Chapter 3

Can any thing be more consistent with the strictest principles of republicanism?

Each state is here upon an equal footing; for the house of representatives can of themselves do nothing without the concurrence of the senate.

The third section further provides, that the senate shall choose their own officers. This is so congenial with the constitution of our own state, that I need not advance any argument to induce the free citizens of Massachusetts to approbate it. And those who oppose this part of the federal plan, act in direct opposition to what the anti-federalists often profess, for the excellency of our constitution has been their favourite theme.

The third section also provides, that the senate shall have the sole power to try all impeachments. This clause seems to be peculiarly obnoxious to anti-federal sycophants.

They have declared it to be arbitrary and tyrannical in the highest degree. But, fellow-citizens, your own good sense will lead you to see the folly and weakness contained in such assertions. You have experienced the tyranny of such a government; that under which you now live is an exact model of it. In Massachusetts, the house of representatives impeach, and the senate try, the offender.

That part of the proposed form of government, which is to be styled the senate, will not have it in their power to try any person, without the consent of two-thirds of the members.

In this respect, therefore, the new constitution is not more arbitrary than the constitution of this state. This clause does not, therefore, savour in the least of any thing more arbitrary than what has already been experienced: so that the horrours the anti-federal junto pretend to anticipate on that head, must sink into nothing. Besides, when the house of representatives have impeached, and the senate tried any one, and found him guilty of the offence for which he is impeached, they can only disqualify him from holding any office of power and trust in the United States: and after that he comes within the jurisdiction of the law of the land.

How such a proceeding can be called arbitrary, or thought improper, I cannot conceive. I leave it to the gentlemen in opposition to point out the tyranny of such conduct, and explain the horrid tendency it will have, for the government of the United States to determine whether any one or more of their own body are worthy to continue in the station to which they were elected.

Another clause, which the anti-federal junto labour to prove to be arbitrary and tyrannical, is contained in the fourth section, which provides, that the time and place for electing senators and representatives shall be appointed by the different state legislatures, except Congress shall at any time make a law to alter such regulation in regard to the place of choosing representatives. The former part of this clause, gives not the least opportunity for a display of anti-federal scandal, and the latter, only by misrepresentation, and false construction, is by them made a handle of. What is intended, by saying that Congress shall have power to appoint the place for electing representatives, is, only to have a check upon the legislature of any state, if they should happen to be composed of villains and knaves, as is the case in a sister state;(13) and should take upon themselves to appoint a place for choosing delegates to send to Congress; which place might be the most inconvenient in the whole state; and for that reason be appointed by the legislature, in order to create a disgust in the minds of the people against the federal government, if they themselves should dislike it. The weakness of their arguments on this head, must therefore be obvious to every attentive mind.

There is one thing, however, which I might mention, as a reason why the opposition junto dread the clause aforementioned—they may suppose, that Congress, when the people are assembled for the choice of their rulers, in the place they have appointed, will send their terrible standing army (which I shall speak of in its place) and, Cesar Borgia like, massacre the whole, in order to render themselves absolute. This is so similar to many of the apprehensions they have expressed, that I could not pass it by unnoticed. Indeed the chief of their productions abound with improbabilities and absurdities of the like kind; for having nothing reasonable to alledge against a government founded on the principles of staunch republicanism, and which, if well supported, will establish the glory and happiness of our country. They resort to things the most strange and fallacious, in order to blind the eyes of the unsuspecting and misinformed.

CASSIUS.

(_To be continued._)

Cassius, IX.

The Massachusetts Gazette, (Number 392)

TUESDAY, DECEMBER 18, 1787.

For the Massachusetts Gazette.

TO THE INHABITANTS OF THIS STATE.

(_Continued from our last._)

Section 5, of the new constitution, says, Each house shall be a judge of the elections, returns and qualifications of its own members—a majority shall constitute a quorum, and be authorized to compel the attendance of absent members, in such manner and under such penalties as the law may provide. Each house shall determine the rules of its proceedings—punish its members for disorderly behaviour—and with the consent of two-thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, &c. No one, who professes to be governed by reason, will dispute the propriety of any assembly’s being the judge of the qualifications requisite to constitute a member of their own body. That part of the fifth section which says a majority shall constitute a quorum, has been an object against which many anti-federal shafts have been levelled. It has been asserted by some, that this clause empowers a majority of members present, to transact any business relating to the affairs of the United States, and that eight or ten members of the house of representatives, and an equal number of the senate, might pass a law which would benefit themselves, and injure the community at large. The fallacy of such assertions is sufficiently conspicuous to render them ridiculous and contemptible in the eyes of every unprejudiced mind—for the section further expresses, That a smaller number than a quorum may adjourn from day to day, and be authorised to compel attendance of absent members. This is all the power that is vested in a smaller number than the majority. It is therefore evident, that when it says a majority shall constitute a quorum to do business, it means a majority of the whole number of members that belong to either house.

Sect. 5, further provides, That each house shall keep a journal of its proceedings, and from time to time publish the same, &c. This clause is so openly marked with every feature of republicanism, and expressed in such liberal and comprehensive terms, that it needs no comment to render it acceptable to the enlightened citizens of Massachusetts.

Sect. 6, provides, That the senators and representatives shall receive a compensation for their services, to be ascertained by law—they shall, except in cases of treason, felony, or breach of peace, be privileged from arrest during their session.—The necessity of such regulations must appear plain to every one; the inhabitants of Massachusetts, fully convinced of the justness of such provision, made it in the constitution of this state. The 6th section further says, No member shall be called to account for sentiments delivered in either house, at any other place. In this clause, the freedom of debate, so essential to the preservation of liberty and the support of a republican form of government, is amply provided for. Impeded by no obstacle whatever, the patriot may here proclaim every sentiment that glows within his breast. How far despotism can encroach upon such a government I leave the antifederal junto to declare.

The 6th section further provides, that no senator or representative shall, during the time he is in office, be elected or appointed to any office under the United States—nor shall any person, holding any office under the government, be elected a member of either house during his continuance in that station.

This clause at once confutes every assertion of the antifederalists respecting the new congress being able to secure to themselves all offices of power, profit and trust. This section is even more rigidly republican than the constitution of this commonwealth; for in the general assembly of Massachusetts, a civil officer is not excluded a seat; whereas the new constitution expressly asserts that no person in civil office under the United States shall be eligible to a seat in either house.

Sect. 7 provides that all bills for raising revenues shall originate in the house of representatives. Here again must the anti-federalists appear weak and contemptible in their assertions that the senate will have it in their power to establish themselves a complete aristocratick body; for this clause fully evinces that if their inclinations were ever so great to effect such an establishment, it would answer no end, for being unable to levy taxes, or collect a revenue, is a sufficient check upon every attempt of such a nature.

The 7th section further provides, That every bill which passes the house of representatives and the senate, before it becomes a law, shall be presented to the president of the United States; if he objects to it the sense of both houses will be again taken on the subject, and if two-thirds of the members are in favour of the bill, it passes into a law.

Much clamour has been made about the power of the president; it has been asserted that his influence would be such as to enable him to continue in office during life.

Such insinuations are founded on a very slender basis. If the president opposes the sense of both houses, without sufficient reasons for his conduct, he will soon become obnoxious, and his influence vanish like the fleeting smoke; and his objection to anything which the house and senate may think calculated for the promotion of the publick good, will be of no effect.

Sect. 8 provides, That Congress shall have power to lay and collect taxes, duties, imposts, excises, &c.—to pay debts, to provide for the common defence and general welfare of the United States—that all duties, imposts and excises shall be uniform throughout the Union—they shall have power to coin money, and to fix the value thereof, &c.—The impotency of the present Congress sufficiently indicates the necessity of granting greater powers to a federal head; and it is highly requisite such a head should be enabled to establish a fund adequate to the exigencies of the Union.

The propriety of all duties and imposts being uniform throughout the states, cannot be disputed. It is also highly requisite that Congress should be enabled to establish a coin which shall circulate the same throughout all the states. The necessity of such arrangements is certainly very obvious. For other particulars contained in the 8th section, I must refer my readers to the Constitution, and am confident they will find it replete with nothing more than what is absolutely necessary should be vested in the guardians of a free country.

Can, then, those murmuring sycophants, who oppose the plan of federal government, wish for anything more liberal than what is contained in the aforementioned section? If the powers of a federal head were to be established on as weak a frame as that on which the present confederation is founded, what effect would any constitution have in giving energy to measures designed to promote the glory of the Union, and for establishing its honour and credit? One great object of the federal Convention was, to give more power to future Assemblies of the States. In this they have done liberally, without partiallity to the interests of the states individually; and their intentions were known before the honourable body was dissolved. And now that a form of government, every way adequate to the purposes of the Union, has been proposed by them, in which proper powers are to be vested in the supreme head, a hue and cry is raised by the sons of sedition and dishonesty, as though an army of uncircumcised Philistines were upon us!

They are bellowing about, that tyranny will inevitably follow the adoption of the proposed constitution. It is, however, an old saying, that the greatest rogue is apt to cry rogue first. This we may rely upon, that if we follow perfidious counsels, as those are, I dare affirm, of the anti-federalists, every evil which that sapp brood anticipates, will befall us. Besides, foreign creditors will not be cheated out of their property; nor will the creditors of our own country be tame spectators of the sacrifice of their interest at the shrine of villainy.

Section 9th says, The writ of habeus corpus shall not be suspended, unless in case of rebellion, or the invasion of the publick safety may require it. It has been asserted by some, that a person accused of a crime, would be obliged to ruin himself, in order to prove his innocence; as he would be obliged to repair to the seat of federal government, in order to have his cause tried before a federal court, and be liable to pay all expenses which might be incurred in the undertaking. But the section beforementioned proves that assertion to be futile and false, as it expressly provides for securing the right of the subjects, in regard to his being tried in his own state.

The 9th section further provides, that a regular statement and account of the receipts and expenditures of all publick monies, shall be published from time to time. Thus the people will have it in their power to examine the appropriations made of the revenues and taxes collected by Congress; and if they are not satisfied in regard to the conduct of their rulers in this respect, they will be able to effect a change agreeable to their wishes.

The last section of this article provides, that no state shall enter into any treaty, alliance, &c., coin money, emit bills of credit, make any other but gold and silver coin a tender in payment of debts—all laws respecting imposts, duties, and excises, shall be subject to the revision and controul of Congress.

The absolute necessity of powers of this nature being vested in a federal head is indisputable.

For want of such a power, what vile proceedings have of late disgraced almost every legislative measure of Rhode Island! For want of such a power, some honest creditors in Massachusetts have been paid in old horses and enormous rocks, in return for money loaned upon interest. With respect to the controul of Congress over laws of the afore-mentioned description, it is highly requisite that it should take place: nor have the people any thing to fear from such a proceeding; for their controul cannot be extended farther than the powers granted in the new constitution; the words of which are, “all powers Herein Granted.” If any act originates contrary to this, it will be of no effect, and a mere nullity.

Section one, of article second, provides that the executive power shall be vested in a president of the United States. The necessity of such a provision must appear reasonable to any one; and further remarks, therefore, on this head will be needless.

In the same section it is provided, (among other things which to argue upon would be unnecessary, as they are founded on the firmest principles of republicanism) that Congress shall determine the time for choosing electors, and the day of election shall be the same throughout the Union. Can anything more strongly mark a liberal and free government than this clause? No one state will in the least be influenced in their choice by that of another; and Congress cannot have the least controul in regard to the appointment of any particular men for electors. This, among other things, proves that all requisite power will still remain in the hands of the people, and any insinuation to the contrary, must be a mere chicane to blind the judgments of the misinformed.

CASSIUS.

(_To be continued._)

Cassius, X.

The Massachusetts Gazette, (Number 393)

FRIDAY, DECEMBER 21, 1787.

For the Massachusetts Gazette.

TO THE INHABITANTS OF THIS STATE.

(_Continued from our last._)

Section I, of article II. further provides, That the president shall, previous to his entering upon the duties of his office, take the following oath or affirmation: I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect, and defend the constitution of the United States. Thus we see that instead of the president’s being vested with all the powers of a monarch, as has been asserted, that he is under the immediate controul of the constitution, which if he should presume to deviate from, he would be immediately arrested in his career and summoned to answer for his conduct before a federal court, where strict justice and equity would undoubtedly preside.

Section 3, of article II. provides, That the president of the United States shall, from time to time, give Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient—he may, on extraordinary occasions, convene both houses or either of them, and adjourn them to such time as he may think proper—he shall take care that the laws be faithfully executed, and shall commission all officers of the United States.

Very little more power is granted to the president of the United States, by the above section, than what is vested in the governours of the different states. The propriety of vesting such powers in a supreme executive cannot be doubted. What would it signify to appoint an executive officer, and immediately after to make laws which would be a barrier to the execution of his commission?

It would answer the same end that the nominal power which is vested in the different states answers, that is, it would answer the end of paying for the support of a shaddow, without reaping the benefit of the substance.

It is certainly requisite that proper powers should be vested in an executive (and certainly no more than necessary powers are vested in the executive of the United States by the new constitution) or else the establishment of such a branch is needless.

Section 4, of article II. says, The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.—Thus we see that no office, however exalted, can protect the miscreant, who dares invade the liberties of his country, or countenance in his crimes the impious villain who sacrilegiously attempts to trample upon the rights of freemen.

Who will be absurd enough to affirm, that the section alluded to, does not sufficiently prove that the federal convention have formed a government which provides that we shall be ruled by laws and not by men? None, surely, but an anti-federalist—and from them falsehood receives constant homage; for it is on the basis of falsehood and the summit of ignorance, that all opposition to the federal government is founded.

Section 1, of article III. provides, That the judicial power of the United States shall be vested in one supreme court, and in such inferiour courts as Congress may from time to time appoint.—It has been asserted, that a federal court would be an engine of partiality in the government, a source of oppression and injustice to the poorer part of the community; but how far consistency influenced the conduct of the authors of such assertions, the publick must determine. The anti-federalists have said, that if a cause should come before one of state judicial courts, and judgment be given against the person who possessed most interest, that he would immediately appeal to the federal court, whose residence would be at the seat of government, and consequently at so great a distance that an inhabitant of the state of Georgia or New-Hampshire, if he was in low circumstances, would not be able to carry his cause before the federal court, and would, therefore, be obliged to give it up to his wealthier antagonist. The glaring improbability with which such insinuations abound, must be obvious to every one.

Can it be supposed, that any person would be so inconsistent, after a cause was given against him, in a court where judges presided whose characters, as honest and just men, were unrivalled, as to attempt to have the cause re-heard before the federal court?

Indeed if such a thing was to take place, the man in low circumstances would have nothing to fear, as the payment of all charges would fall upon the person who lost the cause, and there is not the shadow of a doubt, with respect to the person’s losing the cause, who had lost it before in a court of justice in either of the states.

In regard to the equal administration of justice in all the states, a rattle brained anti-federalist, in the last Mass. Gazette, under the signature of Agrippa,(14) has asserted, that the inequality of the administration of justice throughout the states, was a favourite argument in support of the new constitution—an assertion founded on as impudent and barefaced a falsehood as ever was uttered, for the very reverse is the case. The equality of the administration of justice in the different states, has ever been dwelt upon as recommendatory of the new plan of government. I am induced to think that Agrippa is non compos, and this might proceed from his close application to study, while the library of a celebrated university was under his care(15)—he seems to be one of those whom Pope describes when he says,

“Some are bewilder’d in the maze of schools,” &c.

I hope my readers will forgive this digression, when they consider that such scandalous lies, absurdities, and misrepresentations as the productions of Agrippa, that political Quixote, abound with, may have a tendency to prejudice the minds of the misinformed against the new constitution, unless they are properly noticed.