The Debate on the Constitution: Part Two
Contents
DEBATES IN THE PRESS
AND IN PRIVATE CORRESPONDENCE
January r4-August 9) r788
Robert Yates and John Lansing, Jr., to Governor George
Clinton, January 14, 1788
On the Likely Failure of Liberty: The Dissent of Two
New York Delegates to the Philadelphia Convention
Hugh Ledlie to John Lamb, January 15, 1788
"Beware, Beware) Beware, For I Apprehend a
Dreadful Snare)) . . . . . . . . . . . .
7
Nathaniel Barrell to George Thatcher, January 15, 1788
Will Congress Remain a Faithful Guardian? . . . . .
16
Rawlins Lowndes and Edward Rutledge Debate in the
South Carolina Legislature, January 16, 1788
Should One Experiment with Liberty, or Tamper
with Slavery? . . . . . . . . . . . . . . .
19
"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)) . . . . . . . . . . . . . . . . . .
26
33
"Brutus" IX, January 17, 1788
The Dangers of a Standing Anny .
40
"Publius," The Federalist XLI [James Madison],
January 19, 1788
On the Powers of the National Government: An Analysis
ofAnnies, Taxation, and the General Welfare Clause.
47
Henry Knox to John Sullivan, January 19, 1788
"Something Must Be Done Speedily)).
ix
57
X
THE DEBATE ON THE CONSTITUTION
"Americanus" [John Stevens, Jr.] VII, January 21, 1788
A Refutation of Governor Edmund Randolph)s Objections .
58
"Publius," The Federalist XLII [James Madison],
January 22, 1788
On the Powers of the Federal Government: Relations with
Forei._qn Nations, and Other Provisions ofArticle I,
Section 8. . . . . . . . . . . . . . . . . .
63
"Publius," The Federalist XLIII [James Madison],
January 23, 1788
Are Force and Right Necessarily on the Same Side?.
71
"Centinel" [Samuel BryanJ XII, January 23, 1788
The Federalists' Conspiracy Detected: "The Most Odious
System of Tyranny That Was Ever Projected. . A Crime
of the Blackest Dye" . . . . . . . . . . . . . . . . .
Sr
"Brutus" X, January 24, 1788
"That Dangerous Engine of Despotism a Standing Army''
86
"Publius," The Federalist XLIV [James Madison],
January 25, 1788
Restraints on the States and a Defense of the ''Necessary
and Proper" and "Supreme Law" Clauses . .
93
"Publius," The Federalist XLV [James Madison],
January 26, !788
On the Preponderant Power of the States .
IOI
On the New Constinition, January 28, 1788
"A Mere Disguise far Parliament and King"
107
"Publius," The Federalist XLVI [James Madison],
January 29, 1788
Federal Tyranny: "The Incoherent Dreams of
a Delirious Jealousy'' . . . . . . . . . .
109
David Ramsay to Benjamin Lincoln, January 29, 1788
"Federalism . . . Has Gained Great Ground". . . .
II7
John Williams to His Constituents, written January 29, 1788,
published February 25, 1788
New York's Advantage in the Present System: Low Ta.>:es . .
n9
CONTENTS
D
"Publius," The Federalist XL VII [James Madison J,
January 30, 1788
On the Separation of Powers: A Subject Misconceived
and Misapplied . . . . . . . . . . . . . . . .
121
"Brntus" XI, January 31, 1788
The Supreme Court: They Will Mould the Government Into
Almost Any Shape They Please . . . . . . . . .
129
"Publius," The Federalist XLVIII [James Madison],
Febrnary l, 1788
The Separation of Powers: On the Dangers of Legislative
Usurpation. . . . . . . . . . . . . . . . .
136
"Publius," The Federalist XLIX [James Madison],
Febrnary 2, 1788
On the Dangers of Too Frequent Conventions: Stirring the
Public Passions and Attacking the Timidity of Reason .
142
"Civis" [David Ramsay] to the Citizens of South Carolina,
Febrnary 4, 1788
Advantages for the South. . . . . . . . . . . . .
147
"Agrippa" [James Winthrop J XVIII, febrnary 5, 1788
Amend the Articles of Con.federation or Amend the
Constitution? Fourteen Conditions for Accepting the
Constitution . . . . . . . . . . . . . .
155
"Publius," The federalist LI [James Madison],
Febrnary 6, 1788
On the Safety of Multiple Interests: Ambition Will
Counteract Ambition . . . . . . . . . . . .
"A. B." [Francis Hopkinson], The Raising: A New Song for
Federal Mechanics, Februarv 6, 1788 . . . . . . . . . .
169
"Brutus" XII, February 7 and 14, 1788
On the Power of the Supreme Court: Nothing Can
Stand Before It. . . . . . . . . . . . . .
George Washington to the Marquis de Lafayette,
February 7, 1788
Two Basic Reasons to Support the Constitution. .
171
XU
THE DEBATE ON THE CONSTITUTION
"Publius," The Federalist Lii [James Madison],
February 8, 1788
On the House of Representatives: Electoral Qualifications
and Biennial Elections . . . . . . . . . . .
182
"Publius," The Federalist LIII [James Madison],
February 9, 1788
On the Frequency of Elections. . . . . . . . .
William Williams to the Printer, February n, 1788
To Obtain Blessings from the Most High . . . .
193
"Publius, "The Federalist LIV [James Madison],
February 12, 1788
Are Slaves Property or Persons? . . . . . . . .
196
"Publius," The Federalist LV [James Madison],
February 13, 1788
How Large Should the House of Representatives Be?
202
"Publius," The Federalist LVI [James Madison],
February 16, 1788
"The Sufficiency of a Moderate Number of
Representatives)) . . . . . . . . . . .
208
"Publius," The Federalist LVII [James Madison],
February 19, 1788
Representatives and Their Constituencies: The Chords
Which Bind . . . . . . . . . . . . . .
213
Harry Innes to John Brown, February 20, 1788
The Trans-Appalachian West: "We Shall Be the Mere
Vassals of the Congress)) . . . . . . . . . . . .
219
"Brutus" XIII, February 21, 1788
The Judicial Power: Can an Individual Sue a State? .
222
Hugh Williamson's Speech at Edenton, North Carolina,
delivered November 8, r787, printed
February 25, 26, 27, 1788
"General Bankruptcy and Loss of Honor . . . Rejoice in the
Prospect of Better Times)). . . . . . . . . . .
227
"Centinel" [Samuel Bryan] XVI, February 26, 1788
A Conspiracy Detected To Obliterate Debts Owed to
the Public . . . . . . . . . . . . . . . . .
237
nu
CONTENTS
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 . . . . .
241
243
"Publius," The Federalist LXII [James Madison],
February 27, 1788
The Senate Examined . . . . . . . . . . . .
244
"The Impartial Examiner" I, part 2, February 27, 1788
On the Diversity of Interests and the Dangers of Standing
Armies and a Supreme Court. . . . . . . . . .
251
Benjamin Rush to Jeremy Belknap, February 28, 1788
A Hopeful Future. . . . . . . . . . . . . . . .
256
"Brutus" XIV, February 28 and March 6, 1788
The Supreme Court: The Danger ofAppellate Jurisdiction.
258
Joseph Spencer to James Madison, Enclosing John Leland's
Objections, February 28, 1788
Ten Objections by a Leading Vit;_qinia Baptist . . . . .
267
Rhode Island's Assembly Refuses to Call a Convention
and Submits the Constitution Directly to the People,
February 29 and March l, 1788. . . . . . . . . . .
270
The Freemen of Providence Submit Eight Reasons
for Calling a Convention, March 26, 1788 . . .
276
"A Columbian Patriot" [Mercy Otis Warren], Observations
on the Constitution, February 1788
"The Gulph of Despotism Set Open)) . . . . . . .
284
"Giles Hickory" [Noah Webster] III, February 1788
Liberty Is Never Secured by Paper Declarations . .
304
"Publius," The Federalist LXIII [Jan1es Madison],
March r, 1788
"The Necessity of a Well Constructed Senate,, . . .
316
"Publius," The Federalist LXV [Alexander Hamilton],
March 7, 1788
The Senate as the Court for Impeachments . . . . . .
325
XIV
THE DEBATE ON THE CONSTITUTION
John Page to Thomas Jefferson, March
7, 1788
Convincing the Voters . . . . . . . . . . .
331
"Publius," The Federalist LXVIII [Alexander Hamilton],
March 12, 1788
The Electoral College Will Prevent "Cabal, Intrigue and
Corruption)) in Presidential Elections. . . . . . . .
333
"Publius," The Federalist LXIX [Alexander Hamilton],
March 1+, 1788
The Limits ofExecutive Power. . . . . . . . . . . .
338
"Publius," The Federalist LXX [Alexander Hamilton],
March 15, 1788
Executive Ene1'._lf.V.' Is It Necessary? Safe? . . .
3+6
Comte de Moustier to Comte de Montmorin,
March 16, 1788
On the Difficulty ofJudging What the Outcome Will Be
355
"Publius," The Federalist LXXI [Alexander Hamilton],
March 18, 1788
On the Length of the President,s Term . . . . . . . .
357
"Publius," The Federalist LXXII [Alexander Hamilton],
March 19, 1788
Should the President Be Eligible far Reelection? .
362
"A Freeman" to the Freeholders and Freemen of
Rhode Island, March 20, 1788
The British and American Constitutions Contrasted
"Brutus" XV, March
368
20, 1788
The Supreme Court: "No Power Above Them That Can
Controul Their Decisions, or Correct Their Errors)). .
372
"Publius,'' The Federalist LXXIV [Alexander Hamilton],
March 25, 1788
The President,s Pardoning Power: To "Restore the Tranquility
of the Commonwealth)). . . . . . . . . . . . .
James Madison to Eliza House Trist, March
379
25, 1788
Madison,s First "Harangue . .. In the Open Air)) .
382
CONTENTS
XV
"Publius," The Federalist LXXV [Alexander Hamilton],
March 26, 1788
Why Both the President and the Senate Have
Treaty-Making Power . . . . . . . . . . . . . . .
383
"Publius," The Federalist LXXVI [Alexander Hamilton],
April l, 1788
On Executive Appointments: Why the President and the
Senate Together? . . . . . . . . . . . . . . . .
389
"Publius," The Federalist LXXVII [Alexander Hamilton],
April 2, 1788
Executive Powers: Energy and Safety Combined . . .
395
"K." [Benjamin Franklin] to the Editor, April 8, 1788
The Antifederalists Compared with the Ancient Jews as
Rejectors ofDivine Constitutions . . . . . . . . .
401
"To Be or Not To Be? Is the Question,'' April 16, 1788 .
406
"Fabius" [John Dickinson], "Observations on the
Constitution Proposed by the Federal Convention" III,
April 17, 1788
Freedom and Society: On the Necessity of Sacrificing Separate
Rights for the Good ofAll . . . . . . . . . . . . . .
408
"Plough Jogger,'' April 17, 1788
Too Little Virtue for a Mild Government .
Benjamin Rush to David Ramsay, April 19, 1788
Against Simple Democracies and Bills of Rights: Only
Representation and Checks Can Guarantee Liberty
417
George Washington to John Armstrong, April 25, 1788
On Amendments and the Value of a Formidable Opposition .
420
"Fabius" [John Dickinson], "Observations on the
Constitution Proposed by the Federal Convention" VIII,
April 29, 1788
On the Safety of an Extensive Republican Empire . . . . .
424
A Grand Procession in Honor of Ratification, May 6, 1788
"The Most Interesting Scene Ever Exhibited in this
Part of the World)) . . . . . . . . . . . . . . . . .
430
XVI
THE DEBATE ON THE CONSTITUTION
J. Hector St. John Crevecoeur to Comte de la Luzerne,
May 16, 1788
Dismal Prospects for the Neiv Union . . . . . .
439
James Madison to George Nicholas, May 17, 1788
The Constitution and the Development of the
American West . . . . . . . . . . . .
443
"An American" [Tench Coxe J, May 21, 1788
Vit;ginia's Poiver Under the Constitution and the Dangers of
Failing to RatifY: Advice from a Respectful Countryman .
451
Richard Henry Lee to Edmund Pendleton, May 26, 1788
To Guarantee Essential Rights: A Scheme for Amending the
Constitution . . . . . . . . . . . . . . . . . . . .
+62
"Publius," The Federalist LXXVIII [Alexander Hamilton],
May 28, 1788
On the Independence ofJudges and Judicial Revieiv. . .
4-67
"Publius," The Federalist LXXX [Alexander Hamilton],
May 28, 1788
On the Bounds and Jurisdiction of the Federal Courts .
476
"Publius," The Federalist LXXXI [Alexander Hamilton],
May 28, 1788
On the Supposed Danger of the Supreme Court Legislating
and Becoming «Uncontrolable and Remediless'' . . . .
+83
"Publius," The Federalist LXXXII [Alexander Hamilton J,
May 28, 1788
State and Federal Courts: Concurrent Jurisdictions? . . .
4-93
"Publius," The Federalist L:XXXV [Alexander Hamilton],
May 28, 1788
Some Final Thoughts . . . . . . . . . . . . . . . .
4-98
David Ramsay's Oration at Charleston, South Carolina,
delivered May 27, 1788, printed June 5, 1788
«Heaven Smiled on Their Deliberations, and Inspired Their
Councils ivith a Spirit of Conciliation)) . . . . . . .
506
Simeon Baldwin's Oration at New Haven, July 4-, 1788
«This Monument of Wisdom . .. the Foundation of a
Glorious Empire)) . . . . . . . . . . . . . . . .
514-
CONTENTS
XVU
"Phocion," July 17, 1788
On the Economic Advantages of Union: Providence Will Be
Another Antwerp, Newport Another Brest . . . . . . .
526
"Solon, Junior" [David Howell], August 9, 1788
The Spirit of the Times: Greater Than Laws and
Constitutions . . . . . . . . . . . . . . .
533
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 . . . . . . .
577
Patrick Dollard Fears a Corrupt, Despotic Aristocracy . .
592
Virginia Ratifying Convention, June 2-27,
1788
Patrick Henry's Opening Speech: A Wrong Step Now and
the Republic Will Be Lost Forever, June 4, 1788. . .
595
Governor Edmund Randolph Explains Why He Now
Supports the Constitution with Amendments,
June 4, 1788 . . . . . . . . . . . . . . . .
598
George Mason Fears for the Rights of the People,
June 4, 1788 . . . . . . . . . . . . . . . .
605
James Madison Replies to Patrick Henry, Defending the
Taxing Power and Explaining Federalism, June 6, 1788 .
6n
Patrick Henry Replies to Governor Randolph, June 7, 1788 .
623
Henry Lee's Sharp Reply to Patrick Henry's Attacks
on the Constitution, June 9, 1788 . . . . . .
637
James Madison on Direct Taxation by the Federal
Government, June n, 1788 . . . . . . . . . .
649
XVlll
THE DEBATE ON THE CONSTITUTION
James Madison on Concurrent Taxation and the future of
the American West, June r2, 1788. . . . . . . . . .
664
Patrick Henry Elaborates His Main Objections, and James
Madison Responds, June 12, 1788 . . . . . . . . .
673
James Monroe Questions James Madison on Congressional
Control of Elections to the House and Senate,
June 14, 1788 . . . . . . . . . . . . . . . . . . .
693
Patrick Henry's Objections to a National Army and James
Madison's Reply, June 16, 1788. . . . . . . . . .
695
Patrick Henry and James Madison Debate Constructive
Rights and the Uses of the Militia, June 16, 1788 .
701
George Mason and James Madison Debate the Slave-Trade
Clause, June 17, 1788 . . . . . . . . . . . . .
706
Governor Edmund Randolph on the "Necessary and
Proper" Clause, Implied Powers, and Bills of Rights,
June 17, 1788 . . . . . . . . . . . . . . . . . . .
709
George Mason on the President: He Will Serve for Life and
Be Corrupted by Foreign Powers, June 17, 1788 . . . . .
718
George Mason Fears the Power of the Federal Courts: What
Will Be Left to the States~ June 19, 1788 . . . .
720
John Marshall on the fairness and Jurisdiction of the
Federal Courts, June 20, 1788 . . . . . . . .
730
John Dawson's Fears for the Future, June 24, 1788 .
742
Zachariah Johnston, "of the Middle Rank," Favors
Ratification Without Previous Amendments,
June 25, 1788 . . . . . . . . . . . . . . . .
751
New York RatiJYing Convention, June 17-July 26,
r788
Melancton Smith and Alexander Hamilton Debate
Representation, Aristocracy, and Interests,
June 21, 1788 . . . . . . . . . . . . . . . .
757
Robert R. Livingston, Melancton Smith, and John Jay
Debate Aristocracy, Representation, and Corruption,
June 23, 1788 . . . . . . . . . . . . . . . . . . .
776
CONTENTS
XlX
Gilbert Livingston Warns Against Giving the Senate Power
Too Profusely, June 24, 1788. . . . . . . . . . . .
789
Robert R. Livingston Replies to Gilbert Livingston's
"Dreamings of a Distempered Fancy," June 24, 1788 .
792
Alexander Hamilton Defends the Senate: A Small,
Independent, Discerning Body to Check the Passions
of the People, June 24, 1788 . . . . . . . . . . . .
795
Melancton Smith and Alexander Hamilton Debate Rotation
in the Senate, June 25, 1788 . . . . . . . . . . . .
803
Melancton Smith Fears the Federal Taxing Power and the
Capacity of Any Free Government to Rule So Vast a
Nation, June 27, 1788 . . . . . . . . . . . . . . .
816
Melancton Smith Writes to Nathan Dane, Reconsidering His
Position on Ratification and Amendments, June 28, 1788
822
Alexander Hamilton Discusses Federal Taxation and Denies
That His Views Arc Influenced by Personal Ambition,
June 28, 1788 . . . . . . . . . . . . . . . . . . . .
824
Robert R. Livingston Compares Antifedcralists to "Children
Making Bubbles with a Pipe," July l, 1788 . . . . .
836
Melancton Smith Mocks Robert R. Livingston's "Comic
Talents" and Replies to His "Misrepresentation,"
July 2, 1788 . . . . . . . . . . . . . . . . . . .
841
Nathan Dane Writes to Melancton Smith, Recommending
That New York Unconditionally Ratif)', July 3, 1788 .
844
Melancton Smith Replies to Nathan Dane, Agreeing with
His Arguments, c. July 15, 1788 . . . . . . . . . .
851
Melancton Smith Speaks in Support of Ratification Without
Condition, July 23, 1788 . . . . . . . . . . . . . . . .
852
North Carolina RatifYing Convention, July 21-August 4, 1788
Five Speakers Debate Congressional Control of
Congressional Elections, July 25, 1788. . . . . . . . .
854
The Debate on Congressional Elections Continued: Britain
and America Contrasted, July 25, 1788 . . . . . . . .
861
XX
THE DEBATE ON THE CONSTITUTION
James Iredell on the Necessity for a Peacetime Army,
July 26, 1788 . . . . . . . . . . . . . . . . .
864
James Iredell on the Presidency, Spies, the Pardoning Power,
and Impeachment, July 28, 1788 . . . . . . . . . .
870
Samuel Spencer Objects to the Powers of the Senate and
Fears It Will Control the President, July 28, 1788 . .
879
James Iredell on Impeaclunent: "It Must Be for an Error of
the Heart, and Not of the Head," July 28, 1788 . . . .
882
Samuel Spencer and William R. Davie Debate the Need for a
Bill of Rights and the Jurisdiction of the Federal Courts,
July 29, 1788 . . . . . . . . . . . . . . . . . . .
888
Andrew Bass Thinks the Constitution Is "Uncommonly
Difficult, or Absolutely Unintelligible"; Maclaine and
Iredell Respond, July 29, 1788 . . . . . . . . . . .
897
James Iredell and Timothy Bloodworth Debate the
Supremacy of the Constitution and of Federal Law,
July 29, 1788 . . . . . . . . . . . . . . . . . . .
899
Henrv Abbot and James Iredell Debate the Ban on Religious
Tests: Could Not the Pope Be President? July 30, 1788 .
902
Rev. David Caldwell and Samuel Spencer Continue the
Debate on Religious Toleration, July 30, 1788 . .
908
James Iredell Urges Ratification, and a Vote Is Taken,
July 30, 1788 . . . . . . . . . . . . . . . . .
910
APPENDIX
The Declaration of Independence
921
The Articles of Confederation . .
926
Letter from the Constiu1tional Convention
to the President of Congress . . . . .
937
Resolutions of the Convention Concerning the Ratification
and Implementation of the Constitution
939
The Constitution. . . . . . . . . . . . . . .
940
CONTENTS
XX!
Biographical Notes. . . .
967
Chronology of Events 1714-1804
1025
Notes on State Constitutions, 1776--90 .
ro87
Note on the Texts
ro93
Notes
nos
Index
n59