Chapter 28

In October, 1787, Governor Edmund Randolph, delegate to the Federal Convention from Virginia, addressed to the Speaker of the House of Delegates a letter on the Federal Constitution. This was published in December, 1787, in both _The Virginia Gazette_ and _The Virginia Independent Chronicle_, as well as in pamphlet form at the time, and recently in Ford’s _Pamphlets on the Constitution_. Randolph had declined to give his assent to the Constitution in the Convention, but had so far altered his views in the intervening period as to make his letter on the whole an argument in favor of rather than against its adoption. Uncertain in exactly what light to regard his utterances, it was one of the few writings of the time which did not receive replies from one party or the other.

The essay of “A Plain Dealer” is the only notice I have found of this letter, and deals rather more with the inconsistencies of Randolph’s views, than with the arguments advanced in the letter. Of the author, Randolph himself gives us a clue in his letter to Madison, of February 29, 1788, where he writes:

A writer calling himself Plain Dealer, who is bitter in principle _vs._ the Constitution, has attacked me in the paper. I suspect the author to be Mr. Spencer Roane; and the importunities of some to me in public and private are designed to throw me unequivocally and without condition into the opposition.

A Plain Dealer.

The Virginia Independent Chronicle, (Number 82)

WEDNESDAY, FEBRUARY 13, 1788.

_Mans parturiens et ecce nascitur mus._

After a long and general expectancy of some dissertation on the subject of the proposed Federal Constitution, worthy the first magistrate of the respectable state of Virginia, a letter of his Excellency Governor Randolph, of Oct. 10, 1787, is at length presented to the public. Previous to the appearance of this letter, various opinions were prevailing in different parts of this country respecting that gentleman’s _real_ opinion on the subject of the said Constitution; and it became difficult for many to conjecture how his Excellency would devise a middle course, so as to catch the spirit of all his countrymen, and to reconcile himself to all parties. It was not known to me, at least, that his Excellency felt an “unwillingness to disturb the harmony of the legislature” on this important subject; nor could I conceive that the sentiments of even the ablest man among us could “excite a contest unfavorable” to the fairest discussion of the question. On the other hand, I thought it right that the adversaries of the Constitution, as well as its framers, should candidly avow their real sentiments as early and decidedly as possible, for the information of those who are to determine. It is true, his Excellency was prevented declaring his opinion sooner, “by motives of delicacy arising from two questions depending before the General Assembly, one respecting the Constitution, the other respecting himself;” but I am of opinion that during the pendency of a question concerning the Constitution, every information on that subject is most properly to be adduced; and I did not know that the being or not being Governor of Virginia, (an office in a great degree nominal) was sufficient to deter a real patriot from speaking the warning voice of opposition, in behalf of the liberties of his country.

The letter above-mentioned can derive no aid from panegyric, as to the brilliancy and elegance of its stile, for unlike the threadbare discourses of other statesmen on the dry subject of government, it amuses us with a number of fine words. But how shall I express my dislike of the ultimatum of his Excellency’s letter, wherein he declares “that if after our best efforts for amendments, they cannot be obtained, he will adopt the Constitution as it is.” How is this declaration reconcilable to a former opinion of his Excellency’s, expressed to the Honorable Richard Henry Lee, and repeated by the latter gentleman in his letter,(62) as printed in the public papers, “that either a monarchy or an aristocracy will be generated from the proposed Constitution.” Good God! how can the first Magistrate and Father of a free republican government, after a feeble parade of opposition, and before his desired plan of amendments has been determined upon, declare that he will accept a Constitution which is to beget a monarchy or an aristocracy? How can such a determination be reconcilable to the feelings of Virginia, and to the principles which have prevailed in almost every legislature of the union, who looked no farther than the amendment of our present republican confederation? I have charity to believe that the respectable characters who signed this Constitution did so, thinking that neither a monarchy nor an aristocracy would ensue, but that they should thereby preserve and ameliorate the republic of America; but never until now, that his Excellency has let the cat out of the bag, did I suppose that any member of the Convention, at least from the republican state of Virginia, would accept a Constitution, whereby the republic of his constituents is to be sacrificed in its infancy, and before it has had a fair trial. But his Excellency will adopt this Constitution, “BECAUSE HE WOULD REGULATE HIMSELF BY THE SPIRIT OF AMERICA.” But is his Excellency a prophet as well as a politician—can he foretell future events? How else can he at this time discover what the spirit of America is? But admitting his infallibility for a moment, how far will his principle carry him?—why, that if the dominion of Shays, instead of that of the new Constitution, should be generally accepted, and become the spirit of America, his Excellency, too, would turn Shayite!—and yet this question of the Constitution, is “ONE ON WHICH THE FATE OF THOUSANDS YET UNBORN DEPENDS.” It is his Excellency’s opinion, as expressed in the aforesaid letter, that the powers which are acknowledged necessary for supporting the Union, cannot safely be entrusted to our Congress as at present constituted; and his vain objection is “that the representation of the states bears no proportion to their importance.” This is literally true; but is equally true of the Senate of the proposed Constitution, which is to be an essential part of the legislature; and yet his Excellency will accept the latter, and not agree to invest the necessary powers in the former, although the above objection equally applies to both. Nay, I am inclined to believe that the injurious consequences of this unequal representation will operate more strongly under the new government—for under the present confederation the members of Congress are removable at the pleasure of their constituents;—whereas under the proposed Constitution, the only method of removing a wicked, unskilful or treacherous senator, will be by impeachment before the senate itself, of which he is a member.

These, Mr. Printer, are some of the inconsistencies which even a slight observation of the above letter will suggest. It is not my purpose to oppose now, or to investigate, the merits of the Constitution. This I leave to abler pens, and to the common sense of my countrymen. The science of government is _in itself_ simple and plain; and if in the history of mankind no perfect government can be found, let it be attributed to the chicane, perfidy and ambition of those who fabricate them; and who are more or less, in common with all mankind, infected with a lust of power. It is, however, certainly not consistent with sound sense to accept a Constitution, knowing it to be imperfect; and his Excellency acknowledges the proposed one to have radical objections. A Constitution ought to be like Cæsar’s wife, not only good, but unsuspected, since it is the highest compact which men are capable of forming, and involves the dearest rights of life, liberty and property. I fear his Excellency has done no service to his favorite scheme of amendments (and he too seems to be of the same opinion) by his very candid declaration at the end of his letter. Subtlety and chicane in politics, are equally odious and dishonorable; but when it is considered that the present is not the golden age—the epoch of virtue, candor and integrity—that the views of ambitious and designing men are continually working to their own aggrandizement and to the overthrow of liberty, and that the discordant interests of thirteen different commonwealths are to be reconciled and promoted by one general government; common reason will teach us that the utmost caution, secrecy, and political sagacity is requisite to secure to each the important blessings of a good government.

I shall now take my leave of his Excellency and the above-mentioned letter, declaring my highest veneration for his character and abilities; and it can be no impeachment of the talents of any man who has not served a regular apprenticeship to politics, to say, that his opinions on an intricate political question are erroneous. For if, as the celebrated Dr. Blackstone observes, “in every art, occupation, or science, commercial or mechanical, some method of instruction or apprenticeship is held necessary, how much more requisite will such apprenticeship be found to be, in the science of government, the noblest and most difficult of any!”

A PLAIN DEALER.

REMARKS ON THE NEW PLAN OF GOVERNMENT, BY HUGH WILLIAMSON.

Printed In The State Gazette Of North Carolina. 1788.

Note.

No file of the _State Gazette of North Carolina_ is now known to exist, so the date of publication of this essay is in doubt. It is printed from a clipping from that paper, preserved by Williamson himself, which is in the library of the New York Historical Society. A note states that:

“The following remarks on the new Plan of Government are handed us as the substance of Dr. Williamson’s Address to the freemen of Edenton and the County of Chowan when assembled to instruct their representatives.”

Remarks.

State Gazette Of North Carolina.

Though I am conscious that a subject of the greatest magnitude must suffer in the hands of such an advocate, I cannot refuse, at the request of my fellow-citizens, to make some observations on the new plan of government.

It seems to be generally admitted, that the system of government which has been proposed by the late convention, is well calculated to relieve us from many of the grievances under which we have been laboring. If I might express my particular sentiments on this subject, I should describe it as more free and more perfect than any form of government that has ever been adopted by any nation; but I would not say it has no faults. Imperfection is inseparable from every device. Several objections were made to this system by two or three very respectable characters in the convention, which have been the subject of much conversation; and other objections, by citizens of this state, have lately reached our ears. It is proper you should consider of these objections. They are of two kinds; they respect the things that are in the system, and the things that are not in it. We are told that there should have been a section for securing the trial by Jury in civil cases, and the liberty of the press: that there should also have been a declaration of rights. In the new system, it is provided, that “_the trial of all crimes_, except in cases of impeachment, _shall be by jury_” but this provision could not possibly be extended to all _civil_ cases. For it is well known that the trial by jury is not general and uniform throughout the United States, either in cases of admiralty or of chancery; hence it becomes necessary to submit the question to the general Legislature, who might accommodate their laws on this occasion to the desires and habits of the nation. Surely there is no prohibition in a case that is untouched.

We have been told that the liberty of the press is not secured by the new Constitution. Be pleased to examine the Plan, and you will find that the liberty of the press and the laws of Mahomet are equally affected by it. The new government is to have the power of protecting literary property; the very power which you have by a special act delegated to the present congress. There was a time in England, when neither book, pamphlet, nor paper could be published without a license from government. That restraint was finally removed in the year 1694: and, by such removal, their press became perfectly free, for it is not under the restraint of any license. Certainly the new government can have no power to impose restraints. The citizens of the United States have no more occasion for a second declaration of rights, than they have for a section in favour of the press. Their rights, in the several states, have long since been explained and secured by particular declarations, which make a part of their several constitutions. It is granted, and perfectly understood, that under the government of the assemblies of the states, and under the government of the congress, every right is reserved to the individual which he has not expressly delegated to this, or that legislature. The other objections that have been made to the new plan of government, are: That it absorbs the powers of the several states; that the national judiciary is too extensive; that a standing army is permitted; that congress is allowed to regulate trade; that the several states are prevented from taxing exports for their own benefit.

When Gentlemen are pleased to complain, that little power is left in the hands of the separate states, they should be advised to cast an eye upon the large code of laws, which have passed in this state since the peace. Let them consider how few of those laws have been framed for the general benefit of the nation. Nine out of ten of them are domestic; calculated for the sole use of this state or of particular citizens. There must still be use for such laws, though you should enable the congress to collect a revenue for national purposes; and the collection of that revenue includes the chief of the new powers, which are now to be committed to the congress.

Hitherto you have delegated certain powers to the Congress, and other powers to the Assemblies of the states. The portion that you have delegated to Congress, is found to have been useless, because it is too small: and the powers that are committed to the Assemblies of the several states are also found to be absolutely ineffectual for national purposes, because they can never be so managed as to operate in concert. Of what use is that small portion of reserve powers? It neither makes you respectable nor powerful. The consequence of such reservation is national contempt abroad, and a state of dangerous weakness at home. What avails the claim of power, which appears to be nothing better than the empty whistling of a name? The Congress will be chosen by yourselves, as your members of Assembly are. They will be creatures of your hands, and subject to your advice. Protected and cherished by the small addition of power which you shall put into their hands, you may become a great and respectable nation.

It is complained that the powers of the national judiciary are too extensive. This objection appears to have the greatest weight in the eyes of gentlemen who have not carefully compared the powers which are to be delegated, with those that had been formerly delegated to Congress. The powers now to be committed to the national legislature, as they are detailed in the 8th section of the first article, have already been chiefly delegated to the Congress, under one form or another, except those which are contained in the first paragraph of that section. And the objects that are now to be submitted to the supreme judiciary, or to the inferior courts, are those which naturally arise from the constitutional laws of Congress. If there is a single new case that can be exceptional, it is that between a Foreigner and a Citizen, or that between the Citizens of different States. These cases may come up by appeal. It is provided in this system, that there shall be no fraudulent tender in the payments of debts. Foreigners with whom we have treaties will trust our citizens on the faith of this engagement; and the citizens of different states will do the same. If the Congress had a negative on the laws of the several states, they would certainly prevent all such laws as might endanger the honor or peace of the nation, by making a tender of base money; but they have no such power, and it is at least possible that some state may be found in this union, disposed to break the constitution, and abolish private debts by such tenders. In these cases the courts of the offending state would probably decide according to its own laws. The foreigner would complain, and the nation might be involved in war for the support of such dishonest measures. Is it not better to have a court of appeals in which the judges can only be determined by the laws of the nation? This court is equally to be desired by the citizens of different states. But we are told that justice will be delayed, and the poor will be drawn away by the rich to a distant court. The authors of this remark have not fully considered the question, else they must have recollected that the poor of this country have little to do with foreigners or with the citizens of distant states. They do not consider that there may be an inferior court in every state; nor have they recollected that the appeals being with such exceptions, and under such regulations as Congress shall make, will never be permitted for trifling sums or under trivial pretences, unless we can suppose that the national legislature shall be composed of knaves and fools. The line that separates the powers of the national legislature from those of the several states is clearly drawn. The several states reserve every power that can be exercised for the particular use and comfort of the state. They do not yield a single power which is not absolutely necessary to the safety and prosperity of the nation, nor one that could be employed to any effect in the hands of particular states. The powers of judiciary naturally arise from those of the legislature. Questions that are of a national concern, and those cases which are determinable by the general laws of the nation, are to be referred to the national judiciary; but they have not anything to do with a single case either civil or criminal which respects the private and particular concerns of a state or its citizens.

The possibility of keeping regular troops in the public service, has been urged as another objection against the new constitution. It is very remarkable that the same objection has not been made against the original confederation, in which the same grievance obtains without the same guards. It is now provided, that no appropriation of money for the use of the army shall be for a longer time than two years. Provision is also made for having a powerful militia, in which there never can be occasion for many regular troops.

It has been objected in some of the southern states, that the Congress, by a majority of votes, is to have the power to regulate trade. It is universally admitted that Congress ought to have this power, else our commerce, which is nearly ruined, can never be restored; but some gentlemen think that the concurrence of two-thirds of the votes in Congress should have been required. By the sundry regulations of commerce, it will be in the power of government not only to collect a vast revenue for the general benefit of the nation, but to secure the carrying trade in the hands of citizens in preference to strangers. It has been alleged that there are few ships belonging to the southern states; and that the price of freight must rise in consequence of our excluding many foreign vessels: but when we have not vessels of our own, it is certainly proper that we should hire those of citizens in preference to strangers; and though the price of freight should rise for two or three years, this advantage is fully due to our brethren in the eastern and middle states, who, with great and exemplary candour, have given us equal advantages in return. A small increase in the price of freight would operate greatly in favour of the southern states: it would promote the spirit of ship-building; it would promote a nursery for native seamen, and would afford support to the poor who live near the sea coast; it would increase the value of their lands, and, at the same time, it would reduce their taxes.

It has finally been objected that the several states are not permitted to tax their exports for the benefit of their particular treasuries. This strange objection has been occasionally repeated by citizens of this state. They must have transplanted it from another state, for it could not have been the growth of North Carolina.

Such have been the objections against the new constitution.

Whilst the honest patriot who guards with jealous eye the liberties of his country, and apprehends danger under every form—the placeman in every state, who fears lest his office should pass into other hands—the idle, the fractious, and the dishonest, who live by plunder or speculation on the miseries of their country—while these, assisted by a numerous body of secret enemies, who never have been reconciled to our independence, are seeking for objections to this constitution—it is a remarkable circumstance, and a very high encomium on the plan, that nothing more plausible has been offered against it; for it is an easy matter to find faults.