implication, and the circumstance, that the acts of the Convention were to receive a State
approbation, in the last resort, forcibly corroborated the opinion, that our powers could not involve the
subversion of a Constitution, which being immediately derived from the people, could only be
abolished by their express consent, and not by a Legislature, possessing authority vested in them for
its preservation. Nor could we suppose, that if it had been the intention of the Legislature to abrogate
the existing Confederation, they would, in such pointed terms, have directed the attention of their
delegates to the revision and amendment of it, in total exclusion of every other idea.
Reasoning in this manner, we were of opinion, that the leading feature of every amendment ought
to be the preservation of the individual States, in their uncontroled constitutional rights; and that, in
reserving these, a mode might have been devised, of granting to the Confederacy, the monies arising
from a general system of revenue, the power of regulating commerce, and enforcing the observance of
Foreign treaties, and other necessary matters of less moment.
Exclusive of our objections, originating from the want of power, we entertained an opinion that a
general Government, however guarded by declarations of rights or cautionary provisions, must
unavoidably, in a short time, be productive of the destruction of the civil liberty of such citizens who
could be effectually coerced by it; by reason of the extensive territory of the United States; the
dispersed situation of its inhabitants, and the insuperable difficulty of controling or counteracting the
views of a set of men (however unconstitutional and oppressive their acts might be) possessed of all
the powers of Government, and who, from their remoteness from their constituents, and necessary
permanency of office, could not be supposed to be uniformly actuated by an attention to their welfare
and happiness; that however wise and energetic the principles of the general Government might be,
the extremities of the United States could not be kept in due submission and obedience to its laws at
the distance of many hundred miles from the seat of Government; that if the general Legislature was
composed of so numerous a body of men as to represent the interest of all the inhabitants of the
United States in the usual and true ideas of representation, the expence of supporting it would become
intolerably burthensome, and that if a few only were invested with a power of legislation, the interests
of a great majority of the inhabitants of the United States must necessarily be unknown, or if known
even in the first stages of the operations of the new Government, unattended to.
These reasons were in our opinion conclusive against any system of consolidated Government: to
that recommended by the Convention we suppose most of them forcibly apply.
It is not our intention to pursue this subject further than merely to explain our conduct in the
discharge of the trust which the Honorable the Legislature reposed in us—interested however, as we
are in common with our fellow citizens in the result, we cannot forbear to declare that we have the
strongest apprehensions that a Government so organized as that recommended by the Convention,
cannot afford that security to equal and permanent liberty, which we wished to make an invariable
object of our pursuit.
We were not present at the completion of the New Constitution; but before we left the
Convention, its principles were so well established as to convince us that no alteration was to be
expected, to conform it to our ideas of expediency and safety. A persuasion that our further attendance
would be fruitless and unavailing, rendered us less solicitious to return.
We have thus explained our motives for opposing the adoption of the National Constitution,
which we conceived it our duty to communicate to your Excellency, to be submitted to the
consideration of the Hon. Legislature.
We have the Honor to be, with the greatest Respect, your Excellency’s most obedient and very
humble Servants,