Pamphlets on the Constitution of the United States. Various
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should be reposed in the abilities, the zeal and integrity of that respectable body. But after all, if the constitution should, in its future operation, be found defective or inconvenient, two-thirds of both houses of Congress or the application of two-thirds of the legislatures, may open the door for amendments. Such improvements may then be made, as experience shall dictate.
[54] Let us then consider the New Federal Constitution, as it really is, an improvement on the best constitutions that the world ever saw. In the house of representatives, the people of America have an equal voice and suffrage. The choice of men is placed in the freemen or electors at large; and the frequency of elections, and the responsibility of the members, will render them sufficiently dependent on their constituents. The senate will be composed of older men; and while their regular dismission from office, once in six years, will preserve their dependence on their constituents, the duration of their existence will give firmness to their decisions, and temper the factions which must necessarily prevail in the other branch. The president of the United States is elective, and what is a capital improvement on the best governments, the mode of chusing him excludes the danger of faction and corruption.34 As the supreme executive, he is invested with power to enforce the laws of the union and give energy to the federal government.
The constitution defines the powers of Congress; and every power not expressly delegated to that body, remains in the several state-legislatures. The sovereignty and the republican form of government of each state is guaranteed by the constitution; and the bounds of jurisdiction between the federal and respective state governments, are marked with precision. In theory, it has all the energy and freedom of the British and Roman governments, without their defects. In short, the privileges of freemen are [55] interwoven into the feelings and habits of the Americans; liberty stands on the immoveable basis of a general distribution of property and diffusion of knowledge; but the Americans must cease to contend, to fear, and to hate, before they can realize the benefits of independence and government, or enjoy the blessings, which heaven has lavished, in rich profusion, upon this western world.
Jay, John. An Address to the People of the State of New York, on the subject of the Constitution. By a Citizen of New York
An / Address / to the / People / of the / State of New-York / On the Subject of the / Constitution, / Agreed upon at Philadelphia, / The 17th of September, 1787. / New-York: / Printed by Samuel Loudon, / Printer to the State. [1788].
Sm. 4to., pp. 19.
By John Jay, member of the New York State Convention. The pamphlet has been partially reprinted in Elliot, I, 496.
“The good sense, forcible observations, temper and moderation with which the pamphlet is written, cannot fail, I should think, of making a serious impression upon the anti-federal mind, where it is not under the influence of such local views as will yield to no argument, no proof.”—George Washington.
“I likewise send you a small pamphlet written by John Jay about ten days since, and which has had a most astonishing influence in converting anti-federalism to a knowledge and belief that the new Constitution was their only political salvation.”—S. B. Webb, 27 April, 1788.
“This pamphlet contains a brief recapitulation of the most striking arguments in favor of adopting the proposed Federal Constitution. Several of the observations are new, and all are penned with such moderation of temper, and sound judgment, that they cannot fail to make an impression favorable to the Constitution on minds which are open to conviction. It is wished that every friend to good order and government might ‘receive this address with the same candor with which it is written,’ as it is believed the author’s arguments against appointing a new general Convention, for the purpose of altering and amending the constitution, are altogether unanswerable.” [Noah Webster] in American Magazine for April, 1788.
See Jay’s Life of Jay, I, 362; The Federalist, LXXXV; and the “Postcript” of An Address to the People of the State of New York.—By a Plebian, infra.
P. L. F.
Friends and Fellow Citizens:
THERE are times and seasons, when general evils spread general alarm and uneasiness, and yet arise from causes too complicated, and too little understood by many, to produce an unanimity of opinions respecting their remedies. Hence it is, that on such occasions, the conflict of arguments too often excites a conflict of passions, and introduces a degree of discord and animosity, which, by agitating the public mind dispose it to precipitation and extravagance. They who on the ocean have been unexpectedly enveloped with tempests, or suddenly entangled among rocks and shoals, know the value of that serene, self-possession and presence of mind, to which in such cases they owed their preservation; nor will the heroes who have given us victory and peace, hesitate to acknowledge that we are as much indebted for those blessings to the calm prevision, and cool intrepidity which planned and conducted our military measures, as to the glowing animation with which they were executed.
While reason retains her rule, while men are as ready to receive as to give advice, and as willing to be convinced themselves, as to convince others, there are few political evils from which a free and enlightened people cannot deliver themselves. It is unquestionably true, that the great body of the people love their country, and wish it prosperity; and this observation is particularly applicable to the people of a free country, for they have more and stronger reasons for loving it than others. It is not therefore to vicious motives that the unhappy divisions which sometimes prevail among them are to be imputed; the people at large always mean well, and although they may on certain oc- [4] casions be misled by the counsels, or injured by the efforts of the few who expect more advantage from the wreck, than from the preservation of national prosperity, yet the motives of these few, are by no means to be confounded with those of the community in general.
That such seeds of discord and danger have been disseminated and begin to take root in America, as unless eradicated will soon poison our gardens and our fields, is a truth much to be lamented; and the more so, as their growth rapidly increases, while we are wasting the season in honestly but imprudently disputing, not whether they shall be pulled up, but by whom, in what manner, and with what instruments, the work shall be done.
When the king of Great Britain, misguided by men who did not merit his confidence, asserted the unjust claim of binding us in all cases whatsoever, and prepared to obtain our submission by force, the object which engrossed our attention, however important, was nevertheless plain and simple, “What shall we do?” was the question—the people answered, let us unite our counsels and our arms. They sent Delegates to Congress, and soldiers to the field. Confiding in the probity and wisdom of Congress, they received their recommendations as if they had been laws; and that ready acquiesence in their advice enabled those patriots to save their country. Then there was little leisure or disposition for controversy respecting the expediency of measures—hostile fleets soon filled our ports, and hostile armies spread desolation on our shores. Union was then considered as the most essential of human means and we almost worshipped it with as much fervor, as pagans in distress formerly implored the protection of their tutelar deities. That union was the child of wisdom—heaven blessed it, and it wrought out our political salvation.
That glorious war was succeeded by an advantageous peace. When danger disappeared, ease, tranquility, and a sense of security loosened the bands of union; and Congress and soldiers and good faith depreciated with their apparent importance. Recommendations lost their influence, and requisitions were rendered nugatory, not by their want of propriety, but by their want of power. The spirit of private gain expelled the spirit of public good, and men became more intent on the means of enriching and aggrandizing themselves, than of enriching and aggrandizing their country. Hence the war-worn veteran, whose re- [5] ward for toils and wounds existed in written promises, found Congress without the means, and too many of the States without the disposition, to do him justice. Hard necessity compelled him, and others under similar circumstances, to sell their honest claims on the public for a little bread; and thus unmerited misfortunes