Part 4

Section 2, of Article III. provides, among other things, that the trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the crime shall have been committed; but when not committed within any state, the trial shall be at such place or places, as Congress may by law have directed. It has been frequently asserted that the new constitution deprived the subject of the right of trial by jury; on what grounds such an assertion could be founded, is to me a mystery; for the constitution expressly says, that the trial shall be by jury, except in cases of impeachment. In our own state, if a civil officer is impeached he will not be tried by a jury, but by that branch of our legislature styled the senate. Tired, no doubt, with a repetition of arguments, upon parts of the constitution which did not appear quite plain till investigated and rightly construed, the anti-federalists have taken upon them to assert things which the proposed system does not afford them the least grounds for. Presumptuous, indeed, must they be in the highest degree, if they suppose any will be so blind as to listen to the most palpable falsehoods, uttered by them. Their conduct seems to evince, that they harbour sentiments similar to those of the Romish priests, in countries where the common people have scarcely any knowledge of things wherein their interests are insuperably connected, and imbibe their principles wholly from what the priests think proper to inform them. But such artifices will not avail to practice upon the inhabitants of America; for here, almost all have some knowledge of government, derived from their own study and experience; and very few are so stupidly ignorant as to believe all that is circulated by minions and miscreants.

Section 3, of article III. provides, that Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.—This section is truly republican in every sense of the expression, and is of itself fully adequate to proving that the members of the federal convention were actuated by principles the most liberal and free—this single section alone is sufficient to enroll their proceedings on the records of immortal fame.

Contrast this section with the laws of England, in regard to treason, and, notwithstanding the boasted rights of the subject in that isle, we shall find our own in this, as well as almost every other particular, far to exceed them.

Section 1, of article IV. says, full faith and credit shall be given in each state, to the publick acts, records and judicial proceedings of every other state. The benefit to be derived from such a regulation must be great, especially to those who are sometimes obliged to have recourse to law, for the settlement of their affairs.

Section 2, of article IV. provides, that the citizens of each state shall be intitled to all the privileges and immunities of citizens in the several states. This section must also be a source of much advantage to the inhabitants of the different states, who may have business to transact in various parts of the continent, as being equally intitled to the rights of citizenship in one as well as another.

They will find less difficulty in pursuing their various concerns than if it were otherwise.

In the same article, section 3, it is provided, That new states may be admitted into the Union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any states be formed by the sanction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of Congress. This section can be opposed by none who have the peace and happiness of the states at heart; for, by this section, the designs of those who wish to effect the disunion of the states, in order to get themselves established in posts of honour and profit, are entirely defeated. The majority of the citizens of Massachusetts, in particular, will see the good effects to be derived from such a regulation.

CASSIUS.

(_To be Continued._)

Cassius, XI.

The Massachusetts Gazette, (Number 394)

TUESDAY, DECEMBER 25, 1787.

For the Massachusetts Gazette.

TO THE INHABITANTS OF THIS STATE.

(_Concluded from our last._)

The 3d section, in article IV. also provides, that Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property of the United States; and nothing in this constitution shall be construed as a prejudice to the claims of the United States, or any particular state.

There is not, certainly, anything contained in the aforementioned clause, which can be opposed on reasonable grounds. It is certainly necessary that Congress should have power to make all needful rules and regulations respecting the concerns of the Union; and if they exceed what is necessary, their regulations will be of no effect; for whatever is done by them, which the constitution does not warrant, is null and void, and can be no more binding on the inhabitants of America, than the edicts of the grand signior of Turkey.

You will remember, my countrymen, that the words of the constitution are, “All Powers Herein Granted.”

Section 4, of article IV. says, The United States shall guarantee to every state in the Union a Republican Form of Government; and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.—At the perusal of this clause, anti-federalism must blush, and opposition hide its head. Could anything have more openly, or more plainly evinced to the world, the noble motives which influenced the conduct of the delegates of America, than the clause aforementioned? it provides, that a republican form of government shall be guaranteed to each state in the Union. The inhabitants of America are surely acquainted with the principles of republicanism, and will certainly demand the establishment of them, in their fullest extent.

The section just mentioned, secures to us the full enjoyment of every thing which freemen hold dear, and provides for protecting us against every thing which they can dread.

This article, my countrymen, is sufficient to convince you of the excellency of that constitution which the federal convention have formed; a constitution founded on the broad basis of liberty, and, should the citizens of America happily concur in adopting it, its pillars may be as fixed as the foundations of created nature.

Say, ye mighty cavillers, ye inconsistent opposers of the new plan of government, of what avail, to the thinking part of the community, do you suppose will be all your clamours about a bill of rights? Does not the abovementioned section provide for the establishment of a free government in all the states? and if that freedom is encroached upon, will not the constitution be violated? It certainly will; and its violators be hurled from the seat of power, and arraigned before a tribunal where impartial justice will no doubt preside, to answer for their high-handed crime.

Article V. of the new constitution, says, That Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution; or on the application of the legislatures of two-thirds of the states, shall call a convention for proposing amendments, which in either case shall be valid to all intents and purposes, as part of the constitution, when ratified by the legislatures of three-fourths of the states, or by conventions in three-fourths thereof; as one or the other modes of ratification may be proposed by Congress; provided that no amendments which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article, and that no state, without its consent, shall be deprived of its equal suffrage in the senate.—

On what grounds can the opposers to the new plan found their assertions that Congress will have it in their power to make what laws they please, and what alterations they think proper in the constitution, after the people have adopted it? The constitution expressly says, that any alterations in the constitution must be ratified by three-fourths of the states. The 5th article also provides, that the states may propose any alterations which they see fit, and that Congress shall take measures for having them carried into effect.

If this article does not clearly demonstrate that all power is in the hands of the people, then the language by which we convey our ideas, is shockingly inadequate to its intended purposes, and as little to be understood by us, as Hebrew to the most illiterate.

The 6th section provides, that this constitution, and the laws which shall be made in pursuance thereof, and all treaties made, or which shall be made, in pursuance thereof, 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.

This is the article, my countrymen, which knaves and blockheads have so often dressed up in false colours, and requested your attention to the construction of it. Adopt not a constitution, say they, which stipulates that the laws of Congress shall be the supreme law of the land—or, in other words, they request of you not to obey laws of your own making. This is the article which they say is so arbitrary and tyrannical, that unless you have a bill of rights to secure you, you are ruined forever.

But in the name of common sense I would ask, of what use would be a bill of rights, in the present case?... It can only be to resort to when it is supposed that Congress have infringed the unalienable rights of the people: but would it not be much easier to resort to the federal constitution, to see if therein power is given to Congress to make the law in question? If such power is not given, the law is in fact a nullity, and the people will not be bound thereby. For let it be remembered, that such laws, and such only, as are founded on this constitution, are to be the supreme law of the land;—and it would be absurd indeed, if the laws which are granted in the constitution, were not to be, without reserve, the supreme law of the land. To give Congress power to make laws for the Union, and then to say they should not have force throughout the Union, would be glaringly inconsistent:—Such an inconsistency, however, has hitherto been the evil which the whole continent have complained of, and which the new constitution is designed to remedy.—Let us reverse the proposition, and see how it will then stand.—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 their authority, shall not be the supreme law of the land—and the judges in the several states shall not be bound thereby.—This is exactly what the anti-federalists wish to be the case; this, and in this alone would they glory.—But, fellow citizens, you will discern the excellency of the aforementioned clause; you will perceive that it is calculated, wisely calculated, to support the dignity of this mighty empire, to restore publick and private credit, and national confidence.

Article IV. further provides, That 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 or affirmation, to support this constitution; but no religious test shall ever be required as a qualification to any office or publick trust under the United States.

Thus, my fellow-citizens, we see that our rulers are to be bound by the most sacred ties, to support our rights and liberties, to secure to us the full enjoyment of every privilege which we can wish for; they are bound by the constitution to guarantee to us a republican form of government in its fullest extent; and what is there more that we can wish for?

Thus the people of the United States, “in order to form a more perfect Union, establish justice, insure domestick tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity,” have appointed a federal convention to “ordain and establish,” with the concurrence of the people, a constitution for the United States of America. That federal convention have assembled together, and after a full investigation of the different concerns of the Union, have proposed a form of government, calculated to support, and transmit, inviolate, to the latest posterity, all the blessings of civil and religious liberty.

Citizens of Massachusetts! consider, O consider well, these important matters, and weigh them deliberately in the scale of reason! Consider at what a vast expense of toil, difficulty, treasure and blood, you have emancipated yourselves from the yoke of bondage, and established yourselves an independent people! Consider that those immortal characters, who first planned the event of the revolution, and with arms in their hands stepped forth in the glorious cause of human nature, have now devised a plan for supporting your freedom, and increasing your strength, your power and happiness.

Will you then, O my countrymen! listen to the mad dictates of men, who are aiming, by every artifice and falsehood, which the emissaries of hell can invent, to effect your total destruction and overthrow? who wish to ascend the chariot of anarchy, and ride triumphant over your smoking ruins, which they hope to effect, by their more than hellish arts: in your misery they hope to glory, and establish their own greatness “on their country’s ruin.”

If they can effect this, they will laugh at your calamity, and mock your misfortunes—the language of each brother in iniquity, when they meet, will be, “hail damn’d associates,” see our high success!

Think, O my countrymen! think, before it is too late!—The important moment approaches, when these states must, by the most wise of all conduct, forever establish their glory and happiness, on the firmest basis, by adopting the constitution, or by the most foolish and inconsistent of all conduct, in rejecting it, entail on themselves and on their posterity, endless infamy.

“There is a tide in the affairs of men, Which taken at the flood, leads on to fortune; Omitted, all the voyage of their life Is bound in shallowness.”——

If you embrace not the golden moment now before you, and refuse to receive that which only can establish the dignity of your towering Eagle, this and generations yet unborn, will curse, with an anathema, your dying fame, and breathe, with imprecations and just indignation, vengeance and insults on your sleeping ashes! But should you, on the contrary, with energy and vigour, push your fortune, and, with earnestness and gratitude, clasp to your arms this great blessing which Heaven has pointed to your view, posterity, made happy by your wisdom and exertions, will honour and revere your memories. Secure in their prosperity, they will weep for joy, that Heaven had given them—Fathers!

CASSIUS.

THE LETTERS OF AGRIPPA, ACCREDITED TO JAMES WINTHROP.

Printed In The Massachusetts Gazette, November, 1787-January, 1788.

Note.

The letters of Agrippa were the ablest anti-federal publications printed in Massachusetts, and showed especial ability in arguing the dangers and defects of a plan of government which was both so peculiarly needed, and so specially advantageous to the State of Massachusetts, that its adoption was only endangered by certain questions of local politics, which could not even enter into the discussion. They were noticed, or replied to, in the Massachusetts Gazette, Dec. 21, 1787, by “Charles James Fox;” Dec. 28, 1787, and Jan. 4, 1788, by “Kempis O’Flanagan,” Jan. 22, and 25, 1788, by “Junius,” and in the letters of Cassius, printed in this volume.

At the time of publication they were accredited to the pen of James Winthrop, of Cambridge, and he was repeatedly attacked as the author, without denying it; while his supposed authorship and general opposition to the Constitution contributed to defeat his election by Cambridge to the Massachusetts Convention for considering the proposed government, receiving only one vote in the whole town. On the contrary, the writer, in his tenth letter, states that the surmises as to the authorship are not correct, and in the Massachusetts Gazette of Dec. 21, 1787, the following appeared:

I feel myself _greatly hurt_ at the liberties lately taken by certain _scribblers_ with the characters of the _hon._ E. Gerry and James Winthrop, _esquire_, of Cambridge, two gentlemen, no less distinguished for their _honesty_, _patriotism_, and _extensive abilities_, than a Washington or a Franklin.

... In regard to J. Winthrop, _esquire_, (of said Cambridge) it has been insinuated, that that gentleman is the author of the pieces in the Massachusetts Gazette, signed Agrippa—but every one who can _boast the pleasure of his acquaintance_, must _know that insinuation_ is grounded on _falsehood_.

The heterogenous compound of nonsense and absurdity with which the compositions of _Agrippa_ are so replete, are certainly not the productions of a man so celebrated for his superior knowledge and _understanding_.

In short, Mr. Printer, I hope you and your brother typographers will be very careful how you are _guilty_ of _exposing_ such _exalted characters_ in future.

OCRICO.

Agrippa, I.

The Massachusetts Gazette, (Number 385)

FRIDAY, NOVEMBER 23, 1787.

For the Massachusetts Gazette.

TO THE PEOPLE.

Many inconveniences and difficulties in the new plan of government have been mentioned by different writers on that subject. Mr. Gerry has given the publick his objections against it, with a manly freedom.(16) The seceding members from the Pennsylvania Assembly also published theirs.(17) Various anonymous writers have mentioned reasons of great weight. Among the many objections have been stated the unlimited right of taxation—a standing army—an inadequate representation of the people—a right to destroy the constitution of the separate states, and all the barriers that have been set up in defence of liberty—the right to try causes between private persons in many cases without a jury; without trying in the vicinity of either party; and without any limitation of the value which is to be tried. To none of these or any other objections has any answer been given, but such as have acknowledged the truth of the objection while they insulted the objector. This conduct has much the appearance of trying to force a general sentiment upon the people.

The idea of promoting the happiness of the people by opposing all their habits of business, and by subverting the laws to which they are habituated, appears to me to be at least a mistaken proceeding. If to this we add the limitations of trade, restraints on its freedom, and the alteration of its course, and _transfer of the market_, all under the pretence of regulation for _federal purposes_, we shall not find any additional reason to be pleased with the plan.

It is now conceded on all sides that the laws relating to civil causes were never better executed than at present. It is confessed by a warm federalist in answer to Mr. Gerry’s sensible letter, that the courts are so arranged at present that no inconvenience is found, and that if the new plan takes place great difficulties may arise. With this confession before him, can any reasonable man doubt whether he shall exchange a system, found by experience to be convenient, for one that is in many respects inconvenient and dangerous? The expense of the new plan is terrifying, if there was no other objection. But they are multiplied. Let us consider that of the representation.

There is to be one representative for every thirty thousand people. Boston would nearly send one, but with regard to another there is hardly a county in the state which would have one. The representatives are to be chosen for two years. In this space, when it is considered that their residence is from two hundred to five hundred miles from their constituents, it is difficult to suppose that they will retain any great affection for the welfare of the people. They will have an army to support them, and may bid defiance to the clamours of their subjects. Should the people cry aloud the representative may avail himself of the right to alter the _time of election_ and postpone it for another year. In truth, the question before the people is, _whether they will have a limited government or an absolute one_!

It is a fact justified by the experience of all mankind from the earliest antiquity down to the present time, that freedom is necessary to industry. We accordingly find that in absolute governments, the people, be the climate what it may, are general [sic] lazy, cowardly, turbulent, and vicious to an extreme. On the other hand, in free countries are found in general, activity, industry, arts, courage, generosity, and all the manly virtues.

Can there be any doubt which to choose? He that Hesitates must be base indeed.

A favourite objection against a free government is drawn from the irregularities of the Greek and Roman republicks. But it is to be considered that war was the employment which they considered as most becoming freemen. Agriculture, arts, and most domestick employment were committed chiefly to slaves. But Carthage, the great commercial republick of antiquity, though resembling Rome in the form of its government, and her rival for power, retained her freedom longer than Rome, and was never disturbed by sedition during the long period of her duration. This is a striking proof that the fault of the Greek and Roman republicks was not owing to the form of their government, and that the spirit of commerce is the great bond of union among citizens. This furnishes employment for their activity, supplies their mutual wants, defends the rights of property, and producing reciprocal dependencies, renders the whole system harmonious and energetick. Our great object therefore ought to be to encourage this spirit. If we examine the present state of the world we shall find that most of the business is done in the freest states, and that industry decreases in proportion to the rigour of government.

AGRIPPA.

Agrippa, II.

The Massachusetts Gazette, (Number 386)

TUESDAY, NOVEMBER 27, 1787.

For the Massachusetts Gazette.

TO THE PEOPLE OF MASSACHUSETTS.